Tourism is complex and tour guides regulation is not an exception. Italian legislation historically protected local authorized and qualified tour guides that were entitled of a territorial exclusive, while tour guides coming from other regions of Italy different from the place of their qualification or from third Member-states were prevented to provide their services. Italy always considered a tour guide as an intellectual profession rather than a mere provider of services and resisted to the liberalization process processed by the European Union. By virtue of the necessity to save the national historic and artistic heritage, Italy created the “specialized tour guide” with territorial exclusivity which was later dismissed by the internal jurisprudence as it is contrary to the freedom to provide services principle established by the European Union. Consequently, the scope of this essay is to propose a solution able to balance the aspiration of Italy in protecting the national historic and artistic heritage and working rights of this category of service's providers.
The state of the art in fighting the illicit trafficking of cultural property...UNESCO Venice Office
FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY
Cross-border training workshop for authorities from the Republic of Moldova and Romania
Rome, Italy, 12-16 November 2018
Monday, 12 November
Communication and public awareness in Italy - Carabinieri Tutela Patrimonio C...UNESCO Venice Office
FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY
Cross-border training workshop for authorities from the Republic of Moldova and Romania
Rome, Italy, 12-16 November 2018
Tuesday, 13 November
III workshop - europe, the best destination for seniorsdomenicosarleti
This document contains draft minutes from a workshop on developing Europe as the best destination for seniors. It discusses objectives to improve knowledge about senior tourists through sharing studies and data, and to diversify the tourism supply for seniors by focusing on accessibility, quality, and developing transnational offers. Participants provided input on relevant studies and data sources and discussed how to standardize this information. Issues like accessibility guidelines, quality recommendations, reducing barriers, and overcoming legal obstacles when providing public funds were also debated. The draft action plan and roadmap to further this initiative will prioritize actions and establish working groups and timelines.
1. The document summarizes the draft minutes of a workshop on developing Europe as a top destination for senior tourists.
2. Participants discussed improving knowledge about senior tourists through sharing studies and data. They agreed this information should be standardized and made available through a common EU platform. Participants offered to share relevant studies and data from their countries.
3. Participants also discussed diversifying the tourism supply for seniors. They emphasized the economic importance of accessible tourism and agreed organizations would contribute guidelines and good practices. Common EU recommendations on quality standards were discussed. Developing transnational senior-oriented offers while reducing barriers was also a priority area.
Arghil 4 heritage and cultural tourism managementDeepak Chiripal
This document discusses cultural and heritage tourism in the UK. It provides background on cultural tourism in Europe and discusses some of the conflicts that can arise from heritage tourism, using the example of the Giant's Causeway in Northern Ireland. It then outlines some common services provided in cultural and heritage tourism, including place promotion, social districts focused on culture (like industrial, institutional, museum and metropolitan districts). Two prominent UK cultural institutions, the Victoria and Albert Museum and the Science Museum, are also summarized. The roles and responsibilities in the UK heritage industry are discussed, along with methods of interpretation used for tourists.
The document discusses various types of EU support for tourism and industrial heritage. It outlines policy support from the EU in communications, action plans, and strategies that promote tourism. Financial support is provided through various EU funds and programs like Horizon 2020, COSME, and Creative Europe. These programs support projects related to tourism product development, promotion of tourism routes, cultural preservation, and networking in the cultural heritage sector. The document also reviews EU competence and facilitation of dialogue on industrial tourism through conferences and initiatives to share best practices.
The state of the art in fighting the illicit trafficking of cultural property...UNESCO Venice Office
FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY
Cross-border training workshop for authorities from the Republic of Moldova and Romania
Rome, Italy, 12-16 November 2018
Monday, 12 November
Communication and public awareness in Italy - Carabinieri Tutela Patrimonio C...UNESCO Venice Office
FIGHTING AGAINST THE ILLICIT TRAFFICKING OF CULTURAL PROPERTY
Cross-border training workshop for authorities from the Republic of Moldova and Romania
Rome, Italy, 12-16 November 2018
Tuesday, 13 November
III workshop - europe, the best destination for seniorsdomenicosarleti
This document contains draft minutes from a workshop on developing Europe as the best destination for seniors. It discusses objectives to improve knowledge about senior tourists through sharing studies and data, and to diversify the tourism supply for seniors by focusing on accessibility, quality, and developing transnational offers. Participants provided input on relevant studies and data sources and discussed how to standardize this information. Issues like accessibility guidelines, quality recommendations, reducing barriers, and overcoming legal obstacles when providing public funds were also debated. The draft action plan and roadmap to further this initiative will prioritize actions and establish working groups and timelines.
1. The document summarizes the draft minutes of a workshop on developing Europe as a top destination for senior tourists.
2. Participants discussed improving knowledge about senior tourists through sharing studies and data. They agreed this information should be standardized and made available through a common EU platform. Participants offered to share relevant studies and data from their countries.
3. Participants also discussed diversifying the tourism supply for seniors. They emphasized the economic importance of accessible tourism and agreed organizations would contribute guidelines and good practices. Common EU recommendations on quality standards were discussed. Developing transnational senior-oriented offers while reducing barriers was also a priority area.
Arghil 4 heritage and cultural tourism managementDeepak Chiripal
This document discusses cultural and heritage tourism in the UK. It provides background on cultural tourism in Europe and discusses some of the conflicts that can arise from heritage tourism, using the example of the Giant's Causeway in Northern Ireland. It then outlines some common services provided in cultural and heritage tourism, including place promotion, social districts focused on culture (like industrial, institutional, museum and metropolitan districts). Two prominent UK cultural institutions, the Victoria and Albert Museum and the Science Museum, are also summarized. The roles and responsibilities in the UK heritage industry are discussed, along with methods of interpretation used for tourists.
The document discusses various types of EU support for tourism and industrial heritage. It outlines policy support from the EU in communications, action plans, and strategies that promote tourism. Financial support is provided through various EU funds and programs like Horizon 2020, COSME, and Creative Europe. These programs support projects related to tourism product development, promotion of tourism routes, cultural preservation, and networking in the cultural heritage sector. The document also reviews EU competence and facilitation of dialogue on industrial tourism through conferences and initiatives to share best practices.
Sample Report on Importance of Museum, Heritage and Cultural TourismAmelia Jones
Read sample report on Museum, Heritage and Cultural Tourism by the expert writers of Global Assignment Help and know the importance of heritage and museums and the vital role of cultural tourism. We are offering up to 50% off on our academic writing services. Don't miss this great deal and order your document now!!!
Carabinieri Tutela Patrimonio Culturale: The importance of Public AwarenessUNESCO Venice Office
The document discusses the importance of public awareness for protecting cultural heritage. It describes how the Carabinieri Corps conducts education programs in schools and exhibits recovered artifacts to raise awareness of illegal looting and the importance of preserving cultural objects for public enjoyment and scientific study. The more the public perceives cultural heritage as their own property to protect, the more engaged they will feel in safeguarding it through awareness and education initiatives.
Management in cultural enterprises - Executive summaryCarole Kousis
Executive summary of my master thesis (2007-HEC ULg) : "Management in cultural enterprises"
(Master in Business Administration, Major in International Management and Marketing)
The document summarizes the activities and outputs of the Municipality of Tirana as part of the TUR.GRATE 2 project. Key activities included participating in project coordination meetings, disseminating promotional materials at tourism shows in London, creating tourist guides for Tirana, organizing meetings between tourism stakeholders, participating in heritage mapping and restoration efforts, and hosting cultural exhibitions and performances including "Sofra Tirana 2011" which celebrated the partnership between Tirana and Mesagne.
This document provides an overview of excellence and achievements in Italy across various sectors including culture, environment, infrastructure, industry, and social issues. Some key points:
- Italy ranks highly in UNESCO's World Heritage list and has many cultural and natural sites.
- Several Italian cities and over 100 beaches received environmental awards.
- Italy launched the first high-speed rail line in Europe and has a strong design and fashion industry.
- The country does well in metrics of quality of life like home ownership, mobile network access, and car ownership.
- Italy is a top global exporter of wine and a leader in organic farming. It has many certified quality food products.
- Perceptions
Matteo Rosati: Interpretation of Heritage and educational services (UNESCO)UNESCO Venice Office
The role of Visitor Centres in UNESCO Designated Sites
Regional Workshop for Europe
30 September – 2 October 2018, Palermo (Italy)
Thematic Session 2: Interpretation of heritage and educational services.
“The designations employed and the presentation of material throughout this document do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization”
Ebnt observatory on combacting the sexual children exploitation in tourism...SAFE HOST PROJECT
This document provides a summary of a report on the implementation of Law 269/98 and the tourism industry code of conduct regarding sexual exploitation of children. It finds that online travel agencies and internet use for travel planning have grown significantly, while the role of traditional travel agencies has declined. The report analyzes online travel agencies operating in EU countries and finds little evidence they address the issue of child exploitation in tourism. Overall internet and disintermediation in the tourism industry pose challenges for preventing sex tourism but must be part of the solution.
6 european cultural tourism network by j. wintonTRANSROMANICA
The European Cultural Tourism Network (ECTN) is a not-for-profit organization registered in Brussels in 2003. It has a board representing different European regions and its aims are to facilitate transnational cultural tourism projects, ensure cooperation between tourism and culture sectors, and develop training opportunities. ECTN holds annual conferences averaging 150 attendees to discuss topics like cultural tourism as an economic driver. It has participated in Interreg projects focusing on best practices and adding cultural value to regional tourism sustainability and integration policies. ECTN seeks to work with other cultural networks and organizations and use social media to share information, acting as a lobby for cultural tourism at the European level.
Elaich module 6 topic 6.1 - Tourism and monumentselaich
This document discusses the impact of tourism on cultural heritage sites and monuments. It describes how tourism has become a major global phenomenon that places pressure on cultural sites through large visitor numbers. International organizations have developed charters to promote more sustainable cultural tourism. Circuits and cultural routes are examined as alternatives to mass tourism. The case of Greece is presented, highlighting some of its major archaeological sites that are central to tourism. There is a need for management plans to regulate visitor numbers and infrastructure at cultural properties to minimize negative impacts from tourism.
This document discusses developments related to protecting persons belonging to minorities in the European Union. It covers the period from 2008 to 2010. Key developments include the Treaty of Lisbon emphasizing minority rights and making national minorities a term of EU law. It also discusses EU secondary law like equality directives and criminal law frameworks. The report examines policy initiatives on diversity, Roma inclusion, social inclusion, education, and health access. It analyzes data on discrimination experiences across minorities from an EU survey. Specific areas of discrimination faced are also summarized, such as in employment, housing, and healthcare.
Italy has a large and lucrative tourism industry that contributes significantly to the country's economy. However, the industry was severely impacted by the COVID-19 pandemic, with tourism revenue falling nearly in half from 2019 to 2020. Various regions within Italy are now offering incentives like hotel discounts and travel subsidies to revive domestic and international tourism this summer. The tourism industry faces competition from other destinations but also benefits from Italy's rich cultural heritage and natural beauty. Infrastructure development and technological advancements in online promotion aim to further boost tourism throughout the country.
The Italian Pavilion at Expo 2015 in Milan will consist of the Palazzo Italia and Cardo exhibition spaces. It will showcase Italian excellence and culture through its theme of a "seedbed" or nursery of ideas. Over 1,000 events are planned over the 6-month Expo, covering topics like food, design, arts, sports, music, and fashion on a monthly basis. The architectural design aims to merge architecture, landscape, and nature with the goal of being highly energy efficient.
The CReW project consists of three events and a final conference focused on international cultural relations. The events took place in Morocco, the UK, and Germany, and addressed supporting culture for development, cultural heritage cooperation, and intercultural dialogue, respectively. The final conference will be in Italy. The project aims to foster dialogue between academics and policymakers, cross-fertilize research and practice, improve professional training, and facilitate access to knowledge on cultural relations. It encourages combining practical and theoretical approaches through case study analysis to create common understanding and applicable knowledge.
The Importance Of Marketing In The Tourism Sector. English versionConsulting & Promotion
The document discusses the importance of marketing in the tourism sector and provides statistics and information about tourism trends in Italy. Some key points:
- Tourism accounts for about 10% of the global workforce and its economic impact is projected to continue growing significantly.
- Italy saw about 800 million tourist arrivals in 2000 and projections estimate over 1.6 billion by 2020, showing strong growth in the tourism industry.
- Emerging markets like China and Eastern Europe are becoming larger sources of tourists for Italy.
- Popular domestic tourist destinations in Italy include Sicily, Tuscany, Puglia, and Emilia-Romagna.
- New tourism trends gaining popularity include short trips, cruises, cultural
Ebnt observatory on combacting the sexual children exploitation in tourism...SAFE HOST PROJECT
This document summarizes trends in the tourism industry, specifically the rise of online travel agencies and disintermediation. Some key points:
- Internet has become the dominant channel for travel information and booking, with 53% of EU citizens on average using it to plan vacations. Countries with higher internet usage like the Netherlands see rates as high as 75-80%.
- Traditional travel agencies remain important for some, making up 19% of bookings on average, though their role is declining. Northern European countries tend to rely less on agencies.
- 10% of EU citizens book services directly at their destination. Practices vary significantly by country depending on infrastructure like internet access and the presence of travel intermediaries.
Media audiovizualne. konflikt regulacyjny w dobie cyfryzacji a book reviewMichal
The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
Tourism has a significant economic impact on Italy. In 2013, tourism contributed 159.6 billion euros to Italy's GDP, equivalent to 10.3% of total GDP, and supported over 2.6 million jobs, or 11.6% of total employment. While tourism saw a decline in 2013, projections estimate a return to growth in 2014. Tourism revenues exceed the global and European averages as a percentage of GDP and employment. The tourism industry provides substantial benefits but also risks like overuse of resources if not managed sustainably.
Ih54 industrial patrimony networks 21sept12 , Council of Europe Cultural Comm...Francesco Calzolaio
Industrial Heritage in the context of the other cultural heritages
Contribute to the Sub-committee on Culture, Diversity and Heritage (AS/Cult/CDH) meeting in Maribor, 21 september 2012. Commission de la culture, de la science, de l'éducation et des médias, Parliamentary Assembly Council of Europe
by Francesco Calzolaio, member of the Europa Nostra’s Industrial and Engineering Heritage Committee (IEHC), president of the association Venti di Cultura, socio fondatore associazione Faro Venezia, Culturnet e Lagunalonga project manager
The document discusses opportunities for developing cultural tourism following the COVID-19 pandemic. It emphasizes the importance of cultural tourism, which accounts for nearly 40% of global tourism revenues. The pandemic provides a chance to rethink tourism models and ensure they are sustainable, protect cultural and natural assets, and benefit local communities. Effective governance frameworks are needed that involve stakeholders like community groups and businesses. Examples from projects like RUINS in Central Europe demonstrate how to govern heritage sites, engage communities, and spur local economic development through cultural tourism.
This document summarizes a study on the impact of population migration in eastern Serbia on the potential for ecotourism development. There are over 60 protected plant and animal species in the region across 7 protected natural areas and many cultural/historical sites. However, ecotourism development faces limitations from pollution and proximity to mines. The area has experienced demographic emptying of mountain/hill areas as people migrate to cities. This emptying can enable natural ecosystem restoration. The region has diverse landscapes, forests, agricultural land, rivers, lakes and mineral springs. Protected areas include Stara Planina Nature Park and several nature reserves featuring diverse vegetation and forests.
The need for constant and frequent rehabilitation of children with motor skills problems provides an opportunity for tourism development in the Republic of Serbia. It is certain that there is no possibility for tourism development without quality spatial, professional and technical conditions for good physical rehabilitation, medical monitoring and well-trained therapists, who have knowledge and experience in working with children. Once these conditions have been met, rehabilitation centers can become “open to” this field of health tourism that could provide considerable resources. This paper will deal with spa tourism and capacities in the domain of physical rehabilitation of children, when their stay and therapy is provided by the National Health Insurance Fund, but the emphasis will be placed on the additional tourist facilities for a child and a caregiver, as well as spa therapies that will be funded by the spa itself, with special emphasis on improvement of the quality.
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Read sample report on Museum, Heritage and Cultural Tourism by the expert writers of Global Assignment Help and know the importance of heritage and museums and the vital role of cultural tourism. We are offering up to 50% off on our academic writing services. Don't miss this great deal and order your document now!!!
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The document discusses the importance of public awareness for protecting cultural heritage. It describes how the Carabinieri Corps conducts education programs in schools and exhibits recovered artifacts to raise awareness of illegal looting and the importance of preserving cultural objects for public enjoyment and scientific study. The more the public perceives cultural heritage as their own property to protect, the more engaged they will feel in safeguarding it through awareness and education initiatives.
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The document summarizes the activities and outputs of the Municipality of Tirana as part of the TUR.GRATE 2 project. Key activities included participating in project coordination meetings, disseminating promotional materials at tourism shows in London, creating tourist guides for Tirana, organizing meetings between tourism stakeholders, participating in heritage mapping and restoration efforts, and hosting cultural exhibitions and performances including "Sofra Tirana 2011" which celebrated the partnership between Tirana and Mesagne.
This document provides an overview of excellence and achievements in Italy across various sectors including culture, environment, infrastructure, industry, and social issues. Some key points:
- Italy ranks highly in UNESCO's World Heritage list and has many cultural and natural sites.
- Several Italian cities and over 100 beaches received environmental awards.
- Italy launched the first high-speed rail line in Europe and has a strong design and fashion industry.
- The country does well in metrics of quality of life like home ownership, mobile network access, and car ownership.
- Italy is a top global exporter of wine and a leader in organic farming. It has many certified quality food products.
- Perceptions
Matteo Rosati: Interpretation of Heritage and educational services (UNESCO)UNESCO Venice Office
The role of Visitor Centres in UNESCO Designated Sites
Regional Workshop for Europe
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Thematic Session 2: Interpretation of heritage and educational services.
“The designations employed and the presentation of material throughout this document do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization”
Ebnt observatory on combacting the sexual children exploitation in tourism...SAFE HOST PROJECT
This document provides a summary of a report on the implementation of Law 269/98 and the tourism industry code of conduct regarding sexual exploitation of children. It finds that online travel agencies and internet use for travel planning have grown significantly, while the role of traditional travel agencies has declined. The report analyzes online travel agencies operating in EU countries and finds little evidence they address the issue of child exploitation in tourism. Overall internet and disintermediation in the tourism industry pose challenges for preventing sex tourism but must be part of the solution.
6 european cultural tourism network by j. wintonTRANSROMANICA
The European Cultural Tourism Network (ECTN) is a not-for-profit organization registered in Brussels in 2003. It has a board representing different European regions and its aims are to facilitate transnational cultural tourism projects, ensure cooperation between tourism and culture sectors, and develop training opportunities. ECTN holds annual conferences averaging 150 attendees to discuss topics like cultural tourism as an economic driver. It has participated in Interreg projects focusing on best practices and adding cultural value to regional tourism sustainability and integration policies. ECTN seeks to work with other cultural networks and organizations and use social media to share information, acting as a lobby for cultural tourism at the European level.
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This document discusses the impact of tourism on cultural heritage sites and monuments. It describes how tourism has become a major global phenomenon that places pressure on cultural sites through large visitor numbers. International organizations have developed charters to promote more sustainable cultural tourism. Circuits and cultural routes are examined as alternatives to mass tourism. The case of Greece is presented, highlighting some of its major archaeological sites that are central to tourism. There is a need for management plans to regulate visitor numbers and infrastructure at cultural properties to minimize negative impacts from tourism.
This document discusses developments related to protecting persons belonging to minorities in the European Union. It covers the period from 2008 to 2010. Key developments include the Treaty of Lisbon emphasizing minority rights and making national minorities a term of EU law. It also discusses EU secondary law like equality directives and criminal law frameworks. The report examines policy initiatives on diversity, Roma inclusion, social inclusion, education, and health access. It analyzes data on discrimination experiences across minorities from an EU survey. Specific areas of discrimination faced are also summarized, such as in employment, housing, and healthcare.
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- Italy saw about 800 million tourist arrivals in 2000 and projections estimate over 1.6 billion by 2020, showing strong growth in the tourism industry.
- Emerging markets like China and Eastern Europe are becoming larger sources of tourists for Italy.
- Popular domestic tourist destinations in Italy include Sicily, Tuscany, Puglia, and Emilia-Romagna.
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This document summarizes trends in the tourism industry, specifically the rise of online travel agencies and disintermediation. Some key points:
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- Traditional travel agencies remain important for some, making up 19% of bookings on average, though their role is declining. Northern European countries tend to rely less on agencies.
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The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
Tourism has a significant economic impact on Italy. In 2013, tourism contributed 159.6 billion euros to Italy's GDP, equivalent to 10.3% of total GDP, and supported over 2.6 million jobs, or 11.6% of total employment. While tourism saw a decline in 2013, projections estimate a return to growth in 2014. Tourism revenues exceed the global and European averages as a percentage of GDP and employment. The tourism industry provides substantial benefits but also risks like overuse of resources if not managed sustainably.
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The research is conducted using a representative sample of Belgrade restaurants. By applying a critical analysis of their gastronomy offer, numerous recommendations for the enhancement of the actual situation will be proposed with a view to improving the participation of Serbian national dishes in the gastronomy offer of the Serbian restaurants.
The paper presents an analysis of the tourist potential of Suceava County in the North Region of Romania, as well as at country level, aspects related to relief, climate, network hydrography and tourism potential. Based on these considerations, we analyzed the number of boarding houses, the existing accommodation structures and the number of Romanian and foreign tourists from the analyzed period 2012-2016. The purpose of this paper is to determine the opportunity to build or modernize an agro-tourist hostel in the NE Region of Romania, more precisely in Suceava County.
Homolje is a small area of Eastern Serbia. It is almost entirely within the municipality of Zagubica, with a few deviations. The agricultural land of the area is predominantly grasslands, natural meadows and pastures, around 69% of the total agricultural land. The most significant animal husbandry products of this traditional production are the widely known Homolje cheese, Homolje mutton, Homolje honey and trout. The rural area of Homolje represents a significant (but still unused) resource, not just for conventional food production, but for the development of sustainable organic animal husbandry, production and processing industry, forestry, water management, trade, tourism, hunting, fishing, etc. Analysis shows that, taking into account the available resources, animal husbandry and tourism development should be the main framework for Homolje rural development.
Rural tourism is a serious factor in the development of rural areas. This is also supported by global developments in which mass tourism is increasingly losing its dynamism in collision with the coming individualism in choosing the type of destination and travel model. Ecology, culture, identity of destinations active attitude towards holiday and recreation, new forms and contents of the offer, theme parks and health are some of the trends in differentiating tourist interests. In these and this kind of conditions rural tourism encounters growing developmental, marketing, managerial and economic difficulties in its development. This requires finding an appropriate model of rural tourism, management which would be based primarily on the sustainable development of rural areas. This study aims to point out a possible model of strategic management of the development of rural tourism.
The aim of the paper is to analyze the process of application of the project approach in the development of rural tourism in Serbia, which has contributed significantly to the growth of tourism GDP in recent years and has great potential for further development. The potential value of rural tourism in Serbia is briefly described, followed by the methodology of the project approach to the development of rural communities through a concrete example. The paper presents a concise overview of the project study for the production of the development plan of the community of rural households in the municipality of Gornji Milanovac in the region of Central Serbia. The final remarks highlight the importance of the participation of the population in the development of development plans, which is one of the basic features of the applied method.
The aim of the paper is to present the current forms of rural tourism in Serbia and the ways of their financing. In addition to the field research method, the descriptive method as well as the methods of analysis and synthesis are used in the paper. Forms of rural tourism are defined and differentiated according to the motives motivating tourists’ arrival to rural areas. It is estimated that today in Europe there are over 50 different forms of rural tourism. According to the Organization for Economic Co-operation and Development (OECD), the most common form of rural tourism is agrotourism. According to the results of the research, agrotourism is also the most frequent in Serbia as well. There are also developed the szallas tourism, the beekeeping tourism, bio-agrotourism, eco-tourism, as well as the other forms of rural tourism. The dominant way of financing all forms of rural tourism in the past period was self-financing. For their future development it is necessary to define innovative financing modalities.
This document discusses the role of television in raising ecological awareness among rural populations as a factor in developing rural tourism. It first establishes that television is the most influential mass medium and can serve an important educational function by informing viewers about environmental issues. The document then examines several television programs in European countries that aim to educate rural audiences about agriculture, rural life, and environmental protection. However, it finds that television programs in Serbia do not sufficiently promote ecology and environmental protection in rural areas. The role of developing ecological awareness among rural populations through television is important for the sustainable development of rural areas and tourism.
The incorporation of rural tourism in the overall tourism destination is a serious strategic shift and must contain a clear sequence of moves and predetermined key steps. The paper points to the modern trends in the development of rural tourism and offers comparative examples of destinations with developed rural tourism. The basic forms of partnership and financing arrangements for rural tourism will then be defined. Finally, the initial potentials will be presented and further measures for the development of rural tourism in the Kotor area as a destination within whose tourist offer there are adequate preconditions for its development.
Modern agriculture has become during the years a proactive economic branch, with a traditional impact on European Union economic system and direct implications on creating wealth and stability for the rural communities and assuring the macro-stability as well. The massive transformations of the agricultural system in the recent period have imposed new approaches in valuing the agricultural potential. In this context, the agri-environmental measures represent a new possibility for the agriculture in increasing the value added and reforming the rural communities. The main aim of the paper is undertaking a short survey on some of the influences of the agricultural agri-environmental measures and the agriculture perspectives in the larger context of the green agriculture. It considers the values incorporated in agri-environmental measures for 2013 and targets for 2020.
Tourism is an activity that can improve main macroeconomic indicators. The opportunities for sustainable tourism development and the preservation of its competitiveness is largely influenced by the quality of the environment and the preservation of goods and resources. The paper will examine the impact of the number of international arrivals and receipts from international tourism on the GDP per capita for 2009-2015 and its impact on unemployment and the human development index as the selected component of sustainable development. Based on the relationship between these values, the basic relations between the selected indicators will be identified. The results will include all aspects, establish priorities, concrete proposals - strategic projects that can be realized in the coming period in order to increase the number of tourists and tourism revenues, which would affect the economic growth and development of the Republic of Serbia.
Increased actuality and significance of the concept of sustainable development has dramatically changed the flow of tourism activities that used to be oriented towards environmental goals. Appropriate environmental protection management is the basic precondition for the development of tourism in future. The main goal of the sustainable tourism is to enable people to enjoy and gain knowledge about the natural, historical and cultural characteristics of the environment, while encouraging the economic development and well-being of the community and future generations. Regarding the importance of sustainable tourism, the paper explores the possibilities of developing the destination of the Gradac River in Serbia. The research emphasizes the tourism potentials of the Gradac River gorge as a region of exceptional characteristics, but at the same time the challenges of sustainable development of this destination have been analyzed.
Vrbas Municipality has versatile cultural potentials which can contribute to sustainable tourism and economic development of the local area.
Rich material and non-material cultural heritage of Vrbas was built during the centuries, in the process of continual immigration and emigration, migrations and colonization.
The main aim of the paper is to point out the importance of the nurture of the quality cultural contents and manifestations as the bases of the Municipality's recognition on the tourist maps of Serbia and Western Balkans.
In the analysis of tourist offer and cultural life of the Municipality, appropriate qualitative methodology was applied such as the methods of analysis and synthesis, inductive and deductive, descriptive and comparative methods.
By linking culture and tourism we come to the cultural tourism, the form of tourism with the growing interest in the world, as the number of tourists increases. These are travels motivated by cultural reasons. However, in order to talk about them, it is necessary to introduce or educate potential tourists with the possibilities of destinations, in terms of cultural content. On the other hand, in order to make this tourist-cultural experience possible, it is necessary to have adequate education of all those on the side of the offer and provision of services. Serbia has potentials for the development of cultural tourism, but in order to prevent it from remaining only at the level of potentials, education of all participants in this chain is needed. However, cultural tourism is not and should not be directed exclusively towards foreign tourists; the offer should be harmonized with the requirements of national, regional, international as well as global tourists.
This document discusses the challenges and potentials of museum tourism, using the Museum of Yugoslavia as a case study. It begins with a brief history of museums, noting how they have evolved from private collections to more open, communicative institutions seeking to educate and expand their audiences. Contemporary museums use branding and marketing techniques to build their image and attract more visitors.
The Museum of Yugoslavia has undergone an identity search over decades. Originally intended to represent Yugoslav ideology under Tito, it now aims to represent Yugoslavia from different perspectives as a contemporary museum. Through rebranding efforts like a new mission, name, and interpretation of its collection, it seeks to convert from a place of political memory into a modern institution that develops its
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Developments in Italy concerning the regulation of tour guides an endless dispute
1.
2. 45
DEVELOPMENTS IN ITALY CONCERNING THE
REGULATION OF TOUR GUIDES: AN ENDLESS DISPUTE
Gianluca Rossoni1
Abstract
Tourism is complex and tour guides regulation is not an exception. Italian
legislation historically protected local authorized and qualified tour
guides that were entitled of a territorial exclusive, while tour guides
coming from other regions of Italy different from the place of their
qualification or from third Member-states were prevented to provide their
services. Italy always considered a tour guide as an intellectual
profession rather than a mere provider of services and resisted to the
liberalization process processed by the European Union. By virtue of the
necessity to save the national historic and artistic heritage, Italy created
the “specialized tour guide” with territorial exclusivity which was later
dismissed by the internal jurisprudence as it is contrary to the freedom to
provide services principle established by the European Union.
Consequently, the scope of this essay is to propose a solution able to
balance the aspiration of Italy in protecting the national historic and
artistic heritage and working rights of this category of service's
providers.
Key Words: tour guides, freedom to provide services, cultural heritage,
consumer protection, principle of proportionality
JEL classification: K39
Introduction
This article outlines of the conflict between Italian and European Union
(EU) regulation and also focuses the recent internal law and jurisprudence
which apparently should have removed any conflict. On the other hand, it
also notes some new problems created by the recent legal developments.
In this regard, it has to be pointed out that tourism is very strategic to the
1 Gianluca Rossoni, lawyer, contract professor of tourism legislation at University of
Bergamo (Italy), name partner of law firm www.tourismlaw.it, Galleria Tito Livio 8
Padova (Italy), tel. +39.049663699, e-mail rossoni@tourismlaw.it
3. 46
economies of southern European countries. In fact, protecting key
elements of the tourism economy is naturally seen important (Fosman,
2008). Therefore, safeguarding the profession of tour guide has
historically been seen sensitive in Italy both because tour guides are
familiar with local circumstances and also because it is considered that
the conservation of national historic and artistic heritage requires a local
intellectual profession as it is tour guide profession (Rossoni, 2008).
The consequence is that Italy - but also Spain (Pérez, 2007) and Greece -
has tried to use this crucial role of tour guide to justify labour market
restriction on EU freedoms by interposing a public interest justification,
also based on a EU unclear jurisprudence which did not define, beyond
the reasonable doubt, the limit of internal public interest that allowed to
derogate the common market freedoms.
In fact, the regulation of tour guides under Italian legislation and its
compatibility with freedoms under European Union (EU) acquis has been
a long running problem for tourism sector in Italy. The problem has not
been resolved yet at EU level mainly because of the opposing views on
the regulation of tour guides in northern and eastern Member-states with
―out-going‖ tourists and southern Member-states with a high level of
―incoming‖ tourists. In fact, the incoming states have periodically sought
to protect their labour markets and especially the relevance of this
intellectual profession in the protection of their cultural heritage and of a
consequent territorial exclusive, while the first countries stated their
interest in reducing the cost of production by using a tour guide of the
same nationality as the tour organiser and tour party instead of paying a
local tour guide, thereby achieving a liberalization of tour guides
profession.
As to the Southern countries, they aim to defend the tourist sector as one
of the most important of their economy that includes the profession of
tour guide which is renowned as one of the most connected with local
reality. They point out that the conservation of national historic and
artistic heritage requires a local tour guide. In other words, ―incoming‖
EU member States use to justify labour market restrictions by claiming a
public interest argumentation.
The public interest in question is to ensure the correct diffusion of
knowledge of the historical and artistic heritage in Italy, safeguard Italian
national culture by the mediation of professional personnel and protect
4. 47
consumers by delivering a high standard of tourist services (Tesauro,
2010).
The Italian context
The legal position in Italy regarding tour guides has been ruled on by the
decision of the European Court of Justice (ECJ) in 1991 (Commission v
Italy, C-180/89, 26.02.1991).
In this case the Court decided that a local Italian law which prevented
workers from other third Member-states from temporarily providing
guide services of a general guiding nature unless they had a local
qualification, disproportionately restricted their common market freedom.
Therefore, while the ECJ accepted that national laws could impose labour
market restrictions based on the natural and national interest of
conserving and promoting cultural heritage, it held that the specific ways
adopted by Italian law went further than was necessary to achieve this
higher interest and that less restrictive means were available in order not
to jeopardize the self-interest of the tour operator in choosing a tour guide
of its own nationality because the tour guide, being of the same mother-
tongue as the tour party, is per se more aware of the specific needs and
interest of a co-patriot customer.
The ECJ also stated, and this has become especially crucial in the Italian
context, that Member-states remain free to set up restrictions on tour
guides of other Member-states in cases where the visit include museum
and historic monuments. This was perceived in Italy to mean that laws
which prohibit guiding in such places unless with a specialized,
professional tour guide authorized under Italian law, were compatible
with Community law.
This decision of the ECJ in Commission v Italy did not solve the dispute
of regulating tour guides in Italy. Actually, the uncertainty of this ruling
caused new ones.
Firstly, by allowing state control over tour guides in museums and
historic monuments, it effectively required the establishment of a new
control system over the authorization of specialized tour guides in such
places, with the effect of creating a new type of tour guides instead of
rolling-back the full extent of regulated professions. But there was no
specific legal base in Italian law for issuing this. In Italy there was no
5. 48
definition of a ―specialized tour guide‖, but only of a tour guide which
main task is to explain to tourists the cultural and artistic sites.
Unfortunately, as above mentioned, the 1991 ECJ ruling did not
distinguish clearly the difference between tour guides and specialized tour
guides. Furthermore, it did not even clearly stress the definition of
―museums or historic monuments‖ and this has had a significant impact
on what has happened in Italy since. This lack of guidance meant that it
was up to Italy, the ―offender party‖, with one of the largest and most
diverse cultural and historic heritage in the world (present in almost every
town and village), to define what is a ―museum or historic monument‖.
And Italy was slow to do this commitment also because it already had
various internal legal classification systems of monuments, churches,
buildings, artistic units and historical city-centres. Therefore in 1995 Italy
provided that Regions, in collaboration with local Monuments and Fine
Arts State Departments, had the task of identifying and classifying the
historic sites that have to be interpreted by specialized tour guides who
possessed legal qualifications, particularly in regard to the completion of
a an examination. The Presidential Decree (13.12.1995) also stated that
all the sites qualified by UNESCO as mankind's world cultural heritage
could only be visited by parties employing specialized tour guides. This
meant 2450 cultural sites around all Italy (including historical centres of
Rome, Florence, Siena, Perugia, etc.) were of exclusive competence of
local authorized tour guides.
This situation increased because of constitutional changes since 2001
(Constitutional Law 3/2001) that stated the devolution of tourism subject
to each Italy's Region with exclusive competence on this sector by the
latter. In fact, when Italy reformed its constitutional structures at that time
this also contributed to the difficulties and procrastination of creating the
legal definitions of specialized tour guides and museum or historical
monument. Still remained a competence within the State, being
considered that the subject-matter ―professions‖ (which includes tour
guides) pertained to the central government, while the subject-matter
―tourism‖ was definitely delivered to local governments.
The result was a large expansion of the list of places falling particularly
within the definition of historic monuments, even wider than the
UNESCO criteria adopted by the internal Decree of 1995, with the effect
of including all city centres, the medieval or baroque part of the city or
6. 49
the complete area around the main square, but without specifying
particular museums, monuments or churches.
At the end, there was little doubt that behind all this preservation's
attitude, there was an ―economic war‖ in which tour guides trade bodies
used political pressure to preserve their labour market monopolies in
order to exclude tour guides coming from other parts of Italy or from third
Member-states, even occasionally.
This lead the European Commission to threaten legal proceedings against
Italy which sourced out with a default letter2
in which it started an
infraction‘s procedure against Italy under Art. 226 of the European
Community Treaty (ECT) for violation of Art. 49 (ECT) by having kept
disproportionate restrictions against the freedom of services in labour
market.
The core of the Commission's complaint was that a correct interpretation
of ECJ ruling above mentioned, required the following: ―museum or
historic monuments‖ must be understood as referring to a single site and
not a whole city or an extended area (as happens for instance with the
cities of Verona and Venice, in Veneto region); when classifying historic
sites Member-states must act according to the proportionality principle
which obliged to base internal legislation only on the conservation of
national historic heritage and on general interest of consumers and
nothing else; finally, specialized tour guides must be limited to specific
sites and with effective access control by local authorities.
Therefore, in order to avoid the possibility of a new legal proceedings in
front of the ECJ, each Italian Region started to prepare a new list of
specific sites to be visited only by local guides. But Italian Government at
State level this time was unexpectedly radical on this issue. In fact, Italian
Parliament discussed a measure which was intended to completely
liberalize the activity (not defined this time in the draft law as
―profession‖) of the tour guide. Initially this proposal was strongly
criticized by the Regions because it appeared to infringe the allocation of
competence between State and Regions, but the Italian Government
rushed into by enacting a Law Decree3
in 2007 which introduced the
following changes: a) it abolished the State examination required to
achieve the tour guide legal qualification; b) tour guides were permitted to
2 Dated 19.11.2203, SG(2003)D/233683
3 Dated 31.01.2007, n. 7
7. 50
carry out their activities when they obtained a degree in Archeology and
Art's history; c) tour guides could operate anywhere in Italy without any
area limitations. Some amendments were issued in the subsequent Law
40/2007 which provided to adjust some measures, considered too radical
by stakeholders, particularly the tour guides associations. Firstly, each
Region was acknowledged as having the exclusive power to rule on the
requirements of the professional qualification of tour guides, apart from
compliance with the general principles of the legal system and of this last
piece of legislation. Secondly, each Region was permitted to grant the
qualification of tour guide by means of a specific examination or by
means of the applicant's career. In both cases, the qualification was
restricted to the regional (even of the single province) and was not
suitable for the whole State. Thirdly, in case the Region decided to
require the examination as a compulsory step for qualifying tour guides,
the exam had to include the knowledge of a foreign language (one
between English, French, German or Spanish) and also a deep knowledge
of the culture of the territory. On the other hand, any reference in the
internal legal framework related to a prior administrative authorization
from the local police was cancelled.
Unfortunately, another occasion was lost in relation to define the
―specialized tour guide‖, being considered the latter only in relation to a
faculty that each Region had to set no-binding courses in order to increase
the skills of each tour guide especially in new sectors like rural or nature
tourism, but without any common path among the Regions on how to
achieve this upper qualification.
On the other hand, not only those rules had to be applied in regard to tour
guide regulation. While tour guides became to be considered a fully-
fledged economic activity, any derogatory criteria should be supported
only by ―imperative reasons of general interest‖ as set out in Art. 4.1.8 of
Directive 2006/123/EC on service in the internal market4
as including,
among other required standard, ―the conservation of historic and natural
national heritage‖. Particularly, Recital (33) of this Directive explicitly
states that ―Consumer services are also covered, such as those in the field
of tourism, including tour guides‖. The break-in of this corner-stone piece
of legislation in EU acquis definitively has changed the scenario. It is
worth apparently nothing the Recital (31) of this Directive that does not
affect Directive 2005/36/EC on the recognition of professional
4 OJ L 376/36, 27.12.2006
8. 51
qualifications5
which established that with regard to temporary cross-
border service provision, a derogation from the provision on the freedom
to provide services in this Directive ensures that Title II on the free
provision of services of Directive 2005/36/EC is not affected. In other
words, tour guides cannot derogate to the liberalization scheme provided
by Directive 2006/123/EC. This means that any territorial monopoly will
not be tolerated by EU Commission being tour guides as any other service
providers and consequently none of the measures applicable under this
Directive in Italy, where the service is provided, is affected by the
provision on the freedom to provide services. Therefore there are not
public safety or general health reasons to derogate to the EU acquis in
regulating the tour guides discipline in the internal legal framework, while
still has remained a general interest to protect the national cultural and
artistic heritage, but in the limits established by the ECJ ruling above
mentioned. In the same way, the Expert Group Meeting named by the EU
Commission stated that ―it follows from Title II of the Directive on
Professional Qualifications that a Member State can provide for a prior
recognition of professional qualifications only for professions having
public health and safety implications, tourist guides do not fall under that
category‖6
.
In line with these interpretations, two Italian Constitutional Court rulings7
on this regard reasserted the supremacy of Art. 56 of Treaty of
Functioning of European Union (TFEU) by which restrictions on freedom
to provide services within the Union shall be prohibited in respect of
nationals of Member States who are established in a Member State other
than that of the person for whom the services are intended. While Italy
had apparently and temporary resolved its problems in complying to the
EU free movement rules for workers and service providers, the particular
way it has done so caused a new difficulty this time for Italian tour
guides. Arguably, the new liberalization had in fact created a ―reverse
discrimination‖ (Righi, 2013) against Italian tour guides. In fact, EU tour
guides were free to work without any restrictions, in consideration that
the only requirement was the authorization or qualification obtained in
their own State of origin, while Italian institutions still not resolved the
main issue related to their tour guides.
5 OJ L 281, 23.11.1995
6 EU Commission Expert Group, State of play of the internal market in the tourism
sector, 19.02.2011, 12
7 Rulings 222/2008 and 271/2009 of Italian Constitutional Court
9. 52
The next step would be that territorial restrictions among Italian tour
guides would not be tolerated and consequently each qualified tour guide
would operate in the whole territory of Italy, regardless of the place (and
the regional legal framework) where the qualification was obtained.
Those principles were finally transposed in the internal legal framework
by two pieces of legislation8
which explicitly stated the principles of no
discrimination and equal treatment between Italian tour guide and third
Member-states tour guide who occasionally operates in Italy
accompanying a group of tourists from the state of origin to visit Italy and
for this scope intends to provide to them the required professional service.
Tour guides from third Member-states EU and from outside EU
Until the adoption of the previously mentioned laws, the paradox was that
Italian tour guides were still bound by each Region's own legal provisions
to work only in the Region (or even single province) where they had been
granted a tour guide authorization or qualification, regardless of whether
they are resident in this Region or not. Each qualification applied only to
that Region and so they could not work in other Regions (or even
provinces) without having obtained a tour guide authorization or
qualification in each Region. In other words, the situation was that
whereas an Hungarian tour guide from Budapest could describe and
explain the beauties of Venice while accompanying occasionally a group
of tourists departed together from Hungary, a tour guide from Milan
would be prevented to doing so.
It was clear that this situation could jeopardize the Italian constitutional
framework, particularly the principle of equality of treatment which is not
allowing any differentiation to be made between Italian and other EU
Member-states tour guides. The achieved result was that there are no
longer any restrictions in Italy on tour guides working in other Regions
without a qualification from that Region.
On the other side, in the case of a tour guide from outside the EU who is
lawfully resident in Italy with a permit to stay and is established in Italy,
each Region creates a legislation which provides a specific application
form, called ―SCIA‖ (Certified reporting of beginning of activity) which
must be filled and submitted to a local municipality. In the application
8 Law 234/2012 and Legislative decree 79/2011
10. 53
form the applicant must disclose personal data such as: name, place and
date of birth, residence, tax code and moreover the details of high school
or university certificates, as well as details regarding the working permit
as non-EU citizen. The applicant must also declare that has no criminal
records. The second step would be to pass an evaluation/examination
according to the legal framework of the selected Region by the applicant.
In case the non-EU tour guide could not pass the previous examination in
Italy, this activity could not be developed in the territory, neither
occasionally as occurred to third Member-states tour guide and the first
could not operate in Italy accompanying a group of tourists without the
presence of an Italian local guide, especially when the latter is required to
explain to tourists and to interpret for them the cultural and artistic sites
according to each Regional law, while the non-EU tour guides would
function as the person in charge to satisfy the tourist's requirements and to
solve any problems that may arise during their stay and travel in Italy.
Further developments
On the other hand, the full transposition of Art. 56 TFEU and of Directive
2006/123/EC was not concluded because of the shared competence
between State and Regions. Their constitutional mechanism in enacting
the related discipline delayed the functioning of freedom to provide
services by the tour guides. The consequence was a new infringement
proceeding activated by the EU Commission9
related to the failure by
Italy in fully transposing that EU discipline. Consequently, it was only
with a new piece of legislation10
that was granted to all EU tour guides,
irrespectively the state of origin, the freedom to provide service and, for
Italian qualified tour guides, the freedom to provide service in the whole
Italian territory, without any local authorization.
Nevertheless the dispute was not solved, because of two administrative
decrees of Italian Ministry of Tourism issued in 2015,11
which established
and created the ―specialized tour guide‖ by virtue of ECJ ruling of 1991
Commission v Italy, as explained above, which explicitly recognized a
derogation to the freedom of providing services while the protection of
general interest is at stake. The core issue is the correct and qualified
activity which allegedly only local tour guides could deliver in the
9 EU pilot 4277/12/MARK
10 Law 97/2013, art. 3.
11 Mibact Decrees 07.04.2015/11.12.2015
11. 54
interpretation and explanation to the tourists of the national cultural and
historic heritage. A misleading and poor providing of this service could
affect the same Italian national heritage and consequently infringe the
consumer protection. To comply with EU acquis and at the same time to
protect those general interests, those administrative decrees issued a new
list of 3176 Italian cultural sites which are subject to local ―specialized
guides‖, with the exclusion of tour guides coming from different regions
(or provinces). In other words, the notion of ―specialized tour guides‖ was
again utilized by Italian Government as a passe-partout to restrict illegally
the market and to favor local providers, while apparently the freedom to
provide services of third Member-states tour guides was guaranteed.
The landfall in front of the Council of State (the highest jurisdictional
body which is competent for administrative disputes in Italy) was
therefore unavoidable. The ruling12
declared void the above mentioned
Decrees of Ministry of Tourism, because they were limiting the EU
freedom of services principle. Particularly, the Council of State admitted
the power of Italian Ministry of Tourism to limit the freedom of providing
services and to restrict a fair competition, only when this limit is related
to upper reasons of national cultural heritage protection. Furthermore, this
power could be utilized exclusively when the internal legal framework
has no other measures more proportionate to achieve the same goal. That
is, under the principle of proportionality, the content and form of internal
legislation should not exceed what is necessary to achieve the objectives
of the TFEU. Furthermore, this principle of proportionality should be
based in an objective general interest which is not regulated by other rules
yet. In other words, the Council of State stated that an exaggerated
segmentation of the market could infringe the principle of proportionality.
A list of more than 3000 cultural sites of exclusive competence for local
tour guides seemed a measure disproportionate aimed only to protect
local workers by creating a false ―specialized tour guide‖ which services
in reality would cover the whole Italian territory, relegating the other tour
guides to play only a marginal role (Vipiana, 2017).
Tour Guide Profession de lege lata and de lege ferenda
It cannot be denied that EU law and its basic principles regarding the ban
on nationality as well as the place of establishment discrimination, the
freedom of movement for service providers and the freedom of
12 Judgement 2017/3859
12. 55
establishment apply as much in the tourism sector as any other. Tourism,
by definition, is a transnational and international subject-matter. It cannot
be limited by national or regional boundaries. Tour guides play a key role
in introducing the host state's culture to visiting tour groups and in
facilitating the freedom of tourists to benefit from their experience,
thereby increasing tourist satisfaction and consumer protection.
In this perspective, Italy has at last begun to put in place a draft of
framework law governing tour guides which conforms with EU
principles, particularly Italian Ministry of Tourism is drafting a new piece
of legislation to be submitted to the Italian Parliament. This new act
would regulate, from one side, the admitted derogation against the
principle of freedom of services, but strictly limited to protect national
cultural heritage, under reasonableness, proportionality and impartiality
criteria. Therefore it is expected a new list of special sites under
exclusivity of local tour guides. The number of special sites would
probably not exceed more than 20 sites, particularly those that are really
part of the collective consciousness of Italy (i.e. the Coliseum), in which
case even tour guides from third State-members would be excluded. On
the other side, Italian Government would reassert the principle of
―national qualification or authorization‖ which means that any qualified
tour guide would provide the services in the whole territory of Italy with
no boundaries or other territorial limitation.
Nevertheless, the scenario is not completely cleared up; in fact, at national
level tour guides associations are currently divided in two parties: the
conservative one which aim is to roll-back the legislation at the time of
the territorial exclusive, that is before the issue of the above mentioned
law 97/2013 and another part which is more focused in elevating the
quality of services to be delivered to the tourists and demands more
liberalization in the sector, without prejudice in any case of a prior
examination as the imperative legal requirement to become a tour guide.
At this stage, it is of important to make some considerations de jure
condendo. The coming legislation should issue a common definition of
the tour guide to be shared between State and Regions. In fact, a tour
guide is a person who not only guides visitors in the language of their
choice and interprets the cultural and natural heritage of an area but also
usually has qualifications in a specific area which has been issued and/or
recognized by the appropriate authority. In other words, tour guides not
only play an important role in communicating the cultural and natural
heritage of Italy to visitors but also help to ensure the sustainability of that
13. 56
heritage by making visitors aware of its importance. Tour guides are very
often the first and sometimes even the only contact persons that visitors
have. As such, they add considerably to the destination‘s reputation. As
key personalities between guests and hosts, and, at the same time also
serve as a marketing tool for domestic advertising.
Tour guides substantially contribute to the understanding of a country, a
region, and its self-perception. Their technical expertise; their special
knowledge of local and their personal, individually adapted tours enhance
the guest‘s experience. For this reason, the strict application of EU
principles in regard to the freedom to provide services should not mean an
uncontrolled deregulation of this intellectual profession. On one hand, tour
guide activity is mostly regionally specific and dependent on location with
comparatively little European mobility. Thus, professional qualification in
this field also has far fewer points of contact with freedom of establishment
and services as compared to qualifications for other professions. In other
words, it is the same tourist that requires a local tour guide.
From the perspective of consumer protection it is a matter of fact that
only an appropriately trained tourist guide can give the client authentic
and correct information and, thus, render reliable service in return for a
fee. On this regard, it seems valuable to oblige tour guides to subscribe an
insurance for civil liability to cover damages occurred in case of contract's
infringement. While tourist guide‘s only resource is the knowledge and
the quality of the communication of that knowledge – both require
technical competency, it seems desirable to establish a fair fee in line with
the importance and propriety of the service provided, without prejudice of
the EU competition law which prohibits any cartel aimed to false the
market and the fair competition of the providers. Furthermore, the tour
guide framework law should contain also a clear provision aimed to
delimitate the role of museums/church/etc. guides employed by these
bodies or even more carrying out their services for free as volunteers.
That is to recognize the role of tour guide as an intellectual profession that
deserved to be fully regulated (and not just authorized or qualified) like
other professions as lawyers, doctors, etc. On the other hand, being a tour
guide a fully-fledged profession, it is undoubtable that there is even an
increasing trend towards further training to be qualified as a tourist guide,
better towards a continuous educational training of this profession. That is
another objective that the coming law should address: to foster lifelong
learning.
14. 57
On the contrary, a mere abolition of the legal regulation of the tour guide
profession would lead to devalue the profession in general and be a
hardship that could hardly be communicated to all those hundreds of
micro-entrepreneurs who invested up years in their studying and training
and whose professional qualifications would thereby be devalued. In fact,
tour guides in Italy are for most exclusively sole proprietors who do not
run a physically existing business but whose entrepreneurship consists
exclusively of their personal, qualified service. If this service is deprived
of its legal basis by deregulating it, the profession will be completely
cleared out, and the market will be swamped with unqualified providers
such as the so-called ―free tours‖. Consequently the quality of service will
suffer. Additionally, training providers, publishing companies and
editors/distributors of technical literature, etc. would also experience
negative effects on employment.
With regard to safety issues, thanks to their professional and, more
importantly, regional knowledge of Italy, tour guides know immediately
what measures to take in case of health or security problems. Well-
trained, professional behavior in emergencies; precise knowledge of local
conditions (emergency numbers, etc.); first aid; knowledge of the on-site
traffic regulations and traffic organizations as well as the national
language are integrated components of regulated training and, therefore,
naturally part of tour guides‘ knowledge. Contrary to what an unqualified
guide would not be able to react appropriately quickly in emergencies.
Finally it has to be analyzed if the EU, in accordance to Art. 19513
of
TFEU, has a direct competence in complement the internal tourism
legislation of Member States in relation to the tour guides. On this regard,
it has to point out that Art. 195 TFEU is a norm that specifies a
13 The Union shall complement the action of the Member States in the tourism sector, in
particular by promoting the competitiveness of Union undertakings in that sector. To that
end, Union action shall be aimed at: (a) encouraging the creation of a favourable
environment for the development of undertakings in this sector; (b) promoting
cooperation between the Member States, particularly by the exchange of good practice.
The European Parliament and the Council, acting in accordance with the ordinary
legislative procedure, shall establish specific measures to complement actions within the
Member States to achieve the objectives referred to in this Article, excluding any
harmonisation of the laws and regulations of the Member States.
15. 58
competence which is categorized in the Article 614
of TFUE. While
Article 195 of TFUE seems sufficient to represent a legal basis to found
EU tourism law as an autonomous area, notwithstanding, the clear aim to
guarantee legislative space to the Member States drives EU to define
expressly the complementary competences and the sectors invested by,
which external limit is based on the assumption of the prohibition of
harmonisation of any internal laws and related administrative
implementing measures of the Member States.
In other words, while it seems clear that Article 195 of TFEU does not
allow to establish harmonization of tour guides discipline among the
Member-states, on the other side EU maintain the faculty to complement
tourism national policies in the key of Europe throughout this
complementary competence. This mean that it would be advisable, in
regard to tour guides, to formulate and implement actions with economic
impact aimed to boost this profession, as well as occurs usually in the
development of tourism industry. This necessarily implies the conclusion
that, on one hand, legally binding measures may be adopted as supporting
measures of tour guides profession according to the EU complementary
competence under Article 195 of TFEU, while on the other hand EU
binding legislation (namely regulations and directives) could reach indirect
effect of harmonizing the national tourism framework in this sector.
This is exactly the case of Directive 2006/123/EC which objective is to
realize the full potential of services markets in Europe by removing legal
and administrative barriers to trade. Could this aim of simplification
measures introduced by the Directive be relevant for tour guides and
consumers to provide or use these intellectual services in the Single
Market? There is no consensus to this question in Italy. Italian
Government always has considered the profession of tour guide as
governed only by Directive 2005/36/EC on the recognition of
professional qualifications and Italy applied that directive by protecting
the right to free movement of tourist guides, in keeping with the principle
of subsidiarity in force in relation to professions and cultural assets and
not as regulated by the Services Directive which instead provided for
14 The Union shall have competence to carry out actions to support, coordinate or
supplement the actions of the Member States. The areas of such action shall, at European
level, be: (a) protection and improvement of human health; (b) industry; (c) culture; (d)
tourism; (e) education, vocational training, youth and sport; (f) civil protection; (g)
administrative cooperation.
16. 59
exemptions from the authorization schemes and from the rule stipulating
that it must be possible to exercise the activity throughout the national
territory of a country for overriding reasons relating to the public interest,
such as the conservation of national historical and artistic heritage.
Notwithstanding the recent judgement stated by the Council of State, Italy
stresses that has a particularly rich cultural heritage, including almost 200
000 listed properties from different historical and artistic periods, and to
work properly, therefore, a tour guide requires a deep knowledge of that
heritage in a limited geographical area (regional). Therefore tour guides
thus normally specialize in the interpretation of a specific aspect of
cultural heritage, and their profession is not to be confused with that of a
tour manager who accompanies a group throughout their trip. The
consequence is that the rules governing the profession of tour guide,
being a matter closely linked to the promotion and conservation of
national heritage, should be fully exempted by Art. 10 of the Services
Directive in the application of the latter Directive.
In other words, beside the solution temporarily proposed to create a
proportionate, reasonable and impartial list of special sites in order to
accomplish with the local jurisprudence and the EU acquis, there is a
clear target by the Italian Government to reach a clarification, once and
for all, if the exemption provided for in Art. 10 of the Services Directive
should fully apply (this could mean to reinstate the territorial exclusivity
for reason of general interest represented by imperative reasons of
cultural heritage protection) or the maximum limit achievable could be to
create the above mentioned list of special sites, to be disclosed only by
local Italian guides. It is no small matter, being considered that the
performance of tour guides services in non-regulating third State-
members is high and de-regulation elsewhere is overdue. The
consequence is that tour guides accompanying incoming groups in Italy
have an uncertain status and they can explain the national cultural
heritage of Italy without having obtained any qualification in their origin's
country. Consequently, Italy is more focusing in amending the
Professional Qualifications Directive instead of the Services Directive
which regulation Italy does not consider tour guides falling in, claiming
for awareness of market abuse and commensurate action and trying to
extend a proposal of skills certificate of tour guides in all EU. In line with
this view, Italy stresses that, for all the reasons above stated, that the
organisation of trade fairs, the services of car rental as well as the services
delivered by a travel agency, a leisure service delivered by sports centres
17. 60
and amusement parks, all have nothing to compare with the tour guide
services which is performed by virtue of a professional activity or group
of professional activities, access to which, the pursuit of which, or one of
the modes of pursuit of which is subject, directly or indirectly, by virtue
of legislative, regulatory or administrative provisions to the possession of
specific professional qualifications aimed to protect an objective general
interest: that is the cultural national heritage.
On this regard, it is fundamental to analyse also the definition of cultural
heritage as a universal value for individuals, communities and societies,
to be preserved and passed on to future generations (Ferretti, 2013).
Particularly cultural heritage comes in many shapes and forms: tangible
(buildings, monuments, artefacts, clothing, artwork, books, machines,
historic towns, archaeological sites), intangible (practices,
representations, expressions, knowledge, skills, language and oral
traditions, performing arts, social practices and traditional craftsmanship),
natural (landscapes, flora and fauna) and digital (such as resources that
were created in digital form or that have been digitalised as a way to
preserve them including text, images, video, records) (European
Commission, 2018).
Being the tour guide the interpreter of all of this for the tourists, Italy
considers that this activity is something completely different from a mere
economic activity to be disciplined under the Services Directive. Neither
a derogation could be sufficient. The real target is the fully no application
of this piece of legislation for tour guides.
Conclusion
It cannot be denied that EU acquis regarding the suppress on nationality
discrimination and the freedom of movement for service providers
probably apply as much in the tourism sector as any other. The identity of
a territory which the tour guide seems to be the first advocate as well as
the the main promoter in introducing the state's culture to tourists
(Tavernese, Nicotera L., Nicotera R., 2014), it suggests that is difficult to
issue a governing law actually capable to strike the balance between the
freedom of movement for workers and the prerogatives of which local
authorities are very reluctant to cease to EU; not to mention the
undeniable effect on local employment, especially those tour guides
which have invested time and efforts to reach high skills at University
18. 61
level in studying local cultural heritage and consider essential a deep
knowledge of the territory to appropriately perform the related services to
the tourists. The scenario could be solved by delivering to EU a stronger
competence on tourism sector rather than the current complementary
competence in accordance with Article 195 TFEU, with the aim to
harmonise at least the basic principles of tourism, included the tour guides
law (Cavallari, 2016). The undesirable alternative is to expect further
litigation before the European Union Court of Justice in the near future to
definitively solve this dispute, which seems endless.
References
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Giappichelli, Torino.
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Legal sources
1. Commission v Italy, C-180/89, 26.02.1991
2. Constitutional Law 3/2001
3. Decree of Republic President of 13.12.1995
4. Directive 2006/123/EC on service in the internal market, OJ L 376/36,
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8. Judgement 2017/3859
9. Law 97/2013
10. Law 234/2012
11. Law Decree, 7/2007
12. Law 40/2007
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14. Mibact Decrees 07.04.2015/11.12.2015
15. Rulings 222/2008 and 271/2009 of Italian Constitutional Court