LAW 190 OF 13 DECEMBER 2023 ON TOURIST GUIDES The solution proposed by article 7 seems to resolve the issue of the balance between liberalization of professions and protection of historical and cultural heritage44, shifting the choice between a generalist guide and a specialized guide to the market and the customer. In essence, it will be the users, tour operators, and organizers in general who will decide whether, for a given territory or a specific theme to be presented to the public, a specialized guide or a licensed but not specialized guide is preferable. Specialization becomes an added value that will have commercial significance, as well as providing greater protection for the illustrated heritage. Enrolling in special sections of the list will certainly give guides an initial competitive advantage, but their performance will be truly judged in the field. It is in the field, in fact, that they will consolidate or nullify the initial competency advantage It is a solution that attempts to reconcile the difficulty of illustrating a country as rich as ours, whose heritage is difficult to know in its entirety, and the need to allow guides to circulate. A homogeneous minimum level of competencies is established through national qualification, and operators are free to deepen their knowledge through specializations. The law thus puts an end to the issue of identifying special sites, solving it not only legally, with the repeal of paragraph 3 of Article 3 of Law No. 97 of August 6, 2013, but also practically, making the choice for both the professional to specialize and for the user to opt for a specialized subject45. Article 6 of Law 190/23 also addresses the issue of foreign guides, whether European or non-European. In paragraph 1, it establishes that citizens of the European Union, of a state belonging to the European Economic Area or Switzerland, qualified to practice the profession of tourist guide in accordance with the regulations of another Member State of the Union, or the European Economic Area or Switzerland, are entitled to carry out their activity in Italy: on a temporary and occasional basis, in the framework of the free provision of services, or permanently following the 44 D. Diverio, The delicate balance of values in the European regulation of 'commercial communications. (Il delicato bilanciamento di valori nella disciplina europea delle “comunicazioni commerciali”), in Studi sull’integr. Eur., 2014, 279 ss.; G. Caggiano, The balance between the free movement of production factors and the imperative needs of Member States in 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. 45 The choice has recently been criticized by some professional associations. Michela Mura, president of ARGTS (Professional Association of Tourist Guides of Sardinia), stated: 'The situation is quite complicated, from several points of view. We need new guides specialized in the regional territory, who know foreign languages other than English, and Law 190/2023 is not an answer in this sense”, www.nemesismagazine.it
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