As you know the government is committed, even in accordance with European Union directives, to track the regulatory framework of professional activities in order to adapt the law to the new economic and social reality. In parallel
in the tourism sector, alongside the traditional figures of the guide and the companion, there are new activities in the discipline, in the absence of state intervention, is made by the regions that have no title for it as has been repeatedly stated by the Constitutional Court, the last sentence no 132, 2010.
The problem is relevant to the economic importance and to characterize the sector, and it is severe that the tourism industry, even the older ones, are at present no legislation to the detriment of the operating system.
level Central, in fact, the DPR 27 April 2004, annulled the Art. 7 of the new law on tourism No 135 of 2001 and the subsequent Agreement State / Regional September 13, 2002, in so far as defining the professions in the tourism and defers to their regulatory regions.
The Council of State, Art. 7 does not take into account that the performance of professionals is not addressed exclusively to tourists, but the generality of the society. The Council then addressed the Government's invitation to create national registers in order to provide the necessary dignity to the operators and qualify the market.
This need was also represented by the European Parliament Resolution B5-0430, 043 and 0432/2003, where we read that the characteristics of professional services require adequate regulation that provides end users with any guarantee of technical expertise and reliability. How
regional standards, the Constitutional Court (Case 405/05) to declare unlawful the Law 50-2004, Tuscany, on the intellectual professions, felt that it is reserved to the State legislation on admission requirements and the establishment of registers and management of professional associations to which the regions can only regulate the activities under the provisions of by national bodies, such as orders and Colleges.
It follows that all regional regulations currently in conflict with this principle, are be considered void.
We have confirmed in the Constitutional Court No 271, October 19, 2009, which declared the illegality of certain rules of Emilia-Romagna, May 27, 2008, on the regulation of entertainment activities and tour.
The Court reiterated that the responsibility of the state of professional profiles and the identification of requirements for its exercise. This is true even for the jobs in tourism. Indeed, the Panel points out, already the sentence 222, 2008, ruled that the allocation of trades to the jurisdiction of the State, irrespective of the sector in which the professional activity is expressed and corresponds to the need for uniform regulation at national level that is consistent with the principles of Community law.
Finally, by decision 132 of 12 April 2010, the Court annulled the law for illegality of the Puglia Region December 19, 2008, No 37, entitled "Rules of professional tourist."
The region had provided for the creation of three figures: the interpreter of tourism, the conference operator and tourist guide-sports.
These activities are not regulated by state legislation in force and can not be governed by the region since the establishment of a professional register and predicting conditions for entry to it, are closed to the jurisdiction of local bodies.
It 's the sixth ruling that highlights the absence of the rule since 2004 and the rules of the Regions, among other things, impose arbitrarily the number of participants, delimit the scope of practice as a part of the territory, not provide a uniformity of training and have no fixed timetable for the authorization to carry.
It 'clear that this situation is detrimental to tourism. In
reorder the professional activities should not be forgotten sector: the problem could be addressed along with other professions, namely extending the scheme of the Law on Tourism Brambilla mountain that the Minister has recently launched.
would be appropriate to extend the scheme to other professions, not forgetting the guide and the hotel manager, so that, on the basis of information provided by the State Council and the Constitutional Court gives a complete discipline, creating orders and drawing lines useful for the further, any legislation by the regions
Published on Training and Employment in tourism
April 23, 2010
Antonio Sereno
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