The issue of landscape protection in ports: a critical issue still unresolved

Abstract

Landscape protection in maritime ports represents one of the most complex Gordian knots in contemporary Italian port law. The intersection between infrastructure development needs, economic competitiveness of ports, and protection of coastal landscape heritage generates a regulatory and operational conflict that, despite numerous legislative and jurisprudential interventions, remains substantially unresolved. This work critically analyzes the state of the art of landscape protection in port areas, highlighting the main regulatory and procedural criticalities arising from the overlap between the general regime of the Cultural Heritage Code (legislative decree no. 42/2004) and special port regulations. Particular attention is given to recent jurisprudential developments regarding horizontal tacit consent and simplification mechanisms introduced for Special Economic Zones. The analysis shows how emerging challenges - energy transition, digitalization, climate change - make overcoming the current regulatory fragmentation even more urgent. The research examines solutions adopted in other European and extra-European legal systems, proposing a range of reform options ranging from establishing a special Superintendency dedicated to ports to extending ZES procedural mechanisms to the entire national port system. The conclusions emphasize the need for a cultural paradigm shift that overcomes the opposition between protection and development, embracing an integrated vision that considers landscape quality as an essential component of port competitiveness