Publicador de contenidos

Back to 2022_12_3_Derecho_El_valor_del_fuero_hoy

The value of regional law today

December 3, 2022

Published in

Diario de Navarra

Mercedes Galán Lorda

Professor History of Law of the University of Navarra

It is understood by regional law the legal regime, that is to say the right or specific rules enjoyed by certain people or places. This expression is fully connected with history, since in the average Age it was the usual way of designating the right of a place or of a specific group of people (such as the nobles, the Franks, Moors or Jews, for example).

reference letter In Navarre, the expression regional law has been used up to the present day to refer to its specific law or regime.

This regime has evolved throughout history from the time Navarre was constituted as an independent kingdom in the Age average to the present day. While it had this status (initially called the kingdom of Pamplona and, from 1162, the kingdom of Navarre) it maintained its own king, its own Cortes with its Diputación, its courts of justice (committee Real, Corte Mayor and Cámara de Comptos), its own public officials and its own law, distinguishing between the local fueros or law of each locality and the regional law General which contained the law applicable to the whole kingdom as a complement to the local fueros. At this stage, the regional law was therefore the law of the whole kingdom, as well as the specific law of each place.

 With the incorporation of Navarre into the Crown of Castile in 1515, the status of kingdom was maintained, but it was no longer an independent kingdom, but a separate kingdom, although forming part of a larger political entity. In this stage, which lasted, although with parentheses (1813-14 and 1820-23), until 1833, the Navarrese regional law continued to be identified with the same as in the previous stage: with its own regime, derived from maintaining the status of kingdom, which meant that Navarre retained its institutions and its own law. It only had in common with the rest of the Monarchy the figure of the king, which also had its consequences, since the king or his officials dictated dispositions that were directed to Navarre as to the rest of the territories. This fact and, above all, the ignorance or the clear civil service examination of some of the king's officials that the Navarrese territory maintained its specialities, meant that the Navarrese institutions (in particular the Cortes and the Diputación) had to defend the survival of their special regime within Castile by requesting constant "reparos de agravio", which meant the revision of certain actions or the declaration of the inapplicability of certain provisions to Navarre.

With the establishment of the new liberal regime, initially embodied in the Constitution of 1812, the end of the condition of kingdom that Navarre maintained was pointed out, since the constitutional text did not contemplate any exception to the provincial system. The fact was that, at the end of the first Carlist war in 1839, the Law of Confirmation of the fueros of that same year provided for the modification of the Navarre regime to adapt it to the constitutional unity. It was the Navarre Provincial Council that negotiated with the Government of the Nation the modification of its regime or regional law. This modification was embodied in the Law of modification of the fueros or Ley Paccionada of 1841.

According to the content of this law, Navarre lost its status as a kingdom and its own institutions. A new Provincial Deputation replaced the previous Deputation of the Kingdom, but this new Deputation had from then on powers that no other in Spain had. These powers were an authentic fiscal sovereignty and the control of the local administration, powers that, being special with respect to those of the rest of the territories, constituted from that moment the foral regime or regional law of Navarre. For this reason, Navarre was a foral province.

With this condition, the democratic era was reached, in which the Spanish Constitution of 1978 preserved this special regime by protecting and respecting, in its first additional provision, the historical rights of the foral territories.

From agreement with the autonomous system established in our current Constitution, Navarre elaborated its Amejoramiento del regional law, which has reached its 40th anniversary in 2022. This text, in its first article , states that "Navarre constitutes a Foral Community with its own regime, autonomy and institutions, indivisible, integrated in the Spanish Nation and in solidarity with all its peoples". The fact that Navarre constitutes a Comunidad Foral, makes reference letter to the fact that it maintains some specialties with respect to the rest of the Autonomous Communities. That is to say, it is a community with autonomy like the others, but which was allowed to keep those special competences that it maintained since 1841 in subject fiscal and in relation to the local administration. These special competences were and are its regional law or specific regime, a regime that could be "improved" with new competences, similar to those of the rest of the Autonomous Communities.

In the exercise of these special competences or regional law Navarre, the Navarre institutions, continuing with the tradition of the pact, have been agreeing or agreeing with the State the adaptation of its regime to avoid distortions or differences with other territories. However, one thing is the adaptation and another the Withdrawal to historical rights, perhaps out of ignorance. This is the case, for example, of considering that only agreed taxes are skill Navarre, with those not agreed corresponding to the State, which would mean denying Navarre's fiscal sovereignty.

The value of regional law today is to demonstrate the survival of a regime that has been able to adapt to the times and has shown loyalty and solidarity. This regime, rather than being lost, should be preserved and even, why not, be a model exportable to other territories.