Sustainable Tourism Law

270 SUSTAINABLE TOURISM LAW It is, in short, a configuration of the principle of necessity that is proper to domestic law and different from the elements established in the law of the Union, although, logically, they drink from the same sources. III.7. The effects of the principle of national effectiveness: mutual recognition. Declared unconstitutional by the decision of the Constitutional Court 79/2017, of June 22 Another of the essential novelties of LGMU was the principle of national efficiency foreseen in Articles 20 and 21 of the LGMU. In accordance with the provisions of these articles, an economic operator could be established, even physically, in any part of the national territory, in accordance with the law of the place of origin and, moreover, no additional requirement could be requested if the economic operator moved to the territory of another autonomous community It is, in short, the application in our country within domestic law of the principle of the country of origin, to which the first draft of the Services Directive referred to and which became famous with the so-called “case of the Polish plumber” 27 . Perhaps, in our country, the application of this principle makes more sense. That is to say, it seems desirable that an economic operator that decides to start its activity in any part of the national territory will not encounter major difficulties if it decides to transfer its activity to another autonomous community. The essential problem is that this principle has been taken to unacceptable extremes by the LGMU 28 , because it will produce a phenomenon already studied in relation to the Services Directive, which is called regulatory dumping . This will imply that an economic operator that starts its activity (in a broad sense, as we know) in a specific autonomous community, will be able to move to another community to carry out that same economic activity, without having to present an authorization, declaration or any communication. Moreover, submitting in terms of access requirements to the regulations of the community from which it comes, the one of origin. Regarding the exercise of its activity, as we shall see, it may be supervised by the destination authority, as is logical, but it may be doubtful whether this is sufficient to safeguard the interests at stake. 27 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. 134, “The principle of national efficacy as a Spanish version of the famous “Polish plumber”. 28 SOLA TEYSSIERE, J., “Market unit and administrative supervision of economic activities”, op. cit ., p. 158, “The liberalizing zeal that clearly inspires the bulk of the LGMU’s content can be positive in acceptable doses, but at this point it has reached an extreme that it is not.”