Bathing concessions and beaches, the ruling: “The tenders are underway immediately”

Bathing concessions and beaches, the ruling: “The tenders are underway immediately”
Bathing concessions and beaches, the ruling: “The tenders are underway immediately”

Beaches are a “definitely scarce” resource and the deadline for beach concessions on 31 December 2023 must be respectedand so extensions must be disapplied at the end of 2024.

For this reason “by applying the ruling of the EU Court of Justice” the tender procedure must be “immediately launched to award the concession in a truly competitive context”. This is what the Council of State established in a sentence filed today.

The reactions of the majority

“The Council of State has some problems with the measures, both of the Italian coasts and of its own competences. There is a state law that extends the beach concessions to 31 December 2024 and, given that the legislative power lies with Parliament, the judiciary must enforce that law, not boycott it“, says the vice president of the Senate Gian Marco Centinaio, head of the Agriculture and Tourism department of the League.

“Furthermore, on what basis does the Council of State speak of the coasts as a ‘certainly scarce’ resource? Have they carried out measurements that are not to our knowledge? The only assumptions without proof seem to be precisely those that the judges of Palazzo Spada continue to maintain repeat in their sentences.”

“The government – recalls Centinaio – has carried out a rigorous mapping of the coasts and, starting from those numbers, has started a discussion with Brussels to reach an agreement which, in our intentions, must fully safeguard the current concessionaires. This is the the only table that matters to reach a solution to the issue. At least until we manage to change the Bolkestein directive, an old and poorly written text, which is at the origin of a senseless persecution of categories such as beach resortstourist guides and street vendors”, he concludes.

The president of Forza Italia’s senators, Maurizio Gasparri, also takes issue with the judges: “The Council of State needs advice on its state. Which appears, let’s say, criticisable. They should know, at the Council of State, that it was a mapping of the Italian coasts and it turns out that beaches are not a scarce resource”, he attacks. “It is a certain fact, verified by the government, documented with incontrovertible data. It is truly regrettable – insists Gasparri – that the Council of State gives incorrect advice to the State and ignores reality. This is a very serious and very serious problem. Of which for some part will have to be discussed. If the Council of State decided that today is Friday, today would still remain Tuesday. Let’s give advice to the Council of State. Read the documents and certifications and give better advice to the State itself which should corroborate, not hinder.”

“The Council of State continues to interpret Bolkestein according to a completely arbitrary direction. Knowing full well that the directive does not concern state concessions, it adds further chaos by once again destabilizing entrepreneurs in the sector on the eve of the season”, declares the vice president of the Chamber of the deputies Fabio Rampelli of Fratelli d’Italia. “Bolkestein foresees that where there is a national strategic economic interest the State can disapply the directive which, in any case, excludes beach resorts. While the Government is engaged in negotiations with the EU Commission in an attempt to reach a compromise that is most favorable to our system of Your Excellency, the judiciary requires the Municipalities to disapply the extension. The Parliament is stripped of its authority, the Government is blackmailed by the administrative courts. If any magistrate wants to engage in politics, or is nostalgic for command, leave Palazzo Spada”, he adds.

The opposition: “Government lied”

The opposition’s interpretation of the sentence is of an opposite nature. “Today with sentence no. 03940/2024 of the VII section of the Council of State The Meloni government’s beach mapping work is disproven which had lengthened the Italian beaches by 3 thousand km, bringing them from 8,000 to 11,000 km. only to demonstrate that Italian beaches are a disposable asset and therefore not to put the current state concessions out to tender”, states the co-spokesman of Green Europe and deputy of the Verdi and Sinistra Angelo Bonelli. “The sentence establishes not only that it is illegitimate to extend state maritime concessions, but – underlines the environmentalist leader – also that beaches are a scarce resource. Contrary to what is defined by the government mapping. The fraudulent game was also revealed by a court.”

Also according to the secretary of Più Europa Riccardo Magi “the Council of State said what is clear for all to see but which the Government continues to ignore: beaches in Italy are scarce resources and tenders for the assignment must be made immediately. The famous mapping is just a mockery and a clumsy attempt to circumvent European regulations to favor the spa lobby so dear to the majority parties. In the face of all those Italian entrepreneurs who would like to enter the sector but see the wall of an executive who wants less Europe and only has the interest of protecting a corporation, punishing all the other Italians. The fees for state concessions should be raised immediately and the beaches put up for tender”, asks Magi.

 
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