Basque Autonomy Statute & Spain’s Organic Law: A Comparative Analysis
Organic Law of the State
1. Introduction
The Organic Law of the State, authored by Franco, aimed to establish basic laws for Spain. Promulgated in 1967 during a period of relative openness, the law sought to institutionalize the Spanish regime and project an image of democracy. However, this was superficial and served primarily to maintain appearances.
2. Context
The Organic Law was enacted during the firmly established Franco dictatorship. Following the Spanish Civil War (1936-1939), the country was devastated economically, politically, socially, and culturally. Society remained divided between supporters and opponents of the regime. Initially, Franco adopted a policy of isolationism, breaking ties with the outside world to project self-sufficiency. Later, the regime sought acceptance into international institutions like the EEC. The Organic Law was part of this effort to portray Spain as a democratic country.
3. Text Analysis
The Organic Law defined Spain as a monarchy, with Franco intending to restore the monarchy under Prince Juan Carlos upon his death. Sovereignty was declared national, despite the absence of democratic institutions. Referendums, when held, were manipulated. Spain’s anti-communist stance proved beneficial, allowing the US to establish military bases in exchange for inclusion in international forums like the United Nations. The regime maintained a centralized government, with no allowance for autonomous regions. Only regime supporters could hold public office.
4. Conclusion
The Organic Law aimed to project a democratic image for international acceptance. It also marked the delegation of some powers to the Head of Government, Carrero Blanco, to ensure the dictatorship’s continuity after Franco’s death. However, the law’s democratic facade was unconvincing, and Spain remained excluded from international institutions. By the time of its enactment, opposition to the regime had begun to grow, encompassing workers, students, the Church, and political parties in exile, including the Basque separatist group ETA.
Basque Autonomy Statute
Introduction
The Euskal Herriko Autonomia Estatutua (Basque Autonomy Statute) comprises the main articles of the Basque Statute. Ratified by King Juan Carlos I and Adolfo Suárez’s government, it was approved on December 18, 1979, under the 1979 Constitution, which permitted the existence of autonomous regions. This legal document, similar to a constitution, was published in the name of the government, though authored by the Basque Government (EAJ-PNV).
Context
The Basque Statute was approved during Spain’s transition to democracy following Franco’s death in 1975. Adolfo Suárez played a crucial role, implementing reforms and holding a referendum to gauge public support for democracy. The UCD, led by Suárez, won the subsequent elections, while the EAJ-PNV secured a majority in the Basque Country. Suárez’s government drafted the 1979 Constitution, which provided the framework for autonomous entities based on historical, economic, or geographical factors.
Statute Analysis
The Basque Statute drew inspiration from the 1936 Statute of Gernika and addressed six key points:
- While allowing autonomy, the 1979 Constitution prohibited independence.
- The Statute applied to Gipuzkoa, Bizkaia, and Araba.
- Navarre could join the Basque Country if it chose to.
- Provincial institutions (Deputations) would manage economic matters.
- Basque and Spanish were recognized as co-official languages.
- The Basque Country would have powers over public order (through the Basque Police – Ertzainak) and legislation, with further power transfers envisioned.
Conclusion
With the ratification of the king and central government, the 1979 Basque Statute came into effect and remains in force today. Subsequent transfers granted the Basque Government control over education, healthcare, and tax collection. While the moderate nationalist EAJ-PNV led the Basque Country during this period, more radical parties considered the statute insufficient.