International Journal of Tourism, Travel and Hospitality Law tourist guide is valid throughout the national territory. At the same time, paragraph 2 of the same article authorizes, notwithstanding what is provided for by Legislative Decree 206/2007, citizens of the European Union, enabled in another Member State, to operate under the regime of free provision of services without the need for any authorization or approval. While the question relating to sites of particular interest, previously identified and considered too high in number, remained open, in paragraph 328 the then Minister of Cultural Heritage and Activities and Tourism was instructed to identify with his own decree, after consulting the Unified Conference StateRegions, by 31 October 2014, the sites of particular historical, artistic or archaeological interest for which a specific qualification is necessary, and also the requirements for issuing. Deeming it necessary to safeguard certain sites in Italy due to their unique characteristics, as also highlighted by European bodies, the Ministerial Decree of April 7, 2015, was issued, Identification of sites of particular historical, artistic, or archaeological interest for which specific authorization is required to practice the profession of tourist guide. It outlines 3,187 sites, mostly museums, archaeological sites, churches, art galleries, and palaces in cities and smaller centres throughout Italy. Shortly thereafter, the Ministerial Decree of December 11, 2015, specified the requirements for obtaining authorization to practice the profession of tourist guide and outlined the procedure for issuing such authorization. The reaction of the Competition and Market Authority29 was immediate, according to which, given the numerous sites identified, with these decrees the provision of authorizations valid at local level was effectively re-established, in contrast with the current competition regulations. Indeed, the two decrees did not meet the requirement of a general interest connected to the protection of historical and artistic heritage, given the significantly large number of identified sites of particular interest. This time, it was not necessary to await a new infringement procedure due to the large number of identified sites, as the Administrative Court of Lazio (Tar del Lazio) and shortly thereafter the Council of State intervened, annulling both decrees30. 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 interests31. 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"32. 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, 202333. Probably susceptible to improvements, the text addresses and resolves some long-standing issues. 28 Paragraph later amended by article 11, paragraph 4, of the Legislative Decree. 83/2014, (converted into Law 106/2014). 29 Report AS, 1339 – obstacles to the practice of the profession of tourist guides in Italy, dated 21 December 2016. 30 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. 31 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 32 The words are by L.Righi, cit., p. 253. 33 At the time of writing, necessary implementing decrees have not yet been issued.
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