IJTTHL1/2025

was established in the belief that the tourism sector could be a pillar of the Italian economy, while the General Directorate of Tourism was abolished. In 2009, the new departmental structure was reorganized and was expressly contemplated by the new discipline of ordering the general structures of the Presidency of the Council, only to be, once again, in 2012, abolished in favor of a special Office for Tourism Policy in the new Department for Regional Affairs, Tourism and Sports, and to be, as if that were not enough, again devolved to the Ministry of Cultural Heritage and Activities. But the story does not end there. In fact, the then renamed Directorate General of Tourism was replaced by a departmental structure in the Ministry of Agricultural Food and Forestry Policy, which at that point assumed the name Ministry of Agricultural Food, Forestry and Tourism Policy, within which the new Department of Tourism was hinged. Except, having also taken a bit of a liking to the change, yet another came in 2019, namely the one that ordered the abolition of the newly established Department of Tourism to facilitate the return of its functions to the Ministry of Cultural Heritage and Activities, which restored the Directorate General of Tourism within it. It was not until 2021, a full 27 years after the first Directorate General of Tourism and Entertainment, that a separate Ministry of Tourism was established, moreover with its own portfolio.63 Regions and later local governments, in fact, in the aftermath of the 1993 repeal referendum had acquired most of the competence in tourism since 1997. Since 2001, with the reform of Title V of the Constitution first and, above all, with Framework Law 135/2001, known as the Reform of National Tourism Legislation, and Legislative Decree 79 of 2011, so-called. Tourism Code, the regions had been assigned exclusive competence in tourism matters even though between the function of the regions and that of the state, despite the two reforms mentioned above, a certain amount of conflict remained given that the state retained some fundamental competencies that were lato sensu privatist-from the regulation of businesses, to taxation and tourism professions; consumer protection; freedom of movement and expatriation; health and physical wellbeing; protection of cultural and scenic heritage; and environmental protection - the impact of which on the exclusive competence of the regions could certainly not, in substance, be denied. 63 On such reconstructive issues and the reasons for certain choices related to the delayed full recognition of the Ministry of Tourism, see for all L. Casini, A cultural heritage without borders? in Aedon 2018. 180 FRANCESCO GASPARI | LUIGI CAMERIERO

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