324 COMPETITION LAW IN TOURISM and the implementation of competition rules; connections upon which, in the light of such reasons, we need to pause to reflect upon. 2. TOURISM AND PROTECTION OF COMPETITION: THE CASE OF THE CONCESSIONS OF BATHING ESTABLISHMENTS The matter of the concessions with touristic-recreational purposes and, in particular, the custom, confirmed by the national legislator, of extending those that have expired makes a paradigmatic example of the tensions between tourism and competition under the Italian legal order. Bringing together such substantial subject matters may appear paradoxical under a certain perspective, even provocative: “paradoxical” because the terms of market/competition and concessions are at first sight not relatable, moving towards opposite directions; “provocative” because, actually, as the concession is an administrative title to grant access to the market, it has always been characterised by some specific way of circulation, notwithstanding the caution imposed by the implementation of the regime of public policies. In an attempt to reduce the distance, however, the competition principle should function as a regulatory parameter of the licensor-licensee relationship; as a consequence, the access to the market should be granted through public procurement procedures and no extension should be allowed “automatically” and no exclusions and preferences should be allowed at the moment of awarding and renewal. Everything was set forth, in particular, in order to make the State property concretely contended between all aspiring candidates, highlighting adequately the professional competences of economic operators and reducing, on the other hand, the granting of concessions on the basis of “historically” determined rights and, as such, not justified by the outcomes achieved. The same direction seems to be taken by the European legislator starting from the Service Directive of 2006, where under Article 12 it was set that when the number of authorisations available for a certain activity is limited due to the shortage of natural resources or the technical skills being used, such as in the case of the concessions of maritime property, member States must implement selective procedures between all prospective candidates, prescribing the limited duration of concessions and forbidding automatic renewal or granting advantages to the exiting operator.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==