Sustainable Tourism Law

274 SUSTAINABLE TOURISM LAW system of ex ante control. It will be the CJEU, if at all, who decides whether the principles of non-discrimination, necessity and proportionality have been properly applied. In this order of things, the principle of national effectiveness, as configured in the LGMU, cannot be constitutional either. Thus, an autonomous community cannot be deprived of the competence to take care of general interests that it considers essential, and that the Law of another region does not attend to because it considers them less important. If Madrid understands that in active tourism there are no general interests that should be protected, it is a valid option. But that option cannot be imposed on Andalusia when applying the principle of efficiency 37 .This regulatory dumping imposedby theLGMUis not constitutional 38 . And this has already been stated by the Constitutional Court on several occasions, perhaps the most noteworthy is Sentencing 88/1986 39 . The doctrine shares the same standpoint, starting with professor Sebastián MARTÍN RETORTILLO who at the time stated, with great success, that the autonomous communities could assume economic options different from those of the State: “The compatibility between the economic unit of the Nation and the legal diversity that It derives from autonomy, so we must look for a balance between 37 TORNOS MAS, J., “Law 20/2013, of December 9, Guarantee of the Market Unit, the principle of effectiveness”, Revista d’estudis autonòmics i federals , op. cit. , p. 166. A set of bases and development is not established by virtue of which the state legislator assumes all the normative competence, remitting the executive function to the Autonomous Community or local entity. It goes further, since depending on what is the autonomous content neither reduced local intervention can be possible to suppress any possibility of intervention to the territorial entity that tries to establish an intervention regime based on its assessment of the scope of the general interests to be protected. If the economic operator has a non-interventionist regulation in its place of origin, the local autonomous rule becomes inapplicable. 38 DE LOS REYES MARZAL RAGA, C., “The market unit in tourism”, in ALONSOMÁS, M. J., (Director), The new legal framework of the market unit. Commentary on the Market Unit Guarantee Law, op. cit. , p. 713. In general terms, we can say that the requirement of an intervention title is justified by the need to regulate the conditions for the provision of services, resources and tourism activities that guarantee adequate levels of quality and safety, aspects that are the backbone of the autonomous legislation in the tourist sector, whose tuition and protective character of the users and of the tourist goods and destinations justifies the administrative intervention in this economic sector. 39 TORNOS MAS, J., “Law 20/2013, of December 9, Guarantee of the Market Unit, the principle of effectiveness”, Revista d’estudis autonòmics i federals, op. cit. , p. 168. “Encouraging regulatory dumping may lead to imposing a general system of lack of prerequisites, and therefore ex-post controls, for access to the exercise of all kinds of economic activities. This indiscriminate suppression of burdens cannot be seen as something positive in itself. Reasons of general interest advise in many cases to submit the exercise of economic activities to compliance with access requirements to the activity. Requirements that may be required in the form of ex ante or ex post controls, but in any case it will often be necessary to demand rules of action in defence of general interests. For this reason, it seems dangerous to favour the suppression of all types of regulatory norms or minimum levels of intervention, arguing that the principle of market unity is upheld. What the business world demands, and what seems right to us, is not so much the suppression of all prerequisites for the exercise of its economic activities as the fact that the requirements required are reasonable, foreseeable and that they are generally established in a single norm of state scope.”.