The High Court of Justice of the Balearic Islands (TSJIB) has declared null a part of the decree of general principles and guidelines for coordination in tourism which was approved by the Government of the Balearic Islands in 2015 as it believes that invades own competencies of the Insular Councils.
The initiative part of the appeal presented by the Consell de Formentera against the decree that developed the Balearic Islands Law of Tourism, and the Court of the province has declared null its Section II.
Among the elements on which legislates the above mentioned title are the regulation of the the begin of a tourism activity, the inspection of activities in the sector, Intervention Plans in Tourist Areas (PIAT), the processing and effects of the statement of touristic interest and the processing of the sale of tourist places.
To understand this sentence, we must take into account that the authority of the Government of the Balearics regarding Tourism covers the following aspects:
– Management and planning of the tourism sector.
– Management of promotion bureaux overseas
– Regulation and classification of tourism companies and establishments
– Regulation of public lines of support and promotion of tourism.
As for the Insular Councils, their regulatory authority is limited to the competencies of information, management and tourism promotion.
The Court says in the sentence that the government is not allowing the Insular Councils to regulate on matters of own powers, claiming that the regulation of various tourism issues including Title II of decree questioned by the Consell de Formentera “violates Articles 58.3 and 72.1 of the Statute of Autonomy of 2007, in conjunction with Article 70.3 and therefore incurs the defect of nullity “. It adds that the management, promotion and tourist information are “binding powers” of Insular Councils and, since 2007, “can no longer be understood that attach to the control of the Government”.
If you are thinking of to enjoy your vacation time in a holiday rental home or has a property in Mallorca and want to get a rental, please contact us. Our specialist team will advise and report on the Law of Tourism and the situation of holiday rental homes in Balearic Islands.