Análisis del impacto de la transposición de la directiva Bolkestein en la profesión de los guías de turismo en España

Abstract

Since Spain joined the European Union in 1986, his legislation has had to adapt to the Directives that it has been created by European Union and that have been binding by Spain. The transposition, legally speaking, is a process where the deployment mechanism and implementation of these Directives by national authorities as giving only the guidelines requires a normative complement to states for effective implementation (Aguado & Noguera, 2012). In 2006 was promulgated a new Directive 2006/123/EC, known as the Bolkestein, on services in the internal market, affecting among other sectors, the tourism.
According to the article 148.1.18 of the Spanish Constitution, the Autonomous Communities (CCAA) and Autonomous Cities have transferred the responsibility in tourism area, so that they corresponded to perform the transposition of Directive Bolkestein to their legislation, (Casanovas, 2011) affecting them to professional sectors part of the tertiary sector, among which is the tourist guides. The study seeks to examine how it has managed that transposition by the CCAA in the regulations that directly or indirectly affects the professional sector of the tourist guides.
The methodology that was followed involved the collection, the analysis and emptying of the legislation of each Autonomous Comunity. Also to see how has transposed it to them and in what situation has remained the profession of tourist guide. The results of research show that there are no uniform criteria followed and in some regions there has been a loophole left in utter helplessness to this profession, leaving the other side open door to the intrusion which has been an endemic problem in it.