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Justice knocks down the appeal of the PP against the linguistic requirement in the City Council of Dénia

May 13 from 2021 - 13: 02

The Contentious-Administrative Court No. 4 of Alicante has dismissed the appeal, presented by the councilors of the municipal group of Party, María Mut and Jose Antonio Cristóbal, against the approval of the linguistic requirement for the selection processes that are held in the Dénia City Council since January 1, 2020 (plenary agreement of August 29, 2019).

As the Socialists explain in a statement, "once again, the Popular Party has tried to prosecute issues that do not pose any problem for citizens. Furthermore, issues are perfectly and clearly legislated by supra-municipal institutions."

El PSPV regrets the statements made in his day by the national deputy of the PP, César Sánchez, in which he accused the Socialists of having turned Dénia into "a satellite of Catalonia" due to the implementation of the language requirement. "This is one more sign that the PP of Dénia goes to a halt on an issue that is more than normalized in our society, "they explain.

PSPV: "We are very satisfied by the forcefulness of the judicial verdict"

The implementation of the linguistic requirement to the City Council of Dénia was a pending matter that had to be unraveled to comply with the current legislation in two aspects: on the one hand, as the same sentence cites, the Law of use and teaching of Valencian and the Law of the public function; on the other, the obligation of the administrations to guarantee citizens access, in this case to their town hall, in any of the two official languages ​​in the Valencian Community, in an area of ​​predominantly Valencian language.

The Socialists have been satisfied by "the forcefulness of the judicial verdict" and add, "It is a sentence that shows a clear and necessary evolution and respect in the treatment of our language and the banishment of prejudices and conflicts around Valencian, which are already very outdated. "

The arguments presented in the Judgment

The judge in charge of evaluating the case and issuing a judgment endorses the arguments that Defendant No. 1 used to dismiss the other judicial appeal filed by a union, having presented this appeal before the TSJCV.

The judgment denies the accusations with which the defendants justify the appeal. Regarding the alleged lack of negotiation with the workers, once the chronology of meetings with the General Negotiation Table, with political and union representation, has been studied, "there is an action and a negotiating will between the attending parties."

Regarding the substantive issue, the legality of the plenary agreement and the introduction of the linguistic requirement in the selection processes, the judicial opinion refers to the pronouncement of the Superior Court of Justice in similar cases: Law 4/1983, of November 23 of 1983, on the use and teaching of Valencian, in articles 30.2 and 3, “it establishes that in the bases of calls for access to the exercise of positions, occupations and public functions, by the Generalitat Valenciana and local corporations, in the field of the respective competences, the knowledge of the Valencian will be valued ”.

It also cites article 29.4 of the Consolidated Text of the Valencian Public Service Law which specifies that “whoever passes the selective tests will accredit knowledge of Valencian by presenting the certificates, diplomas or degrees approved by the Generalitat or by carrying out of a specific exercise ”.

Therefore, the magistrate concludes, "the Administration can establish a certain level of knowledge of Valencian as a requirement for a certain workplace, so that only those who have the corresponding qualification can access."

Finally, the “proportionality” of the approved measure is addressed and the court highlights that “as stated in the administrative file, sheets 32 and 22, for more than 80% of the jobs (administrative assistants, local police officers. ...) the requirement is of the elementary level, the minimum ”.

1 Comment
  1. Cesar Pino Dominguez says:

    Good Morning. All this is very good in terms of the co-officiality of the languages ​​(not languages) and the requirement in this case of a minimum elementary level on the domain of Valencian. Is it not more rational that this requirement is of the Spanish language in all its provinces? Cultural vehicle that will serve the citizen in this case, the Dianenses to move not only throughout Spain and other regions with another regional speech. . If not for the whole world, more than 500 million Spanish speakers
    Let us not continue establishing differences, so that those not born in the Region may have difficulties of understanding, when in REALITY THIS DOES NOT EXIST any more in the interested heads of POLITICIANS.
    Let's simplify life, bureaucracy, understanding and costs. Everything will be made easier and simpler. IF YOU WANT.
    Yours sincerely, César Pino


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