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

In view of these data, and this is the aim of this paper, it is interesting to analyse what measures the public authorities can take, and in what sense, to recover the tourism sector without falling into the problems that some destinations sufered before the pandemic. Thus, I believe that this is an unbeatable opportunity to recover the activity, avoiding overcrowding, congestion and gentrifcation. In short, by committing to quality and sustainable tourism. May the so-called "zero tourism" serve as a catalyst for us not to fall into some of the mistakes we were making before the terrible health crisis. 2. - TOURISM ISSUES BEFORE THE PANDEMIC. As we have already indicated above, a large part of the doctrine specializing in public intervention in the tourism sector had shown that, in recent years, certain phenomena were occurring that prevented us from speaking of sustainable and quality tourism, which, in principle, is the main objective of the autonomous community laws regulating the sector . 5 Thus, the overloading of certain destinations, the ofer of a tourism of excesses absolutely at odds with quality, the damage to the environment, the gentrifcation of many cities, outbreaks of "tourism phobia", etcetera. These are problems that existed before the health crisis and to which attention had already been drawn, because they represented, I repeat, a challenge in the implementation of public policies in the sector . 6 And we speak of a challenge because the public authorities do not have all the legal tools at their disposal to put a stop to these problems. Especially, following the publication and subsequent transposition into domestic law of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and, at the national level, SOCIAS CAMACHO, J. M., (2020) ‘Espacio público en la ciudad turística’ in BARRERO 5 RODRIGUEZ, C. y SOCIAS CAMACHO, J. M, La ciudad del siglo XXI: transformaciones y retos, INAP. RODRÍGUEZ-BARCÓN, A., CALO, E. and OTERO-ENRÍQUEZ, R, (2021) “Una revisión crítica 6 sobre el análisis de la gentrifcación turística en España”. Rotur, Revista de Ocio y Turismo, 15(1), “"However, tourism has proved to be a double-edged sword. Several studies have found some negative consequences of the massive arrival of visitors. The relevance that concepts such as ove r tour i sm (Mi l ano , 2018 ; Mi l ano , Chee r and Nove l l i , 2019 ) or "tourismphobia" (Guitart, Alcalde, Pitarch and Vallvé, 2018; Mansilla, 2020) are recently acquiring point to a certain collapse of the current model and the need to seek other ways to manage mobility in a more sustainable way, with a smaller ecological footprint and less intrusive with the day-to-day life of residents (Colomb and Novy, 2016). Among its consequences we can highlight: the increase in the price of housing and commercial land, the precariousness and seasonalization of employment associated with the service sector, the homogenization of commerce and loss of identity of spaces, the municipal economic pressure to maintain certain infrastructures and services, or the privatization of public spaces”. 3

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