The 1936 Basque Statute of Autonomy: Context and Impact

Posted on Jan 4, 2026 in Law & Jurisprudence

The Statute of Autonomy of 1936

This document is a Primary Source, structured as a legal text with significant political content.

  • Authorship: Junta formed by Parliament (Indalecio Prieto, President; José Antonio Aguirre, Secretary), confirmed by the Cortes.
  • Addressed To: Inhabitants of the Basque territories (especially nationalists) and the general public.
  • Objective: To establish a new legal framework for the autonomy composed of Álava, Biscay (Bizkaia), and Gipuzkoa.
  • Location & Date of Approval: Approved in Valencia on October 1st and published in the Gazeta de Madrid on October 7th, 1936.
  • Context: Approved during the Second Republic and the first months of the Civil War, under the Popular Front Government (Largo Caballero, President).

Structure and Key Provisions of the Statute

The Statute is divided into three main sections: Introduction, Articles, and Transitory Provision.

Introduction and Articles

  • The Introduction presents the authors of the text, identified as “The Congress of Deputies.”
  • The Articles are structured to develop specific ideas:
    • Article 1: Explains that Biscay, Gipuzkoa, and Álava form an autonomy within the Spanish State, respecting the 1931 Constitution. The territory adopted the name Basque Country. It recognizes the right to have its own government and establishes Basque and Spanish as official languages.
    • Article 5: Recognizes specific powers for the Basque autonomy, including internal protection and its own police force (the Ertzaña) to ensure public order.
    • Article 10: States that the powers of the Basques are based on the people (the idea of national sovereignty). It establishes the bases for legislative and executive power. The legislative power would be elected by universal suffrage, and the executive power would be under the control of the legislative board, with the Lehendakari as the main representative maintaining relations with the Republic.

Transitory Provision and Government Formation

The Transitory Provision addresses the formation of a provisional government, necessitated by the extraordinary situation of the Civil War: “as long as… circumstances produced by the civil war last.”

Since elections could not be called, the process for electing the first Lehendakari was established:

  1. Eight days after the Statute’s approval, councilors of the towns (city councils under Republican control) would freely vote for the election of the Basque Government’s Lehendakari.
  2. This process would be certified by the Civil Governor of Biscay (Bizkaia), as the war situation prevented this in other provinces.
  3. The Lehendakari would then form the government, which was required to have at least five members.

Historical Context: The Road to Autonomy (1931–1936)

This text is placed in the context of the Civil War and the approval of the autonomy statute of the Basque Country, a complex process that extended from 1931 to 1936.

Precedents to the 1936 Statute

The Constitution of 1931 (Article 12) established the process for the approval of Statutes of Autonomy, collecting that right and making the way possible. However, unlike Catalonia, the process in the Basque Country was complicated:

  • The PNV (Basque Nationalist Party) did not participate in the signing of the Pact of San Sebastián (1930).
  • Political forces favoring autonomy held differing views on the subject.
  • The Left distrusted the coalition formed between the PNV and the Carlists in the June 1931 elections.

Failed Statute Projects

The 1936 Statute was not the first attempt; two previous projects were developed:

  1. The Statute of Lizarra (1931): Drafted and approved at an assembly of nationalist and Carlist mayors. This project, characterized by its right-wing and confessional ideology, was rejected by the Cortes because it was incompatible with the Constitution, particularly regarding religious matters.
  2. The Statute of the Juntas Gestoras (1933): This project was more democratic and non-denominational but offered a lower level of autonomy. Highlighted disagreements arose with the Carlists and the fact that Navarre would be left out of the project. Following the victory of right-wing parties in the November 1933 elections, this project was suspended.

Therefore, both initial attempts failed.

Approval During the Popular Front and Civil War

The process for approving the new Statute of Autonomy of 1936 resumed following the victory of the Popular Front in the February 1936 elections. A commission was formed in Parliament (Indalecio Prieto, President; José Antonio Aguirre, Secretary) using the 1933 Statute text as a basis.

The process was rapid, with the text nearly finished by June 1936. Even so, there was still a lack of agreement in terms of finance due to the opposition of the right-wing deputies. For them, the statute was incompatible with the economic agreement, though this was often seen as an excuse to delay approval.

The outbreak of the Civil War significantly conditioned the Statute’s characteristics. Consequently, a short statute was drafted, composed of five titles and four additional provisions, covering:

  • General provisions
  • Powers and governance of autonomy
  • Organic section
  • Finance and reform of the statute

All mentions related to Navarre were eliminated (unlike the Statute of the Juntas Gestoras, which recognized the right of access), and any mention of the recovery of the Fueros (historical rights) also disappeared.

The Statute established the manner of election for the Lehendakari under wartime conditions. José Antonio Aguirre was elected and formed a government with members from all political parties loyal to the Republic at that time.

Consequences and Limited Application

The Civil War had a remarkable influence on the Statute’s application. Its implementation was limited only to the territories under the dominion of the Republic, primarily Biscay (Bizkaia).

Due to the wartime situation, the Basque Government was entrusted with matters beyond its standard competence, such as war and defense issues. This led to the creation of the Euzko Gudarostea (Basque Army), currency issuance, direct international relations, and control of postal services. In this way, autonomous Euskadi functioned almost as an independent state, known historically as the “Basque Oasis.”

This situation was short-lived. In June 1937, Bilbao fell under the control of the Nationalist army, and the Statute was subsequently abolished.

Conclusion: Importance and Legacy

This document was of utmost importance as it marked the culmination of a long and complex process begun in 1931. It represents the first time that Euskadi appeared as a political subject and serves as the precedent for the current Statute of Autonomy of the Basque Country.

It must be recognized that the Statute was totally conditioned by the Civil War, resulting in a special structure (articles and additional provisions) and limited application only to the territories controlled by the Republic (Biscay).