almost a year ago I wrote an article three of the most controversial aspects of the new Statute of Catalonia: sovereignty, the official languages \u200b\u200band the nation. After four long years of discussions failed by the Constitutional Court, to finally have the reasons why it is constitutional or not specified in the statutory text regarding these three issues.
The three precepts have been deemed unconstitutional, to declare unconstitutional but have little clarifiers used circumlocutions to give an appearance of semi-constitutional, the most blatant case of this resource convoluted the arguments we have on the issue of duty to know Catalan.
Article 6.2 of the Statute of Catalonia said, regarding the Castilian and Catalan, " everyone has the right to use the two official languages \u200b\u200band the citizens of Catalonia have the right and duty to know " as I said at the time, introduced the Statute and the absolute equality between the two official languages \u200b\u200bof Catalonia, thus ending an illogical coexistence unbalanced in favor of Castilian (being both official languages \u200b\u200bequally, it is somewhat absurd that only one must be known), the Judgement Constitutional Court restricts the duty to inform the other official language of Catalonia and education officials: " only talking about himself, not a general duty for all citizens of Catalonia, but the imposition of an individual duty mandatory and which has its own specific place in the field of education, as is the art. 35.2 EAC, and the subject of special relations which bind the Catalan government and its officials "(Legal 14.b)).
However much we force the words of the Statute, the interpretation by the Constitutional Court has no rational place in the statutory text, as "citizens of Catalonia " are not confined to any particular area, but each and every one of Catalan citizens, whether teachers, students, staff, cleaners, engineers, judges, entrepreneurs or unemployed, the court should have declared unconstitutional, without equivocation or circumlocution, the duty to know the two official languages, thereby maintaining the current infra-official status of Catalan and Castilian on the assumption, therefore, that the Constitution does not fit actual co-official English languages.
Obviously, this means (although the Court Constitutional has tried to hide without much success) that there is no co-official languages \u200b\u200bin Spain, or at least does not support current Constitution, ie that there are languages \u200b\u200band languages \u200b\u200bclass folk (although worthy of protection and cultural empowerment such as regional dances) second category. I will not be me who contradicts the Constitutional Court, but if that's what the Constitution says I think it is something that needs urgent change, ie if we want to recognize the officers of the various languages \u200b\u200bspoken in Spain we offer them a same status coexist where more than one (including the duty to know) but if some are totally official and others not, will have to change the definition of the lowest in the Constitution itself (lowering the status officers and defining them as folklore, such as secondary, reminiscent, as negligible, as trivial, as unimportant or whatever you want, but never as officers).
The initial definition of Catalonia as a nation in the articles of the Statute approved in the Catalan parliament, subsequently moved to the Preamble, has been completely vitiated by internal arguments over the constitutionality of other aspects of the Statute, the blatant unconstitutionality of such a definition (Which collides head-on with Article 2 of a Constitution which, as noted by the Constitutional Court in its Legal Basis 12 " knows no the English nation") has served to distort to the absolute limits the Court's own internal debate, as we will see in the individual votes cast by any member. This definition of Catalonia as a nation (which can not be understood but as a full-blown challenge by the Catalan Parliament) has served, in short, for all the internal debate to focus on an alleged global intent of the Statute of Catalonia directed toward covert reform of the Constitution so that all the articles finished analyzing contested in terms of their possible relationship with this intention, so much has been distorted the debate within the Constitutional Court that almost all individual opinions are discussed in relation to a concept of the Preamble (the definition of Catalonia as a nation) that the Judgement itself with which they disagree has determined that no interpretive value type on the articles.
Looking at the arguments regarding the duty of all Catalan citizens know both Catalan and Castilian we realize how this distortion of the debate has led to all members of Constitutional Court, without distinction, to determine the constitutionality of that duty bypassing the Constitution.
Vicente Conde Martín de Hijas, in a vote loaded particular alleged good intentions and fine Juric (denying that the Constitutional Court should interfere as the arbiter of policy options) has concluded that the duty to know Catalan (paragraph 11 of his dissent ) must be linked with the ideas of nation and state, so you deny that a Statute of Autonomy can establish certain duties to the citizens living in an autonomous, not because the Constitution prohibits it, but because it inidóneo in that a statute is not a Constitution and, therefore, the basic duties of citizens (such as knowledge of a language) are reserved exclusively to the Constitution, Jorge Rodríguez-Zapata Pérez, who initially uses his dissent to report the disappearance (in 1985!) of prior recourse of unconstitutionality and the Constitutional Court alleged persecution embodied in a proposition reform of the Organic Law governing the Tribunal, which has not even come to discuss in Cortes (was presented by Convergence and Union last June 4), uses an argument based purely on politics and even his own particular circumstances, even claiming that the mother tongue (yours, not mine nor that of many other English) is the official state and education in the language (Castilian, which is theirs and not mine nor that of many other English) is one which is linked to human dignity (or whatever it is, that my human dignity can and must do without my mother tongue), settlements around the issue of Catalan law declared unconstitutional even to be served in a language other than the mother (yours, not mine nor that of many other English).
As can be seen, not the majority position or explain individual votes (from Indeed, not even bother to mention it) does it mean in the Constitution that two languages \u200b\u200bare defined with the same concept (they are all officers) and how it concludes that the word "official " has a legal distinction an entity that is prohibited, even without the Constitution has expressly prohibited it, refer to two official languages \u200b\u200bin similar terms.
more concerned about the challenge of the Catalan parliament and ramblings about an impossible and unworkable (as well as arguably absurd) covert reform of the Constitution (as it was they themselves who had safeguard their hands: that is exactly one of its main functions), the Constitutional Court members have come to contradict the Constitution, denying an official language official status (as the character of official reserves in exclusively to the Castilian, which is not consistent with Article 3 of the Constitution, which says the Catalan official also is applicable where the Statute of Catalonia).
The Constitution, now has begun to die, has just been declared unconstitutional by the Constitutional Court.
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