Multilingüisme i justícia

Carlos Varela García

Resum


The Spanish Constitution of 1978 meant the recognition of Spain's linguistic diversity. According to the author, this recognition, far from being merely symbolic, should lead to the cultural, social, and public restoration of the autochthonous languages of the Autonomous Communities, as part of a larger project of building a true multinational state. After this introduction, the author considers the situation of the autochthonous languages of the Autonomous Communities in the administration of justice. Although citizens have the right to use the autochthonous language when dealing with the administration of justice, public officials do not have the corresponding duty to know it. At present, knowledge of the autochthonous language is just an asset which, on the other hand, does not entail any obligation to use it. This situation calls into question the linguistic pluralism proclaimed by the Constitution, which implies the following conclusions: first, all official languages are valid means of communication between the citizens and public authorities; second, the constitutional duty to know Castilian does not allow public authorities to impose the use of it on citizens; third, in Autonomous Communities with two official languages it is the public authorities who have to adjust themselves to the linguistic choice of citizens. To conclude, the author argues that there is good reason for the administration of justice to join this regime of linguistic pluralism.

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