The Foral Regime of Navarre: History and Enhancement
T.13 text. The Improvement of Jurisdiction
1) Introduction. It is a primary source of legal and political nature (law)
And public. The text was approved by Parliament and the Parliament Provincial Council, after negotiations between the central government in UCD and the Provincial Government of Navarre.
It is the year 1982 when the organization is completing the new “state of autonomies” emerged from the 1978 Constitution. It presents a selection of articles that address the following issues: definition of Navarre (Art.1 º), the objectives of the law (Art. 3 º), equality with all the Spanish (Art. 6 th), the official languages (Art.9 º), the statutory institutions (Art. 10 º), the powers of the Parliament of Navarre (Art. 11 º) and fiscal autonomy (Art.45 º).
2) Background immediate. The 1978 Constitution recognized the right of aUTONOMY of regions that so wish, establishing procedures to access it. Also recognized the historical rights of foral territories, including Navarre. In the 4th transitional provision provided for the possibility that Navarre could join the Basque Autonomous Community. However, political representatives showed mostly Navarre to Navarre discounts remain as a separate autonomous system based on their ancient privilege.
Following negotiations between the Provincial Government of Navarre and the UCD government approved a decree-law first in 1979 to democratize the statutory institutions that had remained in force during the Franco regime, created a Regional Council and Parliament deputies were elected by the merindades history.
In the 1979 elections, the majority party in Navarre, then a UCD, suffered a split from which it emerged Union del Pueblo Navarro, who spoke openly against the integration of the BAC and Navarre in defending the Foral regime of Navarra. In the first regional elections, gained 20 parliamentary UCD, PSOE 15 and UPN 13. Nationalist groups in favor of the incorporation of Navarre to CAV were 20 representatives, insufficient to initiate the process provided in the transitional provision of the Constitution 4th.
Negotiations between the new deputies and the government resulted in the Organic Law of Navarre Enhancement (LORAFNA), adopted in 1982 by the Autonomous Parliament and the Parliament, and was not subject to referendum, considering a pact between Navarre and the State, following the tradition in this area. The new law was to adapt the system of Navarra to the new constitutional reality, the choice merindades disappeared and established the procedure to elect an autonomous government by parliament foral.
3) remote antecedent. The regime of Navarra has successfully maintained throughout the story, although obviously adapted to the political circumstances of each stage.
With the addition of Navarra into the Crown of Castile in 1515 in the Cortes of Burgos was established that the old kingdom retain their privileges and institutions, and the Castilian kings were bound to respect and “Enhancement”. The preservation of distinct legal and institutional situations was common during the early modern period, especially after the union of Castile and Aragon, under the reign of Ferdinand and Isabella.
However, just as the territories of the Crown of Aragon were to lose their privileges after the outcome of the War of Succession (early eighteenth century), through the decrees of New Plan of Philip V, Navarra and the Basque provinces were able to maintain the his having supported the Bourbon king in his struggle for the throne.
The end of the First Carlist War in 1839 and the triumph of liberalism in Spain meant the most important modification of the charters of Navarre, and Navarre’s position in this context was difficult to sustain, more so considering that was one of the territories that provided more support to the pretender D. Carlos. After confirmation Jurisdiction Act of 1839 was passed Jurisdiction Amendment Act 1841 and Treaty Law, which Navarre became a province of the Spanish monarchy while retaining certain privileges like tax regime based on the quota or concert economic.
Finally, after the support of the rebels Navarre against the government of the Republic, managed to maintain their new regime and its institutions foral during the Franco dictatorship, whose fall meant the review and adapt them to the new democratic situation.
4) Conclusion. In short, Navarra Foral regime maintained its in a new democratic context and it remains a distinct community, basing their autonomy in previous historical rights to the 1978 Constitution.