DISAPPLICAZIONE DELLA PROROGA DELLE CONCESSIONI BALNEARI E RESPONSABILITÀ PENALE

The paper evaluates the impact in the criminal field of the non-application of the ex lege prorogations of the marine concessions due to the conflict with the European Union law, examining the most recent jurisprudence of the Court of Cassation. On the basis of the various positions expressed by the Court, it is also discussed the role that the principle of legality, as stated by the Charter of the Rights of the European Union and by the Italian Constitution, could play in preventing criminal prosecution of operators in good faith. It is finally suggested that the issue should be addressed by the Italian Constitutional Court by way of preliminary reference to the Court of Justice of the European Union.