Galician Statute of Autonomy of 1981
Encyclopedia
The Galician Statute of Autonomy of 1981 is the current basic institutional norm of Galicia. The Galician Government
, Parliament
and High Court of Galicia
are regulated by it.
that had been drafted and voted in 1936. This earlier Statute could not be implemented due to the Francoist
revolt and the Spanish Civil War
, which started in 1936.
Hence, with the end of the Francoist dictatorship in 1977, a process of devolution
began in the Spanish State
. This political and administrative process took form in the passing of the Statutes of Autonomy, regulated by the Spanish Constitution of 1978.
On 16 March 1979, Galicia attained the rank of "pre-autonomous community", and in June 1979 Galician members to the Spanish Parliament submitted a draft for a Statute of Autonomy. Once the Constitutional Committee and the Spanish Parliamentary Assembly altered this first draft, it was finally ratified by the Galician people
in a referendum held in December 1980. It came into effect on 6 April 1981 after being signed by King Juan Carlos I of Spain and by Leopoldo Calvo Sotelo
, President of the Spanish government, in the Spanish Royal Palace. Galicia then became an autonomous community.
However, this new Statute soon came under intense criticism as it was considered not sufficiently ambitious. The 1981 Statute was not initially supported by Galician nationalist parties
since they considered it "limited" compared to the 1936 one. For example, the 1936 statute
endorsed Galicia with control over the economy and taxes, and also with the unique power to nationalize, rights not contemplated in 1981, among others. Nevertheless, the 1981 statute formed the cornerstone of future Galician political evolution, despite it being an end in itself for some and a point of departure for others.
, a cultural and geographical unit entitled to self-government in democracy.
The Statute recognises Galicia the following specific powers, abilities and competencies (among others):
Some of these rights and powers have not been exercised, or not fully. Some other have. Still, the Galician government is entitled to request the transfer of further competencies to the Spanish Parliament by means of an organic law
. In this fashion, Galicia gains further powers slowly but gradually. Still, certain issues are reserved for the Spanish government only as specified by the Spanish Constitution (1978). These include the military and international relations. Likewise, the right for self-determination
(claimed by nationalist groups
) is not recognised either.
.
Yet, it was mentioned that the new Statute should recognise Galicia not just as an historical nationality, but as a nation
. This issue was frontally rejected by the PPdeG and therefore conversations were put on hold. Although there is a still a parliamentary commission working on the development of a draft for a new Statute, it is expected that political discussions on the question of "nationality" will not be resolved easily.
Xunta de Galicia
The Xunta de Galicia is the collective decision-making body of the government of the autonomous community of Galicia, composed of the President, the Vice-President and the specialized ministers ....
, Parliament
Parliament of Galicia
The Galician Parliament is the unicameral legislature of the autonomous community of Galicia, Spain. It is formed by 75 deputies . Deputies are elected every four years in ordinary period, or extraordinarily upon dissolution and call of elections by the President of the Xunta of Galicia, by...
and High Court of Galicia
High Court of Galicia
The High Court of Justice of Galicia is the highest body and last judicial instance in the Galician jurisdiction, integrating the Spanish judiciary...
are regulated by it.
Genesis of the 1981 Statute
The Statute passed in 1981 has its precedent in the StatuteGalician Statute of Autonomy (1936)
The Galician Statute of Autonomy was a statute of autonomy for Galicia. It was voted in referendum and presented to the Spanish Parliament. Yet, it could never be implemented because of the Spanish Civil War and subsequent Francoist dictatorship...
that had been drafted and voted in 1936. This earlier Statute could not be implemented due to the Francoist
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
revolt and the Spanish Civil War
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
, which started in 1936.
Hence, with the end of the Francoist dictatorship in 1977, a process of devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
began in the Spanish State
Spanish State
Francoist Spain refers to a period of Spanish history between 1936 and 1975 when Spain was under the authoritarian dictatorship of Francisco Franco....
. This political and administrative process took form in the passing of the Statutes of Autonomy, regulated by the Spanish Constitution of 1978.
On 16 March 1979, Galicia attained the rank of "pre-autonomous community", and in June 1979 Galician members to the Spanish Parliament submitted a draft for a Statute of Autonomy. Once the Constitutional Committee and the Spanish Parliamentary Assembly altered this first draft, it was finally ratified by the Galician people
Galician people
The Galicians are an ethnic group, a nationality whose historical homeland is Galicia in north-western Spain. Most Galicians are bilingual, speaking both their historic language, Galician, and Castilian Spanish.-Political and administrative divisions:...
in a referendum held in December 1980. It came into effect on 6 April 1981 after being signed by King Juan Carlos I of Spain and by Leopoldo Calvo Sotelo
Leopoldo Calvo Sotelo
Leopoldo Calvo-Sotelo y Bustelo, 1st Marquis of the Ría of Ribadeo and Grandee of Spain was a Spanish political figure and prime minister during the period of transition after the end of Francisco Franco's regime.-Biography:...
, President of the Spanish government, in the Spanish Royal Palace. Galicia then became an autonomous community.
However, this new Statute soon came under intense criticism as it was considered not sufficiently ambitious. The 1981 Statute was not initially supported by Galician nationalist parties
Galician nationalism
Galician nationalism is a political movement arguing for the recognition of Galicia as a nation. The political movement referred to as modern Galician nationalism was born at the beginning of the twentieth century from the idea of Galicianism.- Ideology :...
since they considered it "limited" compared to the 1936 one. For example, the 1936 statute
Galician Statute of Autonomy (1936)
The Galician Statute of Autonomy was a statute of autonomy for Galicia. It was voted in referendum and presented to the Spanish Parliament. Yet, it could never be implemented because of the Spanish Civil War and subsequent Francoist dictatorship...
endorsed Galicia with control over the economy and taxes, and also with the unique power to nationalize, rights not contemplated in 1981, among others. Nevertheless, the 1981 statute formed the cornerstone of future Galician political evolution, despite it being an end in itself for some and a point of departure for others.
Powers endorsed by the Statute
The Galician Statute of Autonomy (1981) recognises Galicia as a historical nationalityNationalities in Spain
Historically, the modern country of Spain was formed after the process known as Reconquista.Several independent Christian Kingdoms and political entities mostly independent were formed by their own inhabitants efforts under aristocrat leadership and coexisted with the Muslim Iberian states and had...
, a cultural and geographical unit entitled to self-government in democracy.
The Statute recognises Galicia the following specific powers, abilities and competencies (among others):
- The organisation of the self-government institutions
- The regulation of Galician national symbols: flagFlag of GaliciaThe flag of Galicia was created in the 19th century as a copy of the flag of the Galician maritime province of A Coruña.-Legend:During the 19th century many thousands of Galicians emigrated to the Americas; A Coruña was the main Galician port from which they departed...
, anthemOs PinosOs Pinos is the anthem of Galicia. The lyrics are by Eduardo Pondal and the music by Pascual Veiga. It was composed in Havana, Cuba, where it was performed for the first time in 1907...
and coat of armsCoat of arms of Galicia (Spain)The coat of arms of Galicia is described in the Spanish Law 5 of May 29, 1984, the Law of the symbols of Galicia.-Description:The coat of arms of Galicia includes, enclosed in a field of azure, a chalice of gold with a silver host, accompanied by seven silver crosses, three on each side and one in... - The creation of new municipalities and territorial adjustments in existing ones. The establishment of the comarca (region) and the parroquia (parish) as official administrative territorial tiers
- The development of policies for territorial management, urban management and housing
- The planning and development of public works
- The management of railways and roads whose infrastructures entirely belong to the autonomous community
- The management of harbours, heliports and recreational airports and, in general, those not involved in commercial activities
- The implementation of policies in relation to agriculture and farming, in accordance with the State's general law of economy
- The management of forestry and the development and exploitation of public land
- Management of the environment and protection of nature
- Projects relating to the construction and management of irrigation activities involving the upkeep of channels, hydraulic functions and mineral and thermal waters
- Legal regulation of fishing in inland waters, fisheries, hunting, river fishing and shellfish exploitation
- The regulation, promotion and management of festivals, fairs and markets
- The promotion of the economic development of the Autonomous Community within the objectives established in the national economic policy
- The protection, promotion and management of handicraft and fine arts
- The management of museums, libraries and music schools
- Heritage management
- The promotion of culture, research and investigation. The Galician government has the right and obligation to use and promote the Galician languageGalician languageGalician is a language of the Western Ibero-Romance branch, spoken in Galicia, an autonomous community located in northwestern Spain, where it is co-official with Castilian Spanish, as well as in border zones of the neighbouring territories of Asturias and Castile and León.Modern Galician and...
at all levels - Promotion of sport and management of sporting and leisure activities
- Social assistance (social work)
- The management of the health system. Management of sanitary and hygiene services and infrastructures
- Surveillance and protection of buildings and installations
- The right to create an independent police force
- The control and management of foundations and co-operatives, casinos and gambling, trade centres for goods and asset values, and fishing associations
- Competencies regarding environmental management, landscape and nature protection
- Competencies regarding forestry and woodland use and management, as well as the management of inland waters
- Control and protection of the Galician coast (except for international issues)
- Galicia has its own institute of statistics and a number of other official scientific institutes, regulated by law
- The Galician government has almost exclusive competencies on education at all levels (schools and universities), and cultural issues in general
- The regulation of advertising and publicity
- Galicia has its own public radio and television broadcasting company (CRTVG), regulared by law
- The Galician government regulates pharmaceutical services
- The Galician government has extended competencies in the management of fishing harbours, the fishing sector, sea rescue, mines and energy exploitation
- Industrial and intellectual property is responsibility of the Galician Government
- The Galician government has additional competencies in public finance, taxes, and management of the economy and internal market, in accordance with the general regulations of the Spanish state.
- The Galician government has the right to create, modify and implement its own legal system, in accordance with the general regulations of the Spanish state. This is officially known as the Galician Civil Code (noted in Art. 27, fourth point, of the statute of autonomy)
- The Galician government has full powers in tourism management and promotion.
Some of these rights and powers have not been exercised, or not fully. Some other have. Still, the Galician government is entitled to request the transfer of further competencies to the Spanish Parliament by means of an organic law
Organic law
An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
. In this fashion, Galicia gains further powers slowly but gradually. Still, certain issues are reserved for the Spanish government only as specified by the Spanish Constitution (1978). These include the military and international relations. Likewise, the right for self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
(claimed by nationalist groups
Galician nationalism
Galician nationalism is a political movement arguing for the recognition of Galicia as a nation. The political movement referred to as modern Galician nationalism was born at the beginning of the twentieth century from the idea of Galicianism.- Ideology :...
) is not recognised either.
Reform of the Statute
With the establishment of the new Galician government following the elections of 2005, debates were initiated in the Parliament on a possible reform of the Statute. Indeed, reform of the Statute and further devolution had been on the agenda of the new parties in government: the Galician Socialist Party and, namely, the Galician Nationalist Bloc. A consensus was sought with the third party in the chamber, the PPdeGPeople's Party of Galicia
The People's Party of Galicia is a centre-right political party in Galicia, Spain. It is the Galician affiliate of the Spanish People's Party....
.
Yet, it was mentioned that the new Statute should recognise Galicia not just as an historical nationality, but as a nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
. This issue was frontally rejected by the PPdeG and therefore conversations were put on hold. Although there is a still a parliamentary commission working on the development of a draft for a new Statute, it is expected that political discussions on the question of "nationality" will not be resolved easily.
See also
- Galician Statute of Autonomy (1936)Galician Statute of Autonomy (1936)The Galician Statute of Autonomy was a statute of autonomy for Galicia. It was voted in referendum and presented to the Spanish Parliament. Yet, it could never be implemented because of the Spanish Civil War and subsequent Francoist dictatorship...
- Autonomous Community
- Historical nationalities
- Galician nationalismGalician nationalismGalician nationalism is a political movement arguing for the recognition of Galicia as a nation. The political movement referred to as modern Galician nationalism was born at the beginning of the twentieth century from the idea of Galicianism.- Ideology :...
- History of GaliciaHistory of GaliciaThe Iberian Peninsula has been inhabited for at least 500,000 years, first by Neanderthals and then by modern humans.-Megalithic culture:Galicia, northern Portugal, Asturias, western León, and Zamora formed a single megalithic area since the Neolithic and Chalcolithic Ages, around 4500–1500...
- DevolutionDevolutionDevolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
External links
- Reforma do Estatuto de Autonomia de Galiza - site hosted by the Galician Parliament dedicated to the reform of the Statute (in Galician)
- Full text of the Statute (in Galician)