International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW As can be seen, no mention is made of the promotion of sustainable or quality tourism, or of a change in the tourism model. The measures focus essentially on maintaining a tourism model which, as has been shown, is unsustainable. It is not the intention to criticise this type of measures, which are indeed very commendable, as they seek to boost a sector that is essential to the economy of these regions and of the State in general. What is striking, however, is that certain economic crises (economic crisis of 2009, pandemic, etc.) are used to promote measures aimed at increasing the supply and number of tourists. However, it never seems to be the right time to promote investment in appropriate technological tools to facilitate the control work of the competent public administrations. In my opinion, the current moment is key. The Autonomous Communities must react and make the necessary structural changes in their administrations to facilitate the transition not towards an electronic administration, but towards an “intelligent administration”, if I may use an expression that does not hide any malicious intent. In this sense, given that we are talking about control mechanisms that are regulated in the Law on Common Administrative Procedure, that is, Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, this change should be led by the State, even though it lacks direct competences in tourism matters, in principle. In the following section I will analyse, in a more exhaustive manner, the changes that specifically arise in the administrative control of tourism supply linked to a structural change in public administrations. In short, not so much the use of ICTs to achieve the objectives of tourism sustainability mentioned above, but the conversion of the model to one that is, if you will allow me to use the expression, intelligent. That is, based on new technological tools that allow for automatic decision-making, if necessary. Above all, on the side of the competent public administrations which must, in my opinion, lead and encourage change. 3.5.4. – Smart tourism: science fiction or inescapable reality? The necessity for structural change. It is necessary to begin, I believe, by attempting to define the concept of smart tourism. I pointed out above that it is not simply a matter of using ICTs to achieve certain objectives. Rather, it is about a radical change in the model that will, in turn, make it possible to achieve an adequate level of tourism sustainability. Of course, the change I am proposing must be addressed by all actors: public administrations, activity promoters and, to the extent that smart tourism services are attractive, by the tourists themselves.

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