The Presentation of the Service of Tourist Guide in the European Union’s Legal Framework: Approach to the Spanish Case F. Javier Melgosa Arcos1 Abstract; I. Background; II. The regulation of the tourist guide profession in Spain: Exclusive competence of the autonomous communities; III. Tourist guide and the freedom to provide services in the European Union; IV. Effects of the Directive 2006/123/EC on the tourist guide profession; V. Collaborative economy and tourist guides: the free tours; Bibliography. ABSTRACT Tour guides play an important role in the organisation of a cultural trip. However, this profession, whose fundamental mission is to provide cultural, artistic, historical, and geographical assistance to visitors on their visits to cultural heritage sites, has evolved considerably since the first cultural tours began in Spain during the 19th century. In the 1978 Constitution, its regulation is the exclusive competence of the autonomous communities and meant the change from single state legislation, for the whole country, to seventeen autonomous community laws which, although they coincide in essence, also present some differences. However, Directive 2006/123/EC, known as the “Services Directive”, has brought about a change from a restrictive and localist regime to one that is open to all guides authorised in Spain and to nationals of EU Member States. Along with this liberalisation in all European countries, there has also been the consolidation of free tours, which have generated a great deal of controversy. Keywords: Tour Guides, Free Exercise, Free Tours. 1 Professor of Administrative Law, University of Salamanca.
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