History of Basque Autonomy Statute and Its Impact on Spain
Classified in Law & Jurisprudence
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This text is composed with articles of the Basque autonomy statute (1979) elaborated by Basque representatives and approved by the Central government and ratified by the king. It is a first level text and Suarez signs the ratification document.
After the Civil War 40 years of Francoism started and when the General died, when Franco died Juan Carlos prince became the new king. He maintained as head of the government Arias Navarro, already appointed by Franco. The king was the person who appeared in favor of the breaking up. He had two possible ways to govern: to continue with Francoism or to break up with it. As the king wanted democracy, Arias Navarro decided to end up with Francoism. The role of the king was very important. He asked Arias Navarro to introduce changes without causing revolts among those in favor of the dictatorship. Arias Navarro resigned and the king replaced him with Adolfo Suarez. There were also new collaborators who were essential, such as, Gutierrez Mellado, who was in charge of the army. Suarez declared the law of Political Reform and a Referendum took place in which decisions were approved by the majority. General elections were held (all the parties were legalized, but for the PCE that was left for later but this didn't impede that they took part in the elections) to choose members of the new Government. The UCD (Suarez's party) won and in the Basque Country the PNV. Suarez also wrote a Constitution with representatives of all parties that obtain an important share of the vote: UCD, PSOE, PCE, AP and a representative of the regionalists (even nationalist). The essential points were that Spain should be a state with freedoms, a Constitutional monarchy with separates powers and with the possibility for autonomies. The ones having historical reasons could apply for the autonomy (Catalonia and the Basque Country) and also the ones sharing economic interests.
Basque Country, assumed the possibility offered by the constitution, started negotiating their statute. The PNV was the main party of the moment in the Basque Country and consequently the main negotiator of the statute. The legislative power belonged to Eusko Legebiltzarra and the executive to Eusko Jaurlaritza, where there are the Lehendakari and his 'sailburuak' (similar to ministers).
Spain was an autonomous regime but that did not mean that those territories were independent. Alava, Biscay and Gipuzcoa compound the Basque Autonomous Community. Navarre was not part of the Basque Country because of their own decision but the constitutions left the doors open to them. Provincial institutions (Diputaciones) were put into work again and Juntas were maintained. Moreover, the Basque Country was a bilingual territory, Basque language was made official. In order to maintain public order, Ertzaintza was created as a first transference; others would come after negotiation.
In conclusion, the statute that came into force is the one continuing, nowadays. Powers were given to the Basque Government such as Education, Health Service and Tax collection. At that moment, the party leading the period was the PNV, and it has been that the majority of the time. There were different positions of Basques parties in front of the constitution. Moreover, the approval opened the opportunity for the draft of the Statute, that is aimed after the village of Guernica.