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Statute
of Autonomy of the Basque Country PRELIMINARY
TITLE TITLE
I 4. Local Government and Statute for the Public
Officials of the Basque Country and of its Local Administration,
without prejudice to the provisions of Article 149.1.18 of the
Constitution. 5. Preservation, modification and development
of the Traditional, Regional Law and Special Civil Law, whether writ ten or
common law, belonging to the Historic Territories which make up the Basque
Country, and the establishment of the territorial area of their applicability. 1. Prison legislation. 2. Labour legislation, taking up the powers and
jurisdiction at present held by the State in respect of labour
relations; also, the power of organizing, directing and safeguarding,
in conjunction with the State inspectorate, the State services
for the implementation of labour legislation, ensuring that working
conditions are suited to the level of development and social progress
and promoting the acquisition of skills by workers and their full
training. 3. Appointment of Real Estate Registrars, Stock-brokers
and Commercial Brokers. Intervention in the outlining of
the corresponding demarcations where appropriate. 8. Ports and airports classified as being of general
interest, when the State does not reserve their direct management
for it self. 9. Planning of the transport of goods and passengers
whose point of departure and destination lie within the territory
of the Autonomous Community, even when such transport is effected
on infrastructures belonging to the State referred to in number
21 of clause 1 of Article 149 of the Constitution, without prejudice
to such direct execution as the State may keep for it self. 10. Rescue work at sea and dumping of industrial
waste and pollutants in the territorial waters of the State off the Basque
coast. 2. In accordance with the General Laws, the right
of pardon and the organization and functioning of the Public Prosecutor's
Office lie wholly with the State. a) In civil suits, to all instances and degrees,
including appeals for review and high-court appeals in matters
of Traditional, Regional Civil Law pertaining to the Basque Country. b) In penal and social cases, to all instances
and degrees, except high-court appeals and appeals for review. Article 15.- It is incumbent on the Basque Country
to set up and organize its Parliament by means of a law, and as regards the
institution established by Article 54 of the Constitution, to create a similar
organ that, in co-ordination with the former, will exercise the functions
to which the aforesaid Article refers and any other with which the Basque
Parliament may entrust it. Article 16.- In application of the stipulations
in the First Additional Provision of the Constitution, responsibility lies
with the Autonomous Community of the Basque Country for education in its entirety,
regardless of what level, degree, kind or speciality it may be, without prejudice
to Article 27 of the Constitution and the Organic Laws which are to develop
it , or to the powers assigned to the State by Article 149.1.30 of the Constitution,
or to the inspection necessary for its proper execution and safeguarding. Article 17.-l. By means of the process of updating
of the general system of Traditional, Regional Law provided for in the First
Additional Provision of the Constitution, responsibility shall lie with the
institutions of the Basque Country, in the manner set out in this Statute,
for the general organization of the Autonomous Police Forces in respect of
the protection of persons and property and the maintaining of public order
within the autonomous territory; the State Security forces and Corps retaining
in all cases responsibility for police services of an extra- and supra-Community
nature, such as guarding ports, airports, coasts and frontiers, customs, controlling
the entry and exit from national territory of Spaniards and foreigners, general
organization of alienage, extradition and expulsion,
emigration and immigration, passports and national identity cards, arms and
explosives, fiscal protection of the State, smuggling and tax fraud involving
the State. 2. Supreme command of the Basque Autonomous Police
Forces shall lie with the Government of the Basque Country, without prejudice
to the powers that may be vested in the Provincial Councils and local Corporations. 3. The Judicial Police and Forces which perform
these functions shall be organized in the service and under the vigilance
of the Administration of Justice, under the terms which the laws of procedure
stipulate. 4. For the sake of co-operation between the Autonomous
Police Forces and the State Security Forces and Corps, there shall be a Security
Council consisting of an equal number of representatives of the State and
of the Autonomous Community. 5. Initially, the Autonomous Police Forces of
the Basque Country shall comprise: a) The Corps of «Miñones»
belonging to the Provincial Council of Alava, currently
in existence. b) The Corps of «Miñones»
and «Miqueletes» dependent on the Provincial Councils
of Vizcaya and Guipúzcoa
which are hereby re-established. At a later stage, the Institutions of the
Basque Country may agree to reorganize into a single group those mentioned
in the foregoing paragraphs, or carry out whatever reorganization is needed
for the proper fulfilment of the powers assumed. All this without prejudice to the continuing
existence, for representational purposes, of the «Miñones» and «Miqueletes». 6. Notwithstanding the stipulations of the preceding
numbers, the State Security Corps and Forces may intervene in the maintenance
of public order in the Autonomous Community in the following cases: a) When called upon by the Government of the Basque
Country. Intervention shall cease at the request of the same. b) On their own initiative, when they consider
that the general interest of the State is gravely compromised. The approval
of the Security Council referred to in number 3 of this Article shall be required.
In cases of particular urgency and in order to fulfil the functions directly
entrusted to them by the Constitution, the State Security Corps and Forces
may intervene directly under the sole responsibility of the Government, which
shall report to the Spanish State Parliament. The Spanish State Parliament,
through constitutional procedures, may exercise the powers invested in it. 7. In the case of the declaration of a state of
alarm, exception or siege, all the police forces in the Basque Country shall
come under the direct orders of the civil or military authority, as the case
may be, in accordance with the legislation regulating these matters. Article 18.-l. The Basque Country is responsible
for the legislative development and the implementation of the basic legislation
of the State in matters of domestic health. 2. In Social Security matters the Basque Country
shall be responsible for: a) The legislative development and the execution
of basic State legislation, except the rules which govern the economic organisation
of the Social Security. b) The management of the economic organisation
of the Social Security. 3. It shall also be incumbent on the Basque Country
to execute State legislation on pharmaceutical products. 4. The Autonomous Community may organize and administer,
for these purposes, and within its own territory, all the services connected
with the matters previously expressed and shall supervise institutions, organizations
and foundations as regards Health and Social Security matters. The State shall
keep for itself the inspection powers so as to ensure the fulfilment of the
duties and powers container in this article. 5. The Basque Public Authorities shall adapt the
exercise of the powers they may take up in Health and Social Security matters
to criteria of democratic participation on the part of all those involved,
including the Employees' Unions and Employers' Associations in the terms the
law may establish. Article 19.-l. The Basque Country is responsible
for the legislative development of the basic rules of the State in matters
regarding the social communications media, always provided the stipulations
of Article 20 of the Constitution are respected. 2. Implementation in matters referred to in the
previous paragraph shall be co-ordinated with that of the State, with respect
to the specific regulations applicable to the media in State ownership. 3. In accordance with the stipulations of the
first paragraph of this article, the Basque Country may regulate, set up and
maintain its own television, radio and press, and in general,. all
the social communications media for the accomplishing of its purposes. Article 20.-l. The Basque Country shall have legislative
and executive powers in whatever other matters are transferred to it by Organic
Law or which are delegated to it by the State in accordance with the Constitution,
at the request of the Basque Parliament. 2. The Autonomous Community of the Basque Country
may enact legislation in the terms of Article 150.1 of the Constitution, when
the Spanish State Parliament passes the basic laws which that provision refers
to. 3. The Basque Country shall implement the treaties
and agreements in everything affecting the matters assigned to its jurisdiction
in this Statute. No treaty or agreement may affect the powers and jurisdiction
of the Basque Country except by means of the procedure of article 152.2 of
the Constitution, save for the provisions of article 93 of the same. 4. The powers of execution which this Statute
assigns to the Autonomous Community of the Basque Country in those matters
which do not fall under its sole jurisdiction include the power of administration
and that of issuing internal regulations for the organization of the corresponding
services. 5. The Basque Government shall be informed of
the concluding of treaties and agreements and of projected customs legislation,
in so far as they affect matters of particular interest to the Basque Country. 6. Except in the event of an express provision
to the contrary, all the powers and responsibilities mentioned in foregoing
Articles and others in this Statute, shall be understood to refer to the territorial
area of the Basque Country. Article 21.-The law emanating from the Basque
Country in matters of its exclusive jurisdiction is applicable in preference
to any other and only in its absence shall State law be applied to supplement
it. Article 22.-l. The Autonomous Community may conclude
agreements with other Autonomous Communities for the management and provision
of services falling under their exclusive jurisdiction. The concluding of
such agreements must be communicated to the Spanish State Parliament before
they become effective. If the Spanish State Parliament, or either of the Chambers,
should express objections within the space of thirty days from the receipt-
of the communication, the agreement must follow the procedure provided for
in the third paragraph of this article. If once this period has lapsed, no
objections to the agreement have been expressed, it shall come into effect. 2. The Autonomous Community may conclude agreements
with other 3. The Autonomous Community may also establish
co-operation agreements with other autonomous communities, with the prior
authorization of the Spanish State Parliament. Article 23.-l. The State Civil Administration in
2. In conformity with Article 154 of the Constitution,
a Delegate appointed by the Government shall direct the State Administration
and shall co-ordinate it, where appropriate, with the Autonomous Community's
own Administration. TITLE
II Concerning the powers
of the Basque Country PRELIMINARY CHAPTER Article 24.-l. The powers of the Basque Country are
exercised through the Parliament, the Government and its President or Lendakari. 2. The Historic Territories shall preserve and
organize those institutions which are based on regional or legal privileges
in accordance with the provisions of article 3 of this Statute. CHAPTER ONE Concerning the Basque
Parliament Article 25.-l. The Basque Parliament exercises legislative
power, approves budgets and prompts and controls the action of the Basque
Government, all of which it does without prejudice to the jurisdiction of
the Institutions to which article 37 of this Statute refers. 2. The Basque Parliament is inviolable. Article 26.-l. The Basque Parliament shall be composed
of an equal number of representatives of each 2. The electoral district is the 3. Elections shall be held in each 4. The Basque Parliament shall be elected for
a period of four years. 5. An Electoral Law of the Basque Parliament shall
regulate the election of its members and shall determine the causes of ineligibility
and incompatibility affecting posts or offices held within its territorial
area. 6. The members of the Basque Parliament shall
be inviolable in respect of the votes and opinions they may express whilst
exercising their functions. During their terms of office, they may not be
arrested or detained for offences committed in the territorial area of the
Autonomous Community unless taken in the act of committing them. In all cases,
it shall be incumbent on the High Court of Justice of the Basque Country to
decide on their indictment, detention, prosecution and trial. Outside the
Basque Country, penal responsibility shall be required in the same terms before
the Criminal Division of the Supreme Court. Article 27.-l. The Parliament shall elect from among
its members a President, a Bureau and a Standing Committee. It shall function
in Plenary Session and in Committee. The Parliament shall establish its own Standing
Orders which must be approved by an absolute majority of its members. The
Parliament shall approve its budget and a statute for its employees. 2. Ordinary sessions shall have a minimum duration
of eight months per year. 3. The Chamber may meet in extraordinary assembly
at the request of the Government, the Standing Committee or one third of its
members. Extraordinary sittings must be convened with a specific agenda and
shall be closed as soon as it has been covered. 4. The right to initiate legislation is incumbent
on the members of the Parliament, the Government and the representative Institutions
referred to in article 37 of the Statute, in the terms established by the
law. Members of Parliament may, both in plenary session and in committee,
table requests, questions, interpellations and motions in the terms laid down
by the standing orders. Popular initiative as regards the submitting of bills
which are to be considered by the Basque Parliament shall be regulated by
the same, through a law, in accordance with whatever is established by the
Organic Law provided for in article 83 of the Constitution. 5. The Laws of Parliament shall be promulgated
by the President of the Basque Government, who shall order their publication
in the Official Gazette of the Basque Country (Boletín
Oficial del País
Vasco) within fifteen days of their adoption and in the Official State Gazette
(Boletín Oficial del Estado). They shall take effect on the date of their publication
in the Official Gazette of the Basque Country. Article 28.- It is also incumbent on the Basque
Parliament: a) To appoint the Senators who are to represent
the Basque Country, in accordance with the provisions of Article 69.5 of the
Constitution, by means of a procedure to be stipulated in a Law adopted by
the Basque Parliament itself which shall ensure proper proportional
representation. b) To request the State Government to adopt a
bill or to refer to the Congressional Bureau a proposal for a bill, delegating
the members of the Basque Parliament entrusted with the defence of the said
bill. c) To lodge appeals of unconstitutionality. CHAPTER II Concerning the Basque
Government and the President or Lendakari Article 29.- The Basque Government is. the corporate body which exercises the executive and administrative
functions of the Basque Country. Article 30.- The powers of the Government and its
organization, based on a President and Councillors, and the Statute of its
members, shall be regulated by the Parliament. Article 31.-l. The Basque Government shall resign
after the holding of elections to Parliament, in the event of a loss of parliamentary
confidence or upon the resignation or death of its President. 2. The outgoing Government shall remain in office
until the new Government takes office. Article 32.-l. The Government is collectively responsible
for its actions to the Basque Parliament, without prejudice to the direct
responsibility of each member for the management of his respective area. 2. The President of the Government and its members
may not be arrested or detained during their term of off ice for criminal
offences committed in the territorial area of the Autonomous Community unless
taken in the act of committing them. In all cases it shall be incumbent on
the High Court of Justice of the Basque Country to decide on their indictment,
detention, prosecution and trial. Outside the territorial area of the Basque
Country, penal responsibility shall be required in the same terms before the
Criminal Division of the Supreme Court. Article 33.-l. The President of the Government shall
be nominated from among the members of the Government and appointed by the
King. 2. The President appoints and dismisses the Government
Councillors, and directs their activity. He holds the highest representation
of the Basque Country and the ordinary representation of the State in this
territory. 3. The Basque Parliament shall determine by law
the manner of electing the President and his functions and also the relations
of the Government with Parliament. CHAPTER III Concerning the Administration
of Justice in the Basque Country Article 34.-l. The organization of the Administration
of Justice in the Basque Country, at the apex of which there shall be a High
Court, with jurisdiction in the whole territory of the Autonomous Community,
which shall be the court of last appeal, shall be structured in accordance
with the stipulations of the Organic Law of the Judiciary. The Autonomous Community, in accordance with the
provisions of article 152 of the Constitution, shall share in the organization
of the judicial demarcations below the provincial level and in deciding on
their seat. It shall in all cases fix their boundaries. 2. The President of the High Court of Justice
of the Basque Country shall be appointed by the King. 3. In the Autonomous Community, facilities shall
be given for the exercise of popular action and for the participation in the
Administration of Justice through the institution of the Jury, in the manner
and in respect of those criminal actions as may be determined by procedural
law. Article 35.-l. The appointment of Judges, Magistrates
and Secretaries shall be carried out in the manner stipulated in the Organic
Laws of the Judiciary and of the General Council of the Judiciary. Knowledge
of Traditional Basque Law and of the Basque language («Euskera») shall be qualifications for which preference shall
be given. No exception shall be made because of origin or place of residence. 2. At the request of the Autonomous Community,
the competent body shall organize competitive examinations to cover vacancies
for Magistrates, Judges and Secretaries in the Basque Country, in accordance
with whatever the Organic Law of the Judiciary may stipulate. Any vacancies
that are not filled by such competitions and examinations shall be filled
by the High Court of Justice of the Basque Country, by applying the rules
contained for this contingency in the Organic Law of the Judiciary. 3. It shall be incumbent on the Autonomous Community,
within its territory, to provide personnel to serve in the Administration
of Justice and the material and economic means necessary for its proper functioning,
in the same terms as this power is assigned to the Government in the Organic
Law of the Judiciary. In the systems for the providing of staff, preference
shall be given to persons with knowledge of Traditional Basque Law and of
the Basque language. 4. The Autonomous Community and the Ministry of
Justice shall maintain the necessary collaboration to ensure the orderly management
of the jurisdiction assumed by the Basque Country. Article 36.- The Basque Autonomous Police Forces,
in so far as they act as Judicial Police, shall be in the service of, and
dependent on, the Administration of Justice, in the terms laid down by the
laws of procedure. CHAPTER IV Concerning the Institutions
of the Historic Territories Article 37.-l. The traditional legal institutions
of the 2. The stipulations of this Statute shall not
entail any alteration of the nature of the specific legal regime based on
Traditional, Regional Law or of the jurisdiction of the particular regimes
of each 3. In all cases they shall have sole jurisdiction
within their respective territories in the following matters. a) Organization, regime and functioning of their
own institutions. b) Drawing up and approval of their own budgets. c) Territorial demarcations of supra-municipal
scope but not exceeding the provincial boundaries. d) System of provincial and municipal property,
both public domain and heritage, or their own and Community property. e) Municipal electoral system. f) All matters specified in this Statute or which
are transferred to them. 4. They shall also be responsible for the development
of regulations and for the implementation within their territory, of the matters
entrusted to them by the Basque Parliament. 5. The election of the representative bodies of
the CHAPTER V Concerning control over
the powers of the Basque Country |
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