With two twin judgments (November 9, 2021, No. 17 and No. 18), the Plenary Assembly of the Council of State appears to have put a stop to the long-standing issue of so-called bathing concessions, definitively de-legitimising the legal extension of concessions. The decision is part of a long-running conflict involving Italian and EU legal systems, which has contributed to defining an uncertain legal framework. From the point of view of compliance with EU law, the judgment appears to be inspired by lucid realism, capable of putting an end to the ‘customary’ practice of automatic extensions and finally prompting the legislator to bring the domestic legal system into line with the directive’s provisions, while taking account of the need to protect outgoing concession holders. Nevertheless, the Council of State’s ‘constitutional’ approach cannot fail to leave us somewhat perplexed.
L’epilogo della proroga ex lege delle concessioni balneari / Circolo, Andrea. - In: STUDI SULL'INTEGRAZIONE EUROPEA. - ISSN 1970-0903. - XVI:3(2021), pp. 573-590.
L’epilogo della proroga ex lege delle concessioni balneari
circolo andrea
2021
Abstract
With two twin judgments (November 9, 2021, No. 17 and No. 18), the Plenary Assembly of the Council of State appears to have put a stop to the long-standing issue of so-called bathing concessions, definitively de-legitimising the legal extension of concessions. The decision is part of a long-running conflict involving Italian and EU legal systems, which has contributed to defining an uncertain legal framework. From the point of view of compliance with EU law, the judgment appears to be inspired by lucid realism, capable of putting an end to the ‘customary’ practice of automatic extensions and finally prompting the legislator to bring the domestic legal system into line with the directive’s provisions, while taking account of the need to protect outgoing concession holders. Nevertheless, the Council of State’s ‘constitutional’ approach cannot fail to leave us somewhat perplexed.File | Dimensione | Formato | |
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