Basque Foral Laws: A History of Shared Sovereignty

The Foral Regime in the Basque Country

The foral regime, a distinctive political and juridical feature of the Basque Country, spanned from the Middle Ages to the Contemporary era. It recognized separate laws, taxation, and courts in each province: the Lordship of Biscay, the Province of Gipuzkoa, and the Hermandad of Araba. Despite their distinct legal systems, these provinces shared many similarities.

The foral regime established a system of shared sovereignty between the King and local authorities. The relationship between the foruak (Basque foral laws), other bodies of law, and sovereignty remains a complex issue to this day. The Basque provinces viewed their foruak as akin to a constitution, guaranteeing their traditional rights. Conversely, the monarchy often considered foruak as privileges granted by the crown.

The Decline of Foral Laws in Spain

During the Middle Ages, many territories in the Iberian Peninsula possessed their own laws. However, as the Spanish monarchy consolidated power, these privileges were gradually abolished, first in Castile and later in Aragon.

The Foral Issue in the 19th Century

In the early 19th century, the issue of the Basque foruak became a central point of contention. The foruak clashed with the centralizing policies of the Bourbons and the emerging ideology of liberalism.

Rights Granted by the Foral Regime

The foral regime granted Basque citizens the following rights:

• Shared Sovereignty: The monarch's power was balanced with that of the Basque regions, granting them significant autonomy. While the monarch held legislative power, he could not use it to revoke these rights.
• Foral Pass: This law declared invalid any royal order that infringed upon the foruak.
• Representative Political System: The Basque territories maintained a representative political system.
• Fixed Taxation: The Basque provinces paid fixed taxes. The king could not arbitrarily demand money; it had to be agreed upon with local authorities. However, the monarch could request gifts, which could not be refused.
• Exemption from Military Service: Citizens of Araba, Gipuzkoa, and Biscay were only obligated to serve in the military if the war took place within their territories.
• Prohibition of Coastal Customs: To prevent price increases on essential goods, taxes on coastal trade were removed.
• Universal Nobility: Every Biscayne, Gipuzkoan, and Northern Navarrese was considered noble (hidalgo) by birth, although this nobility had to be formally recognized.