INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW by citizens of the European Union (EU Pilot Case 4277/12/MARK), is established the principle according to which the qualification for the profession of tourist guide is valid throughout the national territory. At the same time, paragraph 2 of the same article authorizes, notwithstanding what is provided for by Legislative Decree 206/2007, citizens of the European Union, enabled in another Member State, to operate under the regime of free provision of services without the need for any authorization or approval. While the question relating to sites of particular interest, previously identified and considered too high in number, remained open, in paragraph 329 the then Minister of Cultural Heritage and Activities and Tourism was instructed to identify with his own decree, after consulting the Unified Conference State-Regions, by 31 October 2014, the sites of particular historical, artistic or archaeological interest for which a specific qualification is necessary, and also the requirements for issuing. Deeming it necessary to safeguard certain sites in Italy due to their unique characteristics, as also highlighted by European bodies, the Ministerial Decree of April 7, 2015, was issued, Identification of sites of particular historical, artistic, or archaeological interest for which specific authorization is required to practice the profession of tourist guide. It outlines 3,187 sites, mostly museums, archaeological sites, churches, art galleries, and palaces in cities and smaller centres throughout Italy. Shortly thereafter, the Ministerial Decree of December 11, 2015, specified the requirements for obtaining authorization to practice the profession of tourist guide and outlined the procedure for issuing such authorization. The reaction of the Competition and Market Authority30 was immediate, according to which, given the numerous sites identified, with these decrees the provision of authorizations valid at local level was effectively reestablished, in contrast with the current competition regulations. Indeed, the two decrees did not meet the requirement of a general interest connected to the protection of historical and artistic heritage, given the significantly large number of identified sites of particular interest. This time, it was not necessary to await a new infringement procedure due to the large number of identified sites, as the Administrative Court of activity within the legal system of another Member State operate under the regime of free provision of services without the need for any authorization or approval, whether general or specific. 3.By Decree of the Minister for Cultural Heritage and Activities, heard by the Unified Conference, to be adopted within ninety days from the entry into force of this law, sites of particular historical, artistic, or archaeological interest requiring specific authorization are identified". 29 Paragraph later amended by article 11, paragraph 4, of the Legislative Decree. 83/2014, (converted into Law 106/2014). 30 Report AS, 1339 – obstacles to the practice of the profession of tourist guides in Italy, dated 21 December 2016.
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