International Journal of Tourism, Travel and Hospitality Law 1|2024

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW recognition of the professional qualification obtained in another EU Member State, or the EEA or Switzerland, subject to the integration of training through a compensatory measure under articles 22 and 23 of Legislative Decree No. 206 of November 9, 2007, consisting of completing an adaptation internship (exercising the profession for a duration of 24 months under the responsibility of a qualified professional, accompanied by additional training, subject to evaluation by the Ministry of Tourism) or passing an aptitude test in Italian. In addition to the tests, knowledge of two foreign languages, one with a level of C1 and the second with a level of B2, is required, as for internal guides. The recognition of qualifications and freedom of movement for 'European' guides is not automatic; the need for competence and professionalism guides the entire framework of the law, in compliance with and according to the principles of the European Union46. As with many other provisions of this law, in this case too, its practical application will be crucial for an assessment of the effectiveness and success of the law. In this specific case, for example, much will depend on the manner and seriousness with which the internship is conducted, as well as the quality of supervision by the qualified professional. All foreign citizens not included in those listed in Article 6(1) obtain the recognition as guides only after passing an aptitude test in the Italian language. The aptitude test consists of a written test, an oral test to assess the applicant's knowledge, as well as proficiency in two foreign languages at levels C2 and B1, exactly like internal and European guides. Compared to the qualification test for the title in Italy, only the third practical test is missing. According to paragraph 9, the Ministry of Tourism is the competent authority to rule, under Article 5 of Legislative Decree No. 206 of November 9, 2007, on applications for recognition of the professional qualification of tourist guide obtained abroad; thus, it can exercise an action of verification and supervision of the actual competence of foreign guides. Obtaining the qualification, thus registration in the lists of qualified guides, whether internal, European, or foreign, certainly represents a good point of arrival, but it does not guarantee the professional the right to operate indefinitely. With the aim of protecting and ensuring the user of the provided service, Article 7, paragraph 3 of the law provides that once 46 On freedom of movement see, B. Nascimbene, F. Rossi, Dal Pozzo (a cura di), Citizenship rights and freedom of movement in the European Union (Diritti di cittadinanza e libertà di circolazione nell’Unione europea), Padova, 2012; S. Spinaci, Freedom of movement, European citizenship, principle of equality (Libertà di circolazione, cittadinanza europea, principio di eguaglianza), Napoli, 2011.

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