Q
& A
French decentralization and the Basque Territories
1.
What is decentralization?
Decentralization can be defined as the division of power/delegation
of power between the so-called central government and the
local governments. In unitary states like France and Spain,
the central government retains sovereignty. The extent of
delegation of power varies from country to country. However,
the central government maintains control over the real agenda
while local matters are ceded to the so-called sub-national
units.
2.
Does it matter how states are organized?
Yes, it impacts on how nations within the state and minorities
are treated, how much autonomy/self-rule they are granted,
whether or not the state attempts to assimilate them, etc.
It also impacts economic development.
3.
Why do states decentralize?
They
decentralize for several reasons including:
- More effective administrative functioning of the government
via the transfer of day-to-day functions to the local governments.
- Mobilization of local initiative; participation of the local
population towards the generation of a national agenda;
-
Functioning of local units as channels for transmission of
political will and information of the national government.
-
Response to strong feelings of territorial identity.
4.
How is this system specified for the purposes of governance?
States
specify their level of decentralization in their political
constitutions. There are two means by which states have their
systems of governance specified as to their levels of decentralization.
Some constitutions are based on written documents, such as
the US Constitution, while others are based on conventions
and precedents of practice, as with the unwritten British
constitution. In unitary states like the French and the Spanish,
the central government may delegate authority, but sovereignty
ultimately lies with it.
5.
Does the project of French decentralization answer the demands
for autonomy of the Basque territories, Brittany and Corsica?
Of course not. The decentralization project of the Raffarin
government bases its policy on two "pairs": the departments
(96, in the hands of government appointed prefects) and the
municipalities or communes (36,000, remain the responsibility
of the mayors) given responsibility for the administration
of public services; and the central government and the regions
in control of strategy issues. Important issues such as education
policy, employment policy, economic development and management
of large-scale infrastructure will remain within the domain
of the central government or, if it choses, transferred to
the regions. In this proces of decentralization, the regions
(created in 1982 under F. Mitterrand) are officially recognised
in the French constitution.
Moreover,
the constitutional recognition of regional languages was refused
by majority of French National Assembly in November 2002.
In
the case of Navarre, the state of the Basques, its three northern
territories (Lapurdi, Behe-Nafarroa and Zuberoa) remain under
French administration. A genuine devolution would entail the
restoration of the state of the Basques, the State of Navarre.
6.
Can local administrative autonomy be revoked?
Yes, especially in an unwritten constitution, decentralization,
once in effect, may in fact be irreversible: the central authority
may be able to convince the sub-national unit to surrender
its delegated authority.
7.
Basques do not have their own department. How will decentralization,
if approved, affect Basque local governance?
The
three Basque territories of Lapurdi, Behe-Nafarroa and Zuberoa
do not form a department by themselves but, together with
Bearn, are part of the Departement of the Pyreneés Atlantiques,
with capital in Pau, Bearn.
If
decentralization is approved, the Basque territories will
be excluded from decisions about rural development, social
action and assistance, transport outside of urban areas, trade
and fishing ports, all of which remain the perview of the
department. The Basque territories will also not have control
over their employment policy, economic development and planning,
professional training and apprenticeship, secondary education
or universities, education policy and tourism, all of which
will be controlled by the regional or the central governments.
The municipalities of the Basque territories will be left
with the administration of urban planning, housing, traffic,
various pilot projects in education and health, schools, civil
status, and the legal protection of young people.
8.
If French decentralization is approved, can Basques call for
a referendum on territorial status?
Not
a chance. Although the decentralization project provides for
the possibility of a "territorial authority" to call for a
referendum and the idea of "a community with particular status"
(possibly for Corsica), only the French parliament has the
power to authorize the plebiscite.
|
