Evoluzione della disciplina pubblicistica in tema di apertura di agenzie di viaggi e turismo nelle politiche di semplificazione amministrativa, tra giurisprudenza costituzionale e leggi regionali

The tourism legislation has passed through various legal processes that have changed its regulatory authority and arrangement many times. In the context of tourist management public authority has increasingly interfered with tourist businesses due to the sector operators’ needs to take this activity under control and to the nature of their underlying interests. At the same time, there has been a copious and fragmented legislation proliferation on the topic, which has led to lots of doubts and interpretative uncertainties. Recently, the constitutional intervention has represented an interesting aspect because it has committed the definition of a series of aspects to the local legislator, especially to the Regions, dividing the discipline into two big sections: the advertisement section (founded at a local level) which regulates all administrative and bureaucratic aspects, compliance with obligations, controls on the businesses which are involved in tourist activities; and a private section that regulates all relationships between the tourist operators and the tourists and which is regulated at a national level. In this context the advertisement legislation of travel agencies has been analyzed, given that travel agencies are considered as a subcategory of the tourist business, with the attempt to rebuild the troubled evolution from a legislative and historical point of view. Actually, the initial normative form established a very strict law system for travel agencies which depended on license. With the passing of time, this regime made the implementation process of the travel agency tourist business activity more demanding, this way threatening its development inexorably. As a consequence, over the years demands (recognized within the European environment as well) have developed into a simpler legislation aimed at encouraging and facilitating the entrepreneurs to develop this kind of activities. Over the years, a modification of the discipline is in action and it is c