Identifier: TFG:565
Authors: Abelló Figueras, Laura
Abstract:
The European Charter for Regional or Minority Languages (CELRM) is an international treaty adopted in 1992 by the Council of Europe and signed by Spain in the same year but not ratified until 2001. Once ratified, the Charter Europe is directly applicable in Spain and forms part of Spanish domestic law and binding for all purposes in all state authorities and for all citizens. The main objective of CERLM is to gain recognition of the official minority minority regarding the majority official languages. Specifically, in Spain, Catalan is considered a regional or minority language and therefore, the provisions of the Charter that chose Spain are applied to Catalan. The article 9 of European Charter, which deals with the administration of justice, has a lot of problems in practice, because, based on periodic reports drawn up by Spain and by the Committee of Experts about the application of the CELRM in Spain, the Judiciary and his staff service did not want at all to adapt the two official languages in Catalonia which comes from the Spanish Constitution, that established that the two official languages in Catalonia are Catalan and Castilian, and also they not protect the language rights of the minority that protects the Charter and therefore causing the inequality between it and the Spanish legislation on the matter. The theme of this final project over the years has brought two different positions: the defenders of equality guarantees of the two official languages in Catalonia against justice, who believe that art. 9 ECRML is not being fulfilled; and who, undermining the objectives of the Charter, argue that the majority official language, Castilian, will prevail against Catalan, rejecting any linguistic equality between them, both in law and in practice.
Repositori URV