A recent ruling by a judge in Tortosa is stirring up significant debate over the status of the Catalan language within the Spanish judicial system. On January 16, the presiding judge at the Court of First Instance and Instruction No. 2 of Tortosa mandated, via resolution, for a court-appointed expert to draft their findings exclusively in Spanish. This move has prompted Plataforma per la Llengua, an advocacy organization dedicated to the promotion of the Catalan language, to file a formal complaint with the General Council of the Judiciary (CGPJ).
According to Plataforma per la Llengua, the judge's order violates the co-official status of Catalan, asserting the professional right to utilize the language within judicial processes. The organization is urging the CGPJ to revoke what they describe as an “illegal requirement” and to investigate the conduct of the judge for potential disciplinary action.
The controversy unfolded when the judge released his resolution—drafted in Spanish—urging the expert to produce the report “in a motivated, clear and intelligible manner” adhering to what he deemed standard orthography and grammar of the Spanish language. This incident prompted one of the parties involved to contact Plataforma per la Llengua for assistance, culminating in the filing of the complaint.
Plataforma per la Llengua references the Spanish Constitution, which guarantees co-officiality for regional languages like Catalan, giving it equal legal standing to Spanish within autonomous communities. They highlightArticle 231.3 of the Organic Law of the Judiciary (LOPJ), stating, “the parties, their representatives, and those directing them, as well as witnesses and experts, may use the language also official in the autonomous community where the judicial proceedings take place.”
Given this constitutional backing, the organization argues the judge's demand constitutes both a grave offense and abuse of authority. The LOPJ’s regulations on judicial conduct explicitly state such demands may incur severe penalties, as they contravene the rights of individuals engaged within the judicial system.
Establishing their position, Plataforma per la Llengua underlines the necessity for judges to serve the public equitably. “Judges are public servants and must provide service to citizens without discrimination, including language-based discrimination,” said Óscar Escuder, the organization’s president, asserting the organization’s commitment to equality for Catalan speakers.
The NGO contends the ruling may constitute not only severe legal overreach but also reflects larger systemic issues—namely, the inadequate recognition of the Catalan language within justice administration. They insist such incidents must be addressed, as they contribute to undermining the rights of Catalan speakers and the language's importance within both public and judicial discourse.
Adding to the discourse, Plataforma per la Llengua points out the law concerning judicial positions does not mandate judges to be fluent in Catalan. Instead, they propose if judges lack proficiency, they should proactively arrange for translators to facilitate the proceedings rather than impose exclusive language requirements on professionals involved.
Beyond immediate remediation for this specific case, the organization is also advocating for comprehensive reforms to the Organic Law of the Judiciary. Their goals include ensuring fluent Catalan speakers fill judicial positions and establishing standards for language requirements within judicial administration. They argue this would help eliminate barriers to fair representation and participation for Catalan speakers.
With the complaint lodged, the situation now rests with the CGPJ, who are tasked with revising the judge's actions and possibly holding him accountable for any breaches of language rights. Plataforma per la Llengua remains vigilant, anticipating action from the judiciary to resolve this distinctive yet significant issue prevalent within Spain’s legal framework.
This incident has ignited discussions not merely within the courtroom but resonates with the civil society's continuous efforts toward language rights and representation. The outcome could very well set precedents for the recognition of Catalan within legal domains, as advocates highlight the importance of linguistic diversity and its affirmation through law.
Given the political sensitivity surrounding language use in Spain, especially pertaining to regional languages, the CGPJ’s investigation might not only impact future judicial proceedings but also the broader dialogue on language rights throughout the country. The resolve of Plataforma per la Llengua reflects the urgency of safeguarding these linguistic rights and emphasizes the need for systemic reforms to accommodate cultural and linguistic variety within public institutions.