summary
President of the Government of Catalonia
Articles 65 and 67 of the Statute provide that the laws of Catalonia are promulgated, on behalf of the king, by the president of the Generalitat. In accordance with the foregoing, I promulgate the following
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preamble
Aran is an Occitan reality endowed with its own identity, with different manifestations, including linguistic identity, since the Statute of autonomy of Catalonia recognizes Aran as the language of its territory. This singularity is subject to particular protection through the special legal regime established in articles 11.2, 36.3 and 94.1 of the Statute. This statutory mandate is fulfilled with the approval of Law 35/2010, of October 1, on Occitan, arans in Arn, and Law 1/2015, of February 5, on the special regime of Arn.
Law 35/2010, in the first additional provision, establishes that it has the character of a basic development law of the Statute and is integrated, with regard to ARN, into the special regime of this territory referred to in articles 11 and 94 of the Statute. Likewise, with regard to the Aranese language, article 1.1 determines that the object of said law is the protection in Catalonia of Occitan, called Arans in Arn, as the native language of this territory, in all areas and sectors, the promotion, the diffusion and knowledge of this language and the regulation of its official use. Article 13.1 states that Arans, as Arn's own language, is the vehicular language and habitual learning language in educational centers in Arn, in accordance with the provisions of the general education regulations. Article 14.1 provides that the competent administration in matters of education must regulate and organize the use of Arn's own language as the vehicular and habitual learning language of infant education in Arn, within the framework of the Generalitat's general education regulations. . And article 14.2 establishes that Arans must be used normally as a vehicular language and habitual learning language in primary and secondary education in Arn, in accordance with the Generalitat's general education regulations.
Law 1/2015, in the preamble, establishes that Occitan, in its Aranese variety, is the language of Arn and is one of the pillars and one of the fundamental features that make up the Aranese identity, and includes it in the fact National Occitan. The characteristic feature of arans as a vehicular language described in Law 35/2010 is once again present in Law 1/2015. Specifically, article 8.1.c establishes that it is the language normally used as a vehicular and learning language in educational centers in Arn.
The general education regulations of Catalonia also recognize Arans as a vehicular and learning language. Specifically, Law 12/2009, of September 10, on education, which in article 11.1 establishes, as a general rule, that Catalan, as the language of Catalonia, is the language normally used as a vehicular and learning language, it also expressly regulates the arans. Article 17.1 provides that Occitan, called Aran in Arn, is the language of this territory, in accordance with article 6.5 of the Statute, and as such is the vehicular language and habitual learning language in educational centers in Arn. In addition, article 17.2 adds that all the references made in title II of Law 12/2009 to Catalan as the language of education in Catalonia must be extended to the arans for educational centers in Arn.
The recently approved Catalan regulations also affect the use of languages in non-university education. Decree Law 6/2022, of May 30, in the explanatory statement, highlights the importance of the linguistic project of educational centers, to the point of considering it the central element of the school linguistic model, and also includes what established by article 14 of Law 12/2009, which determines that public and private centers with public funds must prepare, as part of the educational project, a linguistic project that includes the treatment of languages in the center. Taking this context into account, said decree-law aims to establish the criteria applicable to the preparation, approval, validation and review of the linguistic projects of public educational centers and long-term educational centers with public funds, to establish them as relative to the organization of teaching and the use of the official languages in each center. In the regulation of these criteria, the singularity of Arn has been presented from the linguistic perspective and refers to the same thing in article 3.3 and in the third additional provision, which establishes that in the territory of Arn, linguistic projects must take into account the arans , as Arn's own vehicular language and as a vehicular and habitual learning language in its educational centers, in accordance with regulatory regulations. The treatment of arans, then, fully coincides with that of the laws of the special regime of Arn, of Occitan and of education: the qualification of arans, in the territory of Arn, as its own language and, by accession, as a vehicular language and habitual learning in their educational centers.
The Parliament of Catalonia approves Law 8/2022, of June 9, on the use and learning of official languages in non-university education. Article 2.1 of said law establishes that Catalan, as the native language of Catalonia, is the language normally used as the vehicular and learning language of the educational system, and the language of normal use in the reception of newly arrived students. Law 8/2022 also takes into account the linguistic singularity of Arn, so that in the unique additional provision it determines that in the educational centers of Arn the linguistic projects must guarantee learning and the habitual curricular and educational use of Arans, their own language. of this territory, in accordance with the provisions of the regulations. However, the characteristics of the arans that derive from Law 8/2022 partially differ from those of the regulations mentioned in the previous paragraphs, including Decree Law 6/2022. Said law does not expressly recognize the condition of Arans as a vehicular language and habitual learning in the teaching of the educational centers of Arn, since it does not make explicit the traditional link that the Catalan legislation that it has analyzed establishes between the recognition of the character of the language of arans and its character as a vehicular language and habitual learning in the field of education.
For this reason, to guarantee legal certainty and avoid misinterpretations in relation to the survival of Arans as a vehicular language and habitual learning in Arn educational centers, it is considered necessary to modify Law 8/2022 in the specific reference to the use and learn from the aranes in non-university education.
Sole article Modification of the additional provision of Law 8/2022
The additional provision of Law 8/2022, of June 9, on the use and learning of official languages in non-university education, is amended, and is worded as follows:
In the educational centers of Arn, the linguistic projects must guarantee the learning and the habitual curricular and educational use of Arans, as the language of this territory and as a vehicular language, in accordance with the provisions of the applicable regulations.
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final provisions
First economic and budgetary effects
The precepts that eventually entail expenses charged to the Generalitat budget or a decrease in income produce effects of the entry into force of the budget law corresponding to the budget year immediately following the entry into force of the budget law corresponding to the year immediately after the entry into force of the budget law.
Second entry into force
This law entered into force the day after its publication in the Official Gazette of the Generalitat de Catalunya.
Therefore, I order that all citizens to whom this Law is applicable cooperate in complying with it and that the corresponding courts and authorities enforce it.
