International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER develop them in the medium term. These objectives are obviously related to the sustainability of the sector. But apart from this public aid, as I understand it, the real action must come from police activity. With the corresponding prior legal authorisation, to allow the competent public administrations to control the tourist offer that could be considered contrary to the spirit of what is understood as sustainable tourism in the terms established above. Therefore, to enable the necessary measures and instruments to achieve the desired objectives, and this inevitably involves limiting certain forms of supply, especially those which, I repeat, go against sustainability. I am not just referring here to so-called “overtourism”, which is yet another example of unsustainable tourism, but to all forms of tourism which, from whatever perspective – environmental, economic, social or health-related – upset the previous balance of the tourist destination in question. Let us now look at the various measures proposed. 3.4. – Legal-administrative instruments for the implementation of the change of the tourism model Logically, a commitment to sustainable tourism is required from all public authorities. In accordance with the principle of legality, no administrative control measure can be authorised that is not covered by a regulation with the status of law. The judiciary, insofar as they perform jurisdictional functions, must also pay attention to the principles that may or may not be included in the regulations (we often forget that judges and magistrates, in the performance of their duties, must take into account the general principles of law, of which sustainability is a part27). These control measures must also be respectful of the rules which, more than a decade ago, largely liberalised the tourism market. I am referring, of course, to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, and its transposition in Spain through two laws: Law 17/2009 of 23 November on free access to service activities and their exercise, and Law 25/2009 of 22 December amending various laws to adapt them to the Law on free access to service activities and their 27 PIÑAR MAÑAS, J. L. (2002) (Dir.), UTRERA CARO, S. F. (Coord.), Desarrollo sostenible y protección del medio ambiente, Thomson.