International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER in the wake of previous situations, is to promote tourism without further concerns, facilitating the creation of establishments and thus increasing demand and the number of tourists; the second is to carry out a radical review of the model, focusing policies on preventing the proliferation of the problems to which I referred above and which are closely related to the excessive number of tourists, without forgetting, however, that we are talking about an economic sector that generates a tenth of our country’s GDP and a large number of jobs. The second of the above-mentioned solutions, which I consider to be the most appropriate, is not at odds, although it may seem so, with growth and improvement in the tourism sector. But it is about sustainable growth. Sustainability does not prevent economic growth; on the contrary, it is one of the factors to be taken into account. But it is not about, as it seems to have been the case up to now, generating profits at all costs, without thinking about other considerations or other legal assets that require legal protection. And in this mission, which is really a crossroads, the competent public administrations are called upon to play an essential role through the tools that the Law places at their disposal to verify compliance with certain requirements. In this respect, although the principles of EU law on the free movement of services must be respected, it is no less true that there are reasons that undoubtedly justify decisive administrative intervention to achieve tourism sustainability. To this end, the public administration currently has at its disposal certain technologies that can greatly facilitate its work, making control measures more effective and efficient and, at the same time, eliminating certain burdens on businesses and professionals in the sector. But it is not just a question of using information and knowledge technologies, but rather of a structural change in the model of administrative control over the sector. A change which, as I understand it, should be general for the control of any economic activity, but which is urgently needed in the tourism sector because of its economic importance in our country. We cannot use 19th century legal- -administrative institutions to tackle 21st century problems. Society demands an updated public sector, with the tools of its time that facilitate access to the tourism services market with real control through artificial intelligence systems. Mechanisms that really make it possible to control, in real time, compliance with regulatory requirements and, therefore, to “authorise” the activity in question. In this sense, we need a more modern and proactive administration, not a more interventionist one

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