The obligations for administrative authorities in light of the relationship between national and EU law

On 20 April 2023 (Comune di Ginosa case C-348/22), the CJEU mainly upheld the legal framework regarding occupation of State-owned maritime property for tourism and recreational activities. The essay, analysing this decision, focuses on adaptation to EU Law and direct effects in vertical relations. In general, there is a persistent and radical divergence between Italian and EU law in this matter, identified by the CJEU in Promoimpresa (joined Cases 458/14 and C-67/16), by the Plenary Assembly of the Italian Council of State (judgments nn.17 and 18/2021; 2192/2023; order n.8184/2023) and by the President of the Italian Republic, who addressed a letter on the question to the Presidents of the Chamber of Deputies and Senate and the President of the Council of Ministers on 24 February 2023. A continuation of the conflict is envisaged.