LAW 190 OF 13 DECEMBER 2023 ON TOURIST GUIDES Lazio (Tar del Lazio) and shortly thereafter the Council of State intervened, annulling both decrees31. So once again the Regions, although they have adopted new laws on tourism, have rightly not felt like taking action to start the qualification procedure, as the state guidance regulation is missing, leaving all the aspiring guides in doubt and waiting. It is therefore inevitable to state that law 190 of 2023 is part of an extremely complex internal and European legislative context influenced by the very difficult balance between conflicting interests32. 4. THE LAW N. 190 OF DECEMBER 13, 2023 Various voices rightfully call for a reform of the entire field of tourist professions, not just for guides, to "restore minimum conditions of certainty for operators and for the administrations themselves"33. Currently, the reform has been implemented, but it has only affected the field of tourist guides, which undoubtedly represents the professional sector that urgently needed intervention, given the stagnation that occurred in recent years. Law no. 190 of December 13, 2023, which regulates the profession of tourist guide, was published in the Official Gazette No. 293 on December 16, 202334. Probably susceptible to improvements, the text addresses and resolves some long-standing issues. The topics addressed, among others, mainly concern the definition of the profession, the definition of qualifying procedures, therefore the effective and concrete nationalization of guides, the fight against illegal practices, the elimination of limitations imposed by both private and public managers on certain sites, the guarantee of quality and knowledge by professionals, and the equivalence of national guides to their European counterparts. 31 Tar Lazio section II, judgments no. 2817 and no. 2831 of February 24, 2017, and Council of State VI, judgment no. 3859 of August 1, 2017. This time the administrative judge deems that the high number of identified sites disproportionately restricts the market. To conduct their activity throughout the national territory, individual guides would have had to obtain authorizations for all specific sites. 32 The European interest in the freedom of movement of professions in light of the protection of the user of such professions. In general, on the subject see G. Caggiano, The balancing act between the freedom of movement of factors of production and the imperative needs of the Member States within the internal market (Il bilanciamento tra libertà di circolazione dei fattori produttivi ed esigenze imperative degli Stati membri nel mercato interno), in Studi sull’integr. Eur., 2011, 295 ss 33 The words are by L.Righi, cit., p. 253. 34 At the time of writing, necessary implementing decrees have not yet been issued.
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