INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW Like tourism in general, the field of tourist professions has not been able to escape this confusion either. First of all, in fact, it was necessary to clarify whether the object of the regulation was "tourism" or "professions", since the prevalence of one or the other would have significantly changed the outcome regarding competencies. The Constitutional Court addressed this issue in judgment 222 of 2008, regarding the constitutionality of article 10, paragraph 4, of Legislative Decree 7/2007 (Law 40/2007) 7, which was later repealed by the tourism Code. The Court ruled that regardless of the sector in which a particular profession operates, the determination of the fundamental principles of its discipline always falls within the competence of the State, exercising its concurrent powers under Article 117, third paragraph of the Constitution8. The Court further established that the challenged provision was consistent with the principles outlined in Legislative Decree of February 2, 2006, n. 309, which delineates the respective roles of the State and Regions regarding the regulation of a professional activity. These principles affirm that regional legislative authority is exercised over the professions identified and defined by state law. In a subsequent ruling, n. 271 of 2009, the Court further affirmed that in matters of professions, it is the responsibility of the State to identify professional profiles and establish the necessary requirements for their practice10. Therefore, it is a concurrent matter between the State and Regions, with the broader category of professions prevailing over the 7 Legislative Decree 31 January 2007, n. 7, Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities. 8 The court states "that, regardless of the sector in which a specific profession operates, the determination of the fundamental principles of its discipline always falls within the competence of the State, exercising its concurrent powers, pursuant to Article 117, third paragraph, of the Constitution". The attribution of the matter of "professions" to the concurrent competence of the State, provided for by the aforementioned constitutional provision, is independent of the sector in which the professional activity is carried out and corresponds to the need for uniform regulations on a national level that are coherent also with the principles of community law. In the case in question, the contested provision regulates aspects that are specific to the exercise of a specific professional activity, the impact of which in the tourism field is irrelevant for the purposes of the division of responsibilities outlined by the art. 117 of the Constitution". 9 Legislative decree 2 February 2006, n. 30, Recognition of the fundamental principles regarding professions, pursuant to article 1 of law 5 June 2003, n. 131. 10 See Corte Cost. dec. 29/10/2009 n.271, regarding the law of Emilia-Romagna, it states that "the allocation of the subject of 'professions' to the competence of the State [...] disregards the sector in which the professional activity operates and corresponds to the need for uniform regulation at the national level that is also consistent with the principles of the European legal system."
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