Sustainable Tourism Law

278 SUSTAINABLE TOURISM LAW of general interest entrusted to it, without losing control over private activities 47 . In any case, and because of the characteristics of this work, I cannot stop now to analyse this interesting subject. CONCLUSIONS Tourism, the first industry in the country, is a very complex and volatile sector, very susceptible to any regulatory change. This implies that any modification must be carefully analysed in such a way that possible negative effects are foreseen in order to try to minimize them. This is precisely what has not been done in recent years in Spain. The approval of the general norms mentioned above, not specifically linked to tourism, has meant a radical change in tourism regulation outside the autonomous communities, which have exclusive competence on the subject and have tried to minimize the impact. There are mechanisms to at least try. However, the easiest option has been chosen, that is, to adapt to the general norms indicated without facing the consequences. This way, the entire system of ex ante authorizations has been eliminated (except in exceptional cases), replacing it with a post control system (responsible declaration or ex ante communication) without even clearly understanding its legal status. In my opinion, and this is what I wanted to demonstrate in this work, you cannot reach high levels of quality and tourism sustainability without adequate administrative intervention. This may be more or less intense depending on what you want to protect, but it must exist regardless. The Public Administration (in this case the autonomous communities) cannot abdicate from that mission of service dedicated to the general interest in the field of tourism. On the other hand, it will be necessary to explore the opportunities offered in this area in terms of information and knowledge technologies, since their use can make it easier for public administrations to achieve their objectives. 47 This forceful expression is used by Professor José TUDELA ARANDA, in “A new Law for a new tourism”, Revista Aragonesa de Administración Pública , n.º 24, 2004, p. 281, by stating that “What is really novel about the present right of tourism is that along with this private legislation of a civil and commercial nature, a very notable public right has emerged, an expression of the conviction definitively rooted in the public powers, that its intervention was necessary, and a powerful intervention, on the tourist activity, in order to achieve, simultaneously, the protection of the tourists and the tourist resources and the growth of the activity”.

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