certain level of administrative intervention is always necessary to avoid potential externalities, which do exist and can affect particularly vulnerable legal assets, such as health and other consumer and user rights, tourism quality, and the image of the destination, among others. The aim is to ensure that the regulation of these types of services not only achieves the objectives set by the sector itself through self-regulation. These interests will normally tend toward the protection of the aforementioned legal assets, as this also guarantees the survival of the tourism resource that gastronomy represents. However, they may sometimes conflict with other objectives of general interest whose protection falls exclusively to the public administration as a constitutionally mandated mission in accordance with the provisions of Article 103.1 of the Spanish Constitution. 3.1. Market only or administrative intervention? The answer to this question can only be that at least some level of administrative intervention is necessary, beyond any regulations within the sector itself or from private entities such as the Michelin Guide or the Repsol Guide. We already pointed this out above. The interests pursued by private entities such as those mentioned may or may not coincide with the general interest. Therefore, I believe that a certain level of administrative intervention will always be necessary to guarantee at least the monitoring of compliance with certain requirements closely related to the general interest. Here, criteria related to the guarantee of fundamental rights or guiding principles of social and economic policy come into play, such as non-discrimination, the protection and promotion of health, the appropriate use of leisure activities, or environmental protection, to give just a few illustrative examples. Legal assets that, as I have already stated, may or may not coincide with the interests pursued by the private entities behind some well-respected guidelines. Therefore, I reiterate the idea that minimal administrative intervention is essential to achieve the public interest objectives that may be affected. And here we enter fully into the choice of the instrument of administrative intervention, which must necessarily be the least restrictive in accordance with the provisions of the general administrative legislation itself. Thus, according to Article 4 of Law 40/2015, of October 1, on the Legal Regime of the Public place in the hands of the Administrations to manage the purposes entrusted to them by the legal system: in the case at hand, those aimed at the regulation (and also control) of the activities of private entities. This type of self-regulation is known as regulated self-regulation. 8 ALEJANDRO CORRAL SASTRE
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