International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW necessary to evaluate, in particular, the degree of satisfaction of the tourist, who represents the final product, that the tourist enterprises must produce, in order to be competitive35. It follows that initiatives that, in the field of tourism, are based on projects, that do not have an overall vision and design, risk not pursuing their objective, because they are based only on a part of the elements useful to the analysis of the tourism sector of reference, and, moreover, to collide with the interests or needs of the territory in which they operate. It follows from the foregoing that a reflection on the dynamics of the interests involved in the conduct of business activities in the field of tourism cannot be separated from a careful examination also of the preclusive function of care and protection of the heritage artistic, historical, cultural and environmental. It is, in fact, a function that, as mentioned above, represents the privileged instrument for the implementation of higher values, all the more if you think that tourism is, It is well known that this sector is characterised by the absence of a national legislator and by a lack of homogeneous regional legislation, which is perpetually lagging behind the broad consideration given to this issue in Europe. And this, without considering the growing debate on the category of “common goods”, that is the huge number of goods of historical, artistic, environmental and landscape value, of which our territory is rich. Goods that certainly represent the most functional category of any other to satisfy the primary needs of man, because their widespread ownership makes them instrumental to the effective ability to satisfy the fundamental rights and freedoms of every individual, with consequent prevalence of the social function on the title. Hence the risk that the supply of such goods may be incompatible with the pressure, sometimes disproportionate, that they are often destined to bear, so much so that it has been for more than a decade that the doctrine, which deals with studying the relationship between spatial planning and economic development, came to the conclusion that:”freedom [...] finds a limit in the alteration or use of the territory in contrast with its nature of « common good »”36. 35 Cf. C.C. COSENTINO, The economic analysis of law: Origins and importance of its application to the rules on incentives to tourism companies, in AA.VV. (edited by) F. TORCHIA, The New Frontiers of Tourism between performance, sustainability and forms of hospitality, Rome, 2017, p. 231. 36 Cf. I.M. MARINO, Territorial planning and economic development, in I.M. MARINO – S. LICCIARDELLO – A. BARONE, Milano, 2004, oggi in I.M. MARINO, Scritti giuridici, (a cura di) A. Barone, Napoli, 2015, Tomo II, 1110.