Sustainable Tourism Law

Toward a regional sustainable tourism Sara d’Urso Università di Milano Bicocca I. Preliminary remarks – II. Outline of sustainable tourism – III. The intervention of the regions – IV. Final considerations I. PRELIMINARY REMARKS In the last decade, a regulatory review process of the main Regional laws on tourism has started in Italy. As it is known, the legislative and administrative competence for tourism has been attributed to the regions since the first of January 1948, when the Italian Constitution entered into force. If, before the constitutional reform of 2001 1 , it was a competing State Regions competency with a residual principle in favour of the State, following the reform the regional competence in tourism matters became exclusive, thanks to the inversion of the residual principle 2 . Therefore, once the system of skills in this new framework has been settled and some difficulties of coordination with the matters that remain with the State are overcome 3 , given tourism marked transversality, it is up to the regions the discipline of this matter. It is clear, therefore, that these institutions have been activated in the post-reform period to review their tourism laws by virtue of increased skills, thus enhancing some issues often already present in previous regulations, such as sustainability 4 and 1 Corte Cost., 5 April 2012, n.80, in Giust. civ., 2012, I, 1388, also in Riv. it. dir. tur ., 6/2012, p. 29 and following, with commentary of L. Righi. Following the reform of Title V of the Constitution (Constitutional revision law 18 October 2011, No. 3) and the consequent allocation of exclusive legislative competence to the regions in tourism, few areas remain to the State, mainly converge in the private law. For a more in-depth analysis of tourism skills, see: M. Malo – C. Colaluca, Competenze normative e fonti, in V. Franceschelli - F. Morandi (edited by), Diritto del turismo, Torino, 2017, p. 25 and following. 2 For an analysis in matters of attribution of legislative powers, see: L. Degrassi, Contributo alla definizione della materia “turismo”. Promozione e organizzazione tra governance e dirigismo regionale, in V. Franceschelli – L. De Grassi (edited by), Turismo, Diritto e Diritti, Milano, 2010, p. 87; A. Mattioni, La Regione oggi in Costituzione, in V. Franceschelli – L. De Grassi (edited by), Turismo, Diritto e Diritti, Milano, 2010, p. 3. 3 Among the others: Tourism Code, D. lgs, 23 May 2011, n. 79, declared unconstitutional for many of its provisions by the Corte Costituzionale, sent. n. 80 2012. 4 Among others, the Lombard region law n. 2, 19 July 2007; Piedmont l.r. n.4, 24 January 2000.