Maritime public domain concessions for tourism and recreational purposes: unresolved issues and regulatory challenges (with reference to Court of Cassation, Joint Sections, Order no. 14568/2026)

Le concessioni demaniali marittime per finalità turistico-ricreative: questioni irrisolte e criticità regolatorie (a margine di Cass., Sez. Un., Ord. n. 14568/2026)

Abstract

Taking its cue from a recent order of the Italian Supreme Court of Cassation (No. 14568/2026), this article examines the recurrent extensions of maritime public-domain concessions for tourism and recreational purposes in light of the evolving legislative framework and the settled body of case law in this field. The analysis proceeds from the principle that such concessions must be awarded through transparent and competitive selection procedures, in accordance with the Services Directive (Directive 2006/123/EC) or, where applicable, Article 49 TFEU, as well as from the requirement that concession rights be granted for a fixed, predetermined and non-renewable term. Against this background, the article investigates the persistent tension between the statutory framework and the body of principles progressively shaped by judicial interpretation in this field. From the perspective of the legal regulation of economic activity, it assesses whether the principles that have now become firmly established in the case law have been fully and consistently reflected in legislation. The ultimate question is whether it may now be stated, without qualification or residual uncertainty, that the operation of beach establishments is subject – or is in the process of becoming subject – to an authorisation regime structured around the requirements of competitive selection, transparency and effective competition.