VI. BEYOND AUTHORIZATIONS AND DECLARATIONS: INTELLIGENT GOVERNANCE FOR REAL-TIME OVERSIGHT The legal dispute animating this judgment has little future utility. At the close of the first quarter of the 21st century, the integration of Artificial Intelligence (AI) by public administrations renders the practice of demanding that economic operators manually certify compliance obsolete. Administrative action must become dynamic, proactive, and predictive, while remaining anchored in the principle of legality and fundamental rights (Gonsálbez Pequeño & Melgosa Arcos, 2025). Applying this to the present judgment: what purpose is served by requiring an agroturismo developer to submit a declaración responsable regarding data that the public administration already possesses? Administrative interaction should instead take the form of a collaborative dialogue with the applicant to determine the appropriate number of guest rooms based on the carrying capacity of the destination. This paradigm shift requires a continuous, bidirectional flow of data between the public and private sectors. The core issue is not whether an operator has the commercial freedom to determine room numbers (a legitimate exercise of economic freedom), nor whether the Administration has the power to halt an activity (which it does, to safeguard the public interest). Rather, the fact that the Supreme Court had to adjudicate this matter reveals that the current paradigm of administrative control is exhausted. It is time to transition to algorithmic data-driven decision-making, based on parameters pre-established by AI systems to safeguard the carrying capacity of tourist destinations (Cerrillo i Martínez, 2019). It is illogical to discuss verification compliance when the administration should already possess that data and, through multi-stakeholder governance involving businesses, professionals, and residents, determine the most balanced outcome for all protected legal assets. This is not a novel concept, as it has been discussed for some time (Corral Sastre, 2018), but its implementation is now urgent to prevent the collapse of an outdated system. VII. CONCLUSIONS A clear conclusion can be drawn from the analyzed judgment: the traditional model of tourism activity oversight is nearing its end. The concept of a purely supervising or controlling administration must give way to a proactive and 57 THE LEGAL DILEMMA OF EX-POST CONTROLS IN TOURISM
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