Sustainable Tourism Law

260 SUSTAINABLE TOURISM LAW difficult balance that essentially entails the sustainability of tourism development 7 . And, indeed, the European Union recognizes the freedom to provide services and the freedom of establishment as basic Community freedoms (Articles 56 and 49 of the Treaty on the Functioning of the European Union); the Spanish Constitution, for its part, shapes the market economy and protects the freedom of businesses (article 38). There is no doubt, therefore, that the public administration must respect and protect private economic initiative in the tourism sector But, on the other hand, the Administration is entrusted by the Constitution itself, and also by European Union Law, with the achievement of general interest purposes related to the protection of the environment and cultural and urban heritage, the defence of the rights of consumers and users, the environment and maintaining a social balance, etc. In short, it is about achieving the goal of sustainable tourism development 8 . And for that there is no other option, at times, than to limit in the least restrictive way possible, the right to freedom of enterprise and free economic initiative of individuals. Towards this goal should be used the most effective tools for the fulfilment of such objectives, because this is an essential principle in the action of the Administration: the principle of effectiveness (article 103.1 of the Constitution). III. INTENSE LIBERALIZATION. AN INVOLUTION IN THE DEVELOPMENT OF THE SECTOR III.1. Introduction In this context, which is already very liberalized after the approval of the Services Directive and its corresponding transposition rules, the LGMU is published on 7 According to professor Lorenzo MARTÍN- RETORTILLO BAQUER, in the Prologue to the work of BOUAZZA ARIÑO, O., Territorial planning and tourism. A model of sustainable development from the planning of the territory , Atelier, Barcelona, 2006. You can also consult in, MARTÍN-RETORTILLO BAQUER, L., The Administrative Law of our time , Ed. Thomson-Reuters, Cizur Menor, 2010, 2.ª ed., p. 398. “But it is that the objects and situations that arouse the tourist’s attraction would not survive in the current world if the rules of the market were allowed to play freely. There are traditional equilibria that have demonstrated their capacity to protect objects and situations: but sometimes unexpected aggressive agents burst in. When the old equilibria are broken (and sometimes they break abruptly), they also demand energetic responses to defend the values involved. The need for a decisive intervention by the State comes into play, [...] which only highlights the unequivocal role that the State must play, through the whole body of organizations that comprise it”. 8 FULLANA, P. and AYUSO, S., Sustainable Tourism , Ed. Rubes, Barcelona, 2002, p. 30, “The development of sustainable tourism that meets the needs of tourists and host regions present while protecting and improving future opportunities. It is focused on the management of all resources in a way that satisfies all economic, social and aesthetic needs while respecting cultural integrity, essential ecological processes, biological diversity and support systems for life”.