The Basque Statute of 1936: A Short-Lived Autonomy

The new statute, known as the “Elgueta Statute” because it was settled in Elgueta, was shorter than the initial draft. The statute's implementation was limited to the area of the Basque Country under the control of the Republic and the Basque people: Biscay, the very west part of Gipuzkoa, and a small part of northern Alaba. It could not be implemented in the rest of the territory, despite being the official law, because it was under the control of the upraised military.

Basis in the 1931 Constitution

The statute emphasized its basis in the 1931 Constitution. This implied that the statute could not contradict the constitution. For example, there was no reference to Catholicism as the official religion, and all citizens were equal before the law, without segregation of foreigners. The statute defined the area of implementation as Araba, Gipuzkoa, and Biscay (Navarre was not included because they decided not to participate), although the war situation prevented implementation in the whole territory. There was also a reference to the officiality of the Basque language.

Legislative and Executive Powers

The Basque government had two main powers: legislative and executive, as mentioned in Article 10. The legislative power resided in the “Eusko Lege Biltzarra,” the parliament, with members elected by universal suffrage (including women). The executive power belonged to the Eusko Jaurlaritza, with the Lehendakari (the representative of Basque institutions and the contact with the central government) elected by the council members. The defense of the country referred to public order (the police), and one of the first things transferred officially was the creation of the Basque police (the Ertzaintza). In case of discrepancies between laws, the central law always prevailed. Due to the chaos within the central government, the Basque government assumed more competencies than it would have had in a normal situation.

A Short-Lived Statute

The statute was only in effect until October 1937, when the rest of the Basque Country fell into the hands of the military, and the Basque government had to flee. This statute served as the basis for the one we have today.