spanish supreme court

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

In addition, the Spanish nationalist and populist partyUPyD compared Catalonia's self-determination process with Nazi Germany and Fascist Italy, in a letter sent to all the 751 Members of the European Parliament. Furthermore, it states that "defending democracy in Europe" means stopping Catalonia's "illegal referendum", thus denying the existence of a Catalan nation.  Furthermore, after the recent measures adopted by Catalan authorities to organise a non-binding consultation vote on independence, UPyD – with no representation in Catalonia – filed on Wednesday a judicial complaint at the Supreme Court against the President of the Catalan Government, Artur Mas, and most of the members of the Catalan Parliament's Bureau, including its President, Núria de Gispert. UPyD accuses all them of "disobedience" while Mas has also been accused of "an alleged prevarication offense", as well as of "usurpation of powers" and "embezzlement".

The Catalan High Court has confirmed its previous decision to oblige 5 schools to teach "at least 25%" of their mandatory subjects in Spanish if the family of a single pupil asks for it, regardless of the opinion of the other children's families. The measure should be adopted "immediately", but the Catalan Government announced that it will lodge another appeal. Two months ago, the affected schools and the Catalan Executive had already appealed a decision that interpreted a previous judgement from the Spanish Supreme Court on the complaint presented by a dozen families from Catalonia. The measure represents a threat to the knowledge of Catalan language by all Catalan children, as well as a threat to true bilingualism, equal opportunities and social cohesion. The current model follows these principles as children totally master both languages, Spanish and Catalan. In addition, the court decision is a threat against separation of powers and Catalonia's self-government.

Irene Rigau, the Catalan Minister for Education, announced that Catalonia will participate in the working group created to analyse how to better implement the Spanish Government's Education Reform. Such a group was announced by the Spanish Education Minister, José Ignacio Wert, to make "Catalonia feel comfortable" with a Reform that totally changes the current school model. However, Rigau stated that the results of the working group will have to be assessed before implementing the Reform. On Wednesday, she refused to attend a meeting in Madrid to discuss how Spanish will be made an instruction language in Catalan schools. After the meeting, the Spanish Government stated that this will done "one way or the other" in September 2014. Meanwhile, the judicial battle goes on and the five schools forced to teach 25% of the subjects in Spanish will be allowed to appeal.

The Spanish Supreme Court has ruled against the Catalan school model again. The model, which is based on the linguistic immersion principle, has been in place since the mid-1980s and totally guarantees the pupils’ knowledge of both Spanish and Catalan at the end of their schooling period. On Monday the Court rejected an appeal lodged last year by the Catalan Government against a previous judgement that obliged a school to go against Catalonia’s Education Law and teach the entire class in Spanish following a single request from a little girl’s family, irrespective of the opinion of the other pupils’ families. This is another episode in a long series of judicial rulings, appeals and judgements against Catalonia’s school model and the Catalan language since 2010. Spanish nationalists, particularly Madrid-based media and the People’s Party (PP), have been attacking this model and the Catalan language for the last decade and a half, but recently they have managed to get the centralist judicial authorities to back them.

On Tuesday Catalonia’s education stakeholders – including unions, pedagogic organisations and parent associations – asked the Catalan Executive and Parliament to lead “the boycott” of the Spanish Government’s Education Reform, known as LOMQE. This reform aims to recentralise education powers, foster religion and impose Spanish as a language of instruction in Catalonia. Furthermore, on Monday evening thousands of people demonstrated in front of Catalonia’s High Court (TSJC) in support of the current school model in Catalonia, which is based on the linguistic immersion principle that guarantees the knowledge of both Spanish and Catalan. Political parties, trade unions, cultural associations and teaching organisations were protesting against the TSJC’s recent ruling that imposed a requirement that 25% of a school’s curriculum be taught in Spanish if a single pupil asks for it. The TSJC was interpreting a judgement by the Spanish Supreme Court, framed in a broader offensive against Catalan language.

‘Escola Pia’, one of the largest Catalan networks of privately-owned schools, believes that the Catalan High Court (TSJC) ruling forcing one of its school in Barcelona to teach 25% of classes in Spanish, “goes against” its educational project. The school network highlights that this project was “formally accepted by the families who have enrolled their children here”. ‘Escola Pia’ have issued a manifesto rejecting the TSJC sentence which states that if the family of a single pupil asks for classes to be taught in Spanish, “at least” 25% of the mandatory school subjects will have to be taught in Spanish in the entire classroom, regardless of the opinion of the other pupils’ families. After having received such a demand from one family, ‘Escola Pia’ explained: “We choose to teach in the Catalan language because we are deeply rooted to this country and we are at its service”.

Catalonia’s High Court has interpreted the last sentence of the Spanish Supreme Court and forces the Catalan Government to offer “at least” 25% of the mandatory school curricula in Spanish in the schools where pupils ask for it. A dozen of parents had complained in the last few years, filing several appeals and stating they wanted their children to be taught in Spanish in Catalonia’s public schools. The Catalan school model is based on the linguistic immersion principle and almost all the subjects are taught in Catalan except Spanish which is taught as a language. However, the system includes many flexibility measures for new-comers and individualised attention in Spanish. The Spanish Supreme Court considered this was insufficient and sentenced that a class had to be taught in Spanish if the family of a single pupil asked for it and even if the other children’s families had not requested it.

In appeal, the Spanish Supreme Court has sided with the family who requested their son to be taught in Spanish in school, alongside Catalan. Despite the Constitution not advocating pupils had “the right to be taught in Spanish”, but only stating they had “the right and duty to know Spanish”, a dozen families have requested their children to be taught in this language, turning to the judicial system. Whilst the Constitutional Court has validated on two occasions the Catalan schooling system, based on Catalan as first language of instruction, the Supreme Court ruled against it. The Catalan Government was offering individualised attention to these children, but the judicial decision states that Spanish has to be used for “the entire class of the pupil”, even though the rest of the pupils have not requested to be taught in this language.

The Spanish Education Minister, José Ignacio Wert, emphasised the need to have a common and single history of Spain taught in all the Autonomous Communities. With the Education Reform he is currently proposing, the history curriculum will be imposed by Madrid and the Autonomous Communities will only be able to add a small portion referring to their own history. However, such additional contentswill be excluded from the final exams and therefore pupils will tend to ignorethem. With this initiative, Wert aims to impose a single interpretation of the historic facts affecting Spain’s history and nation-building. Lately, the Spanish Government, run by the People’s Party (PP), has repeatedly stated that Spain is “the oldest nation in Europe” and is now focusing on the education system to spread this idea.

The controversial Reform of the Education System continues its progress towards parliamentary approval, now in the Spanish Senate. The Catalan Education Minister, Irene Rigau, stated that with the new law – which “recentralises” and totally “invades” devolved powers – the Autonomous Communities are “delegations of the Central Government”. Furthermore, Rigau asked the Spanish Education Minister, José Ignacio Wert, “to be brave” and “eliminate” the Reform’s points regarding the language immersion principle. This Reform goes against the Catalan school model, which has been in place since the early 1980s and is backed by an almost-total consensus in Catalonia. Rigau pointed out that only 26 cases out of 1.2 million pupils in Catalonia had requested a different model than the one offered. According to her, changing the entire education system and the language equilibrium in Catalonia for 26 families is “abusive and counterproductive”.

In March of this year the Catalan Supreme Court (TSJC) cancelled the Catalan Government’s allocation of the publicly-owned Aigües Ter-Llobregat (ATLL) – which supplies water to the 5 million people of Greater Barcelona – to the joint venture led by Acciona and including the Brazilian investment bank BTG Pactual. The Government presented an appeal but the TSJC confirmed on the 19^th July its previous decision. Now, the Catalan Government has decided to take the issue to Spain’s highest court to defend the allocation. The Government is convinced the tender process was done correctly, but the other main contender, Agbar, states the opposite. In addition, a Catalan Government’s internal body overlooking public tenders stated that Acciona’s offer should not have won.

The Catalan Education Minister will appeal the decision to the Spanish Supreme Court and meanwhile will not follow the petition of the Catalan Supreme Court (TSJC). The Minister stressed that “the classroom language cannot change just because a child asks for it”. She emphasised that only 17 families have asked to have their children schooled in Spanish. These kids received individualised attention in Spanish but the TSJC thought it was not enough. In the last few years, the Catalan school model has been put in the spotlight by Spanish nationalism, despite having been in place for the last 30 years. The model has shown that pupils perfectly command both languages by the end of their studies. It has also been praised by international organisations, as it guarantees equal opportunities and social cohesion.