Federico Gaffuri

Associate Professor of Administrative Law at the University of Milan and Lawyer at the bar of Milan

The article traces the evolution of Italian legislation regarding marine state property concessions: from the transitional regime of the extensions ex lege of existing concessions, adopted by the Italian legislator in the Nineties, up to the last extension of such concessions to 2033, and taking into account the European Commission’s position. The nature and multiple functions of the concessions for tourist-recreational uses are analyzed. On the basis of that analysis, the objectives and contents of necessary reform of the field are outlined, with the aim of adapting domestic law to EU competition rules. In addition to the obligation to award concessions by tender, the article highlights the need for reform to include the right to compensation of outgoing operators in such a way as to be truly equitable, satisfactory and in accordance with principles of EU law. It should also be noted that the criteria for determining license fees must be revised by introducing the principle of remuneration in order to ensure a genuinely competitive system, one which is efficient and economically sustainable for the State.

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The article discusses issues concerning the identification of a Public Administration’s certified electronic email (CEM) box, which is valid for the transmission of judicial proceedings. Firstly, we illustrate the legislation - complex, uncoordinated and unclear - regulating the delivery of judicial proceedings via the digital domicile of the P.A. Furthermore, we examine the case law – still fluctuating - which has been formed on the subject; we also indicate the hypothesis in which the notification of judicial proceedings to a CEM address other than the one provided for this purpose by the Administration is considered to be fully valid and effective, and the legal reasons for this interpretation.

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Article 6bis of Law no. 241/1990 governs the conflict of interest in exercising administrative power; however, this legal rule does not provide a definition of “procedural conflict of interest” and it does not define the nature of the procedure requiring the public servant to abstain. The present study analyses the doctrinal and jurisprudential orientations formed with regard to the aforementioned notion and attempts to identify the application area of the institute.

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