Sustainable Tourism Law

QUALITY AND SUSTAINABLE TOURISM DEVELOPMENT 277 And all this with important consequences for the tourism sector, which is highly volatile to regulatory changes, and is still our first industry, as the media reminds us at the slightest opportunity. IV. THE SUSTAINABLE DEVELOPMENT OF TOURISM AND QUALITY REQUIRES A PROPORTIONAL ADMINISTRATIVE INTERVENTION BUT ONE THAT IS DECISIVE AND EFFECTIVE As it has been manifested throughout this work, we understand that in order to achieve the desired objective of a sustainable tourism development from all perspectives, an adequate, sometimes intense and “powerful” 46 administrative intervention must be carried out. They will be limited, when necessary (the sustainable development of tourism is, in fact, an overriding reason of general interest, even though Law 17/2009 and Law 20/2013 do not include it within their numerus clausus, but I cannot refer to this now), with the due legal authorization and in a proportionate way, in terms of the freedom of company and profession, without this implying a violation of our Constitution or European Union Law. A hasty liberalization of the sector, such as that which has occurred in Spain in recent years, can have perverse effects and negative consequences for the general interests involved. In short, I am not against the reduction of administrative burdens, the simplification of the corresponding procedures and the use, when appropriate, of the responsible statements and ex ante communications. But it should be done in a way that guarantees respect for all the interests involved, and not be driven by an exclusively economic vision. In this sense, and to achieve a sustainable and quality tourism development, with an adequate administrative intervention, it will be necessary to study the impact of information and knowledge technologies in the tourist field, as is already being proposed by the doctrine. The use of Big Data, Smart Cities, IoT, etc., can help public administration, without any doubt, to achieve the objectives 46 DE LA QUADRA-SALCEDO FERNÁNDEZ DEL CASTILLO, T., “The Services Directive and freedom of enterprise”, op. cit. , p. 60. In this same sense, and referring in particular to the LGMU, CIDONCHA MARTÍN, A. “On the Law of Guarantee of the Market Unit: A legal-constitutional reflection”, cit., P.122. “It is, without a doubt, a daring norm, of a quasi-constitutional invoice”.