public school student. Monica Torres
The Constitutional Court has issued a ruling refusing Vox permission to visit schools in the Balearic Islands to see if students there are being indoctrinated and making it difficult or impossible for them to use the Spanish language during school hours. The judgment rejects the request made by this political group, before the decision of the Board of the Balearic Parliament of the Balearic Islands, not to allow its representatives, as claimed in their request, access to the public educational centers of this autonomous community during school hours. Vox has three seats in a 59-year chamber.
First, the Balearic Government decided to allow Vox to visit the educational centers of the public network outside of school hours, so as not to disrupt “the normal functioning” of the schools. After the petition was submitted to the governing bodies of the autonomous parliament, the board of the chamber also did not agree that the control work requested by this party could take place while the students went about their usual teaching duties. Vox then decided to appeal to the Constitutional Court, arguing that the refusal received constituted a violation of Article 23.2 of the Constitution regarding the right to political representation and in particular the “right to equal access to public office and positions in accordance with the requirements set out therein”. Law.
The phrase – for which the progressive sector judge María Luisa Segoviano was the rapporteur – justifies that the visit of regional deputies to the Balearic public education centers is a tool provided for in art. 15.5 of the Regulations of the Balearic Parliament on the control of government activity, which form part of the status of the office of MP, which in turn is protected by Article 23.2 of the Constitution referred to above. At the same time, however, he emphasizes that in this case, the condition that the visit should take place outside of school hours “meets the parameters of rationality and proportionality”, since it was based on a reason established by law, such as the fact that the normal functioning of classes was not possible school activity is impaired.
The conflict between Vox and the Balearic government has been going on for more than four years. The Ministry of Education decided that the deputies of this formation could visit the centers outside of school hours and accompanied by the region’s Education Inspector, a proposal not accepted by the aforementioned faction. In January 2020, the Ministry of Education explained that the proposal aimed on the one hand to guarantee “the right of regional MPs to access public bodies” and on the other hand to allow students “to exercise their right to education free from any external interference”. Print”.
The Constitutional Court decided to accept the Amparo petition for processing in 2021, and the appeal was brought to plenary given its possible constitutional relevance. The judgment, now finally announced, highlights that Vox, “following repeated requests to clarify the purpose of the planned visits,” said Training “did not do so, so this measure could not provide more specific consideration.” Determine the Necessity for the visit to take place during school hours.” In any case, Vox spokesman Jorge Campos explained in 2019 that the purpose of the planned visits is to check the state of the infrastructures and “what is happening with the introduction of the Catalan language” and with “the indoctrination that is done with it.” linguistic immersion in Catalan”, adding that “we must respond to the thousands of complaints that have been received for years”.
Judge Enrique Arnaldo voted against the verdict, and will cast a dissenting vote, joined by fellow judges Ricardo Enríquez, Concepción Espejel and César Tolosa, all from the conservative side of the court. The discrepancy stems from the fact that, in his opinion, the Amparo lawsuit should have been successful since it “established the violation of the right of the Vox-Actúa Baleares faction of the Balearic Parliament to hold public parliamentary office”. in accordance with Article 23.2 of the Constitution referred to above.
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According to members of the conservative constitutional bloc, the agreements of the Balearic Parliament’s executive board “contravened the ius in officium (the powers) proper to the office of parliamentarian” because they served to prevent the deputies of the appellant group from exercising the powers control function of the Balearic Government, “accepting its apodictic refusal to allow these deputies to visit public schools in the Balearic Islands during school hours, a visit that they are allowed to do within the framework of art. 15.5 of the Rules of Procedure of the Balearic Parliament”.
The dissenting judges consider that “this norm integrates the statute of the deputy post and therefore belongs to the very essence of the fundamental right to hold parliamentary public office according to the requirements established by law and without undue conditioning or interference”. . The dissenting vote assumes that the Bureau of the Balearic Parliament has not exercised its powers “to protect the rights of parliamentarians”, i.e. “executive, which hides behind a restrictive interpretation” of the rules of the Chamber, in terms that leave said law meaningless .
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