Ensuring Compliance with Tourism Legislation in Spain: Administrative Inspection and Sanctioning Activity Humberto Gosálbez Pequeño1 Abstract; I. Introduction; II. The Administrative Inspection of Tourism; II.1. Concept and Delimitation; II.2. Inspection Powers; II.2.1. Entering and accessing tourist establishments; II.2.2. Accessing and examining (in situ) the documentation of the inspected businessman; II.2.3. Requesting complementary or clarifying information; II.2.4. Requiring the delivery of documentation; II.2.5. Requiring the appearance of the businessman in the public office; II.3. Tourist Inspection Measures: “Inspection Reports”; II.3.1. Concept, function and content; II.3.2. Types of reports; III. The Sanctioning Activity of the Tourist Public Administration; III.1. The Main General Principles of the Sanctioning Power; III.1.1. Principle of legality and legal reservation; III.1.2. Principle of typicality; III.1.3. Principle of culpability; III.1.4. Principle of non bis in idem; III.2. Infractions and Penalties; III.2.1. Infractions: Classification and statute of limitations; III.2.2. Penalties: Types, graduation and principle of proportionality; IV. Bibliography. ABSTRACT The regional Tourism Laws entrust the public tourism administration with the administrative activity of control and surveillance of compliance with tourism regulations, which is the inspection activity. The law of tourism attributes to the inspectors some concrete administrative powers, which affect the rights and freedoms of the inspected businessmen. The result of the inspection activity is formalised in the “Inspection Acts”, relevant administrative document, even in the eventual later exercise of the administrative sanctioning power, which will proceed when the inspector appreciates a breach of the tourist 1 Professor of Administrative Law, University of Cordoba (Spain).
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