Tourism Law in Europe

4 That tourist development of a country passes through the presence of accommodation facilities is undeniable 12 . The presence in Italy, in addition to unique tourist destinations, also of hospitality structures has represented over time a variable of undisputable success: Grand Hotel, a destination for elite tourism, and inns, for less affluent tourism. Even today it is through capacity in terms of accommodation that tourist potential of a place is measured. But, if for years development of buildings and infrastructures has been used to increase the accommodation capacity, then new constructions have been erected, sometimes real "eco monsters", in the last decades, thanks above all to the push of community policies that aim to sustainability 13 , we have approached a tourism that takes place respecting environment. Faced with a new market and a new demand, which requires more authenticity, tourism policies have been activated with a view to development and sustainability: fewer new structures, greater recovery of what already exists 14 . New forms of hospitality have therefore appeared in the tourism market. Forms that do not necessarily require the construction of new premises, but enhance the exploitation of the existing, creating receptivity even where otherwise it could not be. Over time, Regions, thanks to article 6 of the framework law on tourism, law 17 May 1983, n. 217, which provided that they could freely introduce and regulate new forms of accommodation, have included accommodation types for the benefit of sustainability and landscape bathing establishments, infrastructures and businesses, including those of administration that are part of local tourist systems, competing in the formation of the tourist offer ". 12 Also the framework law 217/83 in article 8 introduces the destination constraint, to allocate as definitively as possible some properties to accommodation. Art. 8 paragraph 1: For the purposes of conservation and protection of the hospitality heritage, as it meets the purposes of public interest and social utility, the regions, with specific laws, subject the accommodation facilities indicated in article 6 to destination restrictions, also in accordance with the indications deriving from the acts of regional planning. Rural lodgings, lodgings managed by landlords and holiday homes and apartments are excluded from the constraint . 13 Already the law 135 of 2001 in article 2 lett. C) makes a first reference to sustainability and sustainable tourism. 14 With Government Act no. 372 of 17/2/2017, the 2017-22 Strategic Tourism Development Plan (PST) was approved. All the institutions involved participated in the drafting and between them industry operators, in line with the recommendations of the OECD. The main purpose of the Plan is to revive Italy's tourist attractiveness, inspired by three transversal principles: sustainability (environmental; mobility; full use of heritage; enhancement of identities), innovation (of the organizational process and of the product, with particular emphasis on digitization) and accessibility (methods of access to places and the possibility of tourist use). Banca d’Italia, Turismo in Italia. Numeri e potenziale di sviluppo (Tourism in Italy. Numbers and development potential) , December 2018, n.23, p. 94 and p.100.