Il nodo delle concessioni demaniali marittime. amministrazione, giudici, mercati e conflitti

This paper will attempt to highlight the issues arising from the possible application in Italy of the Services Directive No. 123/2006/EC, known as ‘Bolkestein’, in the context of maritime state concessions. In this regard, an attempt will also be made to focus attention on the decisions rendered by the jurisprudence of the Council of State, on the recent ruling of the Regional Administrative Court of Lecce, which posed some preliminary questions on the validity and efficacy of the European directive, and on the response of the Court of Justice of the Union recently rendered through the publication of ruling C-348/2022. Finally, it will reflect on the current regulatory framework, characterised by unprecedented confusion, and the need for the European institutions to apply the principle of free competition in the market at all costs. All without concern for the situation of the internal market and the risks to competition itself.