In the last six years, the Superior Court of Justice of Catalonia (TSJC) has established, by ruling, several Catalan schools that they had to give 25% in Spanish to students whose families had requested it and the Generalitat had refused, using the linguistic immersion model.

However, the Catalan administration relied on the fact that compliance with that sentence affected applicants and that, once the students left the center, it should not be applied.

Now the Fifth Section of the Administrative Litigation Chamber of the TSJC in a pioneering decision can mark the entire Catalan linguistic immersion system despite the Government's educational reforms within the 'Celaá law' that try to shield an education with Catalan as the vehicular language .

The judgment partially upholds the appeal filed by the State Lawyers, on behalf of the Ministry of Education, Culture and Sports, against various decisions of the Department of Education regarding the use of vehicular languages ​​in teaching.

Thus, the court declares the obligation of the Generalitat to "adopt the necessary measures to guarantee that all students receive effective and immediate education through the normal vehicular use of the two official languages ​​in the percentages that are determined and that they may not be less than 25% in both cases ".

The judicial decision goes beyond the planned educational reform since it studies analyzes the legal framework within the vehicular use of languages ​​in teaching: the Statute of Autonomy of Catalonia, the Llei d'Educació de Catalunya, the Llei Orgànica d ' Educació and several decisions of the Constitutional Court.

They have also requested information from the Department of Education on the actual data on the use of both languages ​​in schools.

In this sense, the sentence details that "from the documentation provided and the evidence taken in the appeal, it appears that, as a whole, the vehicular use of the Spanish language in the Catalan education system is residual or at least that is the case in part. significant number of educational centers and groups, in such a way that a violation of the current legal framework is verified ".

In this way, the TSJC establishes "a minimum vehicular use of the official languages ​​that allow to rectify the current situation contrary to ordinance. That is, the determination of a minimum level of vehicular use of the official language below which it must be understood that the imperative of ordinary and normal use of the teaching is infringed. This minimum presence has been established by jurisprudence in a minimum vehicular use of 25% of the teaching hours which, in addition to teaching the official language itself, must include Entirely less that of another subject or non-linguistic curricular subject of a core or similar nature ".

The plaintiff also requested that the school pre-registration forms be modified so that parents could request that Spanish be the vehicular language in all courses.

The court rejects the petition since it considers that, with the fulfillment of the minimum percentage of 25%, the access and use of both languages ​​from childhood is guaranteed.

The court recalls that "the principle of non-discrimination against students based on the language established in the Statute of Autonomy imposes a system of a single bilingual line, a system that by its very nature excludes freedom of choice for users. The Education Law of Catalonia has been consistent with this approach, establishing for this purpose a linguistic support system for students who require it in order to facilitate their integration at the time of joining the system ".

According to the criteria of The Trust Project

Know more

  • constitutional Court

  • Catalonia

  • Education

  • society

EducationPSOE and Podemos agree with JxCat to urge the Government to transfer the management of the scholarships to Catalonia

Courts The TSJC suspends the withdrawal of the concert to schools that separate students by sex

Education Spanish was vehicular in the Republic of 1931

See links of interest

  • Last News

  • English translator

  • Programming

  • Catalunya 2021 Calendar

  • Catalonia 2020 Calendar

  • 2021 calendar

  • 2020 calendar

  • TV Movies

  • Topics

  • Catalonia Christmas restrictions

  • Poblense - Olot

  • Coruxo - Malaga

  • Loyalty - Alcorcón

  • Burgos CF - FC Andorra

  • Barcelona - Real Sociedad, live