Llengua i Dret

Resum

The introductory part of this lecture is an account of the historical precedents that explain the survival, overcoming the hostile political stance of many centuries, of the utmost signs of identity of the Catalan people: their language and law system. A general overview of the present situation of the Catalan language and law constitutes the second part of the lecture. Even if Catalan is the official language of Catalonia, the legal precepts that make it so have roused numerous problems because of their ambiguous interpretation and practical application. With two clear examples (the right to have the powers to regulate or enforce the use of one's own official languages, and the obligation to know them in their territory), the author concludes that the present regulation on the use of official languages requires a profound revision. In the juridical field also, the author laments the insufficiency of the powers endowed to the autonomous Catalan government and the conflictive ambiguity of the constitutional texts. Lastly, the issue of the use of Catalan strictly within the field of law is discussed; in the notarial field, in the registers that depend on the Ministry of Justice, and in the administration of justice. The legislation that encourages or refuses the use of Catalan in each one of the aforementioned sub-fields is explained in detail. In spite of his stating that in Spain the legal regulation of the use of official languages is full of flaws and questionable, the author concludes that in Catalonia the present regulations in effect are not used profitably enough as far as the use of Catalan is concerned.