Before the Pandemic, there were certain places where the increase in tourist demand had led the competent authorities to limit, as far as legally possible, the increase in tourists. Cities such as Barcelona, Palma de Mallorca and, in general, cities on the Mediterranean coast were beginning to be saturated with visitors who, in addition, were consuming low-quality tourism, i.e. short, cheap stays, in short, what Decree-Law 1/2020 of 17 January of the Balearic Islands has rightly come to refer to as "tourism of excess" . 13 The essential issue in the face of these problems lies, in my opinion, in the policies that many public administrations have implemented in order not to control and limit these negative efects, taking refuge in certain rights and principles such as freedom of enterprise and the need to activate the economy after the great fnancial crisis of 2009. It is true that the instruments of administrative intervention in the economy have changed since the liberalisation initiated by Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (hereinafter I will refer to it as the Services Directive), and the Spanish transposition regulations, as well as Law 20/2013, of 9 December, on guaranteeing market unity. However, this does not mean that there are no control instruments that allow the competent authorities to control the activity in order to avoid certain pernicious efects. They do exist, and should be used when necessary. The tourism legislation of the diferent Autonomous Communities no longer relies practically on the classic authorisations and prior licences, which are very efective, but perhaps somewhat outdated. However, there are other control methods, such as responsible declarations and prior communications which, although perhaps less efective, if used appropriately, can perfectly fulfl their function of controlling the quality of tourism. Notwithstanding the above, it should be pointed out that with technological advances it does not make much sense, in my opinion, to speak of prior ROMERO PADILLA, M., ROMERO MARTÍNEZ, J. Mª. y NAVARRO JURADO, E., (2020) 13 “Refexiones desde el post crecimiento: ideas, estrategias y tácticas para el turismo postCOVID-19” in Turismo post-COVID-19. El turismo después de la pandemia global. Análisis, perspectivas y vías de recuperación, BAUZÁ MARTORELL F. J., y MELGOSA ARCOS, F. J. (dir.), RONDÓN GARCÍA, L. M., TROITIÑO TORRALBA, L. y MULET FORTEZA, C. (coord..), AECIT, p. 4, “In Spain, the weight of tourism is even greater (12.3% of GDP and 12.7% of employment). This weight has a bearing on the degree of dependence that the Spanish economic structure has on the tourism-real estate dynamic, which has been reinforced in recent years as it has been stimulated as a way out of the 2008 fnancial crisis. Destinations have grown by promoting the construction and development of more accommodation, facilities and infrastructure. The result is a model of mass tourism, which Spain already had, but now with a low-cost format, precarious employment, a boom in the supply of low-cost accommodation (tourist accommodation, hostels, etc.), etc. This model has generated for the frst time in Spain two critical positions in the local population with respect to tourism: rejection of tourism (tourism-phobia and urbanophilia, in Barcelona or Palma de Mallorca) or social movements against the overcrowding and touristifcation of public spaces, not rejecting tourism, but denouncing that the positive impacts are insufcient compared to the negative ones (for example, in Malaga, Madrid, Valencia) (Navarro-Jurado et. al. 2019). 8
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