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

protection. We run the risk that the eagerness for tourist recovery will lead us back to this obsolete model . 11 And this cannot imply a negative vision of tourism. We start from the necessary assumption that tourism is positive, an essential asset for our economy. And we are a country especially prepared for these fows of people . Therefore, I 12 do not share the idea that we have to stop being a country that bases its economy on tourism, which does not imply leaving aside or advancing in other economic activities. But it would be a mistake, I insist on the idea, not to take advantage of the special geographical, climatological and social circumstances that we have in Spain. But we need to be more competitive, and this implies, as I understand it, betting on quality tourism and, inevitably, using the legal instruments at our disposal to limit certain types of tourist ofer that confict with that quality and that generates, as I have already indicated, certain social problems. 2.2. – Overcrowding and congestion: a breeding ground for "tourismphobia". The uncontrolled growth referred to in the previous section led, logically, to the overcrowding of certain destinations, especially sun and beach destinations, and to the congestion of public services, which led to social tensions in certain destinations. This is nothing new. Since the middle of the last century, the tourist "boom" of developmentalism, we have experienced moments of great tourist pressure that the respective competent public authorities have failed, or with little success, to tackle. RODRÍGUEZ-BARCÓN, A., CALO, E. y OTERO-ENRÍQUEZ, R, (2021), “Una revisión crítica 11 sobre el análisis de la gentrifcación turística en España”. Rotur, Revista de Ocio y Turismo, 15(1), Op. Cit., They refer, for their part, to the risk we run of wanting to make up for lost time: "Will we witness a structural and profound transformation of the processes of tourist gentrifcation, for the sake of greater - and indispensable - urban sustainability? Or, on the contrary, once the worst phases of the pandemic have been overcome, will we observe a sharpening of hedonism and a liquid desire for new tourist experiences and, consequently, will we witness a widening of the problems associated with this type of gentrifcation? In any case, the analytical treatment of the eight themes identifed here in the Spanish literature, in our opinion, will probably constitute the "continent" of the answers to these questions”. RIVERO CEBALLOS, J. L., HERNÁNDEZ HERNÁNDEZ, J., CORRAL QUINTANA, S. y 12 NAVARRO IBÁÑEZ, M., (2021) “Una breve refexión desde el cero turístico”, en SIMANCAS CRUZ, M., HERNÁNDEZ MARTÍN, R. y PADRÓN FUMERO, N. (Coords.), Turismo posCOVID-19. Refexiones, retos y oportunidades, Op. cit., p. 63, “Unfortunately, there is a widespread view that tourism is concentrated in regions and countries that are not capable of doing better, so that available resources can only be allocated to tourism activities. Hence some voices have been heard during the current pandemic urging the replacement of the supposedly low or non-existent value of tourism with activities that provide greater economic and social value. Moreover, the reduction of tourism in particular in the way we have known it in Spain would, according to this vision, mean less dependence on the outside world and a considerable improvement in economic and environmental sustainability. For all these reasons, it is not superfuous to call attention to the fact that we should avoid falling into such a biased (and erroneous) perspective of the very varied and diversifed tourism activities”. 7

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