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Spain's Regional Institutions

Legislative authority in Nabarra and in its truncated territories of Araba, Bizkaia and Gipuzkoa (aka Baskongadak) is exercised by a locally elected legislature, which in the later consists of an equal number of representatives from the three territories. Nabarra has a parliament of 50 members. Each regional legislature nominates its president; approves the regional budget; and elects the region's representatives to the Spanishl senate.

Regional executive power is exercised by a collective executive council, headed by a president who serves both as head of the region and head of the regional government.

Nabarra and Baskongadak retain their "foral" powers and any conflicts between the foral and regional institutions are submitted to an arbitral commission consisting of an equal number of representatives of the regional government and the concerned foral territory, and presided over by the president of the region's supreme court.

The regional statute granted to Baskongadak provides for a regional police regime responsible for the maintenance of public order. Although ultimate control over the regional police rests with the regional authorities, a "security council" was established to coordinate the activities of the regional and national security forces. Reserved to the national security forces are "police services of an extracommunity or supracommunity character," such as border and customs guards, immigration, regulation of arms and ammunition, and investigation of fraud against the Spanish state.

The state security forces retain the right to intervene to maintain public order in the autonomous regions:

1. At the request of a regional government.

2. Unilaterally, with the approval of a majority of the "security council," which is composed of an equal number of local and central government representatives.

3. In cases of "special urgency," and to fulfill their national constitutional responsibilities, the national security forces may intervene on the orders of the central government.

4. In a declared "state of emergency," the autonomous police forces are placed under the direct orders of the appropriate authorities, according to Spanish law.

Spain's regions may enter into agreements with one another, subject to notification to the Spanish congress or, if the agreement goes beyond matters within the exclusive jurisdiction of the regional governments, the congress' prior approval. Regional governments may request the central government to approve their entry into international agreements in the are of cultural relations. An inter-regional agreement between Catalonia and Murcia concluded in 1986 was challenged by the Spanish government before the Constitutional Court.

The Spanish constitution grants "financial autonomy" to the state regions "in conformity with the principles of coordination with the state treasury and of solidarity among all Spaniards." Income to the regions comes primarily from the collection of national taxes delegated wholly (such as property and inheritance taxes) or partially to the state regions; local taxes; and a portion of the general income of the state, derived from budget allocations from the central government, allocations of non-transferred national taxes, and grants from an interterritorial compensation fund.

Regarding the allocation of funds to the state regions, Hurst Hannum notes:

"In fact, the allocation of funds to the autonomous regions is a major and complex political issue. While the autonomous regions would prefer a more definite law on finances, the central authorities prefer to negotiate financial matters each year. In addition, there are longstanding complaints by Basques and Catalans that they contribute disproportionately to the central government coffers and receive much less in return."

The central government retains the power of eminent domain which may be excercised "for a national public purpose."

Sources: Jose Luis Cereceda, Euskadi en guerre (Ekin, 1987); Hurst Hannum, The Accomodation of Conflicting Rights, (Universtiy of Pennsylvania Press, 1990); Marianne Heiberg, The Making of the Basque Nation (Cambridge University Press, 1987); Francisco Letamendia, Historia del Nacionalismo Vasco y de ETA (R&B Ediciones); Towards the National Liberation of Euskadi ( Ekin, 1992).