Constitutional Court

April 3rd, 2013
by Richard

Order CUL/2912/2010, of 10 November (official of Gazette number 275, of November 13), establishes the regulatory bases for granting public subsidies in regime of competitive concurrence of the Ministry of culture and its public agencies. Under it, the Director The INAEM-General is the competent body to carry out the public calls for aid for the body-building activities. The present call for aid is carried out on the basis of article 149.2 of the Spanish Constitution, without prejudice to the powers assumed by the different autonomous communities and cities with statute of autonomy in cultural matters. The centralized management of these subsidies is based, as he has been establishing a consolidated jurisprudence of the Constitutional Court, in the responsibility assumed by the State to preserve the common cultural heritage to ensure equal possibilities of access, obtaining and enjoyment by potential recipients irrespective of its geographic origin, and in the orientation of aid towards artistic activities of statewide or internationally, as is clear from the definition and requirements of the different modalities. In effect, taking into account the nature of the measures envisaged, It is essential to establish a statewide system of aid which compensates the uneven implementation in the territory of the agents of the sector, without that it impedes the establishment of different measures of encouragement by the autonomous communities within its competence. In any case, the constitutional characterization of the culture as a concurrent competence between the State and the autonomous communities needed close collaboration between different territorial entities. The Sectorial Conference of culture activities and meetings of the plenary of the State Council of the performing arts and music contribute to build up a stable framework of collaboration. Conclusions and recommendations fruit of these encounters have had in mind when designing this call for aid, maintaining also the level of participation of the autonomous communities in the procedure of evaluation and granting of aid.

In this sense, and in accordance with the instructions of the Secretariat General technique of the Ministry of culture, the resolution has been report of the autonomous communities and the Ministry of Territorial policy and public administration to ensure its adequacy to the existing competence sharing in the field of culture. Finally, the present aid scheme has been approved by the European Commission through Decision of April 4, 2011, in application of article 107.3 d) of the Treaty on the functioning of the European Union and its implementing regulations. By virtue of the foregoing, this Directorate-General has been resolved: first. Purpose, object and scope of application. To display the resolution in its entirety, visit the website listed at the bottom of the article in your State section.

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