The Superior Court of Justice of Catalonia (TSJC) has recognized that the new legislation on Catalan at school, recently approved by the Government through a decree law and by the Parliament with a law, prevents the legal execution of the sentence of 25% of Spanish in the classrooms.
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For this reason, as requested by the Assembly for the Bilingual School (AEB), it has asked the parties if it would have to present an issue of unconstitutionality before the Constitutional Court (TC) so that the High Court evaluates whether the new regulations are adequate to the Constitution and to the jurisprudence on Catalan that marked the sentence of the Statute.
The court says that the 25% sentence was based on previous legislation, and that the new regulations are incompatible with the sentence. In addition, it suspends the procedures for the forced execution of the sentence.
In a six-page ruling, the magistrates acknowledge that the Government’s decree law and the law approved by the Parliament in recent weeks “determine the legal impossibility of executing the sentence”, which “raises doubts of unconstitutionality” regarding these texts legal.
On May 31, the last day to carry out the forced execution of the sentence, the Generalitat requested that the legal impossibility of executing it be declared and the various linguistic projects be endorsed according to the decree law approved days before. The decree provides for the “non-application of numerical parameters, proportions or percentages in the teaching and use of languages,” says the same TSJC. A few days later the Parliament approved the law 8/22 of languages in schools.
From ERC they have considered that the decision of the TSJC is a “partial victory of politics” and have underlined the importance of consensus when proposing the new legislation, which has finally made the court consider that its sentence is unenforceable. “We are not throwing in the towel and we are setting ourselves up as the engine to rebuild the consensus”, the ERC spokeswoman, Marta Vilalta, has expressed her chest. The Republicans regret, however, that “the judicialization continues.”
The Minister of Education González-Cambray has celebrated it with more forcefulness, who has described the judicial decision as “a first victory and fantastic news so that percentages are not applied in any classroom in our country”.
For the head of the Catalan school system, the decision of the TSJC ends, at least for now, with the controversy over how much Spanish should be taught and who is responsible if it does not happen. “We said that we would provide a legal and legal shield to all teachers and linguistic projects so that they would not have any risk and continue doing what they know how to do, educate”, he stated.
From the PSC they have shown their respect for all the judicial initiatives that are undertaken, but they have assured that they supported the new law (and not the Government decree) to update the linguistic immersion model because it was a norm that was “adapted to the needs of each center. “We also remember that the Council of Statutory Guarantees endorsed the constitutionality of the law,” said the socialist spokesperson Elia Tortolero, who also stated that the new legal framework guarantees the use of Castilian “as a language of learning.”
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