Three sentences to return strain in a transparent path: the seashores should be put to tender. A number of days after the final choice on this path, the Council of State declares a triple submitting of pronouncements. During which he says that common extensions aren’t good. A conclusion he reaches even earlier and no matter whether or not our coasts are a scarce useful resource or not; and the federal government, leaning in direction of this second thesis, thus asks to flee the duty to name into query the possession of the coast.
Hunters, terraces, seaside resorts: that is how the federal government distributes electoral ideas
by Antonio Fraschilla
“With the three sentences filed at present and referring to the judgments topic to the selections of the joint sections of the Cassation and the Court docket of Justice, the Council of State has reaffirmed the consolidated rules of its jurisprudence on the illegitimacy of the generalized extensions of maritime state concessions for tourism functions. leisure actions” established on a number of events by the federal government between 2018 and 2023. For the Council of State, the extensions are “opposite to the rules of competitors and freedom of multinational enshrined not solely within the so-called Bolkestein Directive, but in addition in artwork. 49 of the Treaty on the Functioning of the European Union”.
Seashores, the Council of State denies the federal government: “The useful resource is scarce and the extensions are illegitimate, the tenders ought to begin instantly”
by Antonio Fraschilla
The word explains that “the Council of State has clarified that the non-application of nationwide guidelines on maritime state concessions is required earlier than and whatever the examination of the difficulty of shortage of sources, which in any case doesn’t seem like decisive since even when it have been believed that the useful resource shouldn’t be scarce, the selective procedures would nonetheless be imposed by the artwork. 49 of the Treaty on the Functioning of the European Union within the presence of a sure cross-border curiosity and by nationwide legislation even within the absence of such curiosity”.
“The Council of State due to this fact reiterated the necessity for Municipalities to instantly launch neutral and clear tender procedures for the project of concessions which have now expired on 31 December 2023.. In relation to the beginning of the washing season, the Council of State recalled the content material of the categorical provision of the legislation (artwork. 3, paragraph 3, of legislation no. 118/2022 in its authentic model and disapplied the amendments made by legislation no. 14 of 2023), which permits, within the occasion of difficulties in finishing the tender, solely the so-called technical extension till 31 December 2024 of the concessions which have already expired for the Municipalities which have determined to begin or have already began the tenders to assign the concessions” .
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– 2024-05-21 05:05:35
