The Generalitat has requested the Superior Court of Justice of Catalonia (TSJC) to declare the legal impossibility of executing the judgment of December 16, 2020 that requires 25% of classes to be taught in Spanish in Catalan classrooms, alleging yesterday's approval by of the Consell Executiu of the decree law on the linguistic projects of educational centers that "exhaustively" rejects the use of percentages to assess the uses of languages in education.
In a letter signed by the Generalitat's lawyer, Gerard Blanchar, the Generalitat urges the Catalan High Court to declare the concurrence of a cause of legal impossibility of executing the sentence since Decree Law 6/2022, of May 30, It expressly rules out that percentages can be imposed on the use of the different languages used at school.
The text recalls that the new legal framework "prioritizes" that "an analysis of the sociolinguistic environment of each center, the general environment and the objectives of linguistic normalization" be carried out and that it "guarantee" that students achieve oral and written proficiency Catalan and Spanish at the end of compulsory education.
The lawyer for the Catalan Administration recalls that neither the Constitution, nor the Statute, nor the basic state legislation on educational matters "impose" that the regulation on the use of languages in schools must follow a model of percentages.
For this reason, the lawyer concludes that "so constitutional and statutory" is a model that regulates the issue on the basis of establishing certain percentages in the use of official languages in the school, as a regulatory framework that "rejects this model and opts for another totally different, such as the one approved by Decree Law 6/2022", which rules out in an "exhaustive manner" the use of numerical parameters, proportions or percentages to determine the use of the different official languages used in schools.
Finally, the lawyer remarks that in order to "ensure the greatest effectiveness" of the ruling, "what is appropriate" is to "order" the public and private centers supported by public funds in Catalonia to prepare or review their language projects to adapt to the new framework established by the decree approved yesterday by the Government.