LANGUAGE POLICY REPORT 2010 I. The legal framework for language I. THE LEGAL FRAMEWORK FOR LANGUAGE 1. Prevailing legal framework 1.1. The Statute of Autonomy of Catalonia 1.1.1. The constitutional and statutory framework of the system of official languages and the powers of the Generalitat in this area 1.1.2. Language rights and duties and the guiding principles of public policy with respect to language 1.1.2.1. Public Administration and associated bodies 1.1.2.2. Education 1.1.2.3. The media 1.1.2.4. The socioeconomic sphere 1.1.2.5. Cooperation and external promotion 1.1.3. The recognition of Catalan sign language 1.2. The Language Policy Act 1.2.1. Public Administration and associated bodies 1.2.1.1. Regulation of use 1.2.1.2. The regulation of knowledge 1.2.1.3. The use of Catalan in the field of justice 1.2.1.4. Registries and notaries 1.2.1.5. Onomastics 1.2.2. Education 1.2.2.1. Compulsory education 1.2.2.2. University education 1.2.3. Media and cultural industries 1.2.3.1. The broadcast media 1.2.3.2. The Catalan Broadcasting Corporation 1.2.3.3. Local TV stations 1.2.3.4. The Catalan Audiovisual Council 1.2.3.5. Information and communication technologies 1.2.3.6. The cultural sphere 1.2.4. The socioeconomic sphere 1.2.5. External promotion 1 I. The legal framework for language 1.3. Education Act 1.4. Consumer Code of Catalonia Act 1.4.1. The language rights of consumers 1.4.2. Procedures for imposing fines 1.5. Catalan Sign Language Act 1.6. Film Act 1.7. Reception of Immigrants and Returnees to Catalonia Act 1.8. Aranese Occitan in Aran Act 2. The European Charter on Regional and Minority Languages 2 I. The legal framework for language I. THE LEGAL FRAMEWORK FOR LANGUAGE 1. Prevailing legal framework 1.1. The Statute of Autonomy of Catalonia 1.1.1. The constitutional and statutory framework of the system of official languages and the powers of the Generalitat in this area Organic Act 6/2006, dated 19 July, which reformed the Statute of Autonomy of Catalonia (hereinafter referred to as the SAC) entailed the complete replacement of the language provisions contained in the 1979 SAC by new regulations. This reform of the Statute comes under the Spanish Constitution, and in particular article 3.2, which states that “The other Spanish languages shall also be official in the respective Autonomous Communities in accordance with their Statutes.” Thus it ascribes the declaration of official status and the basic implementation of the language system to the Statute. The first change with respect to language issues in this reform of the Statute is the greater length and complexity of the language provisions it contains when compared with the language provisions to be found in the previous SAC passed in 1979. Thus while the latter set aside two articles and an additional provision to language, the new 2006 Statute assigns, whether expressly or indirectly, some twenty articles to it (5, 6, 11.2, 12, 32, 33, 34, 35, 36, 37, 38, 44.2, 50, 62.2, 65, 101.3, 102.1, 102.3, 102.4, 143, 146.3, 147, 151 and 155.2.b), in addition to a reference in the preamble. This expansion of language regulations has come about because pre-existing language legislation, which essentially means the Language Policy Act 1/1998, dated 7 January, has been given statutory status and also as a result of the introduction of new aspects such as the duty to know Catalan and the recognition of exclusive powers with respect to Catalonia’s own language. By way of summary, the most significant language features of the 2006 Statute of Autonomy are as follows: Affording statutory status to the basic principles of pre-existing language legislation: articles 6 (sections 1, 2, 3 and 4, regulating the principles of own language and official status), 12 (referring to territories with historical, linguistic and cultural links with Catalonia), 33 (regulating linguistic rights in dealings with Public Administration bodies and state institutions), 34 (which deals with the linguistic rights of consumers and users), 35 (which deals with language rights in the field of education) and 50 (on the promotion and dissemination of Catalan). The inclusion of issues which are subject to statutory reserve and had not been included in the 1979 SAC. These are aspects which are directly connected with the reference made to the Statutes in article 3.2 of the Spanish Constitution which previously either did not exist or had weaker regulatory bases. This would be the case with articles 6.2 (duty to know Catalan) and 143 (the exclusive authority of the Generalitat in language matters). The reinforcement of the language duties incumbent on the State’s general administration services and on the Justice Administration and notaries and registrars, together with the regulation of language rights vis-à-vis state-wide constitutional and jurisdictional bodies in articles 33, 37.1, 50.7, 101.3, 102.1 and 147, in the light of the reinforcement of their grounds inherent in the dual nature of the regulations in the SAC (as both a basic institutional regulation in the autonomous community and also as an organic Act of the State). The regulation of the Catalan language skills required of personnel in the general administration of the Spanish State, in the justice system, in notarial offices and in registries within the terms established by law (art. 33.3, 33.4, 102.1 and 147). 3 I. The legal framework for language The reference to Aranese, the variant of Occitan spoken in the Val d’Aran, the declaration of its official status throughout Catalonia (even though the Statute defers a statement of the scope and content of this official status to future legislative provision) and its clear connection to the language and reality of Occitan (art. 6.5, 11.2, 36, 50 and 143.2). Affording statutory status to language conjunction in non-university education to prevent language-based separation, while establishing the normal use of Catalan, the right to receive an education in Catalan and the teaching of Catalan and Spanish (art. 35). The recognition of the right to language availability in establishments that are open to the public within the terms established by law (art. 34). This year the Consumer Code Act 22/2010, dated 20 July, has been passed. The recognition of Catalan sign language (art. 50.6), which has led to the enactment of the Catalan Sign Language Act 17/2010, dated 3 June. As for the language powers of the Generalitat, significant here is article 143, which gives it exclusive authority over own language issues and also authority over the language normalisation of the Occitan spoken in the Val d’Aran, in conjunction with the Conselh Generau d’Aran (General Council of Aran). Two other articles, 146.3 and 147.1.a, explicitly state its powers in terms of fostering multilingualism in the media and on providing proof of knowledge of Catalan by staff in notary offices and registries respectively. A further miscellaneous range of powers also have implicit language content including associations and foundations (art. 118), savings banks (art. 120), trade and trade fairs (art. 121), consumer affairs (art. 123), cooperatives (art. 124), public law corporations and certified professions (art. 125), culture (art. 127), education (art. 131), sport and leisure (art. 134), public employment (art. 136), immigration (art. 138), youth (art. 142), the media (art. 146), organisation of the Administration of the Generalitat (art. 150), the system of local government (art. 160), healthcare, public health, pharmaceutical regulation and pharmaceutical products (art. 162), tourism (art. 171) and the universities (art. 172). Before finishing this section, mention should be made of the recent ruling by the Constitutional Court of 28 June 2010 on the appeal of unconstitutionality no. 8045-2006 brought against several provisions of Organic Act 6/2006, dated 19 June, reforming the Statute of Autonomy of Catalonia. In terms of language, it should be noted that the ruling declares the phrase “and preferred” in section 1 of article 6 of the Act to be unconstitutional. Furthermore, the court ruling submits article 5 (language in relation to historic rights), article 6.2 (official languages), article 33.5 (relations between citizens and national constitutional and legal bodies), article 34 (language rights of consumers and users), article 35.1 and 2 (education) and article 50.5 (language of internal procedures, communications and notifications) to interpretation. 1.1.2. Language rights and duties and the guiding principles of public policy with respect to language 1.1.2.1. Public Administration and associated bodies Article 6.1 of the 2006 SAC reproduces the statement that “Catalonia's own language is Catalan”. The article then expands, in very general terms, the declaration of Catalan as the own language of Catalonia in a number of areas, including the public administrations. Thus it states that Catalan “is the language of normal and preferential use in Public Administration bodies [...] of Catalonia”. Given that the concept of own language is based on territory, its consequences encompass and bind all the administration bodies in Catalonia. This is in spite of the fact that Act 1/1998 made it applicable in varying degrees depending on whether the administrative body was part of the Spanish State’s administrative structure or not. It should also be recalled that even though Act 1/1998 predates the current SAC, its stipulations are still valid unless they have been repealed or come into conflict with the provisions of the Statute.