tent administration. As an ex-ante intervention, it is inherently more intrusive and restrictive, designed to prevent the launch of an activity potentially hazardous to protected legal assets. • Declaraciones Responsables and Prior Communications: These represent significantly less intensive forms of administrative intervention. They permit operators to launch a tourism activity without any prior administrative clearance. Only subsequently, where applicable—and not systematically—may the administration exercise its oversight powers to verify compliance with statutory requirements or, if necessary, order the cessation of the activity, as occurred in the case underlying this judgment. It is clear from the foregoing that while these mechanisms share a similar overarching objective, their legal operational effects are vastly different. Prior authorizations must remain reserved for scenarios that, as established by the Services Directive, present an elevated risk of harm. Conversely, declaraciones responsables and equivalent instruments serve as the general rule for all other economic activities that do not pose severe risks. This point will be expanded upon below. III. THE INTERPRETATION OF THE SPANISH SUPREME COURT The Spanish Supreme Court asserts in the contested judgment that the public interest sought to be protected remains identical whether ex-ante or ex-post controls are applied. Under this view, the choice between a prior authorization and a declaración responsable is merely a matter of procedural streamlining to reduce red tape, having no bearing on the nature of the underlying asset being protected. Thus, the fifth paragraph of the Fourth Legal Ground (Respuesta a la cuestión casacional / Response to the Cassation Issue) states: “Thus, the replacement of administrative authorizations with declaraciones responsables and prior communications is exclusively intended to simplify procedures to facilitate access to economic activities—a measure complemented by the extension of the positive effects of administrative silence3. The system 3 Silencio administrativo (Administrative Silence): A civil law doctrine whereby the inaction or silence of a public administration within a legally mandated timeframe produces automatic legal consequences. A “positive silence” 53 THE LEGAL DILEMMA OF EX-POST CONTROLS IN TOURISM
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