October 2006

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THE DUTY TO KNOW BASQUE IN COURTS DECLARED UNCONSTITUTIONAL

October 2006 – The Spanish Constitutional Court has made public a sentence that declares null and void some parts of a decree approved by the Basque government to extend the use of the Basque language in courts. The decree 117/2001 regulated the levels of language competence required for assignment of official posts in Basque courts.

According to the sentence, the Basque autonomous government has powers over some staff recruitment such as court officers, judicial administrative assistants, bailiff’s clerks and forensic surgeons and consequently keeps legislative jurisdiction over language requirements. However, the Constitutional court has declared that the duty to know Basque –Basque Country’s co-official language– cannot be applied to judges, public prosecutors and secretaries because it violates State powers.

In this regard, the report and the recommendations of the Council of Europe’s Committee of Experts issued in 2005 on the application of the European Charter for Regional or Minority Languages by Spain, observe that “the Spanish state has not taken the necessary legal and practical measures needed to ensure that judicial and state administration staff have a working knowledge of the co-official languages”. They also point out that “a general problem affecting all languages covered under Part III is related to the field of justice”. Behatokia, the Basque Observatory of Linguistic Rights, has said that the sentence “not only violates the linguistic rights of Basque speakers, but the right to self-defence and to effective legal protection”.