ISSN 2184-8793 ISSNe 2975-9056 The topics addressed, among others, mainly concern the definition of the profession, the definition of qualifying procedures, therefore the effective and concrete nationalization of guides, the fight against illegal practices, the elimination of limitations imposed by both private and public managers on certain sites, the guarantee of quality and knowledge by professionals, and the equivalence of national guides to their European counterparts. In Article 2, the law defines a professional only as someone who has obtained the title of guide, as prescribed by the law in Articles 4 and 6. The novelty introduced is in paragraph 2, where it specifies the activities inherent to the profession of a tourist guide, expanding upon the legal definitions previously established. This, in fact, illustrates and interprets the material and intangible assets34 that constitute the Italian historical, cultural, museum, religious, architectural, artistic, archaeological, and monumental heritage, also in correlation with the demo-ethno-anthropological, landscape, production and food and wine contexts that characterize territorial. The legislator has, therefore, included, as the subject of illustration and interpretation by guides, both tangible and intangible assets, consistently with what has also been done regarding the protection of heritage in the Code of cultural heritage. Guides are not limited to illustrating objects; they must contextualize them at the demo-ethno-anthropological, landscape, productive, and gastronomic levels. Therefore, it seems that within the category of guides, other professional figures may be encompassed, including some that had been identified and regulated by the Regions without having the authority, and thus have been repealed (for example, environmental guides). Indeed, paragraph 3 letter a) states that the guided tour aims to highlight the characteristics, aspects, and values, historical, artistic, archaeological, monumental, religious, demo-ethno-anthropological, and landscape-related, of the national heritage. This is achieved through experiential multisensory paths that enable a deeper understanding of traditions, heritage, and other elements of local identity: a comprehensive experience. It further adds in letter b) that the guide also aims to enhance, protect, and transmit the correct and updated knowledge of the heritage, recognizing its fragility that needs to be preserved. This preservation is achieved through the awareness of visitors, who need to be educated to respect and conservation of the heritage. Letter b) attributes to the guide, in addition to an informative role an educational one, aiming to teach to respect the heritage and recognize its fragility, in order to contribute to its conservation so that posterity can also enjoy it. The new nationalized guide is, therefore, considered as such when possessing a comprehensive expertise and, consistently, when also assuming an additional educational-protective role. This includes ensuring accessibility to sites for everyone, particularly for individuals with disabilities. In this perspective of professionalizing the service35, it is essential to have the stipulation of an insurance 34 The UNESCO Conventions for the safeguarding of intangible cultural heritage and for the protection and promotion of cultural diversity, adopted in Paris on November 3, 2003, and October 20, 2005, respectively, introduce and recognize the concept of intangible cultural heritage. Article 2 of the Convention provides the definition of intangible cultural heritage: “The term "intangible cultural heritage" refers to practices, representations, expressions, knowledge, and skills – as well as the instruments, objects, artifacts, and cultural spaces associated with them – that communities, groups, and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by the communities and groups involved in accordance with their environment, their interaction with nature, and their history. It provides them with a sense of identity and continuity, promoting respect for cultural diversity and human creativity”. Following the introduction of Article 7bis of the Cultural Heritage Code, “expressions of collective cultural identity covered by the UNESCO Conventions for the safeguarding of intangible cultural heritage and for the protection and promotion of cultural diversity, adopted in Paris on November 3, 2003, and October 20, 2005, are subject to the provisions of this code if they are represented by material evidence, and the prerequisites and conditions for the applicability of Article 10 are met. Intangible assets can be attributed to the cultural heritage under certain conditions”. See about it: L. Tarasco, Diversity and immateriality of cultural heritage in international and comparative law: analysis of an (increasingly only) Italian gap (Diversità e immaterialità del patrimonio culturale nel diritto internazionale e comparato: analisi di una lacuna (sempre più solo) italiana), in Foro amministrativo – Consiglio di Stato, n. 7-8, 2008, pp. 2261-2287; L. Casini, Beyond the legal mythology of cultural heritage (Oltre la mitologia giuridica dei beni culturali), in Aedon, rivista di arti e diritto on line, n. 1-2, 2012 (http://www.aedon.mulino.it/). 35 As further evidence of the identification of a new professional figure, Article 8 of Law 190/23 establishes that ISTAT (Italian National Institute of Statistics) defines a specific classification of activities related to the profession of tourist guide
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