Collective Commentary about the New Package Travel Directive

518 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE In addition to the main sanctions, tourism laws provide for a series of accessory sanctions, such as the temporary suspension of the exercise of tourist services and the temporary closure of the establishment or accommodation unit, the permanent cessation of the exercise of tourist services and the final closure of the establishment, the revision of the category, the revocation of the qualification for the exercise of profession, etc. Criteria for adjusting sanctions are also established in all the regulations; that is, a series of criteria that will act as mitigating or aggravating factors. Some examples are: a) The rectification during the processing of the sanctioning procedure of the anomalies that gave rise to its initiation or the repair of the damages caused. b) The damages caused to tourists or third parties. c) The number of people affected. d) The illicit profit obtained. e) The economic volume of the activity. f ) The category of the establishment. g) The transcendence of the damage or harm caused to the image or the touristic interests of the Autonomous Community. h) The recidivism, by commission of more than one offence of the same nature within the space of one year, when so determined by final administrative decision. 3.4. Sanctioning procedure As we previously anticipated, the sanctioning procedure may be adjusted to what is established in Law39/2015 of 1October 2015 on common administrative proceeding of public administrations and in Law 40/2015 of 1 October 2015 on legal regime of the public sector, although regulations may establish specialties, as provided for in Law 39/2015 of 1 October 2015. Some Autonomous Communities refer to their own regulations for the exercise of sanctioning power that may be updated with the provisions of the basic state standards. The configuration and development of the procedure is the exclusive competence of the State, as derived from Article 149.1.18 of the Spanish Constitution and confirmed by the Supreme Court in Judgment 87/1985, of July 16 (Fernández Rodríguez). However, tourism laws state peculiarities in tourism sanctioning terms with regards to initiation, precautionary measures, registration of sanctions, etc.