yes to tenders, but enhanced protections for managers – Corriere.it

The only possible compromise at this point is a decree law. At Palazzo Chigi they consider it inevitable. A regulatory intervention that is not immediate because it will have to be the result of discussions with at least three actors: the European Commission, the Quirinale which raised the findings and finally the category of beach concession holders, whose interests Giorgia Meloni continues to want to protect, but no longer at all costs, but within the perimeter of a difficult agreement that reconciles various economic, legal and institutional interests in the field.

Government sources for this reason tell that it will take several weeks, if not monthsto arrive at a regulatory intervention that heals the legal vulnerability introduced by the rules contained in the Milleproroghe, rules that the first office of the state has asked to correct.

Those provisions once again extend the tenders on beach concessions by one year, and in some cases by two years. Tenders that for the European Union instead must be made, based on the principle of competition. But a probable decree will not only have to correct the legal tear that the Quirinale has sanctioned, but bring the Italian legal context back to a level of homogeneity that is currently lacking, to put it mildly.

clear to the Undersecretary to the Presidency of the Council Alfredo Mantovanowho in these hours has contacted the legislative offices of the Quirinale, that at this point the intervention must have different objectives: in the meantime, to resolve the contradiction of having two different laws, the Milleproroghe rules and the Draghi reform on competition.

Then, however, he will also have to solve the mess that Colle has put under his scrutiny: at the moment a united section sentence of the State Council he agrees with European law and therefore as early as the next few months any mayor, perhaps from the left, can put the seaside concessions out to tender from 2024 and find a judge who agrees with him.

In fact, the concessionaire would almost certainly lose the case, on the basis of European law, Italian jurisprudence and a regulatory context that is confused and contradictory.

To achieve these different, intertwined and multiple objectives at this point, according to government sources, it is necessary that new rules be studied on the basis of a negotiation that includes the European Commission, trying as much as possible to comply with the Bolkestein directiveand at the same time reassure what a historical center-right constituency.

Giorgia Meloni has repeatedly promised the category that he will defend it, has also said it in public in recent weeks and therefore it is necessary to find a way that heals the internal contradictions of national law, those with European law and finally is able to be digested by the current concessionaires. Already in the Draghi reform, voted on last year by both the Lega and Forza Italia, which have now instead questioned it, there were light forms of guarantee for the category, for example by examining the investments made by the dealers.

Now we are discussing a formula, which will in any case also be discussed with the European Commission in Brussels, which for reasons of simplification goes under the name of agreed notices.

The tenders are reopened, the bathing establishments accept the principle, but with enhanced protection which emphasizes the role played, primarily economic, in the years of ownership.

It remains to be seen whether the seaside resorts will accept a compromise or rather stick with the demand for an infinite extension of the tenders. It will also be necessary to see to what extent Meloni will want to clash with Lega and Forza Italia, who in the gestation of the Milleproroghe did not want to hear reasons, ignoring both the suggestions that came from the Quirinale and the attempt at mediation and the minister Raffaele Fitto he experienced.

In this picture, however, hovers a forthcoming condemnation of Italy European Court of Justice.

The Court refused to hear the arguments of the Italian concessionaires at the hearing. His sentence, which appears to be taken for granted, would open the door to a new infringement procedure against Rome. But basically the least of evils, since we have 82 open. The government’s most urgent goal at this point is to resolve a legal tangle that can explode into hundreds of lawsuits, without intervention.