TEACHING TRAVEL AND TOURISM LAW IN ITALY Prof. Avv. FRANCESCO MORANDI, Ph. D. Dean of the School of Economics and Management of Tourism – University of

TEACHING TRAVELTEACHING TRAVELAND TOURISM LAW IN ITALYAND TOURISM LAW IN ITALY

Prof. Avv. FRANCESCO MORANDI, Ph. D.

Dean of the School of Economics and Management of Tourism – University of Sassari, Italy

IFTTA Congress – Roma, september 2010, the 3rd

The “Italian job”The “Italian job” The education The education systemssystems

The generalThe generalcontentscontents

Old and newOld and newteaching teaching instrumentsinstruments

AGENDA / SUMMARYAGENDA / SUMMARY

THE “ITALIAN JOB”THE “ITALIAN JOB”

The original (1969)The original (1969) The remake (2003)The remake (2003)

TEACHINGTEACHING STUDYINGSTUDYING LEARNINGLEARNING

“TEACHING” + “STUDYING” + “LEARNING”

SOME QUESTIONS CONCERNING TOURISM LAW

1. The “origins” and the “remake”: which is the evolution from 1969 to present?

2. The tourism has deeply changed: did we change our way to teach Tourism Law?

3. “Education” and “tourism”: two terms that don’t get along together?

FIRST REFLECTIONS

(a) The tourism today is an industry that requires new skills, high professionality and a scientific approach

(b) We have to pay attention mostly on “learning” Tourism Law


THE OCCUPATION IN TRAVEL AND TOURISM


THE EMPLOYMENT IN TRAVEL AND TOURISM

In general – 2,5 million of employees in tourism (the 10,6% of the total)– only the 3,4% has a degree (in France the 9,8%; in Spain the 16%; Portugal, with 3,3% has a value below Italy in the EU)

A benchmark with the other economic sectors:– bank, insurance and financial services: 44,8% of graduates;– ICT: 33,2%;– services and tertiary sector: 11%;– industry: 5,8%.

If we consider only the hospitality sector:– the average of the graduated employees increases at 5,9%– below the national average: 14,4% of graduates in all the other sectors– for the new employment only the 1,4% will be graduated– never forget: in Italy, we have more than 33.500/34.155 small hotels managed by family workers!


THE DIFFERENT LEVELS OF EDUCATION

THE EDUCATION SYSTEMTHE EDUCATION SYSTEM

The High The High SchoolsSchools

The UniversityThe University The executive The executive educationeducation

The “Life long The “Life long learning”learning”

THE HIGH SCHOOLS


• Represent a very relevant tradition for education in tourism

• Professional Schools (529!) in: – hotel and restaurant services – commercial and touristic services – touristic tecnichs

• Travel and tourism law is taught as “Tourism Legislation” (takes origins in public law and then expands in all the other fields)

• In 1992 they “generate” the University “degree” in “Economy and management of tourism”

THE UNIVERSITY


1992: University “degree” in “Economy and management of tourism”

1999: the “Bologna Process” (agreement between 45 European Countries) aims to create a European Higher Education Area (EHEA) within 2010

1999: first reform of the University curricula Italy adopted the 3 + 2 system

2004: the second reform of the curricula

2007: the third reform: – the “degree” (bachelor: 3 years) – the “magistral degree” (2 years more) – the “master degree” (ll.m.; 1 year)

THE “DUBLIN DESCRIPTORS” (2004)

The so-called “Shared ‘Dublin’ descriptors” are general statements of the expected attributes of a student following completion of a (inter alia) Bachelor, Master and Doctoral avard. The descriptors have been developed by the Joint Quality Initiative with a focus on general higher education.

In particular, we have to define:• the specific goals and the description of the curricula • the learning outcomes related to: – knowledge and understanding; – applying knowledge and understanding; – making judgements; – communication skills; – learning skills.• required knowledge for access • occupational possibilities for graduates • consulting with entrepreneurs, business owners, professionals

The focus in on The focus in on the learning skills!the learning skills!



“DEGREE” (3 years)Economy and

management of tourism

“MASTER” of first level (1 more year)

“MAGISTRAL DEGREE” (2 more years)

“MASTER” of second level (1 more year)

School of Economics

School of Law(5 years)

School of Human letters

Tourism Law(economists)

Tourism science

Law

Tourism Law(non lawyers)


Tourism Law(lawyers)

The levelThe level The SchoolThe School The curriculaThe curricula The coursesThe courses

School of Economics(2 years)


Tourism Law – Advanced

Management of tourism

“MAGISTRAL DEGREEIN LAW” (5 years)

School of Human letters (2 years)

Planning and management of tourism systems

Tourism Law (non lawyers)

THE UNIVERSITY CURRICULA


• University degrees in Tourism: – 54 first level (3 years / bachelor) – 35 second level (2 years more) – 40 University masters

• Students: – 7.113 in the first level – 587 in the second level

• Graduates: – 3.271 for the first level – 168 for the second level

WHO ARE THE GRADUATES IN TOURISM?


– 72% are women (the national average is 52%)

– the 50% has a technical education, while the 20% as a linguistic certificate and the 23% a scientific curriculum

– the average mark at the exams is 25,8/30 (below the national average)

– the average mark at the degree is 99,4/110 (below the national average)

– they usually graduate before the students of other curricula

– after the degree (3 years for the bachelor) only the 59,5% decide to continue studying (below the national average of 78,6%)

THE POST GRADUATE LEVEL:WHAT ABOUT TOURISM LAW?


The executive education

The “Life long learning”

The Italian experience:– educational for entrepreneurs and business owners

– teaching activities for private and public associations and representatives

– continuing legal education - updating courses for lawyers (advocates and judges)

We still need:(a) a solid path

(b)an “official” course and/or curricula

(c) an (international) accreditation

THE CONTENTS

We have to consider, at least:

• kind of person we teach to (level of education; personal experiences; professional skills; motivation and interests; if worker or not)

• award we have to reach (kind and level; learning outcomes)

to establish, at minimum:• what to teach (areas of law to cover; level of knowledge of the contents; materials to use)• how to teach (teaching strategies; instruments to use; kind of exam and/or evaluation)

Keep the learning at centre!

THE TEACHING ACTIVITY

THE CONTENTS

Homer and Langley Collyer were two brothers who became famous because of their compulsive hoarding. In their home at 2078 Fifth Avenue in Manhattan they obsessively collected every item.Both were found dead (in 1947) in the hose where they had lived as hermits, surrounded by over 130 tons of waste that they had amassed over several decades.

THE RISK

THE COLLYER’S SYNDROME

THE CONTENTS

THE EVOLUTION OF THE CONTENTS

1. At the beginning, the focus was on the public regulation of the tourism – because of the origins of Tourism Law in Italy (in 1910 we had the first organic regulation, concerning public sector) – in 1940 the voice: “Tourism” in the Italian Digest is written by an anonymous and the subject is considered an «exotic term».

2. Then, we had the influence of the teaching activity of the High Schools of tourism (which have a long tradition also in Tourism Law; the subject was called “Legislazione del turismo” – “Tourism Legislation”)

3. At the end, in 1999, we wrote the first handbook of Tourism Law: – we needed a new instrument thought for University level (for students of the School of Economics); – I obtained a grant for a new Jean Monnet Chair in “EC Tourism Law” (the first experience of teaching Tourism Law in a School of Law); – we thought possible to overcome the traditional distinction

private/public (considering Tourism Law as a “sui generis” subject).

4. In less than 10 years the approach to Tourism Law has deeply changed.

THE TEACHING INSTRUMENTSTHE TEACHING INSTRUMENTS

19191919 1998 - 2010 (IV ed.)1998 - 2010 (IV ed.)

THE CONTENTS

THE STRUCTURE OF THE HANDBOOK REFLECTS THE WAY TO TEACH

• In the first edition (1999) we divided the subject in: – institutions and general regulation (legal source system; international and EU aspects; govern and land power) – business and professions (hospitality; travel agents; tour operators; professions) – types of tourism and activities – contracts.

• In the next edition (2010) we complete and simplify the structure: – foundations / contracts / activities.

• In the future edition (2012) we’ve decided to divide “the One” in three (general topics; civil and commercial; public, EC and international law); – in the “general part” (the real “Handbook”) we will try to: (a) give a general overview of all the items that compose the subject;

(b) identify the principles that found Tourism Law; (c) still overcome the traditional division private/public; (d) following the needs of the University teaching “market”.

20032003 20102010

THE NEW TEACHING INSTRUMENTSTHE NEW TEACHING INSTRUMENTS

• Italian Society of Tourism Law (a universitary scientific society)

• 40 members

• professors and researchers distingushed for the contribution given to the scientific research concerning travel and toruism law

The foundation day: 2008, october 23rd

Internet users in the world 1.733 miliardi/billion (25% of the population)Internet users in the world 1.733 miliardi/billion (25% of the population)

Nord AmericaNord America74,2%74,2%

OceaniaOceania60,4%60,4%

EuropaEuropa52,0%52,0%

AVERAGE OF INTERNET USERS IN THE WORLD POPULATIONAVERAGE OF INTERNET USERS IN THE WORLD POPULATION


AVERAGE OF INTERNET USERS FOR ACTIVITYAVERAGE OF INTERNET USERS FOR ACTIVITY

3°3°1°1°



IFTTALL.M.

DEGREE

IFTTALL.M.

DEGREE

FINAL CONSIDERATIONSFINAL CONSIDERATIONS

THE “PERSON” AT THE CENTER

1. The focus should be on: teaching, studying or learning?

2. The “Italian job”: our “tresure” is the education system

3. The real value: «Greater solidarity at the international level is seen especially in the ongoing promotion — even in the midst of economic crisis — of greater access to education. The term “education” refers not only to classroom teaching and vocational training — both of which are important factors in development — but to the complete formation of the person. In order to educate, it is necessary to know the nature of the human person, to know who he or she is. An illustration of the significance of this problem is offered by the phenomenon of international tourism. We need to develop a different type of tourism that has the ability to promote genuine mutual understanding, without taking away from the element of rest and healthy recreation. Tourism of this type needs to increase, partly through closer coordination with the experience gained from international cooperation and enterprise for development (Benedict XVI, Caritas in veritate, § 61)».

4. “Education” & “tourism”: is that we have to do also in teaching Tourism Law in an international context of cooperation.

Thanks for your kind attention!

Prof. Avv. Francesco Morandi

University address: [email protected] Firm address: [email protected] / www.danovi.it

Documents

TEACHING TRAVEL AND TOURISM LAW IN ITALY Prof. Avv. FRANCESCO MORANDI, Ph. D. Dean of the School of Economics and Management of Tourism – University of