LAW 190 OF 13 DECEMBER 2023 ON TOURIST GUIDES 2. THE INTERNAL REGULATORY FRAMEWORK BEFORE LAW 190/2023 Until 2001, the year of the constitutional reform, tourism fell under the jurisdiction of concurrent legislative authority between the State and Regions, with regional administrative competence. The system in place until 2001 facilitated the legislative relationship between the State and Regions since their establishment5, allowing the State, through framework laws, to provide guidance for regional efforts. The longstanding reference for state regulation was the framework law on tourism, Law No. 217/19836. With the aim of organizing the tourism sector, which was previously governed by regional laws without the necessary guidance from the state, this law provided a useful general framework. Article 11 of Law 217/1983 identified a list of tourist professions (some already existing in regional laws, others introduced anew), delegating to the Regions the task of determining the requirements for carrying out the specified professional roles and "any other profession related to tourism." Based on this provision, the Regions introduced and regulated additional professional roles beyond those outlined in the state law. Article 11 of Law 217/83 defined a guide as someone who, by profession, accompanies individuals or groups to visits and works of art, museums, galleries, archaeological sites, providing explanations about historical, artistic, monumental, landscape, and natural attractions. As the constitutional distribution of competencies was relatively clear until then, there were no particular disciplinary difficulties, except regarding coordination with emerging European Union regulations. Starting from 2001, despite article 117 of the Constitution granted full legislative competence to the Regions for all matters, including tourism, not explicitly listed in paragraphs 2 and 3, and which are exclusively or concurrently state matters. But, considering the cross-cutting nature of tourism regulation that pertains to both public and private law (solely under state jurisdiction), numerous issues have been submitted to the Constitutional Court for violations of the competence distribution outlined in the amended article 117. 5 The institution of Regions was established with the delegated decrees of 1972 and with the Presidential Decree no. 616/1977. See, F. Gabriele, Regionalism between crisis and constitutional reforms (Il regionalismo tra crisi e riforme costituzionali), in Rivista AIC, n. 4/2014. 6 Framework law on tourism of 17 March 1983, n. 217.
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