Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 263 is no economic unity in the Spanish State and that its market is fragmented into so many things as autonomous communities” 11 . So the main premise of the LGMU part is put into question. But it is also clear that as you keep reading the Law, you can see that what it really aims at is not so much to end this alleged fragmentation, but to liberalize access to economic activities and their exercise 12 , and even perform a more or less disguised deregulation 13 . In this sense, this is a completely legitimate option by the legislator, there is no doubt about it. What is not so legitimate, however, in my opinion, is to use that unclear lack of market unity to introduce measures that greatly limit the public powers (legislative and executive) to protect the public interests that are considered most relevant, additionally violating the constitutional distribution of competences between the State and the autonomous communities. Regarding the relationship between the LGMU and the European Union Law, it should be noted that it is not a transposition of EU Law. Neither the Services Directive nor any other Directive or similar norm. We are, therefore, analysing an internal norm. However, we must note that this Law is inspired by the principles established in the Services Directive, as the explanatory statement itself acknowledges. In whatever way, the relationship with EU law is much more complex than it is intended, as indicated by FUENTEAJA PASTOR, the wording of the explanatory memorandum is “intentionally ambiguous”. It is, therefore, an option decided by the internal legislator in full use of his powers, although logically it cannot be dissociated from the principles of Union law. However, once the norm has been carefully analysed, it seems that the conclusion is clear. In its configuration of business freedom and the restriction of the limits for the right of access and exercise of economic activities, we have a much more ambitious Law than any of the European approaches provided in the Services Directive. The following are the characteristics of the LGMU that are considered most relevant. 11 MUÑOZ MACHADO, S., “On the legal restoration of the market unit”, Revista Española de Administración Pública , 163. 12 The paradigmatic article, in this sense, is article 16 of the Law that comes to make a very clear declaration of intentions by stating that access to economic activities and their exercise will be free throughout the national territory. Certainly, then this statement is qualified, but it is said, as it is stated, it will bear with all its effects. 13 REBOLLO PUIG, Manuel, “The Autonomous State after the Law of Guarantee of the Market Unity and its principles of national necessity and effectiveness”, op. cit ., p. 95.