Tourism Law in Europe

A first consequence of the distribution of legislative powers in Spain in the matter of tourism is that the concept of tourist rental is different in each Autonomous Community. Take into account that in Spain there are 17 Autonomous Communities: (Andalucía, Aragón, Principado de Asturias, Illes Balears, Canarias, Cantabria, Castilla y León, Castilla- La Mancha, Cataluña, Comunitat Valenciana, Extremadura, Galicia, Comunidad de Madrid, Región de Murcia, Comunidad Foral de Navarra, País Vasco, La Rioja) and two Autonomous Cities (Ciudad Autónoma de Ceuta, Ciudad Autónoma de Melilla). There are, therefore, different regulations in different autonomous regions with the same objective (the regulation of tourist rental of short-term homes) but, sometimes, with different content. The specific legal regulation of this type of rental, occurs in some cases ex novo and in other cases as a modification of pre-existing regulations to adapt it to the new poblem and current situation. Although the different denominations pursue the same concept (a different and alternative form of accommodation to that of the traditional hotel and non-hotel regulated accommodation), the truth is that Spanish doctrine criticizes this lack of uniformity in terminology. The authors advocate the search for instruments of coordination between the different Autonomous Communities that allow a minimum standardization or coordination of legal solutions. This is desirable and convenient for economic and legal operators, always respecting the framework for the distribution of powers established in the Spanish Constitution 9 . 3. Uneven and Changing National Jurisprudence In the absence of specific legislation on holiday rentals mediated by digital platforms, the Spanish courts have had to rule on ex novo regulations, on modification of pre-existing regulations but also on legal gaps that have necessarily had and will have to be resolved. Spanish jurisprudence has staggered from one side to another, until the CJEU pronounced itself and unify criteria at European level. The first criterion needed for uniformity at the European level was to determine the legal nature of the platforms that mediate in vacation rentals. Determining the legal nature of 9 Vid . A. Martínez Nadal, “Sobre el cambiante y divergente concepto de alquiler turístico en el Derecho español” , Diario La Ley , ISSN 1989-6913 , Nº 9712, 2020.