A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER well known to those of us who study this branch of the legal system, albeit in all humility: the volatility of the sector in the face of regulatory or economic changes. 3.3. – The role to be played by public administrations in changing the tourism business model. This is the current panorama of tourism in our country. A sector immersed in a serious structural crisis, with a model, I believe, anchored in the last century, which means that little or no progress can be made without the decisive impetus of the public authorities. In this sense, the role that public administrations are called upon to judge is crucial26, through the different instruments of administrative intervention available to them. In this respect, although it is true that the liberalisation carried out in recent years has left the administrations with fewer resources to intervene in the sector, it is no less true that there are currently adequate mechanisms that It will also be necessary to review the current regulations on seating capacity in establishments, especially restaurants, in order to achieve a minimum distance between people; the Seville Veterinary Association recommends a maximum capacity of 4 people per 10 square metres. Apart from prior hand disinfection, diners will also have to avoid crossings and contacts with workers, customers and suppliers. However, we will have to wait for the action protocol mentioned in the first conclusion, although we believe that it will be a minimum protocol that each autonomous community can implement in their tourism and health legislation, if they deem it appropriate. I believe that the most prudent thing to do is to apply the protocol drawn up by the ICTE and avoid falling into the temptation of drawing up different protocols and seals of guarantee that end up making the recipient “dizzy” and losing effectiveness; nor would a protocol of maximums be a good thing because of the damage that could be caused to companies in such delicate matters as capacity or the installation of certain protective elements. Portugal already has an official label certifying that an establishment is “clean and safe”, which can be obtained from the National Business Registers from 24 April. Establishments must follow an internal operating protocol set by the Department of Health, the certificate is free of charge and valid for one year. It will also be necessary for public tourism managers to change many of the management models that have served until now. For example, they will have to implement disinfection measures, as well as measures on access and stay on beaches, in museums and monuments; and in general, in all public shows and recreational activities. There is considerable unanimity on the urgency of security measures. Spain has proposed to the G20 to work jointly at a global level on homogeneous measures to create safe destinations. CEHAT calls for a European agency to validate the post-COVID-19 protocols. At EU level, the so-called “health passport” is one of the alternatives being considered to open up air traffic. All in all, all parties involved in tourist destinations will have to be prepared to offer safe travel to tourists; smoothly and with some flexibility in booking. Travel agencies have an opportunity because of the guarantee that their legal framework provides for consumers. We can affirm that a new stage in tourism law is being born. 26 On the occasion of World Tourism Day 2021, a specialised media outlet such as Hosteltur recreated an imaginary scene between a teacher and his student following the Socratic method to explain the relationship between tourism and circular economy devised by Professor Alfonso VARGAS-SÁNCHEZ (2021) and reproduced below (the names devised are Amanda -student- and Pedro -professor-): [...] The road to sustainability has to be travelled jointly, with the involvement of all parties with a role to play, who have to be aligned and add up, with special reference to public administrations due to their importance in this and other facets.
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