U.S. English Foundation Research

SPAIN

Legislation

PREAMBLE

I.

Aragon is a multi-lingual community with the major and official language of Castilian, where in certain areas other languages such as Aragon and Catalan exist in their specific forms and varieties.

The linguistic plurality creates rich heritage of Aragon (Autonomous Community) and reflects its history and culture. Therefore it shall be acknowledged and valued by its inhabitants, protected and supported by all public institutions of Aragon, by means of appropriate standards and acts.

II.

Since installation of democracy in Spain, Spanish and Aragon legislation recognised multilingual heritage in the country and, by means of this Act, in the province of Aragon. The Constitution Court on the basis of the Spanish Constitution 1978 has referred several times to "master lines of the linguistic model".

The Constitution Preamble 1978 refers to the Spanish people's will" to protect human rights, cultures, traditions and develop their languages and institutions on the whole territory".

The Article 3 of The Preliminary Part states that "Castilian is an official language in Spain. All Spanish people are obliged to master it and have the right to use it". The following paragraph states that "other Spanish languages are recognized in respective autonomous communities in accordance with their Statutes". The third paragraph of the Article 3 of the Spanish Constitution claims that "linguistic modalities in Spain create cultural heritage and therefore are treated and protected with special respect".

Finally, the Article 148.1.17 of the Spanish Constitution gives Autonomous Communities the powers to maintain culture, research and education in the language of the Autonomous Community.

The Autonomous Community of Aragon Statutes in its Act 5/1996 from 30th Dec., Article 7 states that languages and linguistic modalities of Aragon deserve protection. It guarantees their education and use in a form established in the House of Aragon Act and throughout the zones where respective language predominates.

The Statute of Autonomy in the Article 35.1.30 acknowledges exclusive powers of the cultural matters to the Autonomous Community with special attention given to manifestation of Aragon uniqueness, its linguistic modalities, their preservation, promotion and research. It has to be pointed out that since 1st January 1999 Aragon has obtained the rights to develop legislation and execution concerning education on all levels and grades, in all modalities and specialities in accordance with Article 36 of the Statute of Autonomy.

In accordance with this basic institutional standard of the Autonomous Community The Act on Cultural Heritage of Aragon (3/1999, 10th March) in the Article 4 confirms that "Aragon and Catalan language minorities together with their linguistic modalities represent cultural property and therefore shall be protected by the Administration.

The second Amendment of the Cultural Heritage of the Aragon Act refers to the Aragon Language Act that "creates juridical frame regulating existence of two official languages (Aragon and Catalan), sets the rights of the respective language communities, linguistic education and education in the languages and the standards of using those two languages in respective territories".

III.

The House of Aragon bearing in mind complicated situation concerning two official languages (Aragon and Catalan) and their diverse linguistic modalities has unanimously approved establishment of a Special Court Commission for Language Policy in Aragon with the objective to assess the state of the matter, to deal with occurring discrepancies in adoption of necessary measures and standards (legal investigation, existence of two official languages, protection, promotion and education) in all cases concerning language minorities of Aragon. The session took place on 20th June 1996.

The Special Court Commission on Language Policy in Aragon was approved unanimously with no single vote against on 7th April 1997 published in the Official Bulletin of the House of Aragon No. 105, 21st April 1997.

The conclusions drawn by the Special Commission concern, among other issues, the acknowledgment of Aragon and Catalan as equal languages of Aragon, respect of their modalities and local varieties, their education, rules of traditional topography, grants and publications, language minority mass media, and foundation of administrative body responsible for linguistic standards.

IV.

This Act bearing in mind plural linguistic reality of the Autonomous Community wants to transform the conclusions of the Special Court Commission on Language Policy in Aragon into a juridical standard in accordance with 1978 Constitution and the Statute of Autonomy.

Chapter I of the Act recognizes two official languages of Aragon and Catalan in certain zones of Autonomous Community specified in Chapter II as well as the annex of the legal text pointing out explicitly modalities and varieties of the local languages.

Chapter III establishes and regulates the Highest Languages Council of Aragon being a fundamental body in the delicate process of linguistic standardisation which shall commence as soon as this Act has been approved. Establishment of the Highest Council that comprises of scientific experts on the subject which shall guarantee its objectivity, independence and efficiency.

Chapter IV deals in detail with characteristics of Aragon languages representing part of Aragon cultural heritage, it sets up concrete measures for preservation, protection and promotion of Aragon Linguistic Heritage.

The following chapters searching patrons for establishing legal system have defined common points with the European Chart of Regional Languages and Minorities supported by the European Council (from 5th November 1992). Even though Spain has not ratified the aforementioned international document, the European Chart contains various methods which are convenient and can be applied within the Autonomous Community of Aragon. Apparently, the methods show the progress and its direction being made in all European Union countries in the area of linguistic policy.

Chapter V of this Act regulates language education on the voluntary basis. It also ensures the possibility to learn different languages and their linguistic modalities for inhabitants of co-official zones giving guarantee to corresponding language class establishment on different levels of Aragon education system.

Chapter VI specifies different standards concerning casual and official use of languages in Aragon. It deals with different elements, among them administrative procedures in public and social services or proper linguistic preparation of civil servants. The Chapter also refers to official publications, topography and regional topographical names.

The Act is completed with four transitory directions stating various deadlines for putting the Act into effect, derogatory directions and two conclusions.

Coinciding with the Announcement of the European Year of Languages in 2001, the Aragon Language Act unifies various protective and promotional standards on languages in Aragon and it represents execution of constitutional powers of the Autonomous Community of Aragon.

CHAPTER I - GENERAL PROVISIONS

Article 1. - Objectives

1. The objective of this Act is to protect linguistic heritage as well as to regulate casual and official use of minority languages Aragon and Catalan in certain social spheres, such as education.

2. The fundamental objectives are:

a) exercise the citizens' rights to master and use the languages of Aragon.

b) support and encourage revival and development of languages in Aragon.

c) guarantee education in Aragon and Catalan on different grades based on the principles of voluntarism, respect.

d) specify municipalities in which Aragon and Catalan are co-official languages.

3. The Aragon and Catalan language modalities and varieties are treated with special respect and protection.

Article 2. - Official Languages

1. Castilian is the official language on the whole territory of Autonomous Community of Aragon.

2. Besides Castilian Aragon and Catalan are co-official languages in the territories of their predomination.

Article 3. - Support of the Aragon and Catalan Languages

1. The Authorities of Aragon guarantee casual and official use, education and knowledge of Aragon and Catalan especially on the territories where they are predominant.

2. They also adopt measures for prevention of discrimination towards the citizens exercising their rights to use any of the official languages.

Article 4. - Legal Protection

In accordance with valid legislation, citizens may address the Courts of Justice in order to defend their language rights acknowledged by this Act.

CHAPTER II - ZONES OF USE OF PREDOMINANT LANGUAGES

Article 5. - Co-official Zones

The hereby Act acknowledges the Autonomous Community of Aragon as:

a) a co-official zone of Aragon including all municipalities stated in the Annex I of this Act.

b) a co-official zone of Catalan including all municipalities stated in the Annex I of this Act.

c) a zone of Castilian as the exclusive official language in all other municipalities.

Article 6. - Modalities and Local Varieties

1. Without contradicting the aforementioned provisions, municipalities listed in the Annex I and II of the Act may declare their territory a predominant zone of use of a local language or its linguistic modality.

2. The Municipal Council takes decisions in the aforementioned issue by majority of votes and similarly decides about declaration of local linguistic modality.

CHAPTER III - THE HIGHEST Language Council of Aragon

SECTION 1a. GENERAL PROVISIONS

Article 7. - Establishment

The Highest Language Council of Aragon is established as a County (Departamento) body with the powers in the area of cultural heritage executing its functions with organ and functional autonomy with the aim to guarantee its objectivity and independence.

Article 8. - Statutes

1. The Statutes deal in details with the organisation, powers, procedures and functions of the Highest Language Council of Aragon.

2. The Highest Language Council of Aragon has the power to elaborate the Statutes approved subsequently by the Government of Aragon being entitled to introduce changes it finds important.

SECTION 2a. Members of the Highest Language Council of Aragon

Article 9. - Composition

The Highest Language Council of Aragon consists of 9 members that are experts in languages and linguistic modalities of Aragon, esteemed scientific, pedagogic or literary personalities with the achievements in the area of Aragon culture.

Article 10. - Appointment

Members of the Highest Language Council of Aragon are appointed by the President of the Autonomous Territory of Aragon based on the proposal by the Highest Language Council of Aragon in accordance with its Statutes.

Article 11. - Incompatibilities

Membership in the Highest Language Council of Aragon is incompatible with membership in the Parliament, in an executive organ or any other higher position within the Autonomous Community state authorities.

Article 12. - Revocation

The Highest Language Council of Aragon membership is irrevocable and it is ended by death, abdication, disqualification based on judicial decision, incompatibility or incapacity to exercise functions decided by the qualified majority voting of the Highest Language Council of Aragon.

SECTION 3a. FUNCTIONS

Article 13. - Linguistic Standards

1. The role of the Highest Language Council of Aragon is to identify and elaborate standard versions of Aragon and Catalan and their local linguistic modalities.

2. The Highest Language Council of Aragon supervises maintenance and development of adequate Catalan and Aragon terminology in the area of administration, economy, commerce, society, technology and justice.

Article 14. – Standards in Use

1. In accordance with the provisions of this Act and using one of the languages or linguistic modalities of Aragon, public administration applies respective standard versions within zones declared in Chapter II of this Act.

2. Without contradicting to the aforementioned provision, a municipal council may opt for local linguistic modality on its municipal territory according to the Article 6 of the Act in agreement with Chapter II of the Act.

CHAPTER IV - LINGUISTIC HERITAGE OF ARAGON

SECTION 1a. GENERAL PROVISIONS

Article 15. - Definition

Linguistic heritage of Aragon consists of all material and non-material elements, activities and equipment related to the history and culture of official languages and their linguistic modalities in Aragon that are subject to linguistic interest.

Article 16. – Scope of Powers

All measures shall be adopted to guarantee language and linguistic modalities protection with special focus on those aiming at promotion of cultural activities and objects connected with linguistic heritage protection.

Article 17. – Zones of Effectiveness

The objects of linguistic heritage may be situated in the co-official zones as well as in the rest of the Autonomous Community territory, in case of non-material valuables and activities even outside this territory.

Article 18. - Attribution

The County institution responsible for cultural heritage shall guarantee Aragon linguistic heritage protection and co-ordinate local corporation actions concerning the matter.

SECTION 2a. PRESERVATION

Article 19. - Valuable materials

Documents, prints, publications and other printed materials are included in the linguistic heritage of Aragon and protected in accordance with the acts on archives, libraries and museums of Aragon or with the Act on Cultural Heritage of Aragon.

Article 20. - Non-material Valuables

Customs, habits, pieces of arts, traditions, etc., create non-material linguistic heritage of Aragon and are preserved by means of research, scientific documentation, complete collections and materials of reference in order to guarantee their transmission to future generations.

SECTION 3a. LANGUAGE PROMOTION

Article 21. - Co-official Zones

Concerning cultural activities and objects especially those concentrated in libraries, video-collections, culture centres, museums, archives, academies, theatres, cinemas, pieces of literature and cinematography, folk culture expressions, festivals, cultural industry within co-official zones of the languages and linguistic modalities Public Administration of Aragon shall:

a) support expressions and initiatives in the languages and their linguistic modalities and be in favour of ensuring access to pieces of work in those languages;

b) support different ways of access to works provided in the Aragon and Catalan languages and their linguistic modalities as well as access to those in Castilian;

c) support interpretation of works provided in other languages in all the languages of Aragon, support and develop translation, interpretation, dubbing and subtitling activities;

d) get the entities responsible for cultural support to ensure in a proper way practical knowledge of the languages and their modalities within culture activities carried out by them or the activities helped by them;

e) show preference for such entities responsible for cultural support that hire personnel dominating Castilian and other languages and modalities of Aragon;

f) show preference for direct participation of the native speakers of the languages and their linguistic modalities within the cultural activities and programmes;

g) support establishment of such entities that would be in charge of collecting, exhibiting and publishing of works done in the languages of Aragon and their modalities.

Article 22. - Non-Predomination Zones of Use

Throughout the rest of the Autonomous Community territory out of co-official zones Public Administration of Aragon will support cultural activities and objects in accordance with the aforementioned Article if the existing interest justifies them to do so.

CHAPTER V - LANGUAGE EDUCATION

Article 23. - Voluntary Principle

Education of the languages of Aragon and their linguistic modalities as well as education in those languages is always based upon voluntary decision of the person and in case of children of his/her parents or tutors.

Article 24. – Preparatory and Elementary Education

Within the co-official zones of the languages and their linguistic modalities, preparatory and elementary education in the languages of Aragon or their linguistic modalities shall be provided to pupils in case of parental or tutors' interest whenever the number of interested parties justifies to do so.

Article 25. - Education

Within the co-official zones of the languages and their linguistic modalities, language and linguistic modalities education is included in school timetable, at preparatory, elementary, secondary and professional schools.

Article 26. - Special Education

At special schools for handicapped pupils the most suitable language is applied taking into consideration each pupil's individual needs, as well as his/her family and social circumstances with the aim to guarantee the best possible.

Article 27. - Adult Education

Within the co-official zones of the languages and their linguistic modalities, adult's education of Aragon languages and their linguistic modalities and a significant part of courses organised for adult's permanent education are held in respective languages.

Article 28. - University Studies

Appropriate measures are taken for incorporating philological studies of the languages and their linguistic modalities as a part of university programmes.

Article 29. - Professorship

1. It is guaranteed to create professorship positions necessary for language and linguistic modalities education.

2. With the aim to contribute to forming professorship in the languages and linguistic modalities and to prepare projects and education materials connected with different pedagogic tasks in the subjects, the Government of Aragon will establish public administration organs with the seats in the co-official zones of Aragon and Catalan.

Article 30. - Non-Predomination Zones

Out of the co-official zones of the languages and their linguistic modalities the Government of Aragon may support and carry out standards of Aragon and Catalan language education if the number of interested justifies such an action.

CHAPTER VI - USE OF LANGUAGES

Article 31. - Administrative procedures within co-official zones

1. The language of procedures carried out either by the Autonomous Community administration or by local entities within the co-official zones is equally Castilian or other official language.

2. Municipal Councils specified in the Article 6 of this Law may apply Castilian or any respective linguistic modality as a language of their procedures.

3. In application of the aforementioned provisions, parties appealing to the public administration organs within Autonomous Community or to the entities having seats in the co-official zones may use Castilian as well as respective language or linguistic modality.

4. Referring to the previous paragraph, the language of procedure is selected by the interested party. In case that language discrepancy occurs among interested parties involved, procedure is carried out in Castilian, documents and testimonies are elaborated in languages selected by the parties.

5. Public Administration shall translate into Castilian documents and files written in the languages and linguistic modalities if they have effect out of co-official zones or if interested party wishes so. If the documents worked out in Catalan have effect within the Autonomous Community territory where Catalan is a co-official language, translation is redundant.

Article 32. - Administrative Procedures within Non-Predomination Zones

Out of co-official zones interested parties may appeal to the Community Administration in any language or linguistic modality of Aragon, though administration procedure is carried out exclusively in Castilian.

Article 33. - Official Publications

1. Directives, resolutions and agreements of the Autonomous Community institutions, as well as House of Aragon decisions may be published in any official languages of Aragon in a separate edition of the "Official Bulletin of Aragon". The consent for publishing is given by the organ or institution ordering publication.

2. The House of Aragon decisions and provincial disputes publication is treated in the same way as other official publications.

Article 34. - The House of Aragon

1. The House of Aragon being a representative body of multilingual towns in Aragon may use any official language of Aragon in course of their internal and external actions.

2. The citizens may appeal to the House of Aragon in any official language or linguistic modality of Aragon.

Article 35. - Justice of Aragon

1. Justice of Aragon exercising its powers shall protect linguistic rights acknowledged by this Act and the enforcement of its provisions within public organs.

2. The Justice of Aragon may issue information and other documents in the languages and linguistic modalities of Aragon.

3. The citizens may appeal to the Justice of Aragon in any official language or linguistic modality of Aragon.

Article 36. - Local Corporations

1. Within the co-official zones of languages and linguistic modalities local corporations may lead their debates in any of the languages including Castilian.

2. Official files and documents of local corporations in co-official zones may be worked out in Castilian or any co-official language or languages.

3. Municipal Council taking the option according to the Article 6 of this Act may elaborate files and other official documents of municipal character either in Castilian, other linguistic modality or both.

Article 37. - Geographical Names

1. Within the co-official zones official geographical names are bilingual - in one of the co-official languages and Castilian.

2. The County body responsible for cultural heritage taking into account the opinion of the Highest Language Council of Aragon shall determine geographical names of the Autonomous Community including official names of territories, town and city parts and inter-city roads.

3. Municipal Council shall determine the names of urban roads.

Article 38. - People's Names

1. The people of Aragon have the right to use correct standard form of their names and surnames in Catalan and Aragon.

2. People interested in getting to know the correct form of their names and surnames in Aragon and Catalan listed in Civil Register shall be provided a written statement of the matter appealing to the person in charge with documents proving linguistic correction.

3. The Highest Council of Languages in Aragon shall determine correct forms of names and surnames in Aragon and Catalan and the Government of Aragon responsible for cultural heritage shall submit documents for linguistic corrections.

Article 39. – Civil Servants

Concerning civil servants of the Autonomous Community and representatives of local corporations especially within co-official zones of languages and linguistic minorities:

a) official language education is supported;

b) exams and tenders are used as a method of supervising language domination;

c) language domination may be required in a form of an order.

Article 40. - Public and Social Services

1. The administration offering public services within the co-official zones shall guarantee to maintain the service in the language required by the client.

2. Concerning private social services, such as hospitals, children and elderly homes etc. located in the co-official zones public organs will encourage them to use the language chosen by the client.

Article 41. – Mass Media

The Department responsible for cultural heritage shall adopt measures supporting TV and broadcasting creation and programmes, papers and article publication in co-official languages throughout the co-official zones.

First Transitory Directive - Election and Re-election of the Highest Council of Languages in Aragon Membership

1. Nine members of the Highest Council of Languages in Aragon are appointed for the period of fifteen years and they can be re-elected. Three of them are proposed by the House of Aragon by qualified majority voting, three of them by the Government of Aragon Department responsible for cultural heritage and the rest by the University of Zaragoza.

2. Every five years since the previous designation the Highest Council proceeds re-election of the third of the members.

3. Vacancies occurring in the transition period are covered by the Highest Council being included within the next third election. They are selected in secret ballot of that third of the members which needs to be completed.

Second Transitory Directive - Linguistic Standards

1. In the course of one year since this Act is put into effect the Highest Council of Languages in Aragon shall determine and work out standards and rules of Aragon and Catalan as well as of local linguistic modalities.

Third Transitory Directive - Gradual Application of the Act

1. Implementation of Aragon and Catalan languages as well as of local linguistic modalities within the Autonomous Community administration and local administration, their entities and institutions in terms of this Act, shall not be put to practice later than 3 years ahead.

2. Education of Aragon and Catalan as well as of local linguistic modalities in terms of this Act shall not be implemented later than 3 years ahead.

Fourth Transitory Directive - Local Varieties and Modalities Option

Municipal Council declaration of zones with predominating language or local linguistic modality according to the Article 6 of this Act shall take place in course of maximum one year since this Act is put into effect.

Derogatory Directive

Final second directive of the Act 3/1999 of 10th March on Cultural Heritage of Aragon is derogated.

First Final Directive - The Government of Aragon Powers

The Government of Aragon is entitled to issue any directives necessary for implementation and application of this Act.

Second Final Directive - Effectiveness Date

The Date of Effectiveness of this Act is three months since its publication in the Official Bulletin of Aragon.

ANNEX I

List of municipalities that are entitled to declare zones of use of predominating language or linguistic modality or zones of use of predominating standard Aragon.

Provincia de Huesca: Abiego, Abizanda, Adahuesca, Agüero, Aínsa-Sobrarbe, Aísa, Albero Alto, Albero Bajo, Alberuela de Tubo, Alcalá del Obispo, Alerre, Almudévar de Cinca, Almunia de San Juan, Alquézar, Angüés, Ansó, Antillón, Barbastro, Barbués, Barbuñales, Bárcabo, Benasque, Berbegal, Bierge, Biescas, Bisaurri, Biscarrués, Blecua-Torres, Boltaña, Borau, Broto, Caldearenas, Campo, Canal de Berdún, Canfranc, Capella, Casbas de Huesca, Castejón de Sos, Castejón del Puente, Castiello de Jaca, Castillazuelo, Colungo, Chía, Chimillas, Estada, Estadilla, Fago, Fanlo, Fiscal, Fonz, Foradada de Toscar, La Fueva, Gistaín, El Grado, Graus, Hoz de Jaca, Hoz y Costeán, Huerto, Huesca, Ibieca, Igriés, Ilche, Jaca, Jasa, La Sotonera, Labuerda, Laluenga, La Perdiguera, Lascellas-Ponzano, Laspuña, Loarre, Loporzano, Loscorrales, Lupiñén-Ortilla, Monflorite-Lascasas, Monzón, Naval, Novales, Nueno, Olvena, Palo, Panticosa, Peñas de Riglos, Peraltilla, Perarrúa, Pertusa, Piracés, Plan, Pozán de Vero, La Puebla de Castro, Puente la Reina, Puértolas, El Pueyo de Araguás, Quicena, Robras, Sabiñánigo, Sahún, Salas Atlas, Salas Bajas, Salillas, Sallent de Gállego, San Juan de Plan, Sangarrén, Santa Cilia, Santa Cruz de la Seróz, Santa Liestra, San Quílez, Santa María de Dulcis, Secastilla, Seira, Senés de Alcubierre, Sesa, Sesué, Siétamo, Tardienta, Tella-Sin, Tierz, Torla, Torralba de Aragón, Torres de Alcanadre, Torres de Barbués, Valle de Bardají, Valle de Lierp, Vicién, Villanova, Villanúa, Yebra de Basa, y Yésero.

Provincia de Zaragoza: Ardisa, Bagüés, Biel-Fuencalderas, El Frago, Longás, Mianos, Murillo de Gállego, y Santa Eulalia de Gállego.

ANNEX II

List of municipalities that are entitled to declare zones of use of predominating language or linguistic modality or zones of use of predominating standard Catalan.

Provincia de Huesca: Albelda, Alcampell, Altorricón, Arén, Azanuy-Alins, Baells, Baldellou, Benabarre, Bonansa, Camporrels, Castigaleu, Castillonroy, Estopián del Castillo, Fraga, Isábena, Lascuarre, Laspaúles, Monesma y Cajigar, Montanuy, Peralta de Calasanz, Puente de Montañana, San Esteban de Litera, Sopeira, Tamarite de Litera, Tolva, Torre la Ribera, Torrente de Cinca, Velilla de Cinca, Vencillón, Veracruz, Viacamp y Litera, y Zaidín.

Provincia de Teruel: Aguaviva de Bergantes, Arens de Lledó, Beceite, Belmonte de San José, Calaceite, La Cañada de Verich, Cerollera, La Codoñera, Cretas, Fórnoles, La Fresneda, Fuentespalda, La Ginebrosa, Lledó, Mazaleón, Monroyo, Peñarroya de Tastavins, La Portellada, Ráfales, Torres de Arcas, Torre del Compte, Torrevelilla, Valderrobres, Valdetormo, y Valjunquera.

Provincia de Zaragoza: Fabara, Fayón, Maella, Mequinenza, y Nonaspe.

Note: We acknowledge with thanks data from the Mercator-Legislation, CIEMEN.

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