International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER and instruments aimed at simplifying administrative procedures and interventions and different incentives for the promoters of tourism activities. Another clear example of this line of action can be found, without wishing to be exhaustive, in Decree-Law 25/2020, of 29 September, which, as an extraordinary and urgent measure, creates and regulates the Andalusian Tourist Voucher, as a consequence of the situation caused by the coronavirus (COVID- -19). As can be seen in this regulation, the legislator’s measures (in this case the Andalusian Government using its legislative power) are essentially aimed at increasing and promoting supply without taking into account other considerations. Or, in the same region, Decree-Law 6/2021, of 20 April, adopting urgent measures as a consequence of the situation caused by the coronavirus (COVID-19), for the sectors of hotel establishments, tourist flat establishments, tourist camps and rural tourist complexes, and modifying other regulatory provisions, whose Explanatory Memorandum, point II, paragraphs 9 and following, shows the Andalusian Government’s ultimate concern in approving the regulatory text under analysis: “In view of this exceptional situation, it is necessary to adopt exceptional measures to alleviate the negative effects that the constraints on free movement are having on these Andalusian companies, to safeguard the companies and employment linked to this socio-economic activity, sustaining the tourism sector until it is reactivated. For this reason, using the powers conferred by Articles 71 and 37 of the Statute of Autonomy for Andalusia, this decree-law regulates three lines of subsidies for hotel establishments, tourist flat establishments, tourist camps and rural tourist complexes, with the aim of financing the working capital of SMEs, in order to help maintain these sectors affected by the economic impact of the pandemic caused by COVID-19 and the measures adopted to contain it, helping to sustain the continuity of their company or business, avoiding the definitive cessation of the same and, therefore, the destruction of employment. Therefore, given the need to support these companies, in a situation of extraordinary and urgent need, caused by the concurrence of the pandemic situation and the measures that have been adopted to control its expansion, which are proving to be devastating for their respective businesses, this Decree-Law establishes a non-competitive procedure for granting subsidies”.

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