TOURISM AND COMPETITION IN THE ITALIAN LEGAL SYSTEM 329 The basis to opt for the managerial model of a joint enterprise must be the need of creating a common organisation with a private entity, which is specifically selected with the purpose of obtaining experience from technical and scientific skills, and gained by the private operator itself. Setting aside the technicalities of the aforementioned models, upon which we cannot reflect any longer, it is interesting to understand the choice of organising the public policies in the touristic sector by mean of models connected to the public-private partnership, a joint enterprise and to the in house providing, therefore taking place through direct award without a competitive procedure. In the touristic sector, we also have a structure with a plurality of organisational schemes and formulas that answer to the several needs of thepublic administrations at stake, forming a clear interpretation of a system with a variable geometry; a system where the public policies are promoted and the correspondent functions and activities are performed both directly, through specific offices and in house companies, and indirectly, through partnerships. On the whole, the competition principle acts on the organisational side of the public policies in the touristic sector, operating as the core of the whole articulation of the Italian legal order. The performance of the administrative functions given to the different entities at stake must be connected with the legal provisions safeguarding the competition, starting with those related to the award of public contracts regarding works, services and supplies in the touristic sector. The readiness and the realisation of the public works, as well as the public benefits linked to the promotion and performance of the touristic activities, such as the touristic harbours, are subject to the legal framework provided by the EU law and the measure transposing it into national law. 4. TOURISTIC POLICY AND COMPETITION DYNAMICS IN ITALY: SEEKING A NEW CENTRE OF GRAVITY? In light of the picture framed above, conclusions can be drawn about the status and the perspectives of the competition dynamics in the touristic sector. The definition of the public policies in the touristic sector, indeed, is called upon to engage with the competitive dynamics that, with a growing intensity, have developed at a local, national and even supranational level.
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