Naples – The system of "supervised access points" and mandatory reservations for the public beaches of Posillipo has come under the axe of the administrative courts. In two rulings that will reshuffle the deck for the upcoming beach season, the Campania Regional Administrative Court (TAR) has upheld the appeals filed by the "Mare Libero" association, represented by lawyer Bruno De Maria. At the heart of the dispute are the agreements between the City of Naples, the Port Authority, and private operators that, in the summer of 2025, imposed strict quotas on the Monache and Donn'Anna beaches.
The bluff of overcrowding at the Monache
Regarding the Monache beach, the Regional Administrative Court (TAR) refuted the Municipality's argument that the 480-entry limit was justified on safety grounds. According to the magistrates, the historical data held by Palazzo San Giacomo contradicts the emergency situation: over the past two years, the average number of visitors has been 355, well below the critical threshold.
Overcrowding was recorded only on weekends in July, a fact that the judges say does not justify "locking down" the beach for the entire season. The ruling states that restrictions can only be implemented through targeted measures for individual days of exceptional attendance, and not as a general rule that limits citizens' freedom.
Donn'Anna: Miscalculations and "Private Beach" Criteria
The censure was even more severe on Donn'Anna beach, where the limit was set at just 60 people. The Regional Administrative Court (TAR) found a fundamental error in the capacity calculation: the municipality applied the same minimum distances required for umbrellas at licensed establishments. This was a logical distortion, according to the judges, since on a public beach, not all bathers use bulky equipment. Capacity, the ruling emphasizes, must be calculated exclusively on safety and security, not on commercial parameters adopted from neighboring beaches.
The issue of timetables and access
The latest blow to the administration concerns the 5:30 pm "curfew." Until last summer, public beaches closed at the same time as private lidos, which provided access to public beaches. This practice, previously rejected in a preliminary ruling, has now been confirmed on the merits: access to public property cannot be restricted by concessionaires' opening hours.
While we wait for the Port Authority to complete the tenders for the new concessions, the TAR ruling establishes a clear principle: the right to the sea cannot be sacrificed on the altar of bureaucratic management that, in effect, favors the limitation of public spaces.
Source EDITORIAL TEAM
Comments (1)
The article discusses a Regional Administrative Court (TAR) decision that overturned some beach restrictions. It appears the municipality miscalculated and the rules were unfair. It's important for citizens to have free access to the sea.