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  • Go back The Government leaves the bulls out of the Cultural Bonus

The Supreme Court has annulled for

lack of justification

the exclusion of bullfighting from the scope of application of the Youth Cultural Bonus.

The Contentious-Administrative Chamber has estimated this Tuesday the

appeal filed by the Toro de Lidia Foundation

against Royal Decree 210/2022, of March 22, which establishes the regulations for the aforementioned Bonus and annuls the expression "and bullfighting" of its article 8.2.

Article 8, in its section 2, established that bullfighting shows,

in addition to sports

, together with the acquisition of stationery products, curricular textbooks (printed or digital);

computer and electronic equipment,

software, hardware

and consumables, artistic material, musical instruments, fashion and gastronomy.

The High Court explains that

it is not incumbent on it to decide whether bullfighting, in general, and bullfighting shows, in particular, are cultural manifestations

, since it has been the same legislator who has done so in the affirmative, as clearly explained by the Law 18/2013 for the regulation of bullfighting as cultural heritage.

The Chamber adds that the Constitutional Court has also made clear that same cultural nature of bullfighting, which

the challenged Royal Decree does not deny

, but rather, on the contrary, assumes that they have that nature and, therefore, must expressly exclude them.

The conclusion reached by the Supreme Court is that neither in the file nor in the text of Royal Decree 210/2022 itself, according to the lawsuit, are there reasons that explain the exclusion.

"The ones offered by its preamble do not seem valid to us, since it only says that bullfighting shows

are promoted through other instruments

and that each Administration has the capacity to freely decide the sectors or activities of public interest or utility that it promotes and in what way.

way he does it", says the sentence, presentation by magistrate Pablo Lucas.

For the Chamber,

these generic explanations, however, are "insufficient"

when there are specific legal provisions that impose on the public powers the obligation to act positively in a certain area, such as bullfighting.

For this reason, it considers that the specification given by Law 18/2013 to the mandate of articles 44 and 46 of the Constitution entails the need for "

a singular justification

of sufficient entity for why bullfighting shows are left out of the Youth Cultural Bonus" .

The Supreme Court affirms that it does not find this justification in the other exclusions included in article 8.2 of Royal Decree 210/2022 either, since "there is no identity or connection between them that allows us to deduce the reason for the exclusion that concerns us, therefore, without question the relevance that each one has, it happens that with respect to the others

there is no legal recognition like the one that does exist with respect to bullfighting

in its cultural, historical and artistic dimensions".

The ruling refers to the fact that the State lawyer insists that the General State Administration does comply with its obligation to promote bullfighting, as evidenced by initiatives such as the annual National Bullfighting Prize of 30,000 euros;

the grant of 35,000 euros to the recurring Foundation for the compilation of knowledge and artistic, creative and productive activities integrated into Bullfighting;


Culturas del Toro

project of identification, documentation, research, assessment and transmission of the cultural heritage linked to bullfighting, articulated in the project

Bull cultures in state museums

consisting of

small virtual exhibitions

of which three have been published and another is in preparation;

the exhibition

Bullfighting memory: bullfighting photographs in the state archives,

of which two exhibitions have been held (Salamanca and Seville) and another is in preparation in Sanlúcar de Barrameda.

According to the criteria of The Trust Project

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