After more than ten years of substantial inertia since the “European Law of 2013”, with the declared intent of avoiding an infringement procedure by the European Commission, was said to have established the figure of the “national tourist guide”, the obligations undertaken by Italy to obtain European funds of the Next Generation EU program have given for the State legislator the decisive push to fill the “regulatory gap” that had opened up in the regu-lation of the tourist guide profession as a result of the complex and contradictory evolution of its discipline. The mere fact that we finally have a State law for the tourist guides represents in itself a huge step forward compared to the previous situation, and should lead us to see “a glass half full”. However, “the glass still needs to be filled” in order to completely assess the prospects of the new structure of the profession, which signifies Italy’s legal system’s definitive move away from viewing tourist guides as “necessarily specialized” professionals. The legisla-tor has in fact deferred choices on several sensitive and potentially contentious of tourist guide regulation, including some of those regarding the qualification exam (art. 4), the creation of the “national register of tourist guides” (art. 5 ), the definition of their “thematic and terri-torial specializations” (art. 7), the complete discipline of the control functions (art. 12), and the conditions under which the exercise of the profession by “UE guides” can be considered “temporary and occasional” and undertaken under the “right of free movement”. The fact that without them the new law can’t be effectively operational extends the current situation of uncertainty, furtherly delaying, until the decrees are issued, the sector’s revitalization and newfound stability.
La legge n. 190/2023 e la nuova disciplina della professione di guida turistica (ormai definitivamente solo) "nazionale" - II parte
luca righi
2024-01-01
Abstract
After more than ten years of substantial inertia since the “European Law of 2013”, with the declared intent of avoiding an infringement procedure by the European Commission, was said to have established the figure of the “national tourist guide”, the obligations undertaken by Italy to obtain European funds of the Next Generation EU program have given for the State legislator the decisive push to fill the “regulatory gap” that had opened up in the regu-lation of the tourist guide profession as a result of the complex and contradictory evolution of its discipline. The mere fact that we finally have a State law for the tourist guides represents in itself a huge step forward compared to the previous situation, and should lead us to see “a glass half full”. However, “the glass still needs to be filled” in order to completely assess the prospects of the new structure of the profession, which signifies Italy’s legal system’s definitive move away from viewing tourist guides as “necessarily specialized” professionals. The legisla-tor has in fact deferred choices on several sensitive and potentially contentious of tourist guide regulation, including some of those regarding the qualification exam (art. 4), the creation of the “national register of tourist guides” (art. 5 ), the definition of their “thematic and terri-torial specializations” (art. 7), the complete discipline of the control functions (art. 12), and the conditions under which the exercise of the profession by “UE guides” can be considered “temporary and occasional” and undertaken under the “right of free movement”. The fact that without them the new law can’t be effectively operational extends the current situation of uncertainty, furtherly delaying, until the decrees are issued, the sector’s revitalization and newfound stability.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
