Carrying out any “informational or verification activity” without exerting its powers
- education TSJC gives Generalitat 15 days to comply with 25% Spanish sentence in classes
- education Lawyer tells Catalan High Court not to force government to impose 25% Spanish
high state inspection It is going to act to “verify” and “supervise” compliance with the judicial resolution that ends the model of linguistic immersion in Catalan schools, but it will not enter schools to conduct its own investigation. This will be limited to conducting some form of verification or informational activity to check whether at least 25% of the centers are taught in Spanish. The form this verification takes has yet to be defined by the legal services of the Ministry of Education, on which this body depends. Government sources say that they do not want to go ahead so as not to exceed their powers. “The higher oversight shall act within its powers and in accordance with the jurisprudence of the courts to fulfill the request. Superior Court of Justice of Catalonia“, they express.
The phrase is thoroughly measured and studied. Something will be done, but without being submerged in water. The same sources make it clear that the sentence of their reference point is going to be constitutional Court of 2018 which resolved the appeal of the Generalitat against Vert’s Law. In particular, this paragraph: High oversight falls on ‘the correct interpretation of state rules, as well as their inevitable interrelationships emanating from community legislatures’. Understood in this way, higher oversight constitutes a state surveillance capability, but is not a general and indefinite control reflecting the graded dependence of autonomous communities in relation to state administration, but rather a verification or control tool that governs its affairs. can lead in. To urge the performance of constitutionally established controls with respect to autonomous communities, but not to replace them, to convert the said higher oversight into a new and autonomous direct control mechanism.
This same sentence borders on “the development of an informational or verification type of activity”. You cannot go ahead according to the government. That is why the measure of sending children to private schools in Spanish was declared unconstitutional. “The direct intervention of higher oversight in the schooling of students in the territory of the Autonomous Community of Catalonia clearly goes beyond the task of verifying, auditing or verifying what we have deemed fit for the constitutional framework, to enter fully, precisely “Unreasonable direct and exclusive assumption by the state of the execution capacity of the autonomous community”, said the High Court in 2018, rejecting the star measure of the then PP Minister, José Ignacio Vert, to guarantee that the Castilian was with the Catalan , the language of vehicles in schools.
“Without bypassing borders”
The TC also states: “With the same emphasis we must once again reiterate that it is up to the state to ensure respect for linguistic rights in the educational system, but also that such a function is constitutionally The reserve should be deployed without overflow of powers. For this.” and without ignoring the limitations and requirements laid down by constitutional jurisprudence”.
Minister’s Spokesperson, isabelle rodrguezHe expressed this Tuesday after the press conference council of ministers That “sentences are meant to complete them”. “What we will do is act with high oversight so that the courts’ signal is followed,” he promised, adding that they will work “so that the course can run normally.”
Inspector sources tell that CCAA inspectors and people associated with the Ministry of Education can reach the centers on the basis of the article 153 The LOE, one of whose functions is “to know, supervise and supervise all activities carried out in both public and private centers to which they shall have free access”. But they say that “cannot reach personnel of higher inspection”. “To give them these powers the LOE would have to be changed. Centers depend on an administration and its officials are those who can access it. Another option is to create a specific high oversight standard, at least a royal decree giving them More work to give,” explain these sources.
two inspectors per autonomous community
It happens that among the staff of this body there are hardly any members. Each autonomous community is assigned two people who are in charge of, for example, verifying titles or checking that the Lomlo curriculum is implemented correctly, but they do not perform field functions as they are not responsible for doing so. are not authorized. “We cannot function in the centres, this is the competence of Catalonia”, explain the sources of the Ministry of Education. This is why parties such as the PP or Ciudadanos have submitted proposals to replace the powers of higher oversight and provide more material to this body.
The TSJC has given the Generalitat 15 days to comply with 25% of the sentence in Spanish in classes and urged the Higher Inspection, “to verify compliance with the operative part of the sentence issued in these works in the educational system Report to the Court of Catalonia as a whole, on the activity carried out and the verified status at the end of the indicated execution period”.
The Generalitat now has five working days to present the appeal and the TSJC can decide whether this presentation cripples the 15-day count. Later, the TSJC will respond to the government’s appeal and, when the period expires, the ministry will have to verify through higher inspection whether the sentence is being complied with and notify the court.
Over the next few days, the ministry is going to address the TSJC in detail “how it believes it can meet your request.” “It has never happened, but we already have an idea of how we can act. Since we became aware of the TSJC’s decision, we have been working with the State Attorney, the Under Secretary and the Directorate General of Planning for Legal Services. Trying tirelessly,” they indicate. Source.
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