Regioni e ”overtourism”: la regolamentazione delle locazioni turistiche brevi

The paper examines how the rise of overtourism has prompted some Italian Regions to innovate the regulation of short-term rentals (STR), overcoming a long period of central Government inaction. It analyzes the «pilot» laws adopted by Tuscany, Emilia-Romagna, and the Autonomous Province of Bolzano, which employ different instruments (caps, urban planning use designations, and the so-called «Bettenstopp») to safeguard housing affordability, residential life, historical-artistic heritage, and urban quality. In its recent judgment no. 186/2025, the Constitutional Court acknowledges the phenomenon and upholds broad areas for regional intervention, identifying the constitutional principle of subsidiarity and the social clauses of the Constitution (Articles 41.2 and 42.2 IC) as the main legal foundations. However, these noteworthy regulatory frameworks also present contradictions and implementation complexities, partly due to conflicts with the central Government, as well as delicate transitional phases. Overall, the picture suggests the emergence of a new and more proactive role for the Regions in governing tourism, through the promotion of sustainability, re-regulation of the sector, and the strengthening of local autonomy.