Sustainable Tourism Law

SUSTAINABILITY AND SOCIAL RESPONSIBILITY IN THE REGULATION 293 SUST INABILITY AND SOCIAL RESPONSABILITY IN HOSTING holiday homes of the Autonomous Community of the Canary Islands before the High Court of Justice on the grounds that it restricts free competition. In particular, Article 7 on information and publicity has been challenged before the court. The court decided that the obligation to give the user certain information about the legal regime of the tourist dwellings is not an obstacle to the free exercise of the activity 61 . Other significant mechanism used by public administrations is to require that the complaint sheets are available to users and that the poster announcing their existence is visibly placed in the dwelling 62 . Sometimes, the regulation specifies that the tourism authority will give the operators the official complaint sheets alongside their correspondent reference code after the registration of the business in the corresponding register 63 . In this regard, we must mention that the Art. 13.3 of the decree from the Canary Islands on the declaration of responsibility regarding the start of activity has been challenged. The provision stipulates that the delivery to the operator of the house of complaint sheets, plaque-badge and inspection book shall only be made after fifteen business days, within which period the Island Council shall register ‘information on the exploitation activity of the holiday home in the General Tourist Registry of the Autonomous Community of the Canary Islands’. Since the start of activity without this documentation is subject to punishment, de facto , this regulation is distorting the effects of the declaration of responsibility and it is subjecting the start of activity to prior administrative control 64 . So there is an infringement of Art. 71 bis of Law 30/1992, since the declaration of responsibility cannot enable the start of activity from the moment of its submission. Thus, the court annuls that article because it subordinates the delivery of the documentation necessary for the start of activity to the inscription in a registry. The complaint sheets shall be given immediately to the tourists upon request 65 . However, there are autonomous communities that do not mention this aspect, like Aragon. It is essential that the service operator facilitates the work of the tourist inspection services 66 . In this sense, some regulations also specify that the condition of 61 Fourth legal ground, Sentencing No. 41/2017, of 21 March, of the High Court of Justice of Canary Islands. 62 Art. 6.g) Decree Andalusia, Art. 68 Decree Catalonia; Art 23 Decree La Rioja. 63 Art. 3 Decree Asturias; Art 15 Decree Castile and Leon, Art 13.3 Decree Canary Islands. 64 Seventh legal ground, Sentencing No. 41/2017, of 21 March. High Court of Justice of Canary Islands. 65 Art. 40.3 Decree Galicia. 66 Art. 10.3 Decree Andalusia.