The magistrates consider that the regulations could infringe precepts of the Magna Charge and of the Statute itself
The Fifth Section of the Administrative Litigation of the Superior Court of Justice of Catalonia (TSJC) has agreed to submit to the Constitutional Court a question of unconstitutionality regarding the decree law of the Generalitat that establishes the criteria applicable to the preparation and validation of the linguistic projects of the centers education of the Catalans. This regulation was approved in response to the decision of the Catalan high court that required 25% of classes to be taught in Spanish. The magistrates also raise a question of unconstitutionality regarding the law on the use and learning of official languages in non-university education, approved by the Parliament of Catalonia on June 9, 2022 Specifically, the togados maintain that it could be infringing different articles of the Constitution and the Statute of Catalonia itself.
Last May, the Catalan Government approved a decree against the clock to avoid the sentence of 25% of Spanish that establishes Catalan as the vehicular language in education while Spanish will have an “adequate presence” to the needs of each center. The Ministry of Education will endorse the linguistic project of each center so that the Generalitat becomes legally responsible before the courts. This was announced by the Government spokeswoman, Patrícia Plaja. The 25% of Spanish in the classrooms should come into force as of this Tuesday, May 31.
The objectives
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The purpose of the decree was to “set the criteria applicable to the preparation, approval, validation and review of linguistic projects of public educational centers and private educational centers supported with public funds, in order to establish the relative aspects in the organization of teaching and the use of the official languages in each center”.
Article 2 states that the goal is for students to achieve “the oral and written command of Catalan and Spanish at the end of compulsory education” with periodic evaluations every two years at the mostthat the linguistic projects must adapt “to the analysis of the sociolinguistic environment of the centers, of the general environment and of the objectives of linguistic normalization” and it is written “the non-application of numerical parameters, proportions or percentages in the teaching and the use of the tongues”.