Milleproroghe, Mattarella glue Meloni in bathing establishments: “Relevant concerns”

“In today’s case, specific and relevant perplexities arise, namely, by the rules inserted, during the parliamentary conversion, in terms of extensions of state concessions and management relations for tourist-recreational and sports purposes”. Sergio Mattarella signed the Milleproroghe decree, but expressed strong reservations about the rules concerning bathing establishments. “This matter has long been under consideration by the European Court of Justice, which considered incompatible with European law the extension of state maritime concessions established by law, in the absence of any selection process between potential candidates”, recalls the President, who lists other interventions , by the law of August 5, 2022, n. 118, to final judgments n. 17 and 18 of the plenary meeting of the Council of State, which “had extended state maritime, lake and river concessions for the exercise of tourist-recreational and sports activities until December 31, 2023”. “Today’s amendments, made to three articles of the decree-law and to article 1 of the conversion law, significantly alter the regulatory framework described above”. «Moreover, the existing concessions and relationships continue, in any case, to produce effects until the date of issuance of the new provisions on concessions and – he adds – until the approval of the legislative decrees that implement the delegation regarding the attribution of concessions (which expire on the 27th of February) granting entities are, in any case, prohibited from issuing public notices for the assignment of concessions. With the effect of creating even more uncertainty taking into account that the delegation in question expires within three days. In addition, the holders of maritime, lake and river concessions are authorized to keep the removable artifacts until December 31, 2023, with possible cases of interference even in the ongoing judicial demolition measures”.

Thus, the rules approved yesterday “in addition to contradicting the aforementioned final judgments of the Council of State, they diverge from European Union law, also in view of the commitments to open the market assumed by Italy within the scope of the National Recovery Plan and resilience”. «The examination of the law that converted the decree-law in question brought, therefore, many critical profiles, of which the most evident is represented by the referred alterations related to state concessions, which could justify the exercise of the right that was attributed to me by article 74 of the Constitution. However, I am aware of the delicacy, from the constitutional point of view, of recourse to the Chambers exercised in relation to a law that converts a decree-law, a few days after its expiry: it would inevitably lead to the disappearance, with retroactive effects, in many cases of irreversibly, all the countless other provisions that the decree-law contains, causing uncertainty and disorientation in the public administrations and in the addressees of the regulations”.

«I have therefore decided to enact the conversion law in question» concludes Mattarella, who however also notes that on bathing establishments «it is evident that the profiles of incompatibility with European law and with final judicial decisions increase the uncertainty of the regulatory framework and become and parliamentary initiatives are essential in the short term. Indeed, it will be necessary to guarantee the application of competition rules and the protection of the rights of all entrepreneurs involved, in accordance with Union law, as well as to guarantee legal certainty and the uniform application of the law vis-à-vis public and private entities that operate in this field”. A real ax in extending the coastal concessions desired by the Meloni government.

Source: IL Tempo