The TC will study the unconstitutionality of the Catalan decree on 25% of Spanish

The Constitutional Court has admitted for processing the question of unconstitutionality raised by the Superior Court of Justice of Catalonia (TSJC) after the clash between the decree of the Government to eliminate the obligation of 25% of Castilian in Catalan education and the sentence, confirmed by the Supreme Court, which applies this obligation.

Thomas Osborne
Thomas Osborne
26 October 2022 Wednesday 07:32
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The TC will study the unconstitutionality of the Catalan decree on 25% of Spanish

The Constitutional Court has admitted for processing the question of unconstitutionality raised by the Superior Court of Justice of Catalonia (TSJC) after the clash between the decree of the Government to eliminate the obligation of 25% of Castilian in Catalan education and the sentence, confirmed by the Supreme Court, which applies this obligation.

After the approval of the decree approved by the Catalan Government, the TSJC decided to suspend the execution of the sentence and force the educational centers to comply with the resolution.

Faced with this clash between the new legislation and the ruling, the TC has decided that it will go into the substance of the matter and decide on the merits of whether the approved decree should be applied against the meaning of the TSJC ruling.

Meanwhile, the courts have suspended the application until the court of guarantees rules. dl TC had already admitted the appeals of the PP and Vox against the decree, to which is added this question of unconstitutionality promoted by the Catalan justice system.

The TSJC explained that "both regulations determine the legal impossibility of executing the sentence handed down, as serious doubts are raised about its validity due to unconstitutionality," the Chamber maintained.

After the ruling of the TSJC, the Government approved a decree that set the criteria for the linguistic projects of the centers and that excluded the application of proportions or percentages in the teaching and use of languages. And on June 9, the Parliament approved the law on the use and learning of official languages ​​in education, which was supported by ERC, Junts, PSC and Comunes.

For the Catalan court, the decree law "prevents the feasibility" of setting "a minimum percentage of vehicular use of both official languages" while the law establishes "the consideration of Spanish as a language of curricular use, in contradiction with the foundation Constitution that determined the verdict and that was specified in the recognition of Castilian as the vehicular language".