Sustainable Tourism Law

258 SUSTAINABLE TOURISM LAW new configuration of the principle of necessity III.7. – The effects of the principle of national effectiveness: mutual recognition. Declared unconstitutional by the decision of the Constitutional Court 79/2017, of June 22 III.8.- The powers of the autonomous communities are emptied III.9. – Frantic race towards deregulation. Anewconfigurationof business freedom. IV. –THESUSTAINABLE DEVELOPMENT OF TOURISM AND QUALITY REQUIRES A PROPORTIONAL ADMINISTRATIVE INTERVENTION BUT ONE THATISDECISIVEANDEFFECTIVE–CONCLUSION–BIBLIOGRAPHY I. INTRODUCTION It’s not necessary to think too hard to notice the economic importance of the tourism sector in Spain. It could be considered, if allowed to use procedural terminology, a fact that doesn’t need to be proven since it enjoys “absolute and general notoriety”. The media remind us, quite often, we are one of the countries with the most tourism in the world. In the same way, the National Institute of Statistics 2 , through its complicated quantitative studies, shows us the positive tourist data that must be translated into excellent economic data. And it seems that everything has ended in that. There is nothing else other than the magnificent economic results linked to an increase in the number of tourists in our territory. This seems to be the main objective of the governments in power and their policies: increase visits and, therefore, the money “collected”. There’s nothing else. And yet, a review of the history of tourism 3 reminds us that a similar policy can lead to a situation of environmental and territorial 4 stress that seriously harms other legal assets of capital importance. Goods that, in many cases, are precisely the tourist resources that motivate those visits. 2 With the approval of Royal Decree 265/2015, of April 10, which modifies Royal Decree 1658/2012, of December 7, which approves the National Statistical Plan 2013-2016, whose entry into force will be produced on May 1, 2015, Turespaña through the General Subdirectorate of Knowledge and Tourism Studies no longer has responsibility in the statistics “Statistics of Tourist Movements of Spaniards (FAMILITUR)”, dated May 1, 2015, being INE (National Institute of Statistics, for its acronym in Spanish) competition through the “Resident Tourism Survey (ETR / FAMILITUR)”. Similarly, on October 1, 2015, Turespaña also no longer has responsibility for the statistics “Statistics of Tourist Movements in Borders (FRONTUR)” and “Tourism Expenditure Survey (EGATUR)”, whose competence is assumed by the INE. 3 A brief but accurate review of the history of tourism can be found in MARTÍN MATEO, R., MARTÍN- RETORTILLO BAQUER, L. and VILLAR PALASÍ, J. L., “Administrative legal aspects of tourism”. First Italo-Spanish Congress of Professors of Administrative Law held in Seville in 1966, p. 31 and following. 4 On environmental and territorial stress, see BOUAZZA ARIÑO, O., Autonomics Tourism Planning , Reus, Madrid, 2007, p. 110.