The Government will not urge the Generalitat to fulfill the judicial failure that requires to put at least 25% class in Spanish in the schools of Catalonia. Sources of the Ministry of Education have explained to the world that "is the Superior Court of Justice of Catalonia who has to ensure compliance with sentences."
"We are not going to urge the execution of the providence of the Supreme Court because we do not have to do it. It is the TSJC who has to do it because the law so requires and is the fastest and most effective way it is fulfilled," they have manifested the Same sources, who have confirmed that the Conseller of Education, Josep Gonzàlez-Cambray, spoke yesterday on the phone with Minister Pilar Alegría and this one "clarified that it does not correspond to the ministry to enforce the sentences."
The Government is shielded that "the high inspection of the State, dependent on the ministry, does not have surveillance capacity on the communities, in accordance with the judgments of the Constitutional Court." "It will, therefore, be the educational inspection dependent on the Generalitat that must guarantee compliance," indicate the sources.
Today, again, Cambray has ensured having "guarantees" that the Government will not ask for the execution of the sentence.
"Only the ministry can urge to execute this sentence and I have guarantees from the minister that it will not be done," the Conseller has assured. "The Minister will urge to comply with the LOMLOE [the new Education Law], which does not speak of percentages," has added the Catalan Education Counselor in an interview with RAC 1, to point out the strategy that would have planned the executive led by Pedro. Sánchez for allowing the Govern to continue imposing the immersion in Catalonia.
In this very sense, the president of Generalitat, Pere Aragonès, has demanded this Wednesday to the government to make a "clear defense" of the linguistic immersion model after the sentence. The head of the Catalan Executive has asked the Sánchez cabinet not to be "accomplice" of the failure that the Monolingüe Model in Catalonia.
He will try to abort this maneuver the Assembly by a Bilingual School of Catalonia (AEB), who has already warned the Education Counselor who will demand the execution of the sentence in case the Government declines, as Cambray says. This entity plans to avail itself to Article 104 of the Regulator of Contentious-Administrative Jurisdiction, which establishes that "after two months after the communication of the judgment or the deadline set for it for the fulfillment of the fault in accordance with Article 71.1. ), Any of the affected parts and persons may urge their forced execution ».
Meanwhile, the Ministry works on the scenario that the Generalitat fulfills and changes its entire linguistic model to put more Spanish in all the educational centers of Catalonia, although Cambray made it clear yesterday that they were not going to abide by the judicial resolution. In fact, a few days ago they have launched a plan that is precisely going on the opposite line: reinforce the Catalan in the schools.
Education has developed a legal report in which Razona "does not have to urge the execution of Providence because it automatically urges the TSJC».
As he explains, after the providence of inadmissibility, the Supreme Court shall communicate in the next dates to the TSJC the inadmission of the resource and will return the full file. Once received, the TSJC will have to write a providence of firm becoming, in which it is detailed that the sentence has become firm and executable. For this procedure there are no deadlines set in the law.
Once this providence has been issued, the TSJC has 10 days to communicate to the Generalitat that the judgment is firm and ordering the execution, as established by Articles 103.1 and 104.1 of the Regulatory Law of Contentious-Administrative Jurisdiction.
Since then, the ministry continues, the Generalitat may request more clarification to the TSJC. If the court considers that the autonomic administration dilates too much the process or many queries ago to gain time, you can call the order to the Generalitat.
"The power to enforce the sentence corresponds to the courts. They will know if they have to send to the judicial police or carry the counselor by criminal way. Article 118 of the Constitution said that it is obliged to comply with the judgments, "the sources argue.
The PDECAT will present a law enforcement to eliminate the first section of the additional provision 38 in which it is established that "educational administrations will guarantee the right of students and students to receive lessons in Spanish and on the other co-official languages in Its respective territories, in accordance with the Spanish Constitution, the Statutes of Autonomy and the applicable regulations "and that, in his opinion, does not serve to guarantee the shielding of the linguistic immersion.
The claim is to "return to the scenario of the Organic Law of Education (LEO) Socialist," explains Deputy Sergi Miquel for whom, at all it is no guarantee of nothing the commitment of the Minister Pilar Alegría not to demand changes in the current educational reality of Catalonia. The PDECAT expects its initiative to have the support of JXCAT, ERC, CUP and even PSC deputies.
In parallel, they will also try to carry out this shield by presenting an amendment to the Organic Law of Vocational Training that is already processed in Congress.Updated Date: 24 November 2021, 08:36