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The Improvement
Reintegration of the Fueros
Carlos III façade of the Carlos III facade of the Diputación Foral de Navarra
Following the approval of the Spanish Constitution of 1978, the first to expressly protect and respect Navarre’s historical rights, a system was introduced to democratise Navarre’s institutions.
Elections were held by universal suffrage in 1979 for the Parlamento Foral – the first autonomous parliament in Spain – and the Diputación Foral. The following year saw the beginning of the process for negotiating a treaty that would renew Navarre’s legal and institutional framework, which concluded with the enactment in 1982 of the Ley Orgánica de Reintegración y Amejoramiento del Fuero de Navarre (LORAFNA). This may now be seen as the essential framework for Public Law in Navarre.
The Amejoramiento (Improvement) means that the regimen foral has been brought up to date and it further extends the centuries old right to self-government. There follows a list of some of its more significant provisions:
Article 1.
Navarre constitutes a Comunidad Foral with its own system of governance, autonomy and institutions, forming an integral part of the Spanish nation and on an equal standing with all its peoples.
Article 2.
- The original and historical rights of the Comunidad Foral de Navarra shall be respected and safeguarded by the authorities in accordance with the Law of 25 October 1839, with the Ley Paccionada of 16 August 1841 and supplementary provisions, with the present Organic Law and with the Constitution.
- Exception is made of the powers of the State inherent to constitutional unity.
Article 3.
The aim of the Amejoramiento is:
- To improve the Régimen Foral of Navarre in all those faculties and competencies compatible with constitutional unity.
- To organise the foral institutions of Navarra on a democratic basis.
- To uphold all those faculties and competencies pertaining to the Régimen Foral of Navarre.
Article 4.
The territory of the Comunidad Foral de Navarra consists of the municipalities constituted in its historical Merindades, or districts, of Pamplona, Estella, Tudela, Sangüesa and Olite.
Article 7.
- The coat of arms of Navarre consists of gold chains on a red background, with an emerald in the centre of the nexus between its eight arms of links and, above them, the Royal Crown, the symbol of the ancient Kingdom of Navarre.
- The flag of Navarre is red, with the coat of arms in the centre.
Article 8.
The capital of Navarre is the city of Pamplona.
Article 9.
- Spanish is the official language of Navarre.
- The Basque language also holds the status of official language in the Basque-speaking areas of Navarre.
Article 10.
The foral institutions of Navarre are: the Parliament, or Cortes, of Navarre, the Government of Navarre or Diputación Foral, and the President of the Government of Navarre or Diputación Foral.
Article 11.
The Parliament represents the people of Navarre, wielding legislative power, approving the Budgets and the Accounts of Navarre, furthering and controlling the actions of the Diputación Foral and undertaking all other duties assigned to it in accordance with current legislation.
Article 23.
The Government of Navarre constitutes the ruling body, consisting of the President and Ministers, and determines general policy and manages the administration of the Comunidad Foral. It is imbued with executive powers.
Article 45
By virtue of its regimen foral, taxation and financial business in Navarre is regulated by the traditional arrangement of the Convenio Económico, subscribed by the Government of the Nation and the Diputación Foral, and submitted to the respective Parliaments for their approval by means of ordinary law.
Article 46.
In matters of Local Authorities, Navarre is imbued with the powers and competencies that it currently holds, and which have their origin in the Ley Paccionada of 16 August 1841. The Government of Navarre exercises the control of the legality and general interest of the conduct of the Municipalities, Councils and Local Entities in Navarre.
Article 48.
- Navarre has sole rights in matters of Foral Civil Law.
- The observance, amendment and development of the current Code of Foral Civil Law or Fuero Nuevo of Navarre shall be performed, as appropriate, by a Foral Law.