Canary Islands Statute of Autonomy

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The Statute of Autonomy of the Canaries ( Spanish Estatuto de Autonomía de Canarias ) is an organic law that regulates the state order of the Autonomous Community of the Canaries ( Spanish Comunidad Autónoma de Canarias ) within the Spanish Kingdom. The Canaries' first statute of autonomy was issued in 1982 and changed in 1996. A new statute came into force on November 6, 2018. It differs in both structure and content from the 1982 statute.

Legal meaning

Under the Constitution of the Kingdom of Spain , a Statute of Autonomy is the basic institutional norm of the respective Autonomous Community. The responsibilities of the Autonomous Communities as defined in the Statutes of Autonomy vary from one statute to another. They represent concessions by the central state to the respective community. Changes or new versions of the statutes of autonomy are proposed by the regional governments or parliaments, but are finally passed, often in greatly modified form, as an organic law by the Cortes Generales . In some autonomous communities, after the adoption by the Cortes, the approval of the population in a referendum is necessary for the entry into force.

Historical basis of the Statute of Autonomy

In the preamble of the Canary Islands Statute of Autonomy, reference is made to the long tradition of economic, political and administrative peculiarities of the Canaries as an archipelago, which have developed since they were incorporated into the kingdoms of the Crown of Castile .

At the beginning of modern times , an urban system of government emerged on the “royal islands” ( Spanish islas realengas ) Gran Canaria , Tenerife and La Palma , as a result of the centralized policy of the Catholic Kings . In contrast, on the "stately islands" ( Spanish islas del señorío ) Lanzarote , Fuerteventura , La Gomera and El Hierro , which were ruled by different noble families, a lordship -oriented administration was operated on the individual islands. Until the beginning of the 19th century, each island formed an urban area with its own independent Cabildo (city administration). These Cabildos as the core of the administration of the individual islands were resumed in 1913 with the establishment of the Cabildos Insulares , which take care of the particular interests of the individual islands. In addition to the Cabildos, the Real Audiencia de Canarias (the supreme court), a bishop and the captain general were the central organs responsible for all islands between the 16th and 18th centuries .

From the very beginning, the Crown of Castile has allowed the islands' inhabitants to freely dispose of the resources and granted a system of duty and trade freedom for the island's inhabitants. They used the peculiarities of their economic and institutional system to cultivate all kinds of relations with Europe. They enriched colonial societies in America, especially in Cuba , Venezuela , Uruguay and Texas and created an exchange of material and cultural values ​​between both sides of the Atlantic .

In the course of time a whole collection of special laws emerged that shaped the peculiarities of the Canarian system. This included the law on the free ports of 1852. The regulations of customs and economic freedom have created a socio-economic and cultural modernization with which the deep integration of the Canary Islands with the European and international economy came about. The 1972 Law on Economic and Tax Regulations was a new milestone in development. Its real political implementation only happened after the creation of democracy through the constitution of the Kingdom of Spain from 1978 and through the first statute of the Canary Islands in 1982.

content

Apart from the preamble and the introduction ( Spanish Título Preliminar ), the Statute of Autonomy is divided into seven main parts ( Spanish Títulos ), some of which consist of several chapters ( Spanish Capitulos ), these are continuously divided into 202 articles ( Spanish Articulos ). There are also six additional articles and two transitional provisions. In the 1982 Statute of Autonomy, 65 articles and five additional provisions governed mainly organizational matters. The Statute of Autonomy of 2018 also contains guidelines that oblige the state to follow a certain policy. This is done through a detailed description of fundamental rights, protection obligations and calls for cooperation.

introduction

In the introduction, is the large distance to the Iberian Peninsula , the particular nature of the Community of the archipelago and its status as a territory of the European Union in the outermost regions ( Spanish Regiones Ultraperiféricas noted). A status that allows these areas to be granted specific measures and benefits that are exceptions to the otherwise applicable provisions of European law.

In Article 4 of the Statute of Autonomy, a previously unusual definition of the area is made. Here, the surface of the islands is not used as a delimitation of the territory, but the marine area between the islands is included as spatially belonging ( Spanish ámbito espacial ). While the right of the autonomous community has so far ceased at the waterline, the inclusion of the water surface gives a greater say in the use of the sea. This concerns z. B. both oil drilling and fishing issues in coastal waters.

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Spatial expansion of the Canary Islands Autonomous Community

Basic personal rights and guiding principles

Article 11 (2) stipulates that state authorities protect the right to equal treatment and discrimination on the basis of gender, race, origin, ethnicity, political and religious views, age, disability, sexual orientation and identity , illness, language, or any other personal or social situation or circumstance. The prohibition of discrimination does not preclude positive action for the benefit of disadvantaged groups and individuals. In the following articles these rights in relation to the u. U. affected persons or groups of persons described in detail. The Canarian authorities are obliged in Article 37 to adopt the requirements listed in 30 paragraphs as guidelines for their policies.

State organs

houses of Parliament

The unicameral parliament of the Autonomous Community of the Canaries is elected according to the proportional representation system. Each of the islands of El Hierro, Fuerteventura, Gran Canaria, La Gomera, Lanzarote, La Palma and Tenerife forms a constituency in which different numbers of members are elected depending on the number of inhabitants. In addition, the statute of autonomy of 2018 provides for the entire area of ​​the Canary Islands to be set up as an additional constituency. It is planned that one vote for one of the lists of the island and one more vote for one of the lists of the entire Autonomous Community.

President and Government

The Parliament elects the President of the Canary Islands from among its members ( Spanish Persona titular de la Presidencia de Canarias ). The elected person is appointed by the king . The President appoints the Vice-President and the members of the government ( Spanish Consejeros ). He is responsible for government policy towards parliament. He is the highest representative of the Canaries. Under Article 56 of the 2018 Statute of Autonomy, the President can dissolve Parliament under certain conditions.

Cabildos insulares

Cabildos Insulares are chosen on the islands of El Hierro, Fuerteventura, Gran Canaria, La Gomera, Lanzarote, La Palma and Tenerife . The island of La Graciosa is administratively attached to Lanzarote. The Cabildos Insulares are organs of government, representation and administration of each island. The extensive tasks of the Cabildos are described in detail in Article 70.

Cities

The municipalities as local units enjoy as independent legal persons the right to carry out their tasks with complete freedom. Your government, representation and administration lies with the city administrations ( Spanish Ayuntamientos ).

Legal system

The main part IV deals with the organization of the legal system. This is regulated uniformly throughout the kingdom by an organic law. Both the Constitution and the statutes of autonomy see the presence of the Supreme Courts ( Spanish Tribunales Superiores de Justicia before), whose jurisdiction is the respective Autonomous Community. Even if the judges of the Supreme Courts etc. A. Special knowledge of local law is required, the organs of the communities have no direct influence on the staffing of the legal positions. In some cases you have the right to make proposals.

Responsibilities

In the main part V the different competences of the Autonomous Community of the Canary Islands within the framework of its own legislation, in the implementation of these laws and in the implementation of the laws of the central state are presented. Among other things, the following matters will be dealt with:

Organizational and administrative matters

The Autonomous Community of the Canary Islands has exclusive responsibility for the organization, the system of operations of its administration, as well as for the division of the local administrative units.

Economy and Taxes

The Autonomous Community of the Canaries has exclusive responsibility for planning and promoting economic activity in the Canaries. The Autonomous Community of the Canary Islands has the power to regulate matters of Canarian VAT ( Spanish Impuesto General Indirecto Canario IGIC ) and taxes on the import and delivery of goods to the Canary Islands.

Industrial activity, trade and tourism

The Autonomous Community of the Canary Islands has exclusive competence in matters of tourism. This concerns the planning of tourism including the definition of the criteria and preconditions for the expansion and development of the tourist offer as well as the planning of the infrastructure. As part of the tourism promotion, the Autonomous Community of the Canary Islands can also open offices abroad.

Original production

The Autonomous Community of the Canary Islands has exclusive competence in matters relating to agriculture, livestock and hunting. In the waters as indicated in Article 4 of these statuses, it has jurisdiction in matters of fishing in accordance with state legislation.

Education, research, culture and sport

The Autonomous Community of the Canary Islands is responsible for the legislation and implementation of primary and secondary school matters . As part of the autonomy of the universities , it is also responsible for university education and for sports and leisure activities. The Autonomous Community of the Canary Islands has exclusive competence for cultural matters relating to artistic and cultural activities in the Canary Islands. The cultural heritage has been a complex that has been perceived by the Autonomous Community of the Canaries as particularly important for identity since 1985, as well as the intangible goods of the folk culture of the Canaries and the linguistic peculiarities of the Spanish that is spoken in the Canaries.

Employment, health and social policy

Within the framework of national legislation, the Autonomous Community of the Canary Islands is responsible for the execution of matters relating to employment and employment relationships. This particularly applies to the professional qualification of employees.

The Autonomous Community of the Canary Islands has exclusive responsibility for the organization, internal workings, assessment, review and control of health centers, services and facilities. The Autonomous Community of the Canary Islands has exclusive competence in the field of social services.

The Autonomous Community of the Canary Islands has exclusive competence in matters of housing. This applies in particular to the regulation and planning of the promotion, protection and quality control, as well as the review and approval in housing matters in accordance with social needs.

safety

The Autonomous Community of the Canaries is responsible for the creation, organization and maintenance of a Canarian Police . It is also responsible for the general regulation and inter-city coordination of the local police forces .

The Autonomous Community of the Canary Islands has jurisdiction in matters of civil protection, including fire protection , in accordance with national laws

Regulation of natural resources

The Autonomous Community of the Canary Islands is responsible for the regulation, planning and management of all water resources and all types of use and utilization in accordance with national laws.

The Autonomous Community of the Canary Islands has the competence to develop laws and to implement state laws in matters of environmental protection. It has exclusive competence in matters relating to nature reserves in the Canary Islands.

Infrastructure

The Autonomous Community of the Canary Islands has exclusive competence in matters of land transport of people and goods and sea transport that moves within the area of ​​the archipelago. It has exclusive responsibility for the road and rail network. The Autonomous Community of the Canary Islands has very limited jurisdiction over the major ports and airports.

Economic and tax system

The Canary Islands have a particular economic and tax system that corresponds to their historical and constitutional heritage. The economic and tax system of the Canary Islands is based on the economic freedom of import and export, on the non-application of monopolies, on the state tax exemption on consumption, on a differentiated state policy and an indirect taxation, which results from the recognition of the Canary Islands as Outermost region in the European Union. The Autonomous Community of the Canary Islands has the power to set up and collect its own taxes in accordance with the constitution and the law. This system can only be changed under difficult conditions by the Cortes with the consent of the Autonomous Community of the Canary Islands.

Simultaneously with the new statute, the Cortes decided to change the economic law for the Canaries.

External relations

The main part VII deals with the external relations of the Autonomous Community of the Canary Islands. It is stated that the government of the Canary Islands can in principle only maintain external relations subject to the reservation of the higher level representation and responsibility of the central government in Madrid. In this context, she should take part in negotiations within the European Union and with the neighboring countries of the Canary Islands and represent her concerns. The government of the Canary Islands provides for an independent appearance in cultural cooperation with neighboring countries and countries in which the communities of former citizens of the islands are located. In addition, offices are to be opened abroad as part of tourism advertising.

Procedure for changing the statute

Article 200 defines the general procedure for amending the statute. The proposed change can be introduced by the government of the Canary Islands or by a fifth of the members of the Canarian Parliament. The change requires the approval of three fifths of the members of the Parliament of the Autonomous Community of the Canary Islands and the adoption as an organic law by the Cortes Generales in Madrid. Finally, a referendum on the new version of the statute is necessary.

Transitional provision for parliamentary elections

The first transitional provision ( Spanish Disposición transitoria primera ) prescribes the new electoral law, which is valid until a new electoral law comes into force. The number of members of the Canary Islands Parliament is set at 70. Each island forms an electoral district in which 3 to 15 members are elected according to proportional representation, depending on the number of inhabitants . So 61 seats are distributed to the constituencies of the islands in the following form: 3 for El Hierro, 8 for Fuerteventura, 15 for Gran Canaria, 4 for La Gomera, 8 for Lanzarote, 8 for La Palma and 15 for Tenerife. With the exception of the increase in the number of MPs from Fuerteventura, this corresponds to the previous procedure. What is new is that nine seats will also be awarded in a constituency that extends over the entire territory of the autonomous community of the Canary Islands. The threshold clause has been reduced from 30% to 15% for an island and from 6% to 4% for the entire area. The question of whether the voting in the constituencies of the islands and in the constituency of the entire Autonomous Community should take place on one or separate ballot papers with the possibility of vote splitting or by transferring the votes of the individual constituencies to the entire constituency is not regulated in the transitional provision.

Individual evidence

  1. ↑ Centro de Estudios Políticos y Constitucionales .: Estatutos de autonomía. Ministerio de la Presidencia, 2010, accessed on November 14, 2018 (Spanish, links to all statutes of autonomy (as of 2010)).
  2. ^ Román Delgado: Diez años detrás de la reforma del estatuto. El Diario, February 27, 2017, accessed August 14, 2018 (Spanish).
  3. ↑ Cortes de España: Ley Orgánica 1/2018, de 5 de noviembre, de reforma del Estatuto de Autonomía de Canarias. Jefatura del Estado, 2018, accessed November 18, 2018 (Spanish).
  4. ^ Consejería de Economía, Industria, Comerio y Conocimiento: Canarias: región ultraperiférica. Gobierno de Canarias, 2015, accessed November 25, 2018 (Spanish).
  5. ↑ Efe: Única comunidad con mar. La Opinión de Tenerife, July 26, 2018, accessed November 14, 2018 (Spanish).
  6. ↑ Corrección de errores de la Ley Orgánica 1/2018, de 5 de noviembre, de reforma del Estatuto de Autonomía de Canarias. April 28, 2003, Retrieved August 7, 2018 (Spanish).
  7. ^ Efe: El nuevo sistema electoral canario se aplica incluso sin desarrollo legal. Canarias 7, October 30, 2018, accessed November 23, 2018 (Spanish).
  8. ↑ Ley Orgánica 6/1985, de 1 de julio, del Poder Judicial. BOE-A-1985-12666
  9. ↑ Article 166 of the Statute of Autonomy of 2018
  10. ↑ Cortes de España: Ley 8/2018, de 5 de noviembre, por la que se modifica la Ley 19/1994, de 6 de julio, de modificación del Régimen Económico y Fiscal de Canarias. Jefatura del Estado, 2018, accessed November 18, 2018 (Spanish).
  11. ^ Efe: El nuevo sistema electoral canario se aplica incluso sin desarrollo legal. Canarias 7, October 30, 2018, accessed November 23, 2018 (Spanish).

Web links

The opinión: Cuenta atrás para el nuevo Estatuto de Autonomía. La opinión, September 16, 2018, accessed November 14, 2018 (Spanish).