"Bet on administrations committed to Valencian culture and, especially, on the role of the Valencian". The first P act of the Botànic , signed in June 2015 between PSPV , Compromís and Podemos to give Ximo Puig the presidency of the Generalitat , succinctly and in one line included the Consell's intentions in language policy .

Not much more was needed, because with the distribution of portfolios, Education and Culture fell on the side of Compromís, who made it very clear in their electoral program. "Valencian society needs a new updated regulatory framework that adapts to the current time and that exceeds the Llei d'ús i ensenyament del valencià ", he assured. Among the points in which this "normative framework" was specified was the educational system in which it was necessary to "overcome bilingual education models and establish a single model of linguistic immersion ". and the administrative "so that Valencian is a working language in the Administration and service to citizens".

Since 2015, the Consell's language policy has focused on developing these two aspects, but both have encountered the courts. The three great legislative movements to impose the use of the Valencian have been amended by the Superior Court of Justice and the Supreme Court , following a complaint by the Popular Party and some organizations in defense of Castilian that have emerged in recent years.

LAW OF PLURILINGUALISM

On January 27, 2017, the Consell approved Decree 9/2017 establishing the Valencian educational linguistic model and regulating its application in non-university education in the Valencian Community. The coexistence of two models in the public and public schools, Valencian and Spanish, which the families chose, disappeared, and a single linguistic project was passed with percentages of use of each language. In addition, the choice of a greater number of hours of Valencian was prioritized with the obtaining of certifications in languages.

In April, the Alicante Provincial Council filed an appeal with the TSJ for discrimination against Spanish and the court decreed the precautionary suspension during the registration period. The Ministry of Education avoided the judicial mandate with a decree law that maintained the plans of the centers before the imminent start of the school year and in February 2018 the Pluringuism Law was approved in the Cortes.

However, two months after the Law came the ruling of the TSJ that partially annulled the first decree signed by the Minister Vicent Marzà when considering that it implied "discrimination against Castilian against Valencian in the classroom", since "the disproportion to the detriment of the Spanish language is manifest . " But he went a step further by estimating in the sentence by indicating that, although it was "formally repealed", the effects of that first decree are prolonged both in the subsequent decree-law and in the Valencian Multilingualism Law.

This caused that last December, several centers, especially in the territories with a predominance of Castilian in the province of Alicante, considered asking for the nullity of the approved linguistic projects, considering them based on an annulled decree, to return to the system double line that the PP reviewed in 2012.

The PP also created in January 2020 a group of legal experts to assess the possibility of using the Plurilingualism Law to the Constitutional.

In spite of everything, the model designed by Compromís remains in the classrooms of the Infant and Primary centers and will come into force next year in Secondary.

Decree of uses of Valencian in the Administration

The second objective of the nationalists, protected by their partners in PSPV and Podemos, was to make the use of Valencian prevail in the Administration. The instrument was Decree 61/2017 of the Valencian Generalitat that regulates the use of Castilian and Valencian in the autonomous administration. It stated that Valencian is "the proper language of the Administration of the Generalitat" and that officials should address the public in Valencian, which, despite the fact that there is no linguistic requirement in the public service, forced in practice the Valencian officials to know if they should serve the public. In addition, resolutions, communications, minutes, calls, agendas or reports would be written in Valencian and only in both languages ​​in the Spanish-speaking areas. In addition, the labeling of public buildings should always be in Valencian, such as communications with Catalonia and the Balearic Islands, as they are autonomies of the same "linguistic field".

This decree, approved in May 2017, was brought to the TSJ, which declared 11 of its 27 articles illegal . Specifically, the precepts that gave Valencian a prominent use of Castilian in notifications, the labeling of buildings, and communication between public employees and citizens. It also considers null the articles related to the use of Valencian in publications and institutional advertising, in public tenders with suppliers, in the marking of highways, roads and other dependencies and services of public interest that depend on local entities.

The ruling guarantees that Valencian is predominantly used in the names of organs and organisms and its corporate identity, but not in informative labels. "It does not preserve the balance of the two official languages, with the consequence that the same treatment is not dispensed» to the two languages.

The TSJ endorses that there is no duty among officials to know Valencian and Spanish, and does not recognize that there is a "shared linguistic field" with Catalonia and the Balearic Islands for administrative purposes, because neither in the Statute of Autonomy nor the Law of Use and Teaching of Valencian "contemplate the concept or category of autonomous communities in the same linguistic field, neither implicitly nor explicitly".

This and other points were appealed in cassation before the Supreme Court by the Advocacy of the Generalitat and the STEPV union, but the High Court accepted the theses of the Valencian TSJ and guaranteed that communications between administrations cannot be solely in Valencian .

This sentence provoked an angry response from the Valencian Government and the Catalan President Quim Torra, who called it "a monstrous and ignominious mockery of our language."

OFFICE OF LINGUISTIC RIGHTS

In November 2017, the Consell approved the decree that regulates the creation and operation of the Office for Linguistic Rights , an organization that was created to ensure the right to use Valencian in all settings. With the ability to address individuals, companies and organizations, not only to the administration, their objective was "to attend to complaints and suggestions made regarding language rights", and to act as "mediator" between the complaining party and the denounced party. .

The Office was empowered to open an "information file to find out if the facts presented constitute a violation of linguistic rights", whether in a public or private sphere, and once investigated, it notified a response and filed the data in a file, of the complainant and the accused.

Two deputies of the PP and the Association in Defense of Spanish presented a complaint before the Fourth section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Valencian Community that has ruled in their favor, emptying practically all content to the Office.

The court annuls eleven articles and, although it does not understand that the Office was created to ensure only the rights of those who employ the Valencian, it does consider that its work is not only "advice and mediation", but generates "true administrative acts" with legal effects against third parties, even if they are not penalties.

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