IMPACT ON FREE COMPETITION IN THE REGULATIONS 657 of a minimum standard of quality for a tourist product limits the freedom of the company since it is an equipment that is usually found in a home and associated with the product offered”, therefore we must understand that the minimum requirements regulated by Art. 10 of the Canary Law do not constitute a barrier to the free exercise of the activity (specifically the obligation to place a distinctive plaque and the obligations of information and publicity). 3.2. Alleging the right to housing to justify the need for administrative regulation The right to housing (Art. 47 EC) is alleged to justify the need for administrative regulation denouncing the phenomenon of tourism gentrification, the decline in the supply of habitual housing, deconfiguration of the urban centre and bankruptcy of the urban model chosen by society through urban planning. As we know, the right to housing does not have the character of a Fundamental Right, nor of a subjective right in Spain. It only has the character of a guiding principle of economic and social policy. It does not confer, therefore, any right to live in a certain area, nor to have affordable prices, since it will depend on the free market. Therefore, the perspective of the private citizen who wants to continue living in a certain neighbourhood and paying the previous rents would not be a sufficient reason to justify the regulation or intervention of the Public Administration. However, greater weight has been given to the concurrent general interest in respecting, preserving and not distorting the model of city chosen and established in urban planning. The qualification of the land and other measures that can be established through urban plans and municipal ordinances constitute an interesting regulatory instrument. Restrictions can also be channelled through territorial and environmental planning for the proper management of the soil, preservation of the environment and, particularly, our cities’ capacity to support and receive tourists. These techniques are being used today. We must highlight the Balearic regulation, Law 6/2017, which provides that regulations or territorial plans and intervention plans in tourism areas are where requirements are developed, with limits for the commercialization activity of tourist stays in housing for residential use10. It can be established as follows: temporary clauses that limit or exclude the commercialization of tourist stays in residential dwellings in certain areas 10 Law 6/2017, of 31 July, of modification of the Law 8/2012, of 19 July, of the tourism of the Balearic Islands, relative to the commercialization of tourist stays in houses. BOE No. 223, of September 15, 2017.
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