Constitutional Court and port tariffs: towards the final outcome of the so-called "tariff conflict"

Abstract

The history of the ports of general interest can be summarized with one very concrete goal: to make the state port system self-sufficent. Obviously, this goal has influenced the shape of one of the main sources of funding for the state ports, charges for services, and, throughout history, have been shaping its legal nature on several occasions. This paper offers a concise overview of the various formulas that have been successively tested. It highlights in particular how, from the standpoint of constitutional doctrine relating to the public economic benefits has developed as a result of the aforementioned formulas. This paper also places particular emphasis on solutions arbitrated by the Port Administration to deal with the consequences of the conflict, and how these have been failing repeatedly.