Gastronomy Law

about quality gastronomy, that is, about this sector as a tourist attraction or resource. I understand that a high level of gastronomic quality has nothing to do with the need for this service to be provided in luxury establishments. The latter may be part of the criteria for assessing high gastronomic quality (tableware, furniture, etc.), but it certainly cannot be a determining factor in achieving the high standards of gastronomic quality that many restaurants in different countries, and especially in Spain, currently enjoy. What I intend to analyze in this brief paper is to what extent promoting these high levels of gastronomic quality is a public mission. That is, whether the relevant public administration can, through various intervention instruments, maintain a presence in this market. I’m not referring to a control over the food quality of products, or whether they have the corresponding authorization or the relevant declaration of responsibility has been submitted. No, I’m referring to something more complex. What role can the Administration play in establishing a gastronomic quality system, similar to the private sector’s Michelin Guide or the Repsol Guide? The issue is complex, in my humble opinion, because it’s not just about ensuring that establishments meet the most basic health standards, but also that the cuisine they offer is creative, innovative, and striking. In a word, what has traditionally been called “signature cuisine 2. “ I understand, and I will make it clear in this work, that, to the extent that our country has become a global gastronomic benchmark and a large number of tourists come to experience this culture, public administrations must intervene to ensure the continuity and development of this tourist resource. I think it is worth highlighting the economic data that tourism represents for the Spanish economy: Tourism activity reached €184.002 billion in 2023, 12.3% of GDP, which was 0.9 percentage points higher than in 2022. The main branches of tourism generated more than 2.5 million jobs, 11.6% of total employment. The 2 According to ROBERT GUILLÉN, S., (2017), Alta cocina y derecho de autor, Reus, [ROBERT GUILLÉN, S., (2017), Haute cuisine and copyright , Reus], “The « plats Signature dishes, signature dishes , or signature dishes are closer to artistic expression than the know-how learned in cooking schools. The notion of “an author’s own creation” has become clear in the culinary arts. As its protagonists point out, to speak of “creative cuisine” is to speak of “creations” and “authors.” And the classification of culinary works or creations has been established by an increasingly knowledgeable society, which chooses, prefers, and distinguishes between works “by Carme Ruscalleda,” “by Arzak,” “by the Roca brothers,” “by Aduriz,” or “by Adrià.” This reality already underscores the need to protect that link between authors and works: without those authors, their culinary works would not exist, for which they take responsibility when they present them to society. Therefore, they can demand recognition of their authorship, as well as respect for their work. 2 ALEJANDRO CORRAL SASTRE

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