Council of Europe: 'Great concern' over court ordering schools to teach 25% of classes in Spanish

The Council of Europe has said that the verdict from the Catalan High Court (TSJC) to order the implementation of a minimum of 25% of classes in Spanish in Catalan schools, when requested by a pupil's family, is a "great source of concern." 

According to a report published on Tuesday by the Committee of Experts of the European Charter for Regional or Minority Languages, the organization considers that this ruling is "incompatible" with commitments ratified by Spain under the charter and asks the Spanish authorities to take "all necessary measures" to remedy the situation. 

The committee's sixth evaluation report on Spain also laments the lack of guarantees in Spanish legislation to hold trials in regional or minority languages. 

The Committee of Experts is "particularly concerned about several judicial decisions" adopted by High Courts at the regional level, "and subsequently upheld by the Spanish Supreme Court ." 

"In particular, the final judgment of the High Court of Catalonia ordering the implementation of a minimum of 25% of teaching in Castilian in the Catalan education system constitutes a great source of concern," the report said. 

The report points out that "Law 8/2022 and Decree 6/2022 were adopted by the authorities of Catalonia as a reaction to a final judgment of the High Court of Justice of Catalonia ordering the implementation of a minimum of 25% of teaching in Castilian in the Catalan education system, a proportion that could rise to 75%."

"It should be noted that a question of unconstitutionality on this new legal framework is pending before the Constitutional Court," the report adds.

'Low' use of Catalan in courts 

The Council of Europe also considers that Spain has a wide margin for improvement in the judicial system when it comes to regional and minority languages. 

In fact, the report criticizes the fact that "the majority" of judicial bodies ignore requests to receive documentation in official regional or minority languages, and points out that the number of proceedings carried out in Catalan is "low." 

Problems throughout Spain  

The study by the Council of Europe does not only focus on Catalan, but also analyzes the cases of Aranese, Basque, and Galician, among others. In general terms, the conclusion is the same, pointing out that the "full" implementation of the European Charter of Regional and Minority Languages in areas such as justice or public administration has not yet been achieved. 

The Committee of Experts pays special attention to the case of Aragon, the Balearic Islands and Valencia, where it has detected "a deterioration" in the situation of regional or minority languages over the last few years.