Basque Autonomy Statute of 1979: Origins, Key Articles and Powers

Basque Autonomy Statute

The Basque Autonomy Statute was issued during the transition period, after the 1978 Spanish Constitution had been approved. This Statute replaced the one in force for nine months in Biscay during the Spanish Civil War.

The claim for self-government was especially intense in Catalonia and the Basque Country, and the drafting of the Catalan and Basque statutes started in November 1978.

The Assembly of Deputies (Basque deputies in the Cortes) had elected the Basque General Council, and this entity drafted, discussed and approved the statute and handed it over to the Cortes, hours earlier than the Catalan one.

It was approved by the Cortes in June 1979 after negotiations carried out between the Spanish government and Carlos Garaikoetxea, leader of the PNV and head of the Basque Council since the 1979 elections gave the PNV the majority. It was rejected by Herri Batasuna, the left-nationalist coalition party, because the statute did not recognize Basque original sovereignty and because it did not include Navarre.

What Autonomy Statutes Define

Autonomy statutes define the territory, boundaries, name, capital, official languages and flag of the autonomous community, as well as its institutions and competences. The Constitution made a difference between regions that had drafted an autonomy statute during the Second Republic and the rest of the regions.

Controversial Issues

In the General Statute of Autonomy, the preliminary title includes many controversial issues, and the final draft is the result of a compromise between Basque political forces during the transition and the governing UCD, who negotiated the final version with Carlos Garaikoetxea. There were several controversial articles:

• Nationality: The term "nation" was not accepted and was substituted by "nationality."
• Navarre: The second additional provision states the right of Navarre to join the Basque autonomous community if the Navarrese people accept it. In the process of forming the autonomous communities, the deputies from Navarre refused to include Navarre in the Basque autonomous community. They did not draft a statute, as they considered they already had a high degree of self-government with the Ley de Amejoramiento del Fuero, which was not even subject to referendum. However, due to this transitional provision, Navarre can join the Basque autonomous region if its people want to.
• Territoriality: Article 3 refers to the right of the historical territories of Araba, Gipuzkoa and Bizkaia to decide on their own institutions. Due to this article, each province has its own Juntas Generales and Diputaciones, which are very powerful as they collect the taxes and decide where this money is spent.
• Language: Article 6 deals with the official languages in the Basque Community. Basque will be the Basque Country's language, and Basque and Castilian will be the official languages. However, as Basque is also spoken in Navarre and Southern France, the statute allows the Basque community to sign agreements with those territories.

The Economic Agreement

A peculiar feature is the Concierto Económico. The Basque Country and Navarre are the only autonomous communities with this economic agreement with the Spanish State. It lets the diputaciones collect, control and use taxes as they want. In exchange, they have to pay every year to the State the cupo. Every ten years, the amount of money is negotiated between the Basque government and the Spanish State.

Institutions and Powers

According to this Statute, the Basque Country has legislative power, which lies in the Parliament of Vitoria. This Parliament is composed of 25 representatives from each historical territory (Araba, Gipuzkoa, Bizkaia). The deputies are elected for four years and they elect the lehendakari, who chooses his consejeros (executive power).

Apart from that, each province has its own institutions: the Juntas Generales and the Diputaciones.

Political Debate

Constitutional parties (PSOE, PP) consider the Basque Country to have a high degree of self-government, whereas nationalist parties want the statute to be reformed to let Basque people decide the future of the Basque Country with or without Spain.