MADRID, 23 Oct. (EUROPA PRESS) –
The Plenary of the Constitutional Court (TC) will study this Tuesday whether or not to admit the request of the High Court of Justice of Catalonia to review the law approved by the Government that eliminates the obligation to teach 25% of classes in Spanish.
As reported by the body of guarantees, the magistrate Enrique Arnaldo will be in charge of writing the paper on the question of unconstitutionality raised by the judges of Catalonia.
Specifically, it was the Chamber of the TSJ in charge of the execution of the 25% sentence that took the case to the Constitutional Court, having doubts about the legality of the Government decree that, in its opinion, gives “preference” to Catalan when setting explicitly the “non-application” of percentages in the linguistic projects of the schools. The judges also presented an issue of unconstitutionality on the Law on the use and learning of official languages.
This law establishes Catalan as the language normally used as a vehicular language and establishes Spanish as the curricular language that will be used in the terms established in the linguistic projects of the centers, without setting percentages, for which the court understands that it gives a “preferential” use ” into Catalan.
Last July, the TSJ of Catalonia confirmed the impossibility of executing the ruling that forced 25% of teaching hours to be taught in Spanish because it contradicts the new Catalan regulations on the use of official languages ??in education, which raised “serious doubts about its validity due to vices of unconstitutionality”.
The judges went to the court of guarantees when considering that these new norms suppose a new linguistic model that “does not allow reconstructing the position of Castilian in parallel to that of Catalan without incurring in fraud of law”. Thus, they warned that the new regulations are incompatible with their sentence, not only because it eliminates the percentages of use of each language, but also because the incompatibility “is complete since it responds to a different and incompatible model.”
RESOURCES OF PP AND Cs
It should be remembered that last September the Constitutional Court admitted for processing the appeals presented by the PP and Cs deputies in the Parliament of Catalonia against several articles of the Catalan law that eliminates 25% of Spanish in the classroom.
Both political formations considered that, with these regulations, the Catalan Government violates the Constitution by omitting any reference to Spanish as the vehicular language of education in Catalonia. The leader of the PP, Alberto Núñez Feijóo, and the president of Ciudadanos (Cs), Inés Arrimadas, announced in May that they would jointly appeal to the Constitutional Court the law of Catalan in schools agreed between the PSC, ERC, Junts and the commons.
On the sidelines, it is expected that this week the court will begin to deliberate on the question of unconstitutionality that the Supreme Court presented against one of the articles of the Law that regulates the Canarian electricity sector.
It is also expected that the guarantee body apply doctrine in the issues raised by the Canarian courts on the law of urgent measures for the management of public employment in the autonomous community.
In addition, the magistrates must also decide whether or not to admit the appeal filed by the Government against one of the articles of the Valencian law on fiscal measures, administrative and financial management and the organization of the Generalitat. Likewise, they will have to pronounce on the admission of the appeal of the Ecopacifist Greens against the modification of the Organic Law of the General Electoral Regime.
