Statute of Autonomy 36
Type:Prim so/Asa rgards form→law→legal txt/Content→poli txt//Authr:Junta formd by Parliamnt(I.Prieto=president+J.A.Aguirre=secretary)+confirmd by Corts//Addressd: Inhabitants of the Bsq territories (especially the nationalists)→public//Objectiv:Establish a new legl framework fr th new autonomy composed by Arab,Bizka+Gipuz//Loca+Date: Approvd in Valen”1/”+publishd in Gazeta f Ma”7/”during time f 2Repu+1st months f Civil War,in Popu Front Governmnt(Largo caballero=presi) Intro Statute f Autonomy 36
dividd-3 sections:introducti,articls+transitory provision//In the intro,th authors f text “Th Congress f Deputies“are presentd//Articles divided into 3(each A develops 1 ide)/A.1: xplained that Bizka,Gipuz+Arab form an autono within th Spanosh state,respecting th right f th Consti 1931/Name adoptd by th territory=Bsq Countr/Apart frm have own governmnt→ official languas=Bsq+Spa/A.5:Certain powrs recognizd fr Basq autonomy(internal protecti+ own police t ensure public ordr=Ertzaña/A.10:Powrs f th Bsqs=basd on th people(ide f national sovereignty)/Th bases are also establishd in relati t th legisla+executive powr(th legis pwr would be electd by uni suffrage(can see them in section a)-execu under contrl f th legis board,with th lehendakari as main representtive that will maintain relatis with th Repu// Transitory provision it’s made known that a provisinal govern will formd, conditiond by th extraordinary situati(that electis cant be calld)“as long as…circumstances producd by th civl wr last”. For this, first of all, after eight days of having approved the statute, the councilors of the towns (city council under the control of the Republic) will freely vote for the election of the Basque Government’s lehendakari. This process will be certified by the civil governor of Bizkaia (in other provinces the war situation did not allow it). Later, the formation of government would be in the hands of the Lehendakari. The condition that the government has at least 5 members is imposed Content 3. CONTEXT
This text is placed in the context of the civil war and the approval of the autonomy statute of the Basque Country, a process that would extend from 1931 to 1936.
Precedents
The constitution of 1931 (article 12) marked the process for the approval of the statutes of autonomy, collecting that right and making the way possible. But in the Basque Country, not like in Catalonia, the process was complicated, on the one hand the PNV did not take part in the signing of the Pact of San Sebastián (1930), on the other hand the political forces in favour of autonomy had different ideas about the subject, and especially the distrust of the left due to the coalition between the PNV and the Carlists in the elections of June 1931.
It must be borne in mind that the 1936 statute was not the first, previously two other statute projects were developed: in 1931 the statute of Lizarra was drafted, approved at the assembly of nationalist and Carlist mayors, ideology of the right and confessional, and that was thrown back in the Cortes because it was not compatible with the Constitution (the most complicated point was related to religious matters)
The other project of statute, was the statute of the Juntas Gestoras, written in 1933, of a more democratic character, non-denominational but with a lower level of autonomy. Highlight the disagreements that have arisen with the Carlists and the fact that Navarra would be left out of the project. As a result of the victory of the right-wing parties in the November 1933 elections, the project would be suspended. Therefore, the 2 attempts would fail.
Present moment
The process of approval of the new Statute of Autonomy of 1936 would come with the victory of the Popular Front elections (February 1936), the way towards autonomy was recovered. To this end, a commission was formed in Parliament (Indalecio Prieto would be its president, and José Antonio Aguirre the secretary) and would be taken as the basis for working on the statute text of 1933. The process was fast, and by June 1936 the text was almost finished. Even so, there was still a lack of agreement in terms of finance due to the opposition of the right-wing deputies. In this way, for them the statute was incompatible with the economic agreement. However, it was nothing more than an excuse to delay the approval of the statute.
The wording of the statute at the time of the civil war also conditioned the characteristics of it. For this reason a short statute (composed of 5 titles and 4 additional provisions: general provisions, powers and governance of autonomy, organic section, finance and reform of the statute, and some special specification (in article 10 of the text are given
some details about the executive and legislative power for example)) would be drafted. In addition all the mentions related to Navarre were eliminated, not as in the statute of the Juntas Gestoras, where the right of access was recognized. Also disappeared any mention of the recovery of the Fueros. Finally, the manner of election of the Lehendakari in the situation of war that was being suffered would be established. At that time, the elected lehendakari was José Antonio Aguirre, who would form a government with members of all political parties loyal to the Republic at that time.
Consequences
The civil war therefore had a remarkable influence on this process. The application of the statute would be limited only to the territories under the dominion of the Republic (Bizkaia), and it would correspond to entrust the Basque Government with matters that were not of its competence, such as war and defense issues, that is how “Euzko Gudarostea “, currency issue, direct international relations or control of postal services. In this way the autonomous Euskadi almost functioned as an independent state (known as the “Basque oasis“). The situation would not last for a long time, since in June 1937 Bilbao, and as a result all Bizkaia would be under the control of the national army and the statute would be abolished.
4. CONCLUSION/IMPORTANCE OF THE TEXT
This text was a document of utmost importance since it supposes a long and complex process begun in 1931 that ends with the approval of this present statute. It is the first time that Euskadi appears as a political subject and will be the precedent of the current Statute of Autonomy of the Basque Country. In addition, it must be taken into account that it was totally conditioned by the civil war and therefore, it will have a special structure (articles and additional provision), and that it would only be applied in the territories controlled by the Republic (Bizkaia).