‘25%, an acquired right’, by Alejandro Tercero

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The cars of Superior Court of Justice of Catalonia (TSJC) why rejects the request of the Ministry of Education to revoke the measures that order twenty centers to impart, at least, 25% of classes in Spanish some students have a special interest in this contentious.

The court makes it clear that, for the time being and until the Constitutional Court (TC) rule on the question of constitutionality raised in relation to the law and the decree approved in May and June by the Generalitat, nothing should be touched.

It is true that the TSJC will not order more injunctions with 25% (because the new regulations generate a scenario paradoxical), but also warns the Ministry of Education that it cannot reverse the situation of those students favored by final judgment. That is, they are acquired rights.

From this situation, it can be inferred that those who dared to defend your rights in court now they receive their reward in the form of protection and shielding from the justice system. Congratulations to all those families. The rest –and faith that they are a multitude–, who hoped to take advantage of the work of the pioneers, must expect. Perhaps they should take note of how to act in the face of future outrages by Catalan nationalism.

On the other hand, the TSJC leave some clues as to where things might go in the TC. In the first place, it emphasizes that, despite the “new regulatory framework” of the Autonomous Communities, “the individual right of the student to receive education in Spanish has base constitutional and it is contemplated in the basic state legislation”.

And secondly, it points out that the law and the decree approved in May and June by the Generalitat “do not necessarily affect” the 25% court order “since, although the linguistic model of public education is modified, the intensity of the use of Spanish is not generically limited as a language of curricular and educational use. That is to say, that a part is taught in Spanish does not contradict the decree.

Furthermore, it should be remembered that 25% proceeds of the order of the courts that, in addition to the subject of the Castilian language, a core subject in Spanish. Formulated in this way, more or less the same effect would be achieved. no need to resort to percentages (as prohibited by the regional decree), which is what the TSJC is saying when it states that “the minimum use of Castilian, precautionarily agreed, is not affected by the prohibition of percentages established in article 2.4 of the decree law […] since the precept establishes a criterion that governs the elaboration of language projectsfor its own programming purposes, not being extended to the actual number of teaching hours taught in one or another language, which obviously always offers numerical or percentage parameters”.

It seems that this is the way achieve the same effect without talking about percentages. And it is that, despite the nationalists They have always believed themselves to be the smartest (and the most cunning), in this country justice works. This battle is won, and the Generalitat is nothing more than the knocked-out boxer who refuses to throw in the towel.



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