August 13, 2020

The work of jurists to develop a new Basque Statute concludes with three different articulated texts

The work of the commission of experts appointed by the Basque Parliament to prepare a new Statute for Euskadi has concluded on Monday with the presentation in the Autonomous Chamber of three drafts of different articulated texts, which demonstrates the difficulty and discrepancies that these jurists have maintained throughout the 14 months during which they have developed their work.

The five specialists appointed by the PNV, EH Bildu, Elkarrekin Podemos, PSE-EE and PP, Mikel Legarda, Iñigo Urrutia, Arantxa Elizondo, Alberto López Basaguren and Juan Ignacio del Burgo, respectively, have held a final meeting today at noon before deliver your documents to the mayor of the Autonomous Chamber.

The meeting of the technical commission has lasted for more than an hour and in it the jurists have maintained their discrepancies regarding the elaboration of a new articulated text of statutory reform. In this way, specialists have presented three articulated texts in the Chamber, as expected.

To these are added other writings, until adding ten, among them the individual explanation of each one of the experts, with the exception of that of Elkarrekin Podemos, about his work in the paper of self-government, as they have informed Europa Press knowledgeable sources of the conversations.

The proposed statutory text that seeks greater consensus is the one supported by the PNV, Elkarrekin Podemos and the PSE-EE, despite the fact that the three formations maintain quite a number of disagreements expressed in particular votes, especially in matters of a more sovereign nature, although with full coincidence in social and people's rights.

The text, which consists of seven titles, with a total of almost 150 articles, four additional and five transitory provisions, defines, in principle, the Basque Autonomous Community as 'Autonomous Community of Euskadi' and includes two versions of the right to decide, that of Legarda (PNV) and that of Elizondo (Elkarrekin Podemos), while the PSE-EE rejects, in a particular vote, the two formulations when considering that they do not have constitutional reserve.

The jeltzales advocate in the document for "the right to decide of citizenship" of Euskadi, but "agreed" with the State, and Elkarrekin Podemos bets on "the right of its citizens to express their will freely and democratically, being their legal exercise and agreed ".

The text also refers to "national identity", but Basaguren asks that this concept be replaced by "nationality". Regarding Euskadi's relationship with the State, the three document proposes a mixed commission, which Elkarrekin Podemos and PSE intend to be called "cooperation", while PNV proposes that it be called "mixed commission of Political Concert".

The jurist jeltzale, Mikel Legarda, in a particular vote, also argues that the disagreements that could occur between Euskadi and Spain are resolved by a joint "arbitration board", which replaces, in its final decision, the Constitutional Court.

The PNV also defends, against the criteria of socialists and Elkarrekin Podemos, that "Basque nationality" be recognized to the citizens of Euskadi, "without this affecting the equality of the individual" and without involving "any discrimination factor" . CHANGES IN COMPETENCES

In today's meeting, there have been some changes in the document, including Elkarrekin Podemos's adhesion to the thesis defended by the lawyer of the PNV, which contemplates the "foral" origin of competences.

The socialist specialist, on the other hand, presents a particular dissenting vote, considering "absolutely unacceptable", for example, to qualify as "core powers" related to the Administration of Justice, the media or others.

Mikel Legarda and Arantza Elizondo share, in article 65 of the draft statutory reform, that the Basque Executive can increase its powers by assuming functions that correspond to the central government, while Alberto López Basaguren appeals, in a general clause, to the Article 149 of the Constitution, which establishes the exclusive powers of the State, while the rest depends on those established by the autonomous communities in their statutes.


For his part, the lawyer of EH Bildu Iñigo Urrutia has proposed an articulated text of "new Status" for the Basque Autonomous Community, which he calls "Basque State Community", which would have the right to decide, a relationship "of a confederal nature" , "equal to equal" with the State, and could call a referendum.

In addition, he claims "the Basque nationality" and the "national character of Euskal Herria", and criticizes that the document of PNV, Podemos and PSE-EE assumes "fully the autonomous framework", when it had to have taken "a leap" to a "confederal" model.

Urrutia's proposal also includes the creation of the "State-Basque Community Conflict Court, a system of guarantees that would extend to the" violation or breach of any right recognized in the Political Statute. "In addition, it defends that it could resorting to the "foral pass", which means not applying in Euskadi "the state initiative or action" until the conflict is resolved.

For his part, the expert appointed by the PP, Jaime Ignacio del Burgo, denounces that the proposals of the other commissioners for a new Statute have a "radically unconstitutional conception" and, warns that moving forward, would be "the beginning of a serious conflict "with the State. In addition, he says that "there is no Basque nation that can claim the right of self-determination."

Del Burgo has drawn particular votes to the two texts, considering that both the proposals made by EH Bildu, and those of commissioners Mikel Legarda, Arantxa Elizondo and Alberto López, appointed respectively by PNV, Elkarrekin Podemos and the PSE-EE, They are based on a "radically unconstitutional conception."

In addition, it has presented an articulated text for a reform of the Statute "within the framework of the constitution", although this does not mean that it is the proposal of the popular because, in the political debate, it does not intend to present any document, except the of the Statute of Gernika.


With the presentation of these legal documents, the work of the commission of experts has been put to an end. This Tuesday, the Bureau of the Parliament, which will meet at 10 am, will receive the writings from the major lawyer, which will then be transferred again to the paper for self-government.

This forum will meet on December 11, and it will be seen if the parliamentary mandate has been fulfilled and the will of the groups of Parliament will be analyzed. In this way, the political debate will begin and then the parliamentary process of the draft new Statute will begin.

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