He believes that the government is breaking the constitution by omitting reference to Spanish as the lingua franca of education in Catalonia
MADRID, July 29 (EUROPA PRESS) –
The Popular Group filed an unconstitutionality complaint against several articles of two in Congress this Friday
Generalitat de Catalunya decrees “against the use of Spanish in the classroom”. In his opinion, the Catalan government is breaking the constitution by refraining from any reference to Spanish as the language of instruction in Catalonia.
Both the leader of the PP, Alberto Núñez Feijóo, and the president of Ciudadanos (Cs), Inés Arrimandas, had already announced in May that they would jointly appeal to the Constitutional Court against the new Catalan school law, which will be divided between PSC, ERC, Junts and the common .
In particular, the appeal that the PP has filed before the Supreme Court concerns Articles 2 (ayd), 3.1 and 4.1 of Legislative Decree of Catalonia 6/2022, which establishes the criteria for the preparation, approval, validation and revision of the projects of Educational centers and Articles 2.1 and 2.4 of Law 8/2022 of Catalonia on the use and learning of the official languages in non-university education.
One of the reasons for the appeal is that both the decree and the law omit any reference to Spanish as a lingua franca in education in Catalonia, in violation of the Spanish Constitution, the Statute of Autonomy and the Court’s own teaching in a June 2010 judgment. as stated in a statement published by the PP.
In the first place, the appeal explains that the decree-law violates Article 64 of the Statute of Autonomy of Catalonia and Article 86 of the Magna Carta, since there is no authorizing basis for the application of this rule, which requires an exceptional and urgent need in addition to exceeding the limits set out in the Statute-set limits for the use of this regulatory instrument.
CONSIDER A “MANEUVER” TO AVOID THE EXECUTION OF A CASE
The GPP considers that the Generalitat’s justification for the application of a legislative decree claiming that it should prepare for the 2022-2023 school year is not valid, considering that “in reality the urgent Urgency that preaches the decree is intended legal order to avoid immediate compliance with the judgment of the TSJ of Catalonia 201/2020, in relation to which an incident of execution has been raised, obliging the Generalitat to execute it”.
The appeal adds that the intention is to establish this rule in the event of “legal impossibility” of enforcing the judgment and that “the extreme and urgent need arises only from the urgency of having a regulatory instrument that allows it to oppose this “case impossibility” of enforcement under the procedural rules of the enforcement event”.
Regarding Article 2d of the Legislative Decree, it is noted that it violates several articles of the Constitution and Article 64 of the Statute of Autonomy, and is aimed directly at preventing compliance with a judgment contained in a judgment and the order ordering its execution. .
Likewise, Article 2 of the Decree and 2.1 of the Law are being challenged in order to completely eliminate any normative reference to Spanish as the medium language of education in Catalonia, when it is constitutionally required that the two co-official languages be recognized as medium. In addition, the use of Catalan as a normal language in the admissions of students is included in the same articles of this regulation, allowing Catalan to completely supplant and exclude Spanish.
Other grounds of appeal are that the aforementioned regulations violate constitutional imperatives related to the autonomy of the centers guaranteed by the basic order of the country and with the high level of supervision as the exclusive competence of the same, alongside the competence of the State for regulating the use of Castilian.
MANDATORY JURISDICTIONAL CONTROL
As for the provisions of the decree and the law, which state that the department in charge of education accepts and verifies the legality of the language projects that it validates, it is emphasized that they violate Article 106 of the Constitution, which establishes that the courts have control have regulatory powers and legality of administrative action.
In other words, no department, body or administrative unit can itself control or assume responsibility for the actions taken in the exercise of its powers. “And no action or administrative inaction can escape judicial scrutiny,” adds the Popular Group resource.