Analysis of the Organic Law of Reintegration and Enhancement of the Foral Regime of Navarra
1) Power: Primary Nature: Political-Legal, Public
The text of the Enhancement Law was approved by the Spanish Government, the Provincial Government, the Parliament of Navarra, and the Cortes of Spain. The final text was promulgated on August 10, 1982, when Spain was organizing the various statutes of autonomy arising from the Constitution of 1978. This paper introduces a series of articles of this Organic Act.
- Article 19 defines Navarra.
- Article 39 sets the objectives of the Act.
- Article 69 states that the rights and duties of the Navarrese are equal to the rest of the Spanish.
- Article 99 speaks of the official languages.
- Article 109 names the provincial institutions.
- Article 119 addresses the power of Parliament and Provincial Economic Convention.
It should be noted that the text does not appear to analyze the Preamble to the Organic Law of Reintegration and Improvement of the Provincial System in explaining the historical roots of the Jurisdictions of Navarra.
2) Historical Context
As a result of the Spanish Constitution, approved by referendum on December 6, 1978, Navarra was made urgently aware of the need to adopt a historical self-rule within the new democratic circumstances. The Constitution recognized the right to autonomy of the regions that so desired, by establishing procedures for accessing it. In addition, it also recognized the historical rights of the provincial territory, including Navarre.
The 4th Temporary Provision provided for the possibility that Navarre could join the Basque Autonomous Community. The initiative to enter the BAC was left to the Parliament of Navarra and the results of a referendum. Most Navarrese political representatives were in favor of remaining as a separate autonomous community.
Negotiations began between the Government of Navarra and the Government of the UCD. They negotiated the content of a Royal Decree democratizing the institutions of Navarra, promulgated on January 26, 1979, which established a Provincial Parliament elected by universal suffrage.
On April 3, 1979, the first provincial elections were held in which voters elected the seven members of the Provincial Council and 70 parliamentarians. These were the democratic organs of the Transition, called to set up and agree on the new legal framework for the self-government of Navarra. Note that the UCD split, leading to the creation of the new party, Unión del Pueblo Navarro (UPN), founded by Jesús Aizpún and opposed to integration into the BAC.
In these first elections, the CDU won 20 seats in parliament, the PSOE 15, UPN 13, and the Nationalists 20. On July 1, the Provincial Parliament approved the Basis of Improvement and Reintegration, and on November 13 of that year did the same with the Terms of Institutionalization. These bases served as an important starting point for negotiation with the state.
In December 1980, Navarra and the state formed their negotiating committees, which were dedicated in the following months to the task of configuring the content of the agreement that would establish the defining characteristics of Navarra’s self-government and the functioning of its institutions under democratic principles.
Following the signing of the agreement, the institutions of Navarra and the State proceeded to its approval: the Provincial Council, the Provincial Parliament, the Council of Ministers, and the Parliament. Thus, the LORAFNA entered into force on August 16, coinciding with the 141st anniversary of the 1841 Act of Pacts.
The new law did away with the leading role of the Navarrese merindades (districts) to establish that Navarra formed a single constituency and therefore had strictly proportional representation. The Provincial Council would be formed as usual in parliamentary regimes: the party that obtained enough votes in Parliament, even by a simple majority, would form it.
Navarra’s Historical Regime
Navarra’s regime has remained consistent throughout history. Upon joining Castile in 1515, the courts of Navarre settled in Burgos and the institutions preserved their privileges, with the Castilian kings promising to respect and “improve” them.
With Philip V and after the War of Succession, despite the Decrees of Nueva Planta for the Crown of Aragon (early 18th century), Navarra, due to its support against the claim of Archduke Charles, continued to retain its charter.
At the end of the Carlist War in 1839, and bearing in mind that Navarre had largely supported the pretender Don Carlos, the Modification Act or Act of Pacts of 1841 was passed, which changed Navarra from a kingdom to a province while retaining its tax system based on the economic agreement.
During the Franco regime, Navarra also retained its rights due to its assistance to the Nationalist side in the war.
3) Result
Throughout its years of operation, the Organic Law of Reintegration and Enhancement of the Foral Regime of Navarra has proven to be a magnificent legal instrument. All of its content has been properly implemented and its forecasts developed through numerous laws and decrees. The Enhancement has enabled significant development of the Regional Community.