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The Galician Statute of Autonomy (Estatuto
de Autonomia da Galiza) of 1981 is the current basic
institutional norm of Galicia. The Galician
Government, Parliament and High
Court of Galicia are regulated by it.
Genesis of the 1981
Statute
The Statute passed in 1981 has its precedent in the Statute 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[1]. 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.
Powers endorsed by the
Statute
The Galician Statute of Autonomy (1981) recognises Galicia as a
historical nationality, 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: flag, anthem and coat of arms
- 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
language 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.[2]
- 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. 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.
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 PPdeG.
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,[3] it is
expected that political discussions on the question of
"nationality" will not be resolved easily.[4]
References
- Fossas, E. and Requejo, F. [eds.] (1999): Asimetría y
plurinacionalidad en el Estado Autonómico. Trotta, Madrid
- Hooper, J. (1986): The Spaniards. A New Portrait of
Spain. Viking Press, New York
- Mar-Molinero, C. and Smith, A. [eds.] (1996): Nationalism
and the Nation in the Iberian Peninsula. Competing and Conflicting
Identities. Berg, Oxford – Washington DC
- Núñez Seixas, X.M. (1999): “Autonomist regionalism within the
Spanish State of the Autonomous Communities: an interpretation”, in
Nationalism and ethnic politics, vol. 5, no. 3-4, pp.
121-141
Notes
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