The royal decree does not explain the reasons for canceling these performances, which the legislator and the Constitutional Court itself consider cultural heritage
The Supreme Court (TS), for lack of sufficient justification, overturned Exclusion from bullfighting From the scope of application of the Government-approved Youth Cultural Scholarship, which is awarded 400 euros per year.
Sources from the Supreme Court indicated to EL PERIÓDICO DE ESPAÑA that the decision does not go beyond annulling the exclusion of this type of show, despite the arguments that have been expressed It makes it very difficult for the Ministry of Culture to exclude them again From the catalog of activities included in the voucher. Thus, the answer goes through either iInclude bullfighting activities in your catalog or by Try to better justify your reasons to ignore them.
Specifically, the Supreme Court’s controversial administrative chamber has estimated Resume submitted by the Toro de Lidia Foundation Against Royal Decree 210/2022, dated March 22, defining the aforementioned reward regulation and repealing the phrase “bullfight” in Article 8.2.
thus, If he wanted to exclude himself again The kind of youth cultural association activities promoted by the Miguel Eseta department, Appellants can return to the Supreme Court Request a precautionary measure according to their interest for violating the provisions of the Chamber. This application can be used to date regarding The remaining funds for use In the corresponding youth reward for 2022, according to the same sources.
disputed principle It proved that bullfighting shows are not eligibleIn addition to sports, the acquisition of stationery products, textbooks, equipment, software, hardware, electronic and computer consumables, art materials, musical instruments, fashion and gastronomy.
richness and cultural heritage
Top explains it You don’t have to decide if bullfighting events are cultural manifestations, because it was the same legislator who did so affirmatively when regulating bullfighting as a cultural heritage. He adds that the Constitutional Court has also clarified the cultural nature of bullfighting.
However, the Supreme Court understands this There are no reasons in the file or in the royal order itself to explain the exclusion. “The offers presented in its preamble do not seem valid for this purpose, since it only says that bullfighting shows are promoted by other means and that each administration has the power to decide freely which sectors or activities of public interest or utility it promotes and how to do so.” Exposing the Supreme Court.
The verdict, given by Judge Pablo Lucas, believes that those General interpretations are “insufficient” when there are specific legal provisions that impose on public authorities an obligation to act positively in a particular area, It also happens with bullfighting, with which it claims “a singular sufficient entity justification as to why they should be excluded from the youth cultural reward”.
Moreover, he asserts that “There is no identity or connection “between the bullfighting shows and other activities excluded from the €400 aid that allow the reason for exclusion to be inferred.
The Supreme Court also warns that “the youth cultural scholarship has a projection of a general nature, in addition to that it can be considered eligible as long as it is directed at a new generation, that is, it looks to the future. Youth represented by – according to the opinion of the Council of State nearly 500,000 – perspective is necessary when It is about saving and Promotion of cultural heritage It is about “.
Thus, between the reviewed measures and the cultural reward for young people – which includes 210 million euros according to the aforementioned report – The ratio necessary to conclude that bullfighting is given a balanced treatment with the importance recognized by the legislatorHe concludes.