Sustainable Tourism Law

262 SUSTAINABLE TOURISM LAW III.2. The context of LGMU and its relationship with European Union Law As I said, before analysing the LGMU more in depth, it is convenient to refer to the context in which it is approved and its relationship with Union Law. The Law is published in the BOE ( Boletín Oficial del Estado) together with three other very relevant laws, although linked to different matters (though it isn’t possible to deny a certain connection, logically), namely: Law 19/2013, of December 9, of Transparency, Access to Information and Good Government, with a previous correlative number, and Law 21/2013, of December 9, on Environmental Impact Assessment, with the subsequent correlative number. The LGMU is promoted in the middle of the first legislature of the Popular Party, when it has an absolute majority in Congress The essential reason for approving the LGMU, according to its own explanatory statement, is to tackle the fragmentation of the Spanish market 10 : “In order to give effect to the principle of market unity, important efforts have been made in recent decades. However, and in spite of the measures adopted, fragmentation persists in the Spanish market, which translates into a high cost that considerably complicates the activity of companies. The need to eliminate this cost as well as the obstacles and trammels derived from the growth of regulation has been one of the main demands that economic operators have been moving in recent years. This fragmentation of the national market hinders effective competition and prevents taking advantage of the economies of scale offered by operating in a largermarket, whichdiscourages investment and, ultimately, reduces productivity, competitiveness, economic growth and employment, with the important economic cost that it implies in terms of prosperity, employment and citizens’ welfare”. However, some authors doubt that, in effect, we can speak of a fragmentation of the Spanish market and, consequently, of the need for the measures that are established in the Law in order to guarantee such unity. In this sense, MUÑOZ MACHADO affirmed that “In my opinion it cannot be said seriously that there 10 This fragmentation of the Spanish market is highlighted, mainly by business organizations and other economic operators, who, in fact, are the main drivers of the Law. 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, p. 146. In the same sense, SOLA TEYSSIERE, J., “Market unit and administrative supervision of economic activities”, Revista de Administración Pública , no. 197, p. 136, “This allows us to assume that the legislator of the LGMU has taken into consideration especially the aforementioned report, as well as, probably, other works and doctrinal studies prepared or sponsored directly or indirectly in previous years by business organizations. Particularly More when in the preamble of the LGMU it is clear, that the elimination of obstacles and trammels derived from the increase in regulation “has been one of the main demands that economic operators have been moving in recent years”.