Rejects the precautionary measures requested by the Department of Education to impose linguistic immersion in schools based on the new law
- courts The Government urges 10 Catalan schools to remove the application of 25% of Spanish
The Superior Court of Justice of Catalonia (TSJC) has rejected the request of the Generalitat to revoke the precautionary measures ordered by the magistrates and to apply 25% of Spanish in two Catalan schools. They are the first judicial resolutions that guarantee that bilingualism continues to be taught in the classrooms despite the fact that the Generalitat appealed these court orders last August arguing that the new legislation, which established that Catalan was vehicular and Spanish was learning, made the bilingualism unnecessary. 25% measure.
In this sense, the Department of Education urged all schools in which bilingualism was applied in some of their classrooms, since some family had requested it, to stop doing so. Most heeded them but a dozen still resisted. The decision of the TSJC known this Thursday is a blow to the Generalitat that, without waiting for the resolution of its resources, urged educational centers to stop applying the 25%.
The Assembly for the Bilingual School (AEB) recalls that the court “denies the possibility of withdrawing 25% of Spanish from families that had it recognized in precautionary measures and sentences in two centers in Vila-Seca and El Prat” and warns Education “that only the court can give that order.” Of the thirty centers in which 25% was applied, some 8, according to the AEB, have notified families that they stop doing so following the guidelines of the Generalitat: Tur del Drac school in Canet de Mar, Salvador Dal institute in El Prat de Llobregat, Valria Halin Institute in Castelldefels, Vedruna School in Palams, Milagros Consarnau School in Hospitalet de Llobregat, Josefina Ibez de Abrera School, La Falguera School in Vilanova del Valls and Vinya del Sastret School in Sant Esteve Sesrovires.
The TSJC points out that “it is true that the new regulatory framework alleged by the Administration may limit the scope of the precautionary protection that may be granted in the future, and for this reason this court has expressed the doubts of constitutionality raised by the aforementioned regulation; however , this general framework in no case has an instant impact on already recognized individual legal situations, since, although Catalan legislation does not define Spanish as a vehicular language, its educational use is included in the new regulations and the individual right of the student to receive instruction in Spanish it has a constitutional basis and is contemplated in the basic state legislation”, specifically in the Organic Law of Education.
However, it indicates that both the decree law of the Government of May and the law of the Parliament of June on the use and learning of official languages in non-university education “establish a single model of public education, of a vehicular linguistic monopoly of Catalan , where the presence of Spanish must be defined based on pedagogical criteria established” in the standard and that “require an analysis of the sociolinguistic environment of the centers, the general environment and the objectives of linguistic normalization, and that must be carried out in a systematic way.” individualized”.
The court points out that in the two cases analyzed the Generalitat does not allege what are the “individualized pedagogical criteria that determine the need to modify the precautionary decision”. In addition, they indicate that “the minimum use of Castilian, precautionarily agreed, is not affected by the prohibition of percentages established in article 2.4 of the Decree Law, as has already been indicated previously, since the precept establishes a criterion that governs the preparation of of linguistic projects, for its own programming purposes, not being extended to the actual number of teaching hours taught in one language or another, which obviously always offers numerical or percentage parameters”.
“As has already been indicated, the specific application of the new regulations in each center, in accordance with the new legal criteria, could affect the precautionary measure decreed on the use of languages, but as long as there is no evidence that said application has occurred that affects the precautionary measure, this is not incompatible with the new regulatory framework”, indicates the TSJC and therefore rejects the Government’s appeal. In this way, the court opens the door to maintain 25% of Spanish in the classroom despite the fact that 8 schools have paid attention to Education and have stopped teaching it in contravention of a court order.