The Reaction of Local Authorities to the Proliferation of Short-Term Rentals: Regulatory Perspectives and Legal Disputes in Italy
The ongoing digitalization of economic and social relations – most visibly manifested in the rise of digital platforms – has deeply affected urban centers, despite lacking a territorial anchor. These new dynamics pose significant challenges for cities, as they often evade traditional taxation systems and the ability of local governments to monitor territory and manage tourist flows.
Attractive urban areas are particularly affected by the phenomenon known as “airification”[1], that is, the transformation of a significant number of residential properties from long-term housing to short-term tourist rentals[2]. This process, which exacerbates overtourism, has far-reaching impacts on the livability of historic city centers: from the scarcity of essential services to the replacement of local businesses, rising rents and property prices, and the displacement of vulnerable groups – such as renters, students, migrants, or people with disabilities – and ultimately of long-term residents, due to declining quality of life.
This scenario stands in stark contrast to Henri Lefebvre’s 1978 reflections on the “right to the city”[3]. Instead of fostering collective, collaborative urban life, the city is increasingly treated as an asset – either through concentrated ownership of housing stock for tourism purposes or via its transient use by short-term visitors.
This fragmented and conflict-laden context involves overlapping competences at the national, regional, and local levels. Most regulatory attempts concerning short-term rentals have, in fact, been subject to litigation before both the Constitutional Court and administrative judges.
In Italy, the national legislator first intervened through the so-called “Airbnb Law” (Art. 4 of Decree-Law no. 50/2017), which primarily addressed tax compliance. The law required intermediaries, including digital platforms, to report rental data, withhold a 21% tax on payments, and – if not based in Italy – appoint a tax representative in the Country.
Airbnb challenged these provisions, claiming its classification as an “information society service” under Directive 2000/31/EC, a status previously affirmed by the CJEU in response to a preliminary reference from a French administrative court, using the so-called Uber Test[4]. The platform brought a case before the Regional Administrative Tribunal (TAR) of Lazio; after the TAR upheld the law, the Council of State made a new preliminary reference to the CJEU[5], questioning whether the law violated the EU principle of free movement of services (Art. 56 TFEU)[6]. The CJEU ultimately confirmed the law’s validity, finding that most of the contested provisions were proportionate to the legitimate aim of combating tax evasion.
While awaiting the CJEU ruling, several municipalities – despite their weak bargaining position – entered into agreements with Airbnb, mostly concerning the collection of tourist taxes and the promotion of fair rental practices, criticized by some for being overly dependent on the platform’s negotiating power and lacking effective enforcement tools; in 2022, though, Airbnb began directly collecting tourist taxes in Italy and signed a cooperation agreement with the National Association of Italian Municipalities (ANCI) to support local authorities.
Following that ruling, the national legislator introduced other provisions, beyond taxation, such as the requirement for a National Identification Code (CIN) under Decree-Law no. 145/2023. As legal scholarship has pointed out, however, in addressing the urban and housing impacts of short-term rentals, regional authorities, despite their significant regulatory powers, have largely been absent from the debate[7], even though some Regions have recently taken action[8]. Notably, over the next few months, the Emilia-Romagna Region is launching a participatory process aimed at drafting a regional law on short-term rentals, involving local governments as well as stakeholders representing the various and often conflicting interests at stake[9].
Today, the first examples of local regulation – often built upon regional legislation – show diverging approaches. The City of Bologna, for instance, pending the regional law on short-term rentals, amended the General Urban Plan (PUG) and the Building Regulation, including a minimum size of 50 square meters for tourist rental units, the creation of a dedicated urban zoning category for B&B properties, and other provisions. This strategy relies primarily on the municipal authority over urban planning: this field is indeed recognized by courts as a constitutionally protected value and thus inherently multi-level, going beyond a simple allocation of administrative tasks, and the amendments were upheld by the administrative judge[10].
Other attempts to regulate short-term rentals with a more tourism-focused approach – such as in Sirmione, where the local rules were based on the region’s tourism legislation – have fared less well in court. The Council of State overturned a ruling by the TAR of Brescia[11], which had allowed the municipality to ban tourist rentals in certain cases (e.g., properties without adequate parking): the Council held that non-commercial tourist rentals fall outside the scope of public authorities’ prescriptive or prohibitory powers. The ruling, nevertheless, was based on Lombardy’s regional law and therefore the outcome cannot be generalised.
The City of Florence, on its side, adopted a further approach, in some ways similar to that of Venice, by linking the issue of short-term rentals to the protection of its historic center as a UNESCO World Heritage Site: this strategy was first implemented with an amendment to the General Urban Plan, which was the matter of a ruling by TAR Toscana[12] decided on procedural grounds, while a Regulation more focused on the tourist aspects of short-term rentals is currently being approved. This solution overlays cultural heritage and landscape protection with tourism policy and urban planning.
These emerging regulatory perspectives need close attention. Beyond informing possible solutions to the challenges posed by short-term rentals, they offer valuable insight into the evolving balance of powers within Italy’s multi-level governance system: an issue that may reemerge in other policy areas affected by global phenomena.
[1] S. Picascia, A. Romano, M. Teobaldi, The airification of cities: making sense of the impact of peer to peer short term letting on urban functions and economy, Proceedings of the Annual Congress of the Association of European Schools of Planning, Lisbon 11-14 July 2017.
[2] M.E. Bucalo, I servizi delle piattaforme online fra giurisprudenza sovranazionale e interna e necessità di regolazione dell’economia collaborativa. Riflessioni a partire dal caso Airbnb, Federalismi.it, 22, 2020. [3] H. Lefebvre, Le Droit à la ville, Paris, Anthropos, 1968. [4] C-390/18 [5] C-83/21. Cons. di Stato no. 9188/2023. [6] F. Pizzolato, D. Testa, Libertà economiche ed autonomia locale: strumenti e lacune della tutela giurisdizionale, in M. Bertolissi, C. Pagliarin (a cura di), Il destino delle risorse pubbliche. Reperimento gestione giurisdizione, Napoli, Jovene, 2023. [7] D. Tumminelli, Le “locazioni brevi” e il (mancato) ruolo svolto da Regioni ed enti locali nella materia del “governo del territorio”, Istituzioni del Federalismo, 1, 2023. [8] F. Fracchia, P. Pantalone, Salvaguardia delle identità locali, corretto uso del territorio ed esigenze del mercato: il caso delle locazioni brevi ai tempi della sharing economy, Consulta Online, 1, 2022. [9] For further information, please refer to the following link: < https://www.regione.emilia-romagna.it/notizie/2025/aprile/casa-via-al-percorso-verso-una-legge-regionale-per-disciplinare-gli-affitti-brevi-a-uso-turistico-il-primo-tavolo-entro-maggio>. [10] TAR Emilia-Romagna no. 308/2025. [11] Cons. Stato no. 2928/2025. [12] TAR Toscana n. 858/2024.
When the Sea Rises: A Climate Movement Led by the Pacific’s Young Voices
In a world increasingly shaped by climate catastrophe, voices from the most vulnerable regions are rising, not in desperation, but with determination and power. One of the most powerful examples comes from the Pacific Islands, where young climate leaders are reframing international law and policy with their courage and clarity.
At the forefront is Cynthia Houniuhi, president of Pacific Islands Students Fighting Climate Change (PISFCC) and a law student at the University of New South Wales. In March 2023, she watched as the United Nations General Assembly voted overwhelmingly in favor of a resolution to seek an advisory opinion from the International Court of Justice (ICJ) on countries’ legal obligations to address climate change.
“Our world is an island, and it is drowning because of inaction,” Cynthia wrote.
A Movement Born in a Classroom
What began in a law classroom in Vanuatu has grown into a global legal movement. In 2019, 27 students from eight Pacific Island nations explored bold legal pathways to hold major polluters accountable. Their boldest idea to petition the ICJ quickly gained traction with the support of their government and international allies. In 2023, that dream became reality.
But for these students, climate change is not a theory, made-up concept or story. It is a live crisis that is happening, they are in it, they feel it and experience it daily. Cynthia, who grew up in the Solomon Islands, speaks not of abstract models or rising graphs, but of lost homes, flooded ancestral lands, and a cultural identity slowly being eroded by rising seas.
“Climate change is the deaths of our people, whose losses we feel… It is wanting to move back to our childhood homes but knowing they will be flooded in a matter of years.”
The island, which is Cynthia’s hometown, Fanalei has already been severely impacted. On a return trip to bury her grandfather, Cynthia saw firsthand how over 80% of residents had been forced to relocate due to food shortages and rising sea levels.
The Power of Legal Action
The ICJ case, although advisory, could reshape the global climate response. While not legally binding, an ICJ opinion would carry strong moral and legal authority, influencing national courts and international negotiations alike. It’s a bold move by young activists who’ve learned that climate justice requires legal teeth.
“In the face of an existential threat to our people, ambition is what we need,” she explains.
And it is not just ambition, it is leadership, stewardship and ownership. These young islanders are demanding global accountability. They are redefining what it means to lead in the climate era, not from behind closed doors in boardrooms, but from communities already feeling the water rise.
A Call to All Generations
Cynthia’s story is deeply personal. She plans to one day pass down her grandmother’s rorochara, a traditional shell headpiece, to her future children. But she worries that by then, there may be no island left to connect that heirloom to its origin. This painful uncertainty drives her and others to action, not just as climate activists, but as guardians of their cultural memory and identity.
The students’ campaign is not just a legal movement; it is a moral awakening. They urge the global community to act with urgency, to not let the slow machinery of international diplomacy leave their islands submerged and forgotten.
“Look at your home and imagine it disappearing under water, as mine is. Ask yourself what action that motivates you to take.”
Why This Story Matters
This movement is not just about the Pacific. It is a signal to all of us that climate change is not a distant threat; it is a present reality. And it calls for more than sympathy; it calls for shared responsibility, ambition, and above all, solidarity.
As policymakers debate carbon markets and transition timelines, Cynthia and her peers remind us that real lives and cultures hang in the balance. Their courage shows what is possible when grassroots advocacy meets global legal action.
To learn more about the Pacific Islands Students Fighting Climate Change campaign, visit https://www.pisfcc.org.
Based on: Cynthia Houniuhi, “Pacific Islands students fight climate change,” Nature, vol. 618, 2023.
End of the second edition of the “Technology Transfer” Program – CTE December 5th, 2024
The second edition of the “Technology Transfer” program has come to an end. On December 5th, at the CTE Roma – Casa delle Tecnologie Emergenti, in the presence of the Councilor for Productive Activities and Equal Opportunities, Monica Lucarelli, the six selected SMEs presented their projects, developed in collaboration with the four partner universities (Luiss Guido Carli University; Università di Roma Tor Vergata; Sapienza Università di Roma; Università degli Studi Roma Tre).
Following this, a roundtable discussion took place, moderated by Aleardo Furlani (INNOVA – Technology Transfer and Valorisation), titled: “Governance and Continuous Learning: Challenges, Best Practices, and Success Factors of Technology Transfer Offices.”
The panel included: Michela Michilli (Head of Space Economy Accelerator & Technology Transfer Lazio Innova); Leonardo Massa (Managing Director MSC Cruises); Valentina Gazzarri (Intellectual Property Lawyer BUGNION SpA); Vittorio Cesarotti (Director of the Executive MBA Università di Roma Tor Vergata); Christian Iaione (Co-Director MSc Strategic Management, Innovation & Sustainability Luiss Guido Carli University).
LABTECH Reggio Emilia: “Energy Communities: What They Are and How They Work” – December 4th, 2024
LABTECH Reggio Emilia: “Energy Communities: What They Are and How They Work”.
On December 4th, at the Orti Spallanzani Neighborhood Center in Reggio Emilia, the President of LabGov, Alberica Aquili, and Davide Testa, a Ph.D. candidate at Luiss Guido Carli University, presented “Organizational Models for Energy Communities.”
These are four training and information sessions dedicated to the topics of energy transition. During yesterday’s meeting, the focus was on the legal and governance models of energy communities, to foster a fair and democratic energy transition.
“Io ci sono. Gli attori del civismo e della solidarietà: mutazioni molecolari e processi costituenti” – CSV Lazio ETS, December 3rd, 2024
On December 3, 2024, at 4:30 PM, an event will take place at CSV Lazio ETS (Via Liberiana, 17 – Rome), inspired by the book 𝘐𝘰 𝘤𝘪 𝘴𝘰𝘯𝘰. 𝘎𝘭𝘪 𝘢𝘵𝘵𝘰𝘳𝘪 𝘥𝘦𝘭 𝘤𝘪𝘷𝘪𝘴𝘮𝘰 𝘦 𝘥𝘦𝘭𝘭𝘢 𝘴𝘰𝘭𝘪𝘥𝘢𝘳𝘪𝘦𝘵à: 𝘮𝘶𝘵𝘢𝘻𝘪𝘰𝘯𝘪 𝘮𝘰𝘭𝘦𝘤𝘰𝘭𝘢𝘳𝘪 𝘦 𝘱𝘳𝘰𝘤𝘦𝘴𝘴𝘪 𝘤𝘰𝘴𝘵𝘪𝘵𝘶𝘦𝘯𝘵𝘪 by Giuseppe Cotturri.
Professor Christian Iaione, Professor of Public and Administrative Law at Luiss Guido Carli University and Co-Director of LabGov, will also participate.
The event will be moderated by Renzo Razzano from CSV Lazio ETS and offers the option to join online via the following link: https://lnkd.in/diAaCWhR




