Date of publication: 09/27/2024
Draft Royal Decree establishing and regulating the Council of Official Languages and the Office for Official Languages
Deadline: until 11/10/2024
In accordance with the provisions of article 133 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations and article 26.2 of 50/1997, of 27 November, of the Government, the present consultation aims to obtain the opinion of the people potentially affected by the future rule and of the most representative organizations, on the following aspects:
The Spanish Constitution establishes the official character of the languages of the autonomous communities that declare it in their respective statutes of autonomy. These languages are official in their respective territories, along with Spanish, which is official throughout the State. The co-functionality of these languages will therefore be binding on all public authorities in the territory, including the General Administration of the State.
Article 15 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, recognizes that citizens can exercise their linguistic rights in their relations with public administrations in the different co-official languages, in the respective territories with co-official language.
Likewise, the actions of the public authorities must be adapted to the obligations assumed by Spain in the international treaties on this matter, particularly in the European Charter for Regional and Minority Languages of the Council of Europe.
This royal decree replaces and repeals the Royal Decree 905/2007, of 6 July, establishing the Council of Official Languages in the General State Administration and the Office for Official Languages, a rule that until now regulated this body, proceeding to create the Council of Official Languages and regulate the Office for Official Languages.
First, it modifies the composition and part of the functioning of the current Council of Official Languages in the General Administration of the State, to solve various problems detected during its operation. To this end, and in compliance with the agreement adopted by this same Council, representatives of the autonomous communities with official languages are included as full members, with voice and vote. Specifically, these are the Autonomous Communities of the Basque Country, Catalonia, Galicia, the Autonomous Community of Navarre, the Valencian Community and the Balearic Islands.
They are also included in the composition of this body as full members of bodies and institutions with special relevance in the field of languages.
Secondly, the Office for Official Languages, attached to the Ministry of Territorial Policy and Democratic Memory, is regulated for the study, promotion, advice, planning and verification of the use of official languages in the General Administration of the State and its related or dependent public bodies and entities.
Compliance with the Agreement adopted by the Council of Official Languages in the General Administration of the State on September 26, 2022.
With the approval of this royal decree, the General Administration of the State gives a new impetus to the activity of the Council to ensure that citizens can exercise their linguistic rights in the different co-official languages, particularly in their relations with the administration.
The Office for Official Languages will also provide advice to the Council and acts as a linguistic policy liaison between the General Administration of the State and the competent bodies of the Autonomous Communities.
Modify the composition of the current Council of Official Languages in the General Administration of the State and expand its functions, creating a new Participation Body - the Council of Official Languages - and regulate the Office for Official Languages.
It has been assessed that there is no alternative that is more suitable than the one chosen. In this sense, the repeal of Royal Decree 905/2007, of 6 July, creating the Council of Official Languages in the General Administration of the State and the Office for Official Languages, has to be carried out through the approval of a new Royal Decree that defines and regulates this participation body and the Office for Official Languages, at the proposal of the holders of the competent Ministries.
Based on the above considerations, a period of prior public consultation on the possible content of the planned royal decree is opened.
Term of consultation: 15 calendar days. It ends on October 11, 2024.
Email address to address comments: oficina.lenguas@correo.gob.es