La regolazione del demanio marittimo in Italia e in Spagna: problemi, riforme e prospettive

COASTAL ZONE REGULATION IN ITALY AND SPAIN: PROBLEMS, REFORMS, PERSPECTIVES Italian coastal zone regulation presents many problems, in particular concerning beach concessions. The main problems are: distribution of administrative responsibilities between different levels of government, selection procedures for the concession, quantification and financial management of concession fees, coastal planning (also from the point of view of the Integrated Coastal Zone Management), illegal construction. In this regard, a comparison with the Spanish coastal zone regulation is very interesting, such as in the case of the transferability inter vivos of the concessions, recently established by the reform of the Spanish Coastal Act. The Italian regulation has been also object of an EU infringement procedure, which has imposed a pro-competitive regulation. In a national context characterized by the existence of strong pressures and interests on the legislator, a larger use of selection procedures in beach concessions has been required and the abolition of privileges for concessionaires (such as the so-called “diritto di insistenza” or the automatic renewal of concessions) has been imposed.