International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER control and limit these negative effects, taking refuge in certain rights and principles such as freedom of enterprise and the need to activate the economy after the great financial 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 effects. They do exist, and should be used when necessary. The tourism legislation of the different Autonomous Communities no longer relies practically on the classic authorisations and prior licences, which are very effective, but perhaps somewhat outdated. However, there are other control methods, such as responsible declarations and prior communications which, although perhaps less effective, if used appropriately, can perfectly fulfil 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 controls or subsequent controls insofar as, as seems logical, these advances should make us reconsider the means of intervention of public administrations in citizens’ rights. As I said, institutions such as administrative silence, maximum periods for resolving and notifying procedures, etc., sound like Larra’s “Come back tomorrow”. The instruments of administrative policing cannot be based on mechanisms more typical of the 19th century than of today. Hence, as I understand it, the administrative procedure should be completely reconfigured and adapted to the current digital reality, without prejudice to other rights that should be respected, such as data protection, in the broadest sense, or the rights of those citizens who wish to stay out of the digital world. 2.3. Gentrification and “touristification” of cities The excess of tourist supply in cities produces phenomena such as gentrification or the “touristification” of large urban centres. Gentrification is understood as the arrival of new residents with greater purchasing power in certain neighbourhoods, which raises the standard of living and prices, thus expelling the old residents who cannot cope with the new economic situation. By “touristification”, we can understand the loss of identity of certain cities as a