Sustainable Tourism Law

GLOBAL CODE OF ETHICS FOR TOURISM AND CHARTER 443 GLOBAL C DE OF ETHICS AND CHA TER FOR SUSTAINABLE TOURISM a) Direct Displacement: Which consists of an involuntary migration away from a place 22 ; b) Exclusionary Displacement: Difficulty of finding affordable accommodation in gentrifying areas c) Displacement pressure: Changes in the neighbourhood which “becomes a less and less liveable” 23 area or sometimes disneyization 24 or museization of the cities, also including the loss of social networks, essential stores at affordable prices, public facilities, neighbourhood problems, etc. We must understand displacement not only as the simple moment of eviction, but all the long-term implications that makes it progressively difficult for low- -income residents to remain where they are over time 25 . IV. PORTUGUESE CASE Inspired by the Services in the Internal Market Directive 2006/123/CE 26 , Portugal has created a new and specific regime for the Portuguese house rental (Alojamento Local) 27 as an autonomous house rental category 28 of touristic 29 resorts which offer temporary accommodation services in properties which do not possess the legal requisites for the touristic resorts. The legal regime of Alojamento Local is extremely simple: to use it, only an use license or authorization for generic purposes is required 30 . Its registration 22 For instance, the, more or less, forced displacement of communities or part of them for resort construction or, presently more common, the displacement of families caused by the termination of rental contracts before its expiry date, or the pressure made over the tenants to force them to leave their rental houses. 23 Cócola Gant, Ob. Cit. 24 Cfr. Bryman, A., The Disneyization of Society , SAGE Publishers, 2004. 25 Cócola Gant, Ob. Cit. 26 Also known as Bolkestein Directive. 27 The Alojamento Local regime was firstly referred on the Decreto-Lei n.º 39/2008, of 7 th march, which, governing the legal regime of the touristic resorts, has created a new “non-touristic” kind of short term accommodation. This legal regime was specified through the Portaria n.º 517/2008, of 25 th june, which was amended by the Portaria 138/2012, of 14 th may. The primitive regime was changed by the Decreto-Lei n.º 128/2014, de 29/8, amended by the Decreto-Lei n.º 63/2015, de 23/4. The changes implemented on the regime have always had the aim of simplifying things, turning them less bureaucratic and demanding. 28 Oliveira, F, Passinhas, S. Lopes, D., Alojamento Local e Uso de Fração Autónoma , Almedina, 2017. 29 This touristic qualification is not completely granted. The Decreto-Lei n.º 39/2008 expressly forbids the Alojamento Local properties from using the qualification tourism or touristic. The present regime stipulates that you cannot register as Alojamento Local any property with the necessary conditions to be licensed as a touristic resort. 30 There is no agreement on the literature about this specific issue, we follow the opinion of Oliveira, F, Passinhas, S. Lopes, D., Ob.Cit. whereby the Alojamento Local requests a valid license or authorization of use for generic purposes, which can be habitation, commerce or services.