He Contentious-Administrative Court of Soria maintains the suspension of the celebration of the Toro Jubilo de Medinaceli, in all its terms, after studying the allegations presented by the Medinaceli City Council and the Government of Castilla y León against the order of very precautionary measures.
The Medinaceli City Council has considered that the appellant party, Pacma, in reality only alleges but “does not prove that the celebration could cause harm to the animal.” The precautionary measure moves, according to his lawyer, in a «uncertainty scenario» because such damage has not been proven even indirectly, without the factual aspect of the previous judicial process being sufficient. «There has not been provided a serious, scientific, clear and solvent report that links the impact that the celebration of the celebration can have on the animal,” he highlighted.
In the allegations, the Medinaceli City Council also states that the damage to municipal coffers Due to the suspension of this party, they suppose to rise at 50,000 euros.
The Court, however, maintains that the rite produces “obvious damage and impact on the physical and mental well-being of the animal” without any justification for it other than protected by a mere tradition or historical rite. «This reasoning, it is insisted once again, cannot be raised as a insurmountable argument to the evolution of times, to the new social sensitivity (whose protection must also be entrusted to the Public Administration, it must be added) and to the interpretation of the norms in accordance with the social reality in which they must be applied, not being able to accept a stagnation of one’s own principles of our social and legal State as configured by our Constitution,” he stressed in the order collected by Ical.
Likewise, he specified that “the certain and notorious danger of damage to animal welfarean affront to the international, European and Spanish regulations in force today regarding these considered as sentient beings and not as reified elements for the mere enjoyment of human beings, It means that no further proof of the ostensible risk of causing these damages is necessary until the declaratory process is issued and resolved through its ordinary procedural procedures.”
However, he admits that the Court could have analyzed another decision if the City Council and the Board sued would have ordered the celebration of the traditional bullfighting celebration in another wayavoiding and guaranteeing any physical and psychological risk to animal well-being and embracing the spirit and foundations of the judicial ruling already issued in which the motivation was collected as to why animal well-being is considered to be at stake in the case at hand.
«Physical and psychological risk»
«But it has not been like that, but it remains in the same and exact terms as in past celebrations in which it has been proven that there is an high physical and psychological risk in an animal to the point of having caused his death on a previous occasion,” he highlighted.
There is an appeal against this resolution and it will be filed before that Court by means of a document presented within 15 days, counted from the day following its notification, for resolution by the Contentious-Administrative Chamber of the Superior Court of Justice of Castilla y León (Burgos headquarters).
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