Sustainable Tourism Law

316 SUSTAINABLE TOURISM LAW or ends which might justify the intervention of public autonomous community-level powers in the free access to and practice of economic activities, as the provision, referencing article 3.11 of Law 17/2009, limits the reasons or ends that justify, within a sector (for example, housing or tourism), governmental intervention in economic activities by exercising their own capacity to limit the ability to bring about, via the establishment of requirements or limits on the practice of the economic activity, any other constitutionally legitimate end that is not included in those listed in article 3.11 of Law 17/2009. However, it must also be noted that the subjugation of any public regulation that affects the free access to or practice of an economic activity is itself subject to the so-called principle of proportionality, which according to the aforementioned Constitutional Court ruling requires the regulations to be checked to ensure that they are proportional to the overriding reason of public interest invoked and to ensure that there is no other less restrictive or less disruptive measure for the given economic activity. This point continues to imply the subjugation to a more in-depth scrutiny than that which would be derived directly from art. 38 of the Spanish Constitution, seeing as according to the position of the Constitutional Court in their interpretation of this provision, when this point refers to regulations that affect the practice of business activities without affecting access to the activity, the constitutional norms followed and defined by this court allow for the constitutionality of these measures to be verified, i.e., whether the measure in question represents an appropriate measure for reaching a constitutionally legitimate end, without the Court having to go beyond this as the oversight of a specific decision made by the legislator would entail regarding a legitimate policy (STC 53/2014 of 10 April, FJ 7; STC 35/2016 of 3 March, FJ 4). In light of the general principles of necessity and proportionality required for competent authorities to act (art. 5), Law 20/2013 gets to a more concrete level and regulates the implementation of this principle with regard to the public regulations that establish the requirement of an authorization, a sworn statement or a communication (art. 17). As has been seen, article 5 restricts the reasons and ends that can give cause to the establishment of preconditions and requirements for accessing and carrying out economic activities. Furthermore, it not only requires that the motives behind such limits be based on expressly given reasons, but also that there be a justification for that reason and a justification of the proportionality of the limit. (It also requires