Maritime Concessions and Circularity Defects: Looking for a (New) Right of First Refusal
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Abstract
The article critically analyses the latest legislative measures adopted by the Draghi Government and by the Government actually in office, following the decisions recently issued by the Council of State. In this perspective, the provisions contained in law no. 218/2022 (Annual law for the market and competition 2021), as well as those embedded in l. n. 14/2023, transposing the «Milleproroghe Decree», are scrutinised to assess whether they are in line with the need to reform and simplify the maritime concessions regulation. Has the time come to change a long-lasting chaotic status quo?
Keywords
- Maritime domain
- Concessions
- Annual law for the market and competition
- European Court of Justice
- Judicial review
- Competition
- Infringement procedures
- Preliminary reference procedure
