Tourism, sustainability and circularity in Law 3/2022, of 15 June, on urgent measures for the sustainability and circularity of tourism in the Balearic Islands Antonia Paniza Fullana1 I.- A previous step to Law 3/2022, of 15 June: Decree Law 3/2022, of 11 June. II. Aim of the Rule and Modifications of the Law on Tourism in the Balearic Islands. 1. In general. 2. New concepts and some changes. III. New Title V of The Law On Tourism In The Balearic Islands: measures for circular economy. 1. Circularity strategy. 2. Calendar, infractions, and administrative sanctions. IV. Temporary suspension of acquisition of new tourist bed places for tourist accommodation. V. Classification of tourist accommodation establishments. VI. Conclusions. Bibliography. Documents. Regulations Law 3/2022, of 15 June, entails turning around the regulation of tourism in the Balearic Islands. It is a shift towards sustainability and circularity. This is supposed to be attained with great obligations to be fulfilled by the companies in the tourism sector, especially those in accommodation. These obligations are temporally specified in a calendar foreseen by the rule itself, with sanctions in case of unfulfillment. This law is a modification of the Law on Tourism in the Balearic Islands, and it stresses fields like energy, residues, water, and proximity products. This goes hand in hand with a moratorium on the acquisition of new tourist bed places for a period of time, up to a maximum of four years. The end goal of all of this is achieving sustainability in a key sector in the economy of the Balearic Islands. KEYWORDS: Tourism, sustainability, circularity, tourist accommodation, contractual offer. I.- A PREVIOUS STEP TO LAW 3/2022, OF 15 JUNE: DECREE LAW 3/2022, OF 11 JUNE. Between February and June of 2022, a decree law and a law with the same title were published: urgent measures for the sustainability and circularity of tourism in the Balearic Islands. The first, in the form of a decree law, which was criticised because of its lack of debate in the Parliament, was approved on the 11th of February of 2022; the latter, in the form of a law, was approved on the 15th of June of 2022. Once the decree law was ratified, it started to be processed as a bill. This creates some issues for legal security in a rule with many obligations for companies in the tourism sector and with deadlines to be followed. The used formula was justified in the explanatory preamble of the first rule with these words: “in trying to justify the extraordinary and urgent need of approving this decree law, it is important to state, on top of everything that has been explained in this explanatory preamble about the need to implement protection measures for the environment, the consumers, and the users; and goals for social politics, that the financing mechanisms coming from the European Union, the Spanish state and the autonomous community stablish determined deadlines of application and execution of the 1 Civil Law Professor, University of the Balearic Islands.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==