Tourism Law in Europe

9 and management. All this in the context of the definition of tourism policies, therefore their coordination 29 . The relationship between periphery and centre in the discipline of tourism in Italy is not always easy, as, not infrequently, legislative powers of State / Regions intersect to the point of making it difficult to identify the border within which they can respectively legislate 30 . Since 2001, in fact, following the reform of Article 117 of the Italian Constitution, Regions have exclusive legislative competence in tourism matters. But, despite this, often the State has equally intervened 31 , justified, either by the prevalence of civil matters (of its exclusive competence) over tourism, or, justified by the Constitutional Court which deemed necessary the State work in order to "better enhance tourism on an economic level" 32 . 29 Following the reform of Title V of the Italian Constitution of 2001, art. 117 attributes absolute legislative competence to the Regions in tourism matters. However, since tourism law is partly of a publicistic matrix, partly of a private nature, this has created quite a few questions in terms of competences, considering that legislating in matters of civil law belongs exclusively to the State. On the theme of regional competence in tourism, see, among others, F. Morandi, L’organizzazione turistica regionale a tre anni dalla legge quadro (The regional tourism organization three years after the framework law) , in Riv. tur., 2004, p. 51; M. Malo & C. Colaluca, Il turismo nella Costituzione e Competenze normative e fonti (Tourism in the Constitution and Regulatory competences and sources) , in V. Franceschelli & F. Morandi (ed.), Diritto del turismo (Tourism law) , p. 5 et seq . 30 Among all, for an analysis of the division of State - Regions powers following the reform of Title V of the Constitution in 2001, see: S. Musolino, I rapporti Stato-Regioni nel nuovo Titolo V, alla luce dell’interpretazione della Corte Costituzionale (State-Regions relations in the new Title V, in the light of the interpretation of the Constitutional Court) , in F. Caringelli & G. De Marzo (ed.), La legislazione regionale (Regional legislation) , Milan, 2007. In the field of tourism: C. Tubertini, Il turismo tra Stato, Regioni ed Enti locali: alla ricerca di un difficile equilibrio delle competenze (Tourism between State, Regions and Local Bodies: in search of a difficult balance of skills) , in M. Gola & T. Groppi (ed.) , Diritto pubblico del turismo (Public tourism law) , Milan, 2007. 31 The case of the Tourism Code, d. lgs. 23 May 2001, n. 79, censured by the Constitutional Court with sentence no. 80 of 2012. See M. Malo – C. Colaluca, cit., p. 40. See also: F.S. Marini & C. Giunta, Turismo, in G. Guzzetta, F.S. Marini & D. Morana (ed.), Le materie di competenza regionale, commentario (Matters of regional competence, commentary) , Neaples, 2015. 32 Thus Constitutional Court sent. 88 of 2007. The Court goes on to state that "From some decisions of this Court (judgments nos. 214 and 90 of 2006 and n. 197 of 2003) it can be deduced that the need for a unitary intervention by the state legislator arises from the need to making the most of tourism activity on an internal and international economic level, through measures of various and complex nature ... This Court has repeatedly stated in this regard that, when there is a need for a unitary exercise at the state level of certain administrative functions, the State is authorized to regulate this exercise by law, even if those same functions are attributable to concurrent or residual legislation. In this case, the principles of subsidiarity and adequacy, by virtue of which the rise of the regulatory function from the regional to the state level occurs, coexist with the normal division of competences contained in Title V of the Constitution and can justify a derogation. Provided, of course, that the assessment of public interest underlying the assumption of regional functions by the State is proportionate, assisted by reasonableness in the same way as a strict constitutionality scrutiny and the involvement of the Region concerned is envisaged (judgments n.383, n. 285, n. 270 and n. 242 of 2005, n. 6 of 2004, n. 303 of 2003)".