The Superior Court of Justice of Catalonia (TSJC) has ratified the caution that imposed in classrooms six schools so that they impart at least 25% of teaching hours in Spanish, and that in the opinion of the court “It is not incompatible” with the new regulations of the Government on languages in teaching.
It has done so this Thursday in six orders from the Administrative Litigation Chamber, with which it rejects resources from the Ministry of Education of the Generalitat, which requested revoke the obligation that the court had set in February, and that are added to the two schools known last week.
The magistrates argue that the new regulations of the Government on languages in education –and that according to the TSJC itself is incompatible with the 25% ruling– “does not necessarily affect” these precautionary measures.
However, the judges remember that “There is a firm judicial resolution, of a precautionary nature, which recognizes the student’s right to receive instruction in Spanish with a certain intensity of use”, referring to the precautionary measures issued in February, and they add that this is not affected by the new regulations of the Government.
On the other hand, they do not rule out that the precautionary measures may be affected once the “unique application” of the new regulations in schools.
Even so, they insist that the regulations “in no case does it affect instantly individual legal situations already recognized”, like these precautionary measures.
government decree
In May, the Government approved, in response to the ruling of the TSJC on 25% of Spanish, a decree law that explicitly sets the “non-application” of percentages in the use of languages in teaching and which establishes Catalan as the vehicular language.
The TSJC itself confirmed the “legal impossibility” of executing the 25% judgment because contradicts this new regulation, and has raised an issue of unconstitutionality to the Constitutional Court (TC).
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Specifically, the Government decree stipulates that the use of Spanish must be defined based on pedagogical criteria, and the judges now argue that “in this case, the pedagogical criteria are not stated or confirmed individualized that determine the need to modify the precautionary decision”.
The judges consider that the precautionary obligation to use at least 25% of Spanish “is also not affected by the prohibition of percentages” established by the decree.