Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 275 both principles, a balance that, at least, and in what concerns us here, admits a plurality of interventions by the public powers in the economic sphere” 40 . Otherwise, theAutonomousCommunitieswouldbe emptying their competences. For these reasons, some autonomous communities filed unconstitutionality appeals for violation of powers against the law, which have been estimated by the Constitutional Court, leaving without effect the articles referring to national effectiveness and mutual recognition of resolutions, that is, articles 6, 18.1 (b, c and e). 19, 20 and 21.1.c) 41 . Thus, and to conclude this section, we cannot confuse market unity with economic policy unit 42 . III.9. Frantic race towards deregulation. A new configuration of business freedom. In effect, as the title of this section reads, the approval of this Law implies, in short, one more step in the advance towards the liberalization 43 of economic activities and, in addition, the deregulation of broad economic sectors 44 , in a frantic race that is done without taking into account the general interests that may be at stake, in a laissez faire style. Article 16 of the LGMU is paradigmatic in this sense, stating that: “Access to economic activities and their exercise shall be free throughout the national 40 TORNOS MAS, J., “Law 20/2013, of December 9, Guarantee of the Market Unit, the principle of effectiveness”, Revista d’estudis autonòmics i federals , cit., p. 152, “STC 88/1986, of July 1, FJ 6, established that “the compatibility between the economic unit of the nation (which would have as one of its manifestations the unity of the market) and the legal diversity derived from the autonomy, therefore, should be sought in a balance between the two principles, a balance that, at least, and in what concerns us here, admits a plurality and diversity of interventions by public authorities in the economic sphere, provided that [...] it remains in force. All cases save the basic equality of all Spaniards.” Once affirmed that economic unit does not mean uniformity, the Constitutional Court has tried to establish some general criteria to admit the diversity of the autonomous norms. In this sense, it has said that the autonomous regulation must be carried out within the scope of the competence of the Autonomous Community, and that this regulation, as the introducer of a diverse regime of one of those existing in the rest of the nation, must be proportionate to the legitimate object pursued, so that the differences and peculiarities therein are appropriate and justified by their purpose. 41 MARTÍN-RETORTILLO BAQUER, S., Economic administrative law , La Ley, 2002. p. 103. 42 The resolutions of the Constitutional Court are as follows: STC 79/2017, of July 19; STC 110/2017, of October 5 and STC 111/2017, of October 5. 43 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. 155. 44 CIDONCHA MARTÍN, A. “On the Law of Guarantee of the Market Unit: A legal-constitutional reflection”, op. cit. , p. 127, “It is clear that the legislator of the LGMU is encouraged by a liberalizing spirit. At this point, the law is not really a law of guarantee of market unity, but a law of empowerment of freedom of enterprise and, therefore, of professional freedom”.