The Autonomous Region of Valencia: History, Legal System, and Governance

Posted on May 25, 2024 in Law & Jurisprudence

Lesson 1. Emergence and Evolution of the Autonomous Region of Valencia

Background to the Existence of the Institutions of Self-Government of Valencia

Valencian institutions disappeared in 1707 with the Decree of Nueva Planta. To understand these institutions, we must go back to the old regime.

These institutions were feudal in nature and did not represent the people, but rather served the interests of the Valencian elites (nobles and bourgeois).

The Decree of Nueva Planta imposed a centralist model with a regime of absolute monarchy, leading to the disappearance of these institutions.

This context remained until the first changes brought about by Liberalism in the 19th century.

In 1812, the Constitution of Cadiz questioned the monarchy and the centralized model. However, it did not aim to recover the traditional provincial structure, but to reform it. It proposed a centrally organized model with an administrative division, including county councils and municipalities.

This led to two reactions:

  • Radical Liberals: Proposed a decentralized, democratic, and republican federal model.
  • Carlists/Traditionalists: Desired the full restoration of the former absolutist Spain.

As these reactionary movements were unsuccessful, the proposed system continued. However, between 1880 and 1923, a growing sense of nationalism emerged (primarily Catalan, Galician, and Basque). This movement did not gain much traction in Valencia and had little influence on politics, succeeding only in the cultural field (e.g., Blasco Ibáñez).

In 1931, the Second Republic aimed to solve the national problem. However, due to its lack of significant support in Valencia, it remained a topic of discussion.

The Franco dictatorship presented a curious situation. Right-wing Valencian regionalism (CEDA) was not persecuted, as it was not considered a threat to the regime’s unity. Consequently, the regionalist left, in opposition to the right wing, adopted positions aligned with Catalan interests. This shifted traditional regionalism (based on folklore) towards nationalism as a “breakaway formula.”

Therefore, in the 1980s, the creation of the Valencian Statute of Autonomy sparked controversy. The left wanted an autonomous region, while the right did not. This explains why, in a democracy, when the left adopts nationalist ideas, it loses power to parties like the PP. For a significant portion of the population, the issue was irrelevant, as they already identified as Valencian.

The Path to Valencian Autonomy

With the fall of the dictatorship and the creation of the Spanish Constitution of 1978, a generalization of the autonomy process was proposed. This allowed for the creation of autonomy for all regions, preventing strong nationalist sentiments (as granting autonomy solely to Catalonia and the Basque Country would make them feel “special” and potentially threaten Spanish unity).

The Constitution established two pathways or criteria for creating and accessing autonomy, outlining the conditions for an Autonomous Community and its resulting responsibilities. These pathways differentiate between two types of autonomy:

  • The historic regions (Catalonia, Basque Country, Navarra)
  • The “normal” regions (Extremadura, Castilla, La Rioja, etc.)

This differentiation is reflected as follows:

  • Article 143 EC (for “normal” regions): Fewer powers transferred, but easier access as it does not require a referendum (decision lies with politicians).
  • Article 151 EC (for historical regions): More extensive powers, but a more complicated access process requiring a popular referendum.

The adoption of the Valencian Statute followed an unusual path. It was adopted through Article 143 EC but assumed powers outlined in Article 151 EC. Consequently, Valencia acquired more powers than initially intended. The LOTRAVA established that these powers were not inherent but transferred by the State.

This issue was resolved by applying Article 148 EC, which allows for increased competence after five years of autonomy. As the situation was somewhat irregular, the LOTRAVA was repealed and replaced to definitively transfer the powers from the State.

Reform Proposals and Amendments to the Valencian Statute

Active discussion regarding the Statute continued among political forces in the region, leading to proposed amendments:

  • Changing the electoral barrier from 5% to 3% (rejected)
  • Changing the dates of elections (accepted)
  • Repealing the LOTRAVA

During Francisco Camps’s VI Legislature (2004), a commission was established to reform the Statute. This resulted in a new Statute of Autonomy in 2006, introducing 20 minor reforms.

Lesson 2. The Legal System of the Comunitat Valenciana

Legal Nature of the Statute of Autonomy

The Statute of Autonomy is a complex standard with potentially contradictory elements.

The EACV 2006 is a new statute, not merely a reform of its predecessor, the EACV 1982. It amends the fundamental aspects of the previous statute and expressly repeals the EACV 1982 and subsequent organic laws of reform.

Our statute has a peculiar legal status:

For its Production Process:

The statute is not strictly an organic law, although organic law was adopted by (81.1 EC).

Its procedure is complex, divided into two (147 CE) or three phases (151 CE):

  1. Development and proposal by the CCAA
  2. Discussion and approval by the Cortes, by majority vote
  3. Ratification by referendum (only in some communities)

The statute cannot be modified by another Organic Law and is immune to other organic laws. However, exceptions exist where Organic Law may affect it:

  • In finance (157.3 CE)
  • In the judicial branch (122.1 and 0.2)
  • In the security forces (149.1 and 29)

For the Role:

  • The Statute establishes the Autonomous Community (institutional rules). The CA exists at its mercy, is organized and coordinated by it, and assumes the powers granted by the Spanish Constitution.
  • It is the policy of opening up the legal order of Valencia (rule header).
  • It connects the law of the Valencian Community with the legal system it generates.

The Legal System of Valencia

The Valencian legal system is integrated within the Spanish legal order. Its procedure is built upon this framework.

Its origin and limits are defined by the Constitution. It cannot contain rules incompatible with the EC.

However, within these limits, it enjoys considerable autonomy. It is a system with a structure similar to that of a State. Within this framework of autonomy, it can contain rules with territorial effect and in accordance with the powers granted.

Valencian statutory law is lost. However, the new EACV 2006 introduced an innovation: the possibility of recovering statutory law. This is an interesting development to address current problems.

Regarding statutory law, Articles 7 and 49.1 EACV are important. The latter confers exclusive jurisdiction to:

  • The conservation of statutory civil law
  • The modification of statutory civil law
  • The development of statutory civil law

Relationship Between the Legal Order of Valencia and the State Legal System

Valencian civil law is subject to four principles within the framework of the Spanish Constitution:

  1. Constitutionality and Statutory
  2. Principle of Prevalence: The state standard is in force in all matters not exclusively attributed to the Autonomous Community.
  3. Principle of Division of Powers: State law is not superior to that of the CCAA. It must be controlled by the provisions of Articles 148 and 149 CE.
  4. Supplementarily Principle: State law acts residually in matters not regulated by the Autonomous Community.

Implementation of European Union Law in the Comunitat Valenciana

The CV’s relations with the EU are provided for in Article 61 EACV, which outlines the CV’s responsibilities as a region of the EU.

Article 62.1 EACV also addresses the external action of the CV in the EU.

Valencia “has exclusive competence for the development and implementation of European rules within the scope of its competence.”

The Reform of the Statute

Statutory reform is part of the content of the statutes provided for in Articles 147 and 152. This reform is regulated in Article 81 EACV.

In the 1982 EACV, there were two stages to the reform of the Statute:

  1. Proposed reform by the Valencian Parliament
  2. Approval by the Cortes Generales through an organic law

The 2006 EACV stipulates that statutory reform requires three phases, including approval by referendum.

Proposal/Reform Initiative

The regional initiative (81.1 EACV) corresponds to:

  • The Consell
  • One-third of the Corts Valencianes
  • Two parliamentary groups

The reform proposal must be approved by a two-thirds majority of the Valencian Parliament, unless it only extends competence, in which case a simple majority is required. Previously, a 3/5 majority was needed.

Approval

Once the proposal is approved by the Valencian Parliament, it is referred to the Cortes (81.3 EACV). It must be ratified by Congress and the Senate after being discussed by the Constitutional Commission of Congress.

If not approved by Parliament, it must be returned to the Valencian Parliament for further deliberation (81.4 EACV).

Referendum (New)

The referendum must be held within six months of the approval of the Cortes Generales (81.5 EACV).

The referendum will only be held when powers are extended.

Lesson 3. General Questions About the Comunitat Valenciana

The Name, Territory, and the People of the Comunitat Valenciana

The EC regulates these elements in Article 147, which addresses the key elements of regional authority. We find four elements:

  • Title (147.2 CE)
    • Territory (147.2 CE)
    • Language (3.2 CE)
    • Symbols (4.2 CE)

Of these four, we will now discuss those regulated in Article 147 EC:

The Designation (147.2 CE)

According to the EC, the name should best suit the region’s historical identity.

This topic was subject to dispute between different political forces during the creation of the 1982 Statute. The left preferred the name “País Valencià,” while the right preferred “Comunidad Valenciana.”

When the 1982 EACV was adopted in Parliament, the term “País Valencià” was rejected. The statute was amended, and the name “Reino de Valencia” was proposed.

However, the courts again rejected this name due to a readjustment of parliamentary forces. Finally, the name “Comunidad Valenciana” was chosen.

The term “Comunidad Valenciana” seems inconsistent and ill-suited to the demands of “historical reality.” In a sense, we have an unconstitutional name (147.2 CE).

The Territory

Article 2 EACV states that Valencia consists of three provinces: Castellón, Valencia, and Alicante.

While this article does not provide precise regulation, the determination of the territory of the Autonomous Communities corresponds to Article 141 EC: “Any change of provincial boundaries must be approved by Organic Law in the Cortes.”

The Cortes may alter the boundaries of the Autonomous Community by Organic Law (without the consent of the Valencian government). We distinguish three cases:

  1. Alteration of internal limits (does not affect the extension of the CCAA)
    1. Alteration of the external boundaries of the CCAA (available to the Autonomous Communities, but consent is not required)
    2. Merging the three provinces or adding a fourth province (does not require reform of the Statute)

The Valencian People

The new EACV 2006 introduces a novelty: the Valencian people are considered a “historical nationality” (1 EACV). This presents a contradiction, as it refers to the people as “Valenciano” and not by their real name.

Reference is made to the union and belonging to the Spanish people and nation, but nationality is emphasized.

Symbols of the Region

The new statute retains the existing symbols: the flag (crowned senyera) and the rest of the symbols and institutions.

Two aspects are worth noting:

  • The capital: Article 5 EACV does not explicitly state it. However, it establishes the Palau de la Generalitat as the seat of the Generalitat and the seat of the institutions of the Generalitat as expressed by law.
  • The personal element of the Autonomous Community

Language

Language has been a much-discussed topic since the 1960s, particularly the relationship between Catalan and Valencian.

Politics aside, we are dealing with two languages that could be considered one but also have differences. The EACV defines Valencian as the official language (6.1 EACV).

Valencian is designated as the official language and not a dialect of Catalan. This has led to several regulations:

  1. No person may be discriminated against based on their language (Castilian or Valencian).
  2. Everyone has the right to education in Valencian.

However, having a dual language system (Castilian and Valencian) means that these provisions do not apply uniformly throughout the territory. Laws relating to Valencian only apply to Valencian-speaking areas, respecting Castilian-speaking cities.

Therefore, the regulation of language itself is subject to legal reserve.

Linguistic standardization has been achieved.

The Political Status and Rights of the People of Valencia

Controversy arises from the inclusion of catalogs of rights in the Statute reform.

This is criticized because these rights are already addressed in the EC and because it breaks with the equality and unity of all Spaniards.

However, legislative plurality has existed since the creation of the Autonomous Communities, eliminating the notion of equality and unity. Therefore, these criticisms are absurd because inequality has been present from the beginning. Additionally, the Statute acts as a “semi-Constitution” (stating rights not covered by the EC).

The Organization of the Self-Government System in the Comunitat Valenciana: La Generalitat

The Generalitat is not just the government building, the Consell, or the President of the Comunitat Valenciana. It encompasses much more than that. It represents the set of self-governing institutions of the Comunitat Valenciana.

It includes legislative and executive branches. Article 20.2 EACV states: “The Corts Valencianes, the President, and the Consell are part of the Generalitat.”

Lesson 4. The Articulation of the Comunitat Valenciana with the State and Other International Bodies

The Exclusive Powers of the Generalitat

Our Constitution outlines a double list of responsibilities in Articles 148 EC (which the CCAA may assume) and 149 CE (exclusive to the State). According to the EC, the EACV may include the powers of Article 148 and everything not included in Article 149.

After the repeal of the LOTROVA and the drafting of the new EACV 2006, there has been an attempt to enhance the powers of the Comunitat Valenciana. The aim is to deepen and expand these powers, increasing the area of competence.

Accordingly, Title IV of the new EACV distinguishes three sets of skills:

  1. Exclusive jurisdiction of the CCAA (49 EACV)
  2. Shared competences with the State: The CV can regulate the development of legislation and enforcement of certain matters (50 EACV).
  3. Exclusive jurisdiction of the State: The CV has no legislative powers and merely applies state law.

The organization of Title IV is somewhat chaotic and lacks technicality. Article 57 EACV, which discusses the Monastery of Valldigna, is particularly illogical.

Shared Competence with the State

Article 60 EACV establishes three key aspects:

  1. (60.1) The CV may request Parliament to draft a basic law, specifically assigning legislative powers to the Generalitat in the development of these laws, according to Article 150.1 EC.
  2. (60.2) The CV can request further transfers of competencies from the State not included in the EACV, in accordance with Article 150.2 EC.
  3. (60.3) The CV can request the transfer of powers not listed in Article 149 CE.

Therefore, Article 60 EACV acts as an opening mechanism, allowing for the enhancement of the VC’s power, as mentioned earlier.

Relations with the State and the Rest of the Regions

Article 59 EACV includes three unique aspects:

  • (59.1) Possibility of agreements with other ACs and the State (cooperation agreements). These agreements require approval from the Corts Valencianes and must be communicated to Parliament, entering into force 30 days after publication.
  • (59.3) Principles governing relations between the State and the CV:
    • Institutional loyalty
    • Solidarity
  • (59.5) Immigration Policy: Cooperation with the State. The inclusion of this article here is illogical.

The processing of these agreements is unique. After being negotiated and approved, they are handled through a full debate.

Relations with the European Union’s External Action

This section is peculiar. The way it addresses the issue seems illogical and unreasonable. Titles VI (EU) and VII (External Action) are separated without explanation.

It discusses the specific before the general (the reverse would be more logical).

Article 61 EACV (Relations with the EU) contains clauses that do not even mention relations with the European Union.

Title VII, External Action, includes relations with the EU. We can distinguish several levels of regulation (62 EACV):

  • (62.1 a) The CV can urge the Government to conclude treaties with other States that are of interest.
  • (62.1 b) The CV must be involved in Spanish delegations in the following cases:
    • When treaties affecting the CV are being negotiated
    • When treaties affecting specific areas of interest to the CV are being negotiated
  • (62.1 d) The CV must be informed when a treaty affecting the CV is being drafted.
  • (62.5) The CV can establish cooperation agreements in two instances (European countries/other countries) where there is no international treaty.
  • (61.2) The CV is expected to have business development offices in other countries.
  • (61.4) The CV may participate in supranational organizations and regional institutions.

Regarding specific relations with the European Union, three issues are highlighted in Article 61 EACV:

  1. Creation of two functional bodies:
    • The CV will have an office in Brussels (61.1).
    • A Valencian Committee for European Affairs will be created by law (61.5).
  2. Functions relating to the work of the CV in the EU (61.3):
    • Control of subsidiarity (ensuring the EU does not overreach)
    • Right to participate in the implementation of Community law
  3. Specific regulations:
    • The President of the Comunitat Valenciana represents the VC in the Committee of Regions (61.3 c).
    • The CV may participate in the framework of the Euro (61.3 e).