Inejecución de sentencias que condenan a la Administración a desplegar una actuación dirigida a la realización de un derecho subjetivo. El caso de la reintroducción del castellano como lengua vehicular en la enseñanza catalana

Abstract

The execution of rulings coming from Courts of administrative litigation has always been plagued by conflicts. The Administration is tempted to resist carrying out an adverse court ruling. The Courts are equipped with plenty of powers to beat the resistance. A fundamental right is on the line: the effective judicial protection, which extends to the court ruling’s effective realisation. This piece of work deals with a case with an added difficulty. The linguistic policy applied by the Generalitat de Cataluña for many years has pushed Spanish aside as a teaching language, not allowing it to coexist with Catalan when it comes to imparting lessons. Some parents have requested the right to reintroduction, which has been recognised by the Supreme Court, in numerous rulings, and by Catalonia’s Supreme Court of Justice. Such right’s full and effective realisation has collided with the Generalitat’s resistance. In this piece of work I describe such resistance and the decisions adopted by the Courts to overcome it, as well as analysing the structural problems that our administrative justice system has to deal with when Court rulings force the Administration to adopt decisions such as guaranteeing that 25% of hours be taught in Spanish.