Protection and enhancement of public goods, especially the maritime public domain

Abstract

The protection and enhancement of public goods is an ancient but always relevant issue in the Italian legal system, as its various types foresee a differentiated framework and management entrusted to different bodies. The first part of this work, therefore, analyzes issues related to the distinction between public goods, their differentiated legal regime, and the associated judicial protection. The second part examines the regulation of the use of the State's maritime public domain for tourism and bathing purposes, which is a highly controversial issue, as the concession of these assets to concessionaires has never been conducted through public tender, as now required by the European Union competition rules. The conflict between the national and European legal systems has led to contradictory rulings and sparked a debate that has yet to be fully concluded.