IMPACT ON FREE COMPETITION IN THE REGULATIONS 655 of free competition, since there can be no differences in treatment with the rest of the tourist accommodation9. Regarding the establishment of a maximum period for the stay, imposed by most of the autonomous standards as close to 30 consecutive days, it determines that it is convenient to distinguish the transfer of VUT (professional) and the lease for a season (made by individuals). 3. ADMINISTRATIVE REGULATION IMPLIES RESTRICTIONS, OBLIGATIONS AND CONTROLS. HOW ARE THEY JUSTIFIED? The necessary market unity and the regulatory framework for the provision of services impose a critical vision of the administrative regulations developed so far. It is necessary to take into account the following: freedom of business (Art. 36 CE); the Law of Private Property (Art. 33 CE); the Services Directive 2006; Law 17/20009 on free access to service activities and their exercise; and Law 20/2013, Guarantee of the Market Unit. The freedom of business and the right to private property are not unlimited. They may suffer limitations in the interest of respecting other rights and freedoms that already take into consideration their social function. These limitations have to be duly justified and proportionate. The Services Directive 2006 and the Laws 17/20009 of free access to the services activities and their exercise, as well as 20/2013, about the Guarantee of the Market Unit, are inclined towards the reduction of administrative intervention. The goal is establishing less harmful means of intervention to grant a greater freedomof business and the establishment of less intense regulations (eg, administrative authorizations yield to the Responsible Declaration and prior communication). Requirements may be imposed for the provision of services, but they must: 1. be justified by overriding reasons of general interest (public safety, protection of user rights, the environment, protection of the urban environment); 2. To be proportionate to the aforementioned overriding reason of general interest; 3. Be clear and unambiguous; 4. Be objective; 5. Be transparent and accessible; 6. Being communicated in advance; 7. And they cannot imply any discrimination. The regulations of the different Autonomous Communities must comply with these two parameters: justification and proportionality. 9 Sentencing No. 291/2016, of 31 May, of the Hight Court of Justice of Madrid.
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