Collective Commentary about the New Package Travel Directive

1096 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Even if the new directive essentially brings about an adaptation of the current regime to new methods of selling travel, the approach in Luxembourg law fundamentally changes. Under the provisions in force, the activity of organising packages or offering services related to tourist reception is reserved for travel agents. A specific establishment authorisation is provided for by the Consumer Code. However, the new directive achieves maximum harmonisation and substantially broadens the scope, so that the maintenance in the Grand Duchy of the monopoly of the organisation of travel by traditional travel agencies no longer seems justified. Concretely, the new rules are, therefore, intended to apply not only to travel agencies, which today have a specific authorisation but to all other tourism professionals who compose or offer packages, such as lodging establishments or online platforms. On the one hand, these other professionals are now free to offer a more varied offer (packages or linked travel arrangements) without having to use travel agents, but on the other hand, they are bound by the same rules”. 4. PARLIAMENTARY CONSIDERATION OF EXECUTIVE LAWS In Portugal, legislative competence in the field of tourism is assigned to the Government and the Parliament (Assembly of the Republic – using, hereinafter, the Portuguese term “Assembleia da República”). It is generally exercised through the Government, that is, the majority of tourism legislation consist of rules approved by the Government in the form of Decree-Laws. Below Article 169/1 of the Portuguese Constitution, under the title of Parliamentary Consideration of Legislative Acts , a majority of Decree-Laws (except those that only the Government has exclusive competence over) can be assessed by the Assembleia da República, with a view to causing them to cease to be in force or amending them. The requirement of ten Members, in the thirty days following the publication of the decree-law, would suffice. However, after a publication of Decree-Law No. 17/2018, of 8 March, the Portuguese Parliament intervened, through a parliamentary consideration. The process of consideration of the executive laws will expire if the Assembly “has not ruled on it or, having decided to introduce amendments, has not voted on the respective law until the end of the current legislative session, provided that