INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW become necessary to enact a new national law that should finally put an end to the convoluted disciplinary system that has been in place until now. Tourist guides are among the first professions in the tourism sector, as evidenced by the presence of an ancient discipline, the law of December 23, 1888, no. 5888, which regulated "itinerant trades," subjecting them to police supervision and registration in a particular registry after passing a judgment of moral reliability and technical suitability, subject to the former2. Until now, however, tourist professions, and consequently guides, have been subjected to a poorly coordinated and sometimes laconic regulation, further complicated by the reform of Title V of the Italian Constitution in October 20013. The long-awaited reform law4 therefore, fits into a very complex context that cannot be ignored to understand its value. It is considered necessary, therefore, to briefly review some points of legislation regarding guides and tourist professions. 2 On the regulation of tourist guides, see, among others: M. La Torre, The Role of the Tourist Guide in Understanding the Territory: Civil Law Aspects (Il ruolo della guida turistica per la conoscenza del territorio. Profili civilistici), in Riv. it. dir. tur.,2011, n. 3, p. 8 and seq., L.Righi, Tourism Professions (Professioni turistiche), in Dig., disc. pubbl., vol. XII, p. 12 ss.; M. Malo, Tourism and professions (Turismo e professioni), in Le reg., 2006, p. 555 ss. 3 Constitutional law 18 October 2001, n. 3. About it, see among others L. Grimaldi, Regional legislative power regarding tourism in the Constitution (before and after 2001), in constitutional jurisprudence and in the “Renzi-Boschi” reform project (La potestà legislativa regionale in materia di turismo nella Costituzione (prima e dopo il 2001), nella giurisprudenza costituzionale e nel progetto di riforma “Renzi-Boschi”), in www.dirittifondamentali.it, n.1/2015; E. Bindi-M. Mancini, Constitutional principles regarding professions and possible contents of state and regional legislative competence in light of the Title V reform (Principi costituzionali in materia di professioni e possibili contenuti della competenza legislativa statale e regionale alla luce della riforma del Titolo V), in Le Regioni, 2005, 1317 and seq. 4 Valeria Gerli, president of Confguide, the National Federation of tourist guides of Confcommercio: "A long process that lasted ten years is finally coming to an end... an absolutely necessary law to combat illegal activity, guarantee work for the category, give access to the profession to new, legitimate tourist guides". See also Council of State on the lack of regulation at state level: "The result is an overall structure that excludes regional legislative competence in matters of qualification for the profession of tourist guide, without the condition of inertia of the state legislator being able to validly oppose it, which, as underlined by the same appealed sentence, "it does not appear possible to remedy this at a regional (and provincial) level, also due to the interference with the matter of "competition", which falls under exclusive state competence"". (Council of State, Section V, Sentence no. 5213/2020 of 26-8-2020).
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