The Government has changed its strategy in the face of the 25% Castilian ruling issued by the Superior Court of Justice of Catalonia. If two months ago the Department of Education transferred to the judges a plan without percentages under the premise that this allowed it to comply with the sentence, this Tuesday it has sent a letter in which it practically alleges the opposite, that is, that it is before a “legal impossibility” to apply the sentence, as there is a new legal framework (approved by himself) that prevents it. Minister Josep González-Cambray explained that they act on the basis of the new decree-law, approved this Monday, which should serve so that “no center applies linguistic percentages”, he said.
The document sent by the Government to the TSJC this Tuesday indicates that, after the entry into force of the new decree, there is a “cause of legal impossibility to comply with the sentence of December 16, 2020”, according to the Legal Office of the Generalitat , since the ruling claims to impose 25% of Spanish while the decree-law considers that one of the criteria for drawing up language plans is not to stick to fixed percentages but to issues such as the sociolinguistic environment of the centers.
In addition, the Government alleges that while the court had been accusing the Catalan administration of inaction to guarantee the teaching of Spanish, the new legal framework does introduce full knowledge of this language as one of the objectives to be guaranteed. “It should be said, in this regard, that neither the Constitution, nor the Statute of Autonomy of Catalonia, nor the basic state legislation on education impose that the regulation on the use of languages in school has to follow a model of percentages”, assures the Government.
The legal maneuver of the Government takes refuge in an article of the law of the contentious-administrative jurisdiction that states that, when an administration finds a material or legal impossibility to execute a sentence, it must inform the court. Subsequently, these same judges will be the ones who must decide if this material impossibility actually exists or change the execution to make it compatible. The court also has the option of raising a question of constitutionality before the Constitutional Court, so that it can interpret whether the new legal framework is in line with the law and, in any case, how the Government should apply the ruling of the TSJC.