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Nabarralde | About Nabarra
Relations between the Spanish State
and the Regions
The Spanish Constitution
of 1978 recognises only one nation: the "Spanish nation." The State
of Autonomies is constituted on the basis of the "national sovereignty
of the Spanish people" (art. 1) and not on a constitutional pact between
sovereign peoples.
The Constitution concedes
low autonomy to territorial entities, with the possibility of realising
their own political options but within the framework of the policies
adopted by the central government.
Only the Spanish nation
and its representatives (the Spanish parliament) can decide upon the
reform of the Constitution (arts. 167 and 168).
The distribution of
powers between the Central Government and the so-called Autonomous Communities
is effected in the bloque de la constitucionalidad (which includes
numerous central laws), and therefore, there is no proper constitutional
guarantee of autonomy.
Not all State power
is submitted to a double order of government: the Autonomous Communities
(including Nabarra, and the other three Basque territories of Araba,
Bizkaia, and Gipuzkoa known as the "Basque Country") do not have judicial
power, nor do they have the capacity to establish their own bill of
rights.
The Spanish system
of distribution of powers is based, above all, on a generalised concurrence
of jurisdiction. There is no sphere in which the Autonomous Communities
can establish their own policies in an unconditioned way. This seriously
counteracts political autonomy.
The Spanish Autonomous
Communities can't participate in general institutions, in the legislative
body (the Senate), in the executive body (intergovernmental relations),
or in European affairs.
Thus, the Spanish Constitution
of 1978 lacks a common constitutional space that might guarantee the
constitutional recognition and political autonomy of the various nations
within the Spanish state. Moreover, the constitutional development which
has taken form in the "modelo autonomico" has blured the initial distinction
between "nationalities" and "regions" (art. 2) and conferred on Nabarra,
Araba, Bizkaia and Gizpuzkoa (the Basque territories), Catalunya, and
Galiza a level of autonomy remarkably inferior to that which could have
been obtained with the same constitution. Finally, instruments of participation
in general institutions have not been developed, owing to an incapacity
to find mechanisms of political representation adequate for a multi-nation
state like the Spanish state.
On paper, the autonomous
governments should have jurisdiction over organization of local government;
local civil law; mountains, forests, agriculture, livestock, and fishing
in local waters; internal production, distribution, and transportation
of energy; urban planning; public works; control over public property
which belongs to the autonomous community; control over water resources
within the autonomous regions; housing; social welfare; roads, highways,
and public works; internal commerce and industry (with some exceptions);
and culture.
The central state government
retains exclusive jurisdiction over, immigration; foreign relations;
national defence and military affairs; the administration of justice;
customs; penal and labor legislation; international trade; monetary
regualtions; coordination of general economic planning; intellectual
property; and "basic conditions which guarantee the equality of all
Spaniards in the exercise of rights and in the fulfillment of constitutional
duties."
Article 150 of the
constitution permits the central government to delegate to the autonomous
regions (jointly or individually) legislative powers to enact laws which
would otherwise be under the exclusive jurisdiction of the central state
government, and administrative authority to regulate various matters
within broad national guidelines, the latter procedure being the norm,
with the autonomous regions implementing basic national standards.
In the case of conflict
between national and regional laws not within the exclusive jurisdiction
of the autonomous regions, national laws prevail. In addition, national
laws are considered to be supplementary to the laws of the autonomous
regions.
If an autonomous region
does not carry out is obligation under the constitution or relevant
laws or "acts in a way which gravely harms the general interest of Spain,"
an absolute majority of the Senate (which is territorially based and
represents the provinces and autonomous regions) may take measures necessary
to ensure such compliance or protect the general interest. The Spanish
parliament, by an absolute majority of each house, also has the power
to harmonize regional laws if necessary in the general interest, even
in areas of exclusive regional competence.
Autonomous regions
have a local judicial system established in accordance with the constitutionn,
a national organic law on the judiciary, and each region's autonomy
statute. Localjurisdiction extends, inter alia, to all civil actions
and appeals concerning local law and initial criminal and social matters
(excluding appeals). There is exclusive jurisdiction over challenges
to administrative acts within the exclusive competence of the autonomous
authorities and original jurisdiction over other administrative acts.
Regional superior courts, whose members are appointed in accordance
with the national organic law on the judiciary, are to hear local appeals;
presidents of these courts are to be appointed by the King upon the
recommendation of the national Council on Judicial Power.
The central government
may challenge any regional law or regulation, suspending its application,
before the national Constitutional Court, which has exclusive jurisdiction
over conflicts between autonomous regions and between an autonomous
region and the state.
Sources:
Hurst Hannum, The Accomodation of Conflicting Rights, (Universtiy
of Pennsylvania Press, 1990)
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