The TSJC maintains 25% of Spanish in two schools despite the new regulations of the Government

Considers that “it is not incompatible” with precautionary measures already issued


The Superior Court of Justice of Catalonia (TSJC) has ratified this Thursday the precautionary measure that it imposed in classrooms of two schools so that they teach at least 25% of teaching hours in Spanish, and that in the opinion of the court “is not incompatible” with the new government regulations on languages ​​in education.

He has done it in two cars this Thursday consulted by Europa Press, with which he rejects two appeals from the Ministry of Education of the Generalitat, which asked to revoke the obligation that the court had set in February.

The magistrates argue that the new regulations of the Government on languages ​​in education -and that according to the TSJC itself is incompatible with the 25% sentence- “does not necessarily affect” these precautionary measures.

However, the judges recall that “there is a firm judicial resolution, of a precautionary nature, which recognizes the student’s right to receive instruction in Spanish with a certain intensity of use”, referring to the precautionary rulings issued in February, and they add that this is not affected by the new government regulations.

On the other hand, they do not rule out that the precautionary measures may be affected once the “single application” of the new regulations is made in schools.

Even so, they insist that the regulations “in no case have an instant impact on already recognized individual legal situations”, such as these precautionary measures.


In May, the Government approved, in response to the ruling of the TSJC on 25% of Spanish, a decree law that explicitly establishes the “non-application” of percentages in the use of languages ​​in education and that establishes Catalan as the vehicular language.

The TSJC itself confirmed the “legal impossibility” of executing the 25% ruling because it contradicts this new regulation, and has raised an issue of unconstitutionality with the Constitutional Court (TC).

Specifically, the Government decree stipulates that the use of Spanish must be defined based on pedagogical criteria, and the judges now argue that “in this case, the individualized pedagogical criteria that determine the need to modify are not alleged or verified. the precautionary decision.

The judges consider that the precautionary obligation to use at least 25% of Spanish “is not affected by the prohibition of percentages” established by the decree.

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