spanish supreme court

In early November, the Catalan Government decided to allocate the public tender privatising the service of the publicly-owned Aigües Ter-Llobregat – which supplies water to the 5 million people of Greater Barcelona – to a joint venture led by Acciona. This meant that the Catalan Executive cashed in €300 million in 2012 and €700 million was to be split over the next 50 years. The operation was aiming to reduce public deficit. However, Agbar appealed the tender because it thought that Acciona was not fully respecting the terms of reference. Now the Court have backed Agbar’s view and cancelled the tender. Acciona has already announced that it will appeal to the Spanish Supreme Court and, in the case that it loses the concession, it will sue the Catalan Government for damages, since the contract came in to effect on the 1st of January.

The Spanish Supreme Court has rejected an appeal presented by one family against the Catalan Supreme Court’s decision adopted in March last year that validated the current public school model of linguistic immersion. The Spanish Supreme Court has stated that the Catalan Government does not have to change the entire Catalan school model, which has been in place since the early 1980s. However, it does have to consider individual petitions from families wanting to school their children in Spanish and make Spanish the language of instruction “in the proportion that the Catalan Government considers to be convenient” in “the school and class in which the offspring of the petitioner is being taught”.

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.

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.

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.