Competition Law in Tourism

ICT AS AN INSTRUMENT FOR MORE EFFICIENT ADMINISTRATIVE CONTROL 409 3.3.2. THE RESIDENTS’ PARTICIPATION IN THE DECISION MAKING A sustainable tourism development, as already stated above, requires the residents’ adequate participation in public decision-making in tourism33. In this sense, the use of ICT can facilitate this task, given that it allows such participation through, for instance, mechanisms for consultation or public information in the electronic office or an Internet portal of the corresponding administration. As is easily understandable, the residents of a particular tourist destination are especially sensitive regarding the development of tourism policies that have as their sole objective the increase in tourist demand and, therefore, the number of visitors34. It is, therefore, especially relevant, in the tourism field, to facilitate the participation of citizens in making administrative decisions that will affect them35. 3.3.3. IMPROVEMENT IN MOBILITY AND ENERGY EFFICIENCY IN CITIES Other aspects that can be positively affected by the use of ICT in smart tourist destinations are those that refer to mobility within the cities themselves36. In this sense, when talking about smart cities and smart tourism destinations, we also refer to an improvement in mobility within the corresponding territories, so that, among other aspects, the traffic flow is optimised, the efficiency of public transport services is increased, avoiding traffic jams, or so-called “peak hours”, saving fuel, reducing pollution37. This improvement in mobility, as is logical, results in a higher quality of services and a lower environmental and social impact, which is why it is crucial to achieve sustainable tourism development. 33 FULLANA, P., & AYUSO, S., Turismo sostenible, op. cit. 34 In recent months outbreaks of “turismophobia” have emerged as a result of the increase of tourists in certain Spanish cities, such as Barcelona or Madrid. See El País, 28 May 2017, available at: https://elpais.com/ economia/2017/05/27/actualidad/1495908161_850351.html. 35 On the importance of citizen participation in the planning of territorial planning, see BOUAZZA ARIÑO, O., “La participación ciudadana en el proceso planificador: fundamento constitucional y legal”, WPS Review International on Sustainable Housing and Urban Renewal, no. 4, 2016, p. 40, “This will seek to find the legal tools that allow the configuration of a territorial planning model that respects the definition of the concept of social justice, going beyond strictly economic concerns. An elaborated planning taking into account the opinion of the population in relation to urban development allowing, in this way, the right of the resident population to their involvement in the democratic decision procedures. Thus, they will be able to express their position on the scheme that they plan to carry out and that will affect their lives or, using a fashion concept, their quality of life”. 36 Destinos Turísticos Inteligentes. Manual Operativo para la configuración de Destinos Turísticos Inteligentes, op. cit., p. 22. 37 MARTÍNEZ GUTIERREZ, R., “El impacto de las Smart Cities en la tutela ambiental y en la planificación urbana”, in Smart Cities, Derecho y técnica para una ciudad más habitable, op. cit., p. 64.

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