He believes that the Government violates the Constitution by omitting the reference to Spanish as the vehicular language of education in Catalonia
MADRID, 29 Jul. (EUROPA PRESS) –
The Popular Group has presented this Friday in Congress an appeal of unconstitutionality against several articles of two regulations of the Generalitat of Catalonia “against the use of Castilian in education.” In his opinion, the Catalan Government violates the Constitution by omitting any reference to Spanish as the vehicular language of education in Catalonia.
Both the leader of the PP, Alberto Núñez Feijóo, and the president of Ciudadanos (Cs), Inés Arrimandas, had already announced in May that they would jointly appeal to the Constitutional Court the new Catalan law in schools agreed between the PSC, ERC, Junts and the common ones.
Specifically, the appeal that the PP has presented before the high court affects articles 2 (a and d), 3.1 and 4.1 of the Decree Law of Catalonia 6/2022, which establishes the criteria applicable to the preparation, approval, validation and revision of the linguistic projects of educational centers, as well as articles 2.1 and 2.4 of Catalan Law 8/2022, on the use and learning of official languages ??in non-university education.
One of the grounds for the appeal is that both the Decree and the Law omit any reference to Spanish as the vehicular language in education in Catalonia, violating the Spanish Constitution, the Statute of Autonomy and the Court’s own doctrine in a judgment of June 2010, as stated in a statement released by the PP.
In the first place, the appeal explains that the Decree Law violates article 64 of the Statute of Autonomy of Catalonia and article 86 of the Magna Carta, as there is no enabling basis for the use of said rule that requires extraordinary and urgent need, in addition to transcending the limits established in the Statute for the use of said regulatory instrument.
The GPP considers that the Generalitat’s justification for using a Decree Law, alleging that it is to prepare for the 2022-2023 school year, is not valid, given that it considers that “in reality, the urgent urgency that the Decree preaches is the intended coverage legal order to avoid immediate compliance with the judgment of the TSJ of Catalonia 201/2020 regarding which an execution incident has been raised that obliges the Generalitat to execute it”.
The appeal adds that it is intended to erect said rule in a case of “legal impossibility” of executing the judgment, and that “the extraordinary and urgent need only derives from the urgency of having a normative instrument that allows it to oppose this ‘ legal impossibility’ of execution within the procedural deadlines of the incident of execution of the sentence”.
Regarding article 2d of the Decree Law, it is indicated that it violates several articles of the Constitution and 64 of the Statute of Autonomy, and that it is directly aimed at avoiding compliance with a sentence contained in a sentence and the order that orders its execution. .
Likewise, article 2 of the Decree and 2.1 of the Law are challenged for totally eliminating any normative reference to Spanish as the vehicular language of education in Catalonia, when it is constitutionally required that the two co-official languages ??be recognized as vehicular. In addition, in those same articles of these regulations, the use of Catalan as the normal language in the reception of students is included, so that Catalan can completely displace and exclude Spanish.
Other grounds for the appeal focus on the fact that the aforementioned regulations violate constitutional precepts related to the autonomy of the centers guaranteed by the basic regulations of the State and with the high inspection as exclusive competence of the same, in addition to the competence of the State for the regulation of the use from Castilian.
As for the precepts of the Decree and the Law, which indicate that the department responsible for education assumes and verifies the legality of the linguistic projects that it validates, it is highlighted that they violate article 106 of the Constitution, which establishes that the courts control regulatory power and the legality of administrative action.
In other words, no department, body or administrative unit can itself assume any control or responsibility for the action carried out in the execution of its powers. “And no action or administrative inactivity can be exempt from judicial control,” adds the resource of the Popular Group.
