Régimen jurídico de las lenguas y reconocimiento de la diversidad lingüística en el Tratado por el que se establece una Constitución para Europa

The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not circumscribed to the «State languages». The existence of multilingualism is one of Europe’s defining characteristics and it should remain so in the constantly evolving model of Europe’s political structure. Nonetheless, until now, the official use of languages has been limited to the «State languages» and has been based on a concept of state monolingualism that has led to a first level of hierarchization among the languages of Europe. This has affected the very concept of European language diversity. The draft of the treaty establishing a European Constitution contains various language-related references that can be grouped in two major categories: on the one hand, those references having to do the constitutional status of languages, and on the other, those regarding the recognition of European language diversity. Both issues are dealt with in this article. In analyzing the legal regime governing languages set forth in the draft of the constitutional treaty, we note that the draft is not based on the concept of the official status of languages. The language regulation contained in the draft of the constitutional treaty is limited in character. The constitutional language regime is based on the concept of Constitutional languages but the official status of languages is not governed by this rule. The European Constitution merely enunciates rights governing language use for European citizens vis-à-vis the languages of the Constitution and refers the regulation of the official status of languages to the Council, which is empowered to set and modify that status by unanimous decision. Because of its broad scope, this constitutes a regulatory reservation. In the final phase of the negotiation process a second level of constitutional recognition of languages would be introduced, linked to those that are official languages in the member states (Catalan, Basque, Galician, etc.). These languages, however, would be excluded from the right to petition; they would constitute a tertium genus, an intermediate category between the lan guages benefiting from the language rights recognized under the Constitution and those other languages for which no status is recognized in the European institutional context. The legal functionality of this second, intermediate category will depend on the development of standards, i.e., it will depend on the entrée provided such languages in future reforms of the institutional language regime. In a later section, the article reflects on European Union language policy with regard to regional or minority languages, concluding that the Union has not acted in accordance with defined language policy guidelines when it has been confronted, in the exercise of its powers, with regional or minority languages (or domestic legislation having to do with language demands). The Court of Justice has endeavoured to resolve on a case by case basis the conflicts raised between community freedoms and the normative measures that protect languages. Thus, using case law, the Court has set certain language boundaries for community freedoms. The article concludes by reflecting on the legal scope of the recognition of European language diversity referred to in Article II-82 of the European Constitution and the possible measures to implement the precept that might constitute the definition of a true European language policy on regional or minority languages. Such a policy has yet to be defined.

Apuntes jurídicos sobre el paisaje lingüístico en Euskal Herria

This paper is a study of place-names and signs in the Basque Country from the point of view of language law. These are matters that relate to both the status and corpus of language and contribute to the formation of the language landscape,» After a brief historical introduction, the author focuses on the factors that bear on signs and the language 1andscape: the cornpetence factor and the language factor. The description of the latter leads the author to a discussion of the existing language system, in which the Spanish and Basque sharing official status does not necessarily entail the obligation to use both languages at the same time. Using this discussion as a frame of reference, the au- thor analyses place-names, traffic signals and signs. As for place-names, the existing rules are deemed rigid and lacking in ambition, in that they do not pursue the dissemination of official Basque forms. In traffic signaIs, Basque has to appear alongside Spanish, which is required by Spanish legislation, although this bilingualism excludes place-names that have an official Basque form only. With regard to signs, the author analyses public premises, companies licensed to provide public services and the private sector. For public premises there is no specific regulation, but the status of Basque as an autochthonous language, together with the identification and informatíon purposes of signs, could support the exclusive use of this language, According to the author , companies licensed to provide public services should observe the same language system as the goverment and therefore promote the use of Basque. Finally, in the private sector, the author upholds the legitimacy of measures to promote Basque language use such as tax allowances and exemptions in advertising and commercial signs.

Seasonal cycles of phytoplankton in relation to the hydrography of Monterey Bay

Annual cycles of relative abundance are described for phytoplankton species collected from Monterey Bay, California, from July 1974 to June 1976, and the population dynamics related to the annual hydrographic cycle. Neritic diatom species dominated the population during the Upwelling and Oceanic periods, with dinoflagellate species becoming numerically more important during the Davidson period. Recurrent species groups identified using Fager's regroup analysis revealed the presence of a large neritic group of overwhelming numerical importance. This group is composed of indigenous species and is present in the bay during most of the year. Conspicuous changes in the phytoplankton population occurred predominantly among species within this group. During the Davidson period, the advection of southern waters into the bay may temporarily displace the endemic species with dinoflagellates becoming numerically more important. A red tide bloom of Gonyaulax polyedra occurred during this period in 1974, which dominated the phytoplankton population for a period of six weeks. The population dynamics of two hydrographically different stations were compared. A station located over the deep waters of the submarine canyon exhibited much lower phytoplankton standing stocks than a station located over the shelf area in the south of the bay, but seasonal changes in relative abundance and species composition were similar. Physical and chemical differences observed between the two stations appear to be the result of the presence of more recently upwelled water in the canyon area, and higher biological utilization in the south of the bay. A close correlation of species diversity with the depth of the mixed layer was observed, with diversity rising with the shoaling of the thermocline. It is suggested that this may reflect the introduction of new species from below the thermocline into the mixed layer as a result of upwelling activity. It is also suggested that this may be an artifact due to sampling problems associated with internal waves. (Document contains 100 pages.)

Crònica legislativa del País Basc. Segon semestre de 2014. Dos sentencias y un Auto sobre el uso del euskera en las entidades locales vascas ¿no cabe que las administraciones se relacionen en euskera?

Crónica jurisprudencial y legislativa correspondiente al segundo semestre de 2014 en materia de lengua y derecho.