La fragile residualità della materia "turismo": un difficile equilibrio di competenze tra Stato e Regioni

With the constitutional reform of 2001, "tourism", from a matter of concurrent competence between the State and the Regions, became a matter of residual regional competence, as confirmed several times by the Constitutional Court. However, this "transition" has remained, in many ways, only formal, because it has not produced, in practice, a real change either in relation to the state or regional space of intervention. For many aspects of the tourism legislation, indeed, State action continued to appear "inevitable", especially for the "national" dimension of the economic and image interests connected to the tourism sector, which justified the frequent intervention by the central government. This paper aims to reconstruct the boundaries of this complex and multifaceted matter and to highlight, through the analysis of constitutional jurisprudence, the interferences with state concurrent and exclusive competences, as well as the recourse to the "call for subsidiarity" and to the canon of "loyal cooperation". Finally, the paper analyzes Regional regulatory intervention on tourism, produced from 2001 onwards, in order to understand the real use made by the Regions of this theoretical exclusive competence.