The Government delegates in justice and justice in the Government.
With Catalan politicians on the warfoot, nobody wants to take the first step to guarantee 25% of Castilian in Catalan schools.
The Ministry of Education resigned on Wednesday to urge the execution of the sentence and left this task in the hands of the judges.
But the Superior Court of Justice of Catalonia (TSJC) said that it does not act ex officio and that it has to be the central executive who enforces the judicial resolution, since it is the only person through the State’s advocacy.
If something has been clear, one day after the Supreme Court unadmit the Alicity of the Generalitat of Catalonia against the judgment of the TSJC that obliges to change its entire model of linguistic immersion, it is that it will not be easy for the Governn to take it
.
In the next two months, all the wiños and movements made by the government will be crucial.
If you do not urge the execution of the sentence, the nationalists will interpret them from supporting their model, which is committed to not putting fixed percentages but let each school do what it considers.
If you urge, the Generalitat will interpret it as a declaration of war.
So everything points to the Minister of Education, Pilar Alegría, will not go into disputes and have to be families, once again, those who assume a responsibility that causes them a huge wear.
“It does not correspond to the ministry to enforce the sentences, it is the TSJC who has to do it,” Sources of the team of joy said Wednesday, which appealed to Article 103.1 of the Regulatory Law of the Contentious-Administrative Jurisdiction, which says “the power
to execute the sentences and other judicial resolutions correspond exclusively to the courts “.
But sources of the TSJC advanced, on the other hand, that they will not be able to control that the sentence is fulfilled because they consider that they have already done so.
They say that they do not act ex officio: who have to highlight the breach of the Generalitat are the personaries.
In this case, the only part is the Government, because the State Law interposed a resource in 2015, when it ruled the PP, on behalf of the Ministry.
And families can not do anything?
Parents who feel affected could make a request, respond by judicial sources, but they would have to justify and argue that their rights are violated and the TSJC would have to admit it.
The ball is, therefore, on the roof of the government.
Sources of Education and TSJC agree that the procedure is that the Supreme Court shall communicate to the TSJC the use 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 an executable.
Then he has 10 days to communicate to the Generalitat that the sentence is firm, “so that, once accused of receipt of communication in the same term since reception, take it to pure and due effect and practice what the fulfillment requires
The statements contained in the ruling and in the same period indicate the body responsible for compliance with that. ”
From that moment, the Generalitat can ask for more clarification to the TSJC.
If the court considers that the autonomic administration dilates too much the process or does too many consultations to buy time, you can call the order to Government.
Article 104 of the Regulatory Law of the Contentious-Administrative Jurisdiction also explained that, after two months from the communication of the judgment, “any of the affected parties and persons may urge its forced execution.”
That’s where the government would enter, according to the TSJC.
But in the ministry they ensure that judges can act ex officio and thoroughly investigate from an alleged crime of disobedience to the Minister of Education, Josep Gonzàlez-Cambray.
That’s why they trust that the Conseller ends up complying.
“The Government has no doubt that State Administrations always comply with judicial sentences,” he emphasizes.
Cambray himself called the night of Tuesday to joy to show him his “concern” for the providence of the Supreme that ratifies the decision to which the TSJC arrived a year ago.
The minister “clarified that it does not correspond to the ministry to enforce the sentences.”
This Wednesday, Cambray revealed the content of that conversation and presumed to have “guarantees” that the Government will not interfere in the process and “will urge to fulfill the Lomloe, which does not speak of percentages, pointing to the strategy that would have planned to follow the executive
To allow the Govern to continue imposing the immersion, Inform Víctor Mondelo.
The nationalists have deployed a whole offensive.
President Catalan, Pere Aragonès, demanded from the Government a “clear defense” of immersion.
The PDECAT, for its part, will present a law enhance to eliminate the first section of the additional provision 38th in which it is said that “educational administrations will guarantee the right of students to receive lessons in Spanish and in others
COOFICAL LANGUAGES In their respective territories, in accordance with the Constitution, the Statutes and the applicable regulations “and that, in his opinion, it does not serve to guarantee the shielding of the immersion, according to Marisa Cruz.
The pretension is “returning to the Socialist Loe Scenario,” explains Deputy Sergi Miquel, for who is not a guarantee of anything, the commitment of joy of not demanding changes in the Catalan educational reality.
The PDECAT expects its initiative to be supported by JXCAT, ERC, CUP and even the PSC deputies.
