La funció pública docent a Catalunya al cap de deu anys de català a l'escola

Antoni Milian i Massana

Resum


It seems logical to state that it is necessary for teachers working in Catalonia to know Catalan. Nevertheless, the fact is that, so far, no legal mechanism guarantees that teachers coming to Catalonia know Catalan in spite of the Supreme Court sentence of the 16th September 1985 and the Generalitat of Catalonia Decree 18/1986 of the 30th January. To demand a good knowledge of Catalan to the teachers who are coming to work in Catalonia should not be considered as a discriminatory measure against them but as a strict competence requirement designed not to discriminate students, to whom the public function carried out by the teachers is addressed. There are enough legal arguments to modify the present situation, such as the Constitutional Court sentence of the 26th June 1986 about the «Ley Basica de Normalización del Uso del Euskera» (Standardisation Basic Law about Euskera's Usage) in relation with some asserts belonging to the Supreme Court sentence previously mentioned. It is difficult to understand why the 18/1986 Decree of the 30th August has not been modified so far. The reason can not be the Supreme Court jurisprudence, because it is restricted by the Constitutional Court. The fear originating a discussion between Administrations about their competences in public education —a question that should be clear by now— can not be the reason either, nor the fear to the teachers reaction, because the public service requirements must prevail. The fact is that ten years after the Royal Decree of the 23rd June 1978, that included catalan into the educational system in Catalonia, we have not been able to create a structure solid enough to garantee the incorporation of catalan in schools.


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