Direttiva di Bolkestein: Normativa e Miglioramenti su i concessioni demaniali

The italian economic tissue is characterized by the present of small-medium run business. The big corporations, that can bear and better manage the economic crises, are a rare case in the italian context. The small-medium businesses don't have the possibility to outsource or to use financial tools like the other actor of the market. The banks are proceeding with a more caution and prudence in selecting the future debtors. The lack of liquidity has rendered even more difficult the management of those small activities. The low revenues level, high level of taxation and in the demanian case even the seasonal features of the activities make quite impossible the survivor in the market. Only last year there were registered the closure of more than 111.000 shuttles. On 17 December 2013, the Commission of Camera's balance, proposed an amendment that predicted an amnesty for the tariff payment delay. The concessionaires, who were late on paying the tariffs, should pay them in two different rates. Furthermore, and more importantly, the Commission required an reorganization of the public concession normative. The deadline fixed for the reorganization is May 2014. This was one of the main reasons of the demonstration in the square. A lot of changes has been happening in the public concession areas. Not long ago there were adopted another tariff calculation mechanism. The tariff's amount were increased more than 300% in some cases. It seemed like an unreasonable decision back then. Anyway thinking that the tariff's amount were at the lowest possible level, their increase by 300% will bring them in average european levels. After the Bolkestein directive in 2006, the european legislator has been following step by step all the development and improvement the italian government is doing. The freedom of establishment, non discrimination behavior and the guarantee of democratic open awarding process in the case of the public concession awarding have to be a priority! The italian process of awarding the public concession has presented some crucial problems. The right of insistence and the automatically renewal of the concession has been long time criticized. The italian legislation, through article 37 of Codice di Navigazione and article 10 of the law 88/2001, has exercise the automatic renewal and the preference of the ¿exit¿ concessionaire. Both of those rules have assigned advantaged position to the existent concessionaire depriving the other interested firms from the possibility to apply and perform. Obviously the several studies that have been done in the area have shown high level of inefficiency. The lack of the competitive procedure, low level of tariffs, inaccurate allocation of risks between public and private operators have make impossible the well-functioning of the sector. This is why in 2008, the European Commission have started an infringement procedure toward Italy.