Tourism Law in Europe

4 with the priority objective of relaunching the sector, which has been severely affected by the COVID-19 emergency. As such, its fundamental functions are the coordination, planning and promotion of national tourism policies, the launch of national strategies for the country’s competitiveness, as well as of the “Made in Italy” brand, the development of initiatives to increase supply, the supervision of bodies such as ACI, CAI and ENIT and international and EU relations. Relations with the Regions are carried out not only according to the principle of “loyal cooperation” and their involvement in the launch of tourism policies but also through “ memoranda of understanding” and “agreements” adopted within the institutional framework of the State-Regions Conference. Specifically, promoting a consistent image of the Italian tourist offer abroad is entrusted to ENIT, which promotes its marketing also in order to make it competitive on international markets. Under article 57 of the Tourism Code, ENIT is a body with legal personality under public law, enjoying statutory, regulatory, organisational, asset, accounting and management autonomy, subject to the direct guidance and supervision of the Minister of Tourism. Indeed, the Italian Constitutional Court has resolved that “because of the fragmentation of Italy’s tourist offer, a single comprehensive promotional activity is required; the action must be proportionate and not general over the entire tourist sector, that is, the State can only attract what is necessary in order to provide the world with a single comprehensive image, thus legitimately exercising its functions through ENIT” 10 . 3. The Competences of the Italian Regions The twenty Italian Regions and the Autonomous Provinces of Trento and Bolzano have exclusive competence over tourism. Since 1970, when they were established so as to implement constitutional provisions – well before the 2001 constitutional reform –, the Regions have been developing an intense legislative activity in the field of tourism, accompanied by an equally significant administrative activity. 10 See the rulings delivered by the Constitutional Court on 1 June 2006, no. 214, and on 20 March 2009, no. 76.

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