Justice believes that the decree on Catalan violates 7 articles of the Constitution

A banner at a demonstration against the 25% ruling in Spanish. / EP

The TSJC admits that the sentence on 25% of Spanish cannot be executed with the new regulations of the Government and the Catalan counselor speaks of a "great victory"

The next course, which in Catalonia will start a week earlier than usual, will start without linguistic changes in the Catalan classrooms. Catalan will continue to be the vehicular language and Spanish will be taught as one more subject. There is a ruling that obliges the Catalan Government to give at least 25% of the classes in Spanish. But the TSJC yesterday paralyzed the execution of this judicial ruling. He decided it after verifying that the new regulations approved by the Generalitat -a decree and a law- "determines the legal impossibility" of executing the sentence. "Both legal norms define a linguistic model in the school environment that is incompatible with the parameters taken into consideration in the sentence," admit the judges.

Thus, the ruling requires 25% of classes to be taught in Spanish, while the law and the Government decree explicitly ensure that percentages cannot be applied in the use of languages ​​and reaffirm Catalan as the "vehicular language". For now, the Generalitat gets away with it and manages, for now, to avoid the court ruling. For this reason, the Catalan Minister of Education, in a very triumphant tone, spoke of a "great victory" in court and "fantastic news" for the Catalan language. "We have won a battle but not the war," they pointed out in Junts. And it is that, justice believes that the decree and the law on Catalan approved by Catalan could violate up to seven articles of the Constitution (3, 9.3, 24.1, 27, 86, 117 and 118). For this reason, the TSJC has decided to urge the parties involved in this legal case to argue within a period of 10 days about the relevance of raising an issue of unconstitutionality before the Constitutional Court.

“We are facing a situation that unexpectedly prevents the execution of the sentence as a consequence of the promulgation of legal norms that raise doubts of unconstitutionality, on whose validity the decision that we must adopt depends, which forces us to raise the issue before the Constitutional Court », affirm the judges, who suspend the application of the ruling, waiting for the Constitutional Court to resolve. The TSJC had to respond to the brief presented by the Generalitat on the last day of May, when the term given by the justice system to execute the ruling expired. In its defense, the Government argued that the ruling is inapplicable, insofar as there is a new legal regulation, approved in extremis, which explicitly ensures that percentages cannot be applied in the use of languages ​​and reaffirms Catalan as a "vehicular language" .

This "first partial victory", according to the independence movement, is a "first step", warned the Minister of Education, "so that 25% of Spanish is not applied in any classroom in Catalonia." The Government affirmed that both the decree (approved by PSC, ERC, Junts and the commons) and the law (validated by ERC, Junts and the commons exceeded the opinion of the council of statutory guarantees on its adaptation to the Magna Carta and the Statute.

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