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

These control measures must also be respectful of the rules which, more than a decade ago, largely liberalised the tourism market. I am referring, of course, to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, and its transposition in Spain through two laws: Law 17/2009 of 23 November on free access to service activities and their exercise, and Law 25/2009 of 22 December amending various laws to adapt them to the Law on free access to service activities and their exercise. Of course, and apart from the above, but in the same sense, Law 20/2013, of 9 December, on guaranteeing the unity of the market . 28 We are not proposing here a return to the above, but rather the appropriate and reasonable use of the instruments available to public administrations to carry out the control and supervision of a sector, the tourism sector, which requires a change of model. In this respect, it is hard to understand how the competent public administrations do not make more intensive use of information technologies to achieve the proposed objectives. It is not necessary, I would like to stress this idea, to wait several weeks or months to check that companies and professionals comply with requirements aligned with sustainability. Nor is it necessary to initiate lengthy and costly inspection processes to ensure compliance with the relevant requirements. The use of these technologies can achieve, on the one hand, a lighter administrative intervention, i.e. less intense and restrictive of rights and, on the other hand, a more efective compliance with the sustainability objectives previously proposed in the corresponding public policies. 3.5. - Smart tourism as a solution to the problem of sustainability. Also in the health sector 3.5.1. - Information technologies have been part of the problem. In a previous work I have already explained my point of view on how information and knowledge technologies have contributed, to a large extent, to increasing the problems of mass tourism, the gentrifcation of cities and "tourism-phobia", by means of digital platforms that bypassed the traditional tourist ofer of accommodation. The lack of information and knowledge has Special mention should be made of Royal Decree 39/2010 of 15 January, which repealed 28 various state regulations on access to tourism activities and the exercise thereof, and which entailed the deregulation of many tourism subsectors. In this sense, the autonomous communities, which applied many of the repealed regulations in a supplementary manner, found themselves in the need to regulate certain tourism sectors in record time. Some of them are still unregulated in some autonomous communities, which, together with the change in the control model, means, de facto, a complete liberalisation of certain tourism subsectors. 18

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