Francisco Bañeres, Catalonia's senior prosecutor, informed this Thursday that he ordered the final discontinuance of the complaints received from the parliamentary groups of Ciudadanos (Cs) and VOX against Josep González Cambray, Catalan minister of Education, whom they accuse of perversion of justice and disobedience for not applying the 25% Spanish quota in schools ruling. The facts reported "do not involve criminal offences", stated the Senior Prosecutor, who closed the investigation proceedings. He also ordered that the complaint filed by the association Hablamos Español and Convivencia Cívica Catalana be dropped.
Cs' report was presented on June 1st by Deputy Carlos Carrizosa and head of the party Inés Arrimades, stating that with the decree law 6/2022, on the elaboration and execution of linguistic projects in educational centres, the Catalan minister of Education evaded the ruling and the Spanish constitution, and accused González Cambray of perversion of justice and disobedience. VOX also accused Cambray of disobedience.
Prosecutor's office's reasoning
In the report, the Senior Prosecutor of Catalonia recalls that in December 2020 the fifth section of the Catalan High Court's (TSJC) administrative chamber agreed with the State Attorney's Office that Spanish had to be a vehicular language and set the 25% quota, a ruling that was confirmed by the Spanish Supreme Court last January. Bañeres adds: "It is clear, and contrary to what the complainants maintain, that neither this ruling nor any other considers that the use of Spanish as a vehicular language, in at least 25% of the subjects taught, is a right that emanates directly from the Spanish Constitution".
Regarding the crime of disobedience, the Senior Prosecutor states the court which ruled the 25% quota be implemented is the one that should push its complaint for disobedience if it considers Cambray refused to comply, which it has not done yet. Recently, the TSJC suspended the execution of the 25% Spanish quota, considering that the new Catalan government's regulation overrides the ruling, and proposed to consult Spain's Constitutional Court on the measure's possible unconstitutionality.
Bañeres also denies that the Minister of Education is guilty of perversion of law, he points out that decree law 6/2022 and law 8/2022 were promoted by the Catalan government and approved by the Catalan Parliament and, therefore, the responsibility not only falls on Cambray. Action against the legislature should be taken via the administrative field, not the criminal one