Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 265 to transport, energy, tourism, private security or the production of goods 18 , to give only some examples. It is a Law, I think, that is excessively broad and general, and does not take into account the specific needs of each sector. On the other hand, it is necessary to take into account that this LGMU does not specifically bind the state legislator, who may approve specific laws in specific sectors, that goes against the principles of market unity established in the Law. More problematic will be the situation of the autonomous communities, since being a basic law according to what is established in the fourth final provision will have as a limit the basic state legislation in the development of their competences. III.4. Fewer authorizations and ex ante controls One of the main additions of the Services Directive consists, as is known, in generally outlawing the use of authorizations and other controls as a means of accessing service activities and their exercise. As already stated above, the so-called triple test must be fulfilled so that these administrative tools can be used, that is, that they are not discriminatory, that there is an overriding reason of general interest that justifies it (necessity principle), and that is not a disproportionate measure. Well, the LGMU restricts even further the possibility of using these systems of ex ante control. This is true, firstly, because the overriding reasons of general interest that may justify the use of them are restricted. Although I will refer to this later in depth, I must now make a brief reference, since it is a matter of profound depth. As has already been shown elsewhere, the Law 17/2009, in turn, came to close the list of compelling reasons of general interest that justified the use of ex ante administrative controls 19 and that the Directive was established as an open listing. 18 FUENTEAJA PASTOR, J., “Market Unit and European Law” in GUILLÉNCARAMÉS, J. Y CUERDOMIR, M., (Directors), RAMS RAMOS, L., (Coordinator), Studies on the Law of market unit guarantee de mercado , op. cit . 19 Article 3.11 of Law 17/2009, of November 23, which directly referred article 5 that refers to authorization regimes, established as a concept of overriding reasons of general interest: reasons defined and interpreted by the jurisprudence of the Court of Justice of the European Communities, limited the following: public order, public safety, civil protection, public health, preservation of the financial balance of the social security system, protection of rights, safety and health of the consumers, the recipients of services and workers, the requirements of good faith in commercial transactions, the fight against fraud, the protection of the environment and the urban environment, animal health, intellectual and industrial property, conservation of national historical and artistic heritage and the objectives of social and cultural policy. For its part, Article 4.8 of the Services Directive referred to the concept of overriding reason of general interest as: “overriding reason of general interest”, a reason recognized as such in the jurisprudence of the Court of Justice, including the following: public, public safety, civil protection, public health, preservation of the financial balance of the social security system, protection of consumers, recipients of services and workers, requirements of good faith in transactions trade, the fight against fraud, the protection of the environment and the urban environment, animal health, intellectual and industrial property, the preservation of national historical and artistic heritage and the objectives of social and cultural policy..