TOURISM AND COMPETITION IN THE ITALIAN LEGAL SYSTEM 323 logic driving the corresponding market, to the point of opening up and shaping innovative and, often, experimental touristic dynamics. The third reason, eventually, refers to the circumstance of tourism being seen from a juridical perspective, according to the point of view, as long as a distinction is made between the functional and structural layout of the public policies and those related to the multiple sectors of activities performed by private economic operators. It is not the purpose of this study to frame the perfect structure of the touristic sector in the Italian legal order. Instead, the aim is highlighting the tension between the juridical and public dimension of the Italian touristic sector after the impact of the rules implemented by the EU in favour of competition. Henceforth, in view of drawing the core critical profiles which have been generated, the study chooses to address the complex case of the concessions of the bathing establishments, as this is the epicentre of the tensions and contradictions with which the public administrations and the private economic operators have been called upon to live, painfully, for years now. Before proceeding in that direction, however, it is necessary to lay down some preliminary coordinates so that the whole structure of the interactions between tourism and competition in the Italian legal order can be read more easily. The starting point, in that respect, can only be the identification of the rules which govern the allocation of the legislative powers in tourism affairs and that of protection of competition. In fact, it is noteworthy that even in light of the Constitutional Court’s opinion, such as the one handed down in judgement no. 80 dated 5 April 2012, tourism can be counted among the subject matters left to the exclusive legislative power of Regions due to the clause of Art. 117, para 4, of the Constitution. Instead, the protection of competition belongs to the subject matters for which the State is exclusively competent, as per Art. 117, para 2, let. e), of theConstitution. Adding to such a picture are the more prevalent and extensively relevant EU regulations in this sector (as the case of Directive 2006/123/CE clearly shows). It is perfectly understandable how tourism is at the centre of different core and intertwined legal orders, which run away from the substantial borders and acquire a paradigmatic value imbued with more general dynamics and tensions. The paradigmatic outlines of all the aforesaid elements, as mentioned, also belong to the case of the complicated connections between the regime of the concessions of bathing establishments, the corresponding market of reference
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