A new Administrative Law for a new Tourism by Alejandro Corral Sastre

But the question that arises next is whether this line of aid, whether this public promotion of the tourism sector tends to consolidate a model that has already been exhausted. In other words, is it efcient to spend public money on promoting a model that needs to be changed? There is no doubt, it is necessary to clarify that I defend the granting of indirect public aid such as, for example, reductions in social security contributions for workers and the selfemployed or the suspension of the payment of ofcial loans. But if the aim is to promote a change of model, it does not seem logical to spend resources on lines of aid that promote the consolidation of the previous model, i.e. the one we are trying to change. I believe that this aid should be used for purposes more in line with the model of sustainable tourism that is being advocated here. In such a way that the companies receiving the funds would undertake to meet a series of objectives previously designed by the public administrations responsible for tourism and to develop them in the medium term. These objectives are obviously related to the sustainability of the sector. But apart from this public aid, as I understand it, the real action must come from police activity. With the corresponding prior legal authorisation, to allow the competent public administrations to control the tourist ofer that could be considered contrary to the spirit of what is understood as sustainable tourism in the terms established above. Therefore, to enable the necessary measures and instruments to achieve the desired objectives, and this inevitably involves limiting certain forms of supply, especially those which, I repeat, go against sustainability. I am not just referring here to so-called "overtourism", which is yet another example of unsustainable tourism, but to all forms of tourism which, from whatever perspective - environmental, economic, social or health-related - upset the previous balance of the tourist destination in question. Let us now look at the various measures proposed. 3.4. – Legal-administrative instruments for the implementation of the change of the tourism model Logically, a commitment to sustainable tourism is required from all public authorities. In accordance with the principle of legality, no administrative control measure can be authorised that is not covered by a regulation with the status of law. The judiciary, insofar as they perform jurisdictional functions, must also pay attention to the principles that may or may not be included in the regulations (we often forget that judges and magistrates, in the performance of their duties, must take into account the general principles of law, of which sustainability is a part ). 27 PIÑAR MAÑAS, J. L. (2002) (Dir.), UTRERA CARO, S. F. (Coord.), Desarrollo sostenible y 27 protección del medio ambiente, Thomson. 17

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