Courts The Lawyer asks the Catalan High Court not to force the Government to apply 25% of Spanish
Not even the proximity of the end of the course has prevented the
Superior Court of Justice of Catalonia (TSJC
) from marking an ultimatum to the Generalitat so that it complies "immediately" with the sentence that it must take a minimum of 25% of classes in educational centers from all over Catalonia.
A few weeks ago, the
Assembly for a Bilingual School
called for the forced execution of the judgment of the court itself and for this reason the
Department of Education
of the Generalitat is required so that "within a maximum period of 15 days, it issues the instructions and establishes the guarantees of control of the same that proceed to the effects that in the educational system of
Catalonia
All students receive effective and immediate instruction through the normal vehicular use of the two official languages in the percentages that are determined, which may not be less than 25% in either case.
In addition, the court indicates that this system "will include at least the teaching of the same language and that of another subject or matter of a core or analogous nature."
The Minister of Education Josep Gonzàlez-Cambray
is also asked to
inform the court of the "new deadline for execution of the measures adopted and the degree of compliance with them."
However, the TSJC also urges the
High Educational Inspection
"in order to verify compliance with the operative part of the sentence issued in these actions in the whole of the educational system of Catalonia, informing the court of the activity carried out and the situation verified at the end of the indicated execution term".
The judicial decision rests with the Minister himself, so in case of non-compliance he could be committing a crime.
In addition, the TSJC rejects Vox's request to execute the sentence, due to lack of legitimacy, and recalls that the
Generalitat
has the power to adopt the measures to apply the sentence, although it recalls that "what is not within its freedom is not to act and allow a situation contrary to the constitutional mandate".
In this sense, the TSJC details that the Generalitat has the freedom "to determine with freedom of appreciation the means it deems appropriate to make effective the vehicular use of the official languages. What is decisive in the sentence is not the means but the result. that is condemned is an inactivity in the dictation of norms, instructions or acts of application that are necessary for the purpose of determining the vehicular use of languages in teaching, or the exercise of the power of control.In sentence it maintains a pattern of respect of the freedom of the Generalitat to respect not only in terms of how to order the vehicular use of the official languages, but also the content of said order. The sentence is limited to determining the constitutionally required minimum in that area".
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