The plenary session of the Constitutional Court admitted the appeal for unconstitutionality for treatment, powered by Compromís and which obtained the signature of fifty deputies of the Congress of Deputies, in relation to various articles of Law 1/2024, of June 27, of the Generalitat, which regulates educational freedom.
Concretely, in an order of November 19, the Court, on a proposal from the Third Section, admitted the processing of the appeal of unconstitutionality concerning Article 3, sections 5 and 8; Article 4, paragraph 1; Article 5, paragraphs 1, 3 and 4; Article 6, paragraphs 1 and 5; Article 7, paragraph 5; article 8; article 9; article 10; Article 11, paragraph 5; Article 12, paragraphs 3 and 4; Article 13; article 17; article 18; article 19, section 2.c); article 20, section 1, and fourth additional provision, of the aforementioned standard.
Likewise, it agreed to transmit the request and the documents presented to the Congress of Deputies and the Senate, through their presidents, and to the Government, through the Minister of Justice, as well as to the Corts Valencianes and to the Consell, through their presidents, so that, within 15 days, they can appear in the trial and formulate the allegations that they deem appropriate.
Finally, the TC refuses the stay requested in the lawsuit and indicates that the opening of the appeal will be published in the Official State Gazette and the Official Gazette of the Generalitat Valenciana.
This appeal was presented on September 25, at the initiative of Compromís and garnered the support of around fifty deputies – the minimum required for the presentation of an appeal from Congress – from the Valencian coalition itself, Sumar, Podemos, Bildu, ERC, Junts and BNG, considering that this goes against the linguistic rights of students recognized in the Statute of Autonomy, in the Spanish Constitution and in several educational laws of level superior.
From Compromís, they highlighted in a statement that the new educational law “forces Valencian families who must register their children for the following year not to know in which language they will receive lessons” and “prevents students from Spanish-speaking areas from be able to learn Valencian and master both official languages.
“The PP law allows untrained teachers to exist to give lessons in Valencian for non-linguistic subjects and thus violates the right of students to receive lessons in Valencian for other subjects”, while “there are judicial precedents against a good part of the provisions of this law to through seven judgments, both from the Constitutional Court and the Superior Court of Justice of the Valencian Community”, they insisted.
Likewise, they recall that the Superior Court of Justice of the Valencian Community has already rejected one of the measures included in this rule because allowing each student to choose the language in which they wish to take the exams “undermines the objective to acquire knowledge that is linked to the official language in which a subject is taught.
