Sustainable Tourism Law

152 SUSTAINABLE TOURISM LAW market participants, as the new beating heart of the economy, must not lead to the mistaken belief that the market can be independent of any State control. In this regard, the words of Pietro Onida appear to be stimulating, and he also loved to reassert them in terms of the company organization: “trust in people must not give up controls, checks also intended as a search for truth useful to assiduous knowledge of the management progress in its various aspects”, in order to make entrepreneurial governance more effective ” 36 . In this context, it is essential to reflect on the stipulations of art. 41 of the Italian Constitution, which provides : “private economic initiative is free. It cannot be carried out in contrast with social utility or in such a way as to damage safety, freedom and human dignity. The law determines appropriate programs and controls so that public and private economic activity can be directed and coordinated for social purposes”. A normative provision contains three important principles: the first paragraph affirms the principle of freedom of private economic initiative; the second identifies the limitations to which this initiative is subjected; the third establishes the methods of public intervention necessary for economic activity to be directed and coordinated. This regulation is the result of a compromise, reached by the three great ideological currents that faced each other in the Constituent Assembly, on the necessary coexistence of private economic activity and direct public intervention in the economy. The first paragraph of article 41 recognizes an inviolable right to power of the market economy, understood as the freedom to start, carry out and terminate an economic activity in the presence of certain preconditions: infrastructural, regulatory, fiscal, technological, financial, training. The private economic initiative is not, however, unlimited and uncontrolled, but rather embedded within specific programmatic limits and public interventions aimed at better socializing the aims of the national economic system and ensuring a fairer redistribution of wealth. The third paragraph of art. 41, on the other hand, highlights the need to have an adequate system of planning and control by the State on public and private economic activities: less direct economic interventions and greater commitment to the direction, guidance and effective coordination, considering the social aims, those of the companies and the national economic system objectives. To affirm effective democratic planning 37 , that is, a programme created with the active participation of the socio-political forces, of the local authorities and of all the stakeholders, is essential for the national economic revival. 36 Pietro Onida “ Valori umani dell’azienda: il lavoro cristiano, fondamentali problemi della efficienza dell’azienda, indagine etica sulla natura e i fini dell’azienda” ,1956. 37 Paolo Ricci “ L’articolo 41 della Costituzione Italiana e la responsabilità sociale d’impresa” .