Sustainable Tourism Law

308 SUSTAINABLE TOURISM LAW However, we cannot leave out the fact that these restrictive measures are largely based on constitutional principles on matters related to land and the environment, and specifically linked to the principle of sustainable and urban spatial development. Focusing on a balanced economic development, the Spanish Constitution equates quality of life with environmental tutelage and the rational use of natural resources under the framework of the link between the economy (the development of all economic sectors [art. 130.1 of the Spanish Constitution]) and environmental protection (art. 45). This leads to the need to reconcile, in a way that the relevant authorities see fit, the protection of the environment and economic development, both of which are constitutional rights. An argument with exactly that scope was made years ago by the High Court of Spain (Constitutional Ruling 102/1995 of 26 June). Sustainable development and the pursuit of a greater quality of life represent the main aim of finding a balance between the success of economic sectors (such as, tourism, urban planning or housing – and its use for tourism purposes, for example) and the protection of the environment and territory. Tourism, urban planning and housing are jurisdictions that have an intense relationship with others linked to the environment and spatial planning, as they have a clear impact on important natural resources and land, which have an undeniable environmental value. The responsibility for calculating total land usage and exploitation needs should fall on specific public powers or offices created exactly to that effect: those that handle “spatial planning” and “urban planning”. These fields, though not strictly environmental, aim to ensure rational land use through the process of spatial and urban planning. In addition to these public powers and offices, there are others that have a direct effect on the land and on the territory: tourism planning and housing. Both have a decidedly public role that must necessarily be subject to spatial planning techniques in order to be able to measure the usage needs of the land, not only to reconcile principles (development and preservation), but also to be able to ensure the right to decent housing and meet basic residential needs. And this must be done in conjunction with social housing policies (focused on reserving land for residences or for state housing plans, among others); urban land use policies (mainly involving the rehabilitation, restoration and renovation of urban spaces); and sustainable and responsible tourism policies. This connection is defined in the explanatory statement of Law 8/2013 of 26 June on urban rehabilitation, restoration and renovation, which can currently be found in the Law on Urban Renovation and Land of 2015 (Royal Legislative Decree 7/2015 of 30 October).