The Basque Statute of Autonomy of 1979

The Statute of Autonomy of the Basque Country (1979)

Type

Primary source

Legal Status

Law

Content

Political text

Author

Collective (representatives of the pre-autonomous Basque General Council)

Status

Drafted by PNV, PSOE, and others + approved by Corts + sanctioned by King (Juan Carlos I) + signed by President of Government (Adolfo Suárez)

Addressee

Law → all citizens of EH →public text

Objective

Be one of the fundamental laws of EH, culminating the process that Basque people desire = self-government as enshrined in Spanish Constitution of 1978 + on the basis of 36 statutes abrogated during Fascism.

Location and Date

Royal Palace, Madrid, 18 December 1979

Context

In the period of the Spanish Transition, after Franco's death in 1975, that was a period of creation of a democratic regime. Introduction Statute of Autonomy of 1979

Central theme appears in the title: Statute of Autonomy of the Basque Country. The 1978 Constitution organizes Spain into Autonomous Communities. Based on this → Community of Euskadi/EH was erected.

Article 1

Indicates that the Basque people recognize the existence of different peoples within Spain. Because of its content, this article seems fundamental in order to understand the problems that will arise later, since it includes several things without a clear meaning: "Basque people", "Euskal Herria", "Basque Country", "nationality"... Perhaps the rush for its approval is at the bottom of all these indefinites.

Article 2

Refers to territories that have the right to form part of the Basque Autonomous Community: Araba, Gipuzkoa, Bizkaia + Navarre (if they wanted: Referendum + approved in Cortes) → this provoked anger of people of Navarre.

Article 3

Each territory may preserve or modify its own institutions: Juntas Generales + Diputaciones/Make their permanence possible.

Article 6

Treatment of Euskera is similar to the first statute/Is considered official language + inhabitants of Euskadi have the right to know + use both languages. The reason is stated: "it's the language of the Basque people".

Article 17.1

Authorizes Basque Government to set up the Autonomous Police, clearly indicating its competences, reduced to the autonomous territory itself.

Additional Provision

Reflects a nationalist longing, difficult to interpret. It refers to non-renouncement of "historical rights, that may correspond to it". Formula = extremely vague → satisfies everyone but doesn't imply anything concrete. Content

Precedents

Basque Statute was approved during Transition (1975-1982), after the establishment of democracy, that happened because of the collapse of Franco's regime when he died in 1975. Adolfo Suárez = key figure of this period. He brought the needed changes to transform Spain into a democratic country, even if he had to control those who thought that was necessary to continue with a dictatorial regime. Among these changes, Suárez made a Political Reform Law (1976) + a referendum. It was clear that a democracy, fiscal amnesty law, freedom of expression, strike... = desired → free referendum was held (not manipulated, as Franco's) → call general elections in 1977, 1st democratic since 2nd Republic, to fully establish democracy in Spain + achieve a fully democratic parliament. Victory of UCD (coalition recently created by Suárez - liberals, social democrats, Christian Democrats, ex-Francoists..) with Suárez as leader of the party. PSOE also obtained good results. Right wing Fraga's party + Communist Party also obtain good results. In EH, PNV obtained an overwhelming majority. With the victory of UCD, Suárez began to draw a new Constitution, which was a framework that allowed the existence of autonomous entities (1978 Constitution), which recognized the drafting of autonomy statutes. Autonomies can be created for 3 reasons:

1. Historical (as in Catalonia + EH, like Fueros)
2. Geographical (for example, islands)
3. Linguistic

Present

After the 1977 elections, Assembly of Basque parliamentarians was formed in Gernika. UCD created the Basque General Council as pre-autonomous institution, that could be joined by deputies elected in Gipuzkoa, Bizkaia, Araba + Navarre. Aim = to negotiate competences of the pre-autonomous government, that only gave it a symbolic character, in comparison with Basque people's desire for self-government. At the end of 1978, Basque General Council elaborated the draft statute, specifically by PNV, PSOE + others. Most = in favor of the statute. AP = against, HB = abstention. 1979 = approved. After approving them in Cortes, received approval of citizens in referendum. Structure = quite similar to the one during civil war. Euskadi would become a nationality, composed of an autonomous community within the Spanish state. A series of discussions arose: Possibility of Navarre joining the autonomous community, public order + rights regarding education, autonomous Treasury, or rights established through the Economic Agreement.

Consequences

Thus, EH would become an autonomous community, separate from Navarre. However, the referendum only polarized political positions + high percentage of rejection of the referendum indicated the profound division + pluralism of Basque society. Acceptance of the Statute meant creation of autonomous Basque institutions, such as the Basque Government. In the 1st elections, after the approval of the statute (March 1980), PNV won + Carlos Garaikoetxea = appointed Lehendakari. At the same time, Juntas Generales of the historical territories + economic agreements of Bizkaia + Gipuzkoa (eliminated during Franco's regime) = reinstated. Context

The nationalist demand for a Statute first took shape in 1936 with the Popular Front + beginning of Civil War. But Franco's victory repealed it. With Franco's death + in the Transition, the Spanish Constitution was approved. The concept of Spain as a State of Autonomies made possible to draft + approve the Basque Statute in 1979. Once ratified by the King + Spanish government, the Basque Statute of 1979 came into force + is the current rule. The transfers reflected in it were made little by little, such as: faculties in Education, Health service + the collection of taxes (that are now the quotas of the Basque Government) + others are still pending. When the Basque Statute was made PNV = 1st party in EH. Other parties (radical nationalist like HB) thought that the statute wasn't enough. Conclusion