L’incerta natura giuridica delle concessioni demaniali marittime: verso l’erosione della categoria

The story of state-owned concessions is emblematic of the evolutionary path of the category of concessions. The affirmation of the principle of public tender leads to some reflections on the legal framework of concessions. These cases cannot be included among the contracts, even if they come close to them. Therefore it seems preferable, in order to maintain the administrative nature, the classification within the public agreements. The fact remains that European law is leading to a gradual erosion of the classic category of concessions in favor of their progressive “contractualisation”.