Sustainable Tourism Law

COMPETITION LAW VERSUS SPATIAL PLANNING 305 improvement (or deregulation), taken from EU regulations and European integration, changes the understanding of the position that the state must take with regard to society. European law has significantly affected administrative law in terms of regulating the activities of individuals, and especially of entrepreneurs, as it sets up the freedom of establishment, open competition and market unity. However, these principles and rights must coexist with others, which includes protecting the natural and urban environments and the right to have decent housing, in such a way that they are all compatible. The boom in the number of dwellings that have been marketed to tourists in recent years has put substantial pressure on cities and territories via the overcrowding of urban areas; constraints on the real estatemarket; the degradation of the environment and the increased strain on resources, infrastructure and services, among others. Therefore, safeguarding tourism cities as spaces for harmonious, sustainable coexistence, from social and environmental perspectives, necessarily requires intervention schemes suited for dealing with this new reality. The regulation of this new kind of tourism accommodation, which has soundly surpassed the limits of the previous century’s tourism, must address issues related to urbanplanning, spatial planning andhousing policies, such as the configuration of neighbourhoods or areas where the supply is concentrated (via the use of traditional techniques like zoning), forecasting appropriate infrastructures and rental supply, and having reasonably priced housing for residents. Traditional urban and spatial planning techniques and instruments will have to be used along with other more modern ones, like, for example, those related to the provision of household services or the establishment of quotas or limits. In other words, these traditional urban instruments and techniques cannot work by themselves, rather they must be combined with other means of administrative intervention, particularly those linked to housing policies or a comprehensive intervention on the economic activity. Thus, urban planning and housing policies cannot remain detached from the explosion of collaborative accommodations. They must aim to ensure rational spatial planning in urban areas and guarantee the satisfactory coexistence of tourists and residents while minimizing environmental impacts and protecting the right to suitable housing. Nevertheless, it is obvious that these means of intervention, while necessary, will fall short if they do not take into account the new “peer” markets or professional service providers and their effect on public powers and governments. Public powers must take on a role in the face of this push, which is being backed by the European right to societal entrepreneurship, and this role must take part