Collective Commentary about the New Package Travel Directive

ARTICLE 25 | F. JAVIER MELGOSA ARCOS 513 prohibitions and specific mandates in tourism, the sanctioning power allowing the Administration to control their compliance arises. Fernández Rodríguez warns that there is no legal reserve for the sanctioning proceeding, so that, with certain frequency, the Autonomous Communities order through regulations the merely organizational aspects of the sanctioning power and, the laws of tourism make constant reference to developing or basic state regulations. For example, Law 15/2018 of 7 June 2018, on tourism, leisure and hospitality of the Valencian Community refers to the basic state legislation within the general principles of Article 97 1. The sanctioning procedure will be adjusted towhat is established inLaw39/2015of 1October 2015on common administrative proceeding of public administrations and in Law 40/2015 of 1 October 2015 on legal regime of the public sector. 2. Regulations may be established according to the provisions of Law 39/2015, the common administrative procedure of public administrations) and the Modified Text of the Aragon Tourism Law refers to Decree 28/2001 of 30 January 2001, approving the Regulation of the procedure for exercising the sanctioning power of the Autonomous Community of Aragon, and in accordance with Law 40/2015, of 1 October 2015, on the Legal Regime of Public Sector, or regulations that replace them (art. 94). All laws regulating tourism activity include tourism discipline, so-called, in a majority of standards, or with more modern terminology, such as “control of tourism quality” used by the Balearic Islands and Castile and León laws. Infringements in the field of tourism may be subject to administrative sanctions, following the instruction of the corresponding disciplinary proceedings, which shall be initiated ex officio , by agreement of the competent body, either on its own initiative or as a consequence of higher order, after reasoned request of other bodies or complaint. The scheme of the titles of tourist discipline is very similar in all laws and they include the following sections: 3.1. Tourist inspection service The administrative inspection is an activity aiming to obtain information for the proper exercise of other activities, such as limitation or police (sanction) where appropriate. The Constitutional Court, in judgement number 96/1996 , of 30 May 1996 (resolving unconstitutionality appeals against Law 26/1988, on Discipline and Intervention of Credit Institutions) notes that it is a manifestation of public authority framed in those that are called “powers to obtain information” (MELGOSA, 2005).