Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 261 December 10, 2013, which intensifies the liberalization already initiated by the European standard, going much further 9 . In this sense, if the liberalization imposed by the EU regulation, as indicated above, implies an important change from the perspective of Administrative Law, it also implies a change of formal and substantive paradigms in the control activity that can be carried out by the public administration, so the LGMU not only ratifies this new direction, but intensifies it, adopting very questionable measures. In the next sections I will try to explain, although briefly, what these new liberalizing measures promoted by the State are, taking into account what it can mean for the autonomous communities. In this sense, it cannot be forgotten that tourism is an exclusive regional competence according to the provisions of the Constitution and the corresponding autonomic statutes. But before unravelling the LGMU, I consider it essential to try to put the norm into context, that is, to try to explain its raison d’être and its relationship with the Law of the European Union. 9 This has been shown by the abundant doctrines that exists on this Law, and that comes to express concern about its possible consequences. It is worth noting, among many others: REBOLLO PUIG, Manuel, “The Autonomic State after the Law of Market Unit Guarantee and its principles of national necessity and effectiveness”, Revista Andaluza de Administración Pública , no. 91, p. 94. “Of course, it is not and is not shown as a rule that intends to continue the transposition of such a Directive. It goes far beyond the scope of the Directive”, CIDONCHA MARTÍN, A.” On the Law of Guarantee of the Market Unit: A juridical-constitutional reflection”, CEFLEGAL , no. 179, p. 127, “But the legislator has gone beyond what European Union law requires, however may criticize (or praise), it does not deserve legal reproach. This is an internal decision of the Spanish State, in use of its sovereignty that, as long as it does not violate the EU’s order (and the jurisprudence of the CJEU), is perfectly valid. TORNOS MAS, J., “Law 20/2013, of December 9, Guarantee of the Market Unit, the principle of effectiveness”, Revista d’estudis autonòmics i federals , no. 19, 2014, pps. 148 and 149, “The extensive application of Directive 123/2006 is manifested in the fact of further restricting the possibility of requiring an authorization, since a reservation of law is required in general to establish ex ante controls, and also ex post , and the compelling reasons of general interest that can justify the existence of ex ante control are limited (Article 17.1)”, PERNAS GARCÍA, J.,” The principle of necessity and proportionality in the Law of Guarantee of Market Unity “In ALONSO MÁS, MJ, (Director), The new legal framework of the market unit. Commentary to the Market Unit Guarantee Law , La Ley, 2014, p. 425. “LGMU goes beyond the SD and the Umbrella Law in receiving the doctrine of the court, by extending it to the regime applicable to” economic activities “, not just to a group of activities in the sector such as those. However, on the other hand, it adopts a more rigorous approach in the guarantee of economic freedoms than the aforementioned regulation of services, which already restrictively qualified the doctrine of the court. Minimizes the RGI, which can limit the freedom of economic circulation. It therefore welcomes an approach of maximums in the defence of market unity and economic freedoms, and of minimums in the extension of the capacity for prior administrative intervention. “This liberalizing process can be framed in a broader one that has to do with the withdrawal of the State from strategic sectors that yield to the private sector, as has been pointed out by Professor ESTEVE PARDO, J., “The Guarantor Administration. An approximation”, Revista de Administración Pública, no. 197, p. 18, More recently, the public intervention that was channelled through the authorization to be displaced by the communication system or responsible declaration that gives society, individuals, the establishment of coverage formulas, ordinarily of a contractual nature, in the absence of a statement from the Administration to which it refers and which constituted a title for the exercise of the activity.