The Italian government is taking the Tuscany Region to the Constitutional Court over its new tourism law, which aims to curb overtourism and prevent depopulation in historic city centres.
Tuscany recently introduced regulations to provide a legal framework for municipalities struggling with the impact of short-term rentals, B&Bs, and guesthouses on residential housing. Florence is the main focus, but other provincial capitals and even Viareggio are reportedly affected.
The government argues the new regulations are unconstitutional, particularly in how they restrict business freedom and exceed the powers granted to regional authorities. “The Meloni government has challenged Tuscany’s short-term rental law, an essential move against yet another unrealistic attempt to legislate independently,” said Fratelli d’Italia senator Paolo Marcheschi. He welcomed the Council of Ministers’ decision to take legal action.
The tourism law has sparked protests from property owners, who, through industry associations, claim it unfairly limits their ability to rent properties to tourists. Political parties such as Fratelli d’Italia and Forza Italia have supported this view, and now the national government is taking the issue to court.
Two tourism laws under review
Two specific laws are under scrutiny. The first, passed on 17 January 2025, concerns hiking shelters, guesthouses, and B&Bs. The government claims it conflicts with national business laws and violates several constitutional articles. The second is Tuscany’s Consolidated Tourism Act, dated 31 December 2024, which the government argues contradicts national and EU laws on business freedom, competition, property rights, and cultural heritage protection.
Tuscany’s regulations give high-tourism municipalities the power to introduce tailored local rules. These could include limits on short-term rentals in certain neighbourhoods or districts suffering from excessive tourism. Restrictions might be temporary, set a maximum number of rental days, or even enforce an outright ban in specific areas.
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Regional President Eugenio Giani expressed surprise at the government’s move, calling it a “sensational decision.” He defended the law as a “common-sense approach” developed through consultation with business groups and local communities. “This legislation provides a balanced way to manage tourism flows while considering residents’ needs,” Giani said.
He also criticised the government’s stance on regional autonomy, arguing that despite its rhetoric, it remains centralist in practice. However, Tuscany will proceed with the legal process and present its case before the Constitutional Court.
