Los derechos históricos de Euskadi y Navarra ante el derecho comunitario

Ezeizabarrena Sáenz, Xabier

Publication year:

2002

Publication place:

Donostia-San Sebastián

ISBN:

84-8419-907-X

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Summary

The Basque Country and Navarre are facing difficult legal challenges in terms of incorporation into European Community law, by virtue of the scarce possibilities they are afforded for the defence of their Historical Rights. The European Community has assumed jurisdiction in various areas, with the consequent influence on the jurisdictions of the Basque Country and Navarre, whose margin of manoeuvre have been considerably affected. The Historical Rights are exercised and defended against the State. The State then recognises and constitutionally assumes such rights, which should also be exercised vis-à-vis the European Community, since they have been recognised by the Spanish State itself. A different matter is that the mentioned Historic Rights endorse the need that it is the Basque Country and Navarre who are to defend these rights before the European Community. Such rights should not be defended by the State, as it is not the State that is entitled to these rights, it merely recognises their existence in the Constitution.