Tourism Law in Europe

2 The functions of the Authority are expressly laid out in the law, including: (i) to promote Malta as a tourist industry, (ii) to issue licenses, and to advise government with regard to the tourism industry. The Law further sets up an Enforcement Directorate and a Tourism Appeals Board. The latter is presided by a lawyer and two members who have experience in the travel and tourism industry. The Members of the Board are appointed by the Prime Minister. The jurisdiction of the Tourism Appeal Board is to hear and determine all appeals by any person aggrieved by a decision taken by the Authority with regard to licensing, particularly if a licence has not been issued, has been withdrawn, revoked or certain limitations have been imposed. Appeals could also be submitted “ on any matter concerning the classification or reclassification of tourism operations and the enforcement control. ” 4 The decisions of the Appeal Board would be final except if the appellant would like to appeal to the Inferior Courts (presided by one Judge) on points of law. As each tourism operation under the Tourism Authority requires a license, the law provides the criteria for such licensing, particularly for: (a) the accommodation and catering establishments; including Host Family Accommodation Regulations; (b) incoming tourism agencies, travel agencies and destination management companies; (c) Organised Excursions; and (d) Tourist guides. It is interesting to point out that all licenses are issued once the licence holder shows that one has experience in the field, and that one is of good character and is fit and proper to be granted a licence in relation to the tourism business operation 5 . 4 Article 14(1)(b). 5 For example, article 33(a) of Chapter 409 for a person organising excursions, and article 37 for a tourist guide.