Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 269 5.b) of Law 17/2009, of November 23, modified for the occasion by LGMU itself 24 . In short, it is not that our country is based on a closed list of compelling reasons of general interest, which prevents the rules from being applied according to the social reality of a specific time, as provided in Article 3.1 of the Civil Code. It is more serious. And it is that, the legislator (autonomous) 25 that pretends to establish a regime of previous control for the beginning of any economic activity, which will not be free to choose the general interest that should be protected. Therefore, their ability to understand reality and to appreciate public interests, which must be taken into account, is restricted, since they are already pre-established in a clear and restricted way in a state law 26 . A law that, by the way, is general and applies to all economic sectors without exception, which prevents taking into account not only specific circumstances of the specific sector in question, but also specific regional or local realities. Notwithstanding being referred to later, it is worth emphasizing the idea that with measures such as this, that is, the reduction of the overriding reasons of general interest that may be alleged for the establishment of ex ante controls, as well as the establishment of principles of national effectiveness, the margin of action of the autonomous communities is reduced, even, or rather specifically, in matters that fall within its exclusive competence. 24 REBOLLO PUIG, M., “The principle of necessity and proportionality of limits to economic activities”, in GUILLÉN CARAMÉS, J. Y CUERDO MIR, M., (Directors), RAMS RAMOS, L., (Coordinator), Estudios on the Market Unit Guarantee Law , cit., “In this way, the list of art. 3.11 of the Law 17/2009, especially as it is integrated with art. 5 MLGMU, is a recreation of the Spanish legislator for a function that is not attributed to European Union law. Although originating in the law of the union and featuring some reminiscence of its terms of it, it has strictly national characteristics and functions. It is, then, to say, a list invented by the Spanish legislator, by the LGMU, considering its effects, although it has invented it using materials from the Law of the Union “. 25 As has already been pointed out, the state legislator will not have these problems, since it will be able to approve a subsequent law to which the LGMU is not binding. 26 REBOLLO PUIG, Manuel, “The Autonomous State after the Law of Guarantee of the Market Unit and its principles of national necessity and effectiveness”, op. cit ., p. 103, “That is, that the principle of necessity does not simply mean that these limitations must be necessary for the defence of any general interest or for those with constitutional support, but necessary precisely for the protection of all interests chosen by the same state legislator; any other general interest is outlawed as a justification of limits to economic freedoms, as a possible purpose of the restrictions of those freedoms; and this regardless of whether or not they imply obstacles to free circulation or market unity”. In the same sense, SOLA TEYSSIERE, J., “Market unit and administrative supervision of economic activities,” p. 141, “The main problem of the new regulation is that it introduces a severe limitation to the autonomic legislation when regulating the means of public intervention on economic activities. In particular, it restricts the possible justifying reasons for the establishment of authorizations, responsible statements and communications to specific compelling reasons of general interest, especially constrained in the event that the intervention measure to be used is an authorization”.