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

facilitate the transition not towards an electronic administration, but towards an "intelligent administration", if I may use an expression that does not hide any malicious intent. In this sense, given that we are talking about control mechanisms that are regulated in the Law on Common Administrative Procedure, that is, Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, this change should be led by the State, even though it lacks direct competences in tourism matters, in principle. In the following section I will analyse, in a more exhaustive manner, the changes that specifcally arise in the administrative control of tourism supply linked to a structural change in public administrations. In short, not so much the use of ICTs to achieve the objectives of tourism sustainability mentioned above, but the conversion of the model to one that is, if you will allow me to use the expression, intelligent. That is, based on new technological tools that allow for automatic decision-making, if necessary. Above all, on the side of the competent public administrations which must, in my opinion, lead and encourage change. 3.5.4. – Smart tourism: science fction or inescapable reality? The necessity for structural change. It is necessary to begin, I believe, by attempting to defne the concept of smart tourism. I pointed out above that it is not simply a matter of using ICTs to achieve certain objectives. Rather, it is about a radical change in the model that will, in turn, make it possible to achieve an adequate level of tourism sustainability. Of course, the change I am proposing must be addressed by all actors: public administrations, activity promoters and, to the extent that smart tourism services are attractive, by the tourists themselves. We will focus here on the way in which the competent administrations should act to promote smart tourism in order to achieve an adequate level of tourism sustainability. In short, it is a question of analysing the diferent tools that can be used by the public sector to ensure that the private sector meets the necessary requirements to achieve the desired tourism sustainability, complying with the European parameters related to the freedom to provide services and the freedom of establishment, in short, with the freedom of enterprise and the free market, limits which, as I have said, cannot be exceeded without complying with the minimum requirements demanded in European and national regulations and which have already been mentioned ut supra. Before referring to the diferent instruments for developing the administrative tools to implement smart tourism, it should be analysed whether there is a general authorisation for the competent public administrations to use artifcial intelligence systems or similar. The answer, which is afrmative, can be found in Article 41.1 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, which allows administrations to adopt automated decisions without the 22

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