Tourism Law in Europe

the principle of primacy that, in tourism matters, is exercised by the State when the public interest must be regulated by its supra regional nature. The Code consists of 74 articles, subdivided into seven titles 15 . The Code was challenged in an appeal for unconstitutionality before the Italian Constitutional Court by several regions, with the goal of defending their local autonomy. In Judgment no. 80 of 2012 ( Codice della regulations statale in tema di ordinamento e mercato del turismo, a norma dell’articolo 14 della legge 28 novembre 2005, n.246, nonché attuazione della Direttiva 2008/122/CE, relativa ai contratti di multiproprietà, contratti relativi ai prodotti per le vacanze di lungo termine, contratti di rivendita e di scambio ), the Constitutional Court considers that the constitutional text does not prevent the State from regulating those matters that, without being strictly linked to tourism, do find a connection with these matters. Consequently, and according to what we are seeing in the analysed legal systems, the Italian case is certainly original: the state is organised territorially in regions, which receive jurisdiction over tourism. However, there is framework state legislation that conditions and sets limits to the regional regulatory authority. By applying this model, the Italian system ensures homogeneity in the regulation of tourist institutions, making regional autonomy compatible with legal certainty and normative harmonisation. Of the four cases analysed, Spain is in the most disadvantageous position because the tourism regulation rests exclusively on territorial autonomy. A common regulatory framework that guarantees a minimum homogeneity throughout the state territory is absent. Instead, even in a regional state like Italy, there is a Tourism Code. At the very 15 Title I explains and justifies the state competition in tourism. Title 2 regulates the tourist professions combining the principles of liberation and opening of the market with the safeguarding of the specific tourist professionalism. In Title III, it reorders and adapts the discipline on the subject of receptive structure, providing its general definition. In Title IV, it is entirely occupied by the discipline of Travel Agencies. Title V provides the typology of tourist products, identifying the relative circuits of excellence with the aim of encouraging the promotion of specific sectors 428. In Title VI, it is aimed at disciplining, integrating and modifying the provisions of the Consumer Code that are simultaneously repealed from the discipline of the tourism contract. Finally, Title VII provides for the reorganisation of the public bodies operating in the tourism sector, in the perspective of promoting greater synergy. For a more exhaustive analysis of the Code, vid . CANTOS MARTÍN, R. “Administrative intervention in tourism and the impact of its regulations on tourism policies: a joint vision of the Spanish and Italian regulations”, available in https://hera.ugr.es/tesisugr/24586420.pdf.