court

Judges will not have to know Catalan to work in Catalonia states the Constitutional Court

October 20, 2012 12:51 AM | CNA

Spain’s Constitutional Court has responded to an appeal from the Catalan Parliament dating from 2004. The appeal was against the Judicial Power’s last reform, approved by the Spanish Parliament, in the time of José María Aznar. Now, the Constitutional Court states that the Catalan Government only has competence over the non-judicial staff working in the justice administration, but not over the judges and other judicial staff. This means that the knowledge of Catalan language will not be a condition to work as a judge in Catalonia. Therefore Catalan citizens may not be able to use their mother tongue in their justice procedures or they will have to use interpretation services.

The Catalan Government will wait until dialogue expires before bringing Rajoy’s education decree to the Constitutional Court

June 14, 2012 01:20 AM | CNA

On Tuesday the Catalan Council for Constitutional Guarantees (CGE) declared that the Spanish Government decree cutting €3 billion in education does not respect 2 Constitution articles and 5 other articles from Catalonia’s Statute of Autonomy, being thus unconstitutional and going beyond Madrid’s jurisdiction. The Catalan Government following the CGE’s unconstitutionality assessment decided to bring the education decree to the Constitutional Court(TC), as it did last week with Rajoy’s health decree. However, after the Spanish Government threatened to bring approved initiatives from the Catalan Executive to the TC, the Catalan Government decided to modify the decrees through dialogue and bring the decrees to the TC as a last option.

Constitutional Court allows Catalan national teams to compete internationally but never against Spain

June 2, 2012 01:17 AM | CNA

After 13 years, the Constitutional Court has denied the appeal presented by the Spanish Government in 1999 against a Catalan Parliament Law that allowed the Catalan sports federation to compete internationally. However, the Court states that Catalan teams cannot compete “in sports where no Spanish federation exists”. According to the Catalan Government, this sentence is “a first step” on the road to the international recognition of “all sports federations”. In addition, the Platform for Catalan said that Spanish legislation does not apply internationally and that International Federations are private organisations; it is thus their decision, as the CAS confirmed in 2008. They also mentioned the case of England, Scotland, Wales and Northern Ireland.

Catalonia questions the constitutionality of the Spanish Government’s education and healthcare reforms

May 9, 2012 12:47 AM | CNA / Patricia Mateos / Gaspar Pericay Coll

The Catalan Government has announced a plan against the Spanish Government’s “recentralisation offensive”. One of its actions is taking the education and healthcare reforms adopted by Madrid to the Catalan Council for Constitutional Guarantees, as a first step to bring them to Spain’s Constitutional Court. The Catalan Government believes that some of the measures invade its jurisdiction, as it directly manages education and healthcare. Another measure is issuing a report pointing out the Spanish Government’s duplicities, such as maintaining ministries such as education, healthcare and culture. These policies are managed by the Autonomies. Left-Wing opposition parties have urged the Catalan Government to take further measures, while the PP has accused the Catalan Executive of “lying”.

Barcelona sets up Spain’s first totally digitalised court

May 5, 2012 12:14 AM | CNA / Pol Solà

After a year of trials, Barcelona’s court of first instance number 37 will work only with computer files, eliminating the use of paper. The Catalan Government, in charge of managing the court’s offices in Catalonia, has developed an IT system that will enable court staff but also citizens to carry out every process in a faster and more efficient manner. The plan to develop the system began in 2006 and its development has had a cost of €5 million. The Government’s plan is that by 2019 every court in Catalonia will be fully digital.

The Catalan Council for Constitutional Guarantees states that the Spanish Labour Reform is unconstitutional

April 5, 2012 11:45 PM | CNA

This advisory body dependent on the Catalan Government affirms that two aspects of the Labour Reform Law, recently approved by the Spanish Government, go against the Spanish Constitution. Furthermore, the report also highlights three elements that invade the Catalan Government’s jurisdiction. The four Left-Wing Catalan parties that requested the assessment one month ago are pushing for the reform to be brought to the Constitutional Court. CiU, who runs the Catalan Government, hopes to modify these aspects through parliamentary negotiations.

Catalonia’s Supreme Court validates the current linguistic immersion public school model

March 9, 2012 12:02 AM | CNA / Gaspar Pericay Coll

The highest Catalan court has clarified how to execute the sentence of the Spanish Supreme Court that had recognised the right of 3 families to school their children in Spanish and not in Catalan. These families will have their individual rights respected, but the current school model will not be changed. Catalonia’s education model has been validated twice by the Spanish Constitutional Court and has been in place over the last 30 years, guaranteeing full knowledge of both official languages –Catalan and Spanish– by all its pupils. Experts advise that the current school model prioritises the weakest official language –Catalan- following the principles of equal opportunities and social cohesion. The model has been praised by UNESCO, the European Commission and the European Parliament.

‘Le Monde’ condemned paying a 15,000 euro fine for damaging FC Barcelona’s honour in 2006

November 15, 2011 03:27 PM | CNA

The French newspaper ‘Le Monde’ published an article in December 2006 that falsely linked FC Barcelona with doping practices. A first trial condemned ‘Le Monde’ to pay 300,000 euros to the Catalan sports club, but the French newspaper and the journalist Stéphane Mandard appealed. A second court reduced the fine to 15,000 euros, but they appealed again. The Spanish Supreme Court has upheld the last sentence and dismissed the French newspaper's appeal.

One of the six Spanish Constitution’s founding fathers criticises the way the reform was carried out

September 28, 2011 01:38 AM | CNA / Josep Ramon Torné / Gaspar Pericay Coll

In addition, he warned about an ongoing re-centralisation process, going against the consensus of 1978, and whose next step “will be the electoral reform”, which “will sentence us [Catalan nationalists] as galley slaves”. The day that King Juan Carlos was ratifying with his signature the amendment to the Spanish Constitution, one of the main law’s six founding fathers criticised the reform. Miquel Roca, who represented the views of the Catalan nationalists in 1978 criticised a reform approved only with the support of the two main parties in Spain, both defending centralist stances.

The Spanish Government argues once again against language diversity

September 19, 2011 11:47 PM | CNA

The Spanish Constitutional Court has accepted to make a decision on the Spanish Government’s appeal against the Catalan law promoting the Occitan language in the Val d’Aran County, in the Pyrenees. The Val d’Aran has autonomy status within Catalonia, considering its historic links with the Occitan culture. It is the only place where Occitan has the status of preferred co-official language. Now, this status has been cancelled because of the Spanish Government’s appeal. The Catalan Minister for Culture considers the appeal “an attack against language diversity”.

The Catalan Supreme Court halts the two month deadline to include Spanish as a school language of instruction

September 15, 2011 11:19 PM | CNA

The Catalan Government appealed the order of the Catalan Supreme Court, which insisted that the Catalan school system should be modified in order to comply with the Spanish Supreme Court’s sentence from last December to include Spanish as language of instruction. With the Government’s appeal, the Court’s deadline is automatically suspended, until the Court decides on the appeal. The appeal is based on two sentences from the Spanish Constitutional Court validating the Catalan school model, as well as on the linguistic immersion principle which guarantees social cohesion and equal opportunities.

Spain will recognise South Sudan’s independence, but not Kosovo's

January 11, 2011 10:21 PM | CNA / Raquel Correa

If South Sudan citizens finally vote for independence, the Spanish Government will respect it and recognise their independence. However, the Spanish Minister for Foreign Affairs, Trinidad Jiménez, announced that Spain would not review its stance on Kosovo. The Balkan country declared its independence from Serbia in 2008 but Spain is one of the 5 EU Member States that still refuses to recognise it.

Spanish Supreme Court declares that Spanish must also be a school language of instruction

December 22, 2010 10:01 PM | CNA / Maria José Fidalgo / Gaspar Pericay Coll

Spain’s Highest Court sentences on a case about 3 parents who wanted their children to be taught in Spanish at Catalan public schools. The decision breaks the principle of using Catalan as the language of instruction in Catalan schools. This model has been in place for the last 30 years and guarantees knowledge of both the Catalan and Spanish languages by all pupils, as exam records have been proving. Now, Spain’s Supreme Court is interpreting the Spanish Constitutional Court’s sentence from last June, which stated that Catalan was a teaching language but that Spanish should also be. The fear in Catalonia is that the country will split into 2 separated language communities and social groups will not understand Catalan.

The PP takes Catalonia’s bullfighting ban to the Constitutional Court

October 28, 2010 11:09 PM | CNA / Gaspar Pericay Coll

The Spanish Conservative People’s Party (PP) finally presented an appeal to the Constitutional Court on the Catalan Parliament’s law banning bullfighting in Catalonia, which was approved 3 months ago. The PP is arguing that the law exceeds Catalan competences and enters into the Spanish State’s competences. The PP also says that the law restricts citizen rights and freedoms.