Sustainable Tourism Law

THE MOUNTAIN, A TERRITORY FOR A SUSTAINABLE TOURISM LAW IN FRANCE 379 is given by the relevant administrative authority, especially with regards to the needs of accommodation for workers in the resort, including seasonal workers. Most of all, any new construction is subject to the principle of continuity. In other words, the new construction should be built aligned with other current constructions. However, this principle has been made more flexible to enable tourism development. Indeed, this should be assessed with regards to local characteristics of traditional housing, to existing constructions and to existing roads and networks. Some exceptions are nevertheless allowed. For instance, the Conseil d’Etat (the highest administrative jurisdiction in France) decided that the continuity principle did not apply when setting up wind turbines 11 . The court observed that such turbines should rather be situated away from accommodations. The Mountain Act II further adopted provisions to renovate existing constructions in ski resorts. Indeed, most constructions were built between 1960 and 1980 and are now quite old and outdated. The law thus promotesmeasures in order to improve the state of these old buildings and to create a better offer for tourists, as well as to improve the conditions of local workers accommodations. This also intends to avoid the ‘cold beds phenomenon’. Indeed, the municipalities are entitled to adopt a decision whereby they can set the conditions of renovation of old accommodations, the financing of such operations and the accompanying measures. In consideration of financial measures, the owners shall rent for a maximum period of 5 years the renovated accommodation. b) Improving the work of seasonal workers and life conditions The Mountain Act II further aims at enhancing the attractiveness of the mountain area for tourists but also for workers in the tourism sphere. Specific provisions were adopted in favour of seasonal workers. Indeed, mountain tourism is largely based on the employment of seasonal workers. The quality of the services provided to the tourists will be determined by the competence of the seasonal workers. It appeared important to ensure that such workers are offered a steady position over the course of the seasons and to facilitate their work and life conditions in the mountain resort. The law starts by suggesting the development of a double qualification for these workers. It appeared necessary to promote the creation of multiple jobs to take into account the variability of the activities, depending on the season in mountain areas. To this end, the training of workers will enable such a double qualification and diversification. 11 CE 16 June 2010, n°311840.