La competencia histórica y exclusiva de la Comunidad Foral de Navarra en materia de Derecho civil foral. Contenido actual de este derecho

Abstract

Since 1982, the Autonomous Community of Navarra has had exclusive competence in relation to the foral civil law of Navarra. This competence formally allows it to pass foral laws and, effectively, maintain, change and update this own law, a result of its long history. The constitutional basis for this competence lies in the first additional provision of the Constitution, and not only in article 149.1.8 of the Constitution (that recognises all foral and special civil laws and preserves any that exist), since the regulation thereof is the legal right of the Autonomous Province of Navarra, under article 2 of the Treaty Law of 16 August 1848. Prior to 1982, unlike other territories and regions, the Regional Government of Navarra had and exercised joint legislative competence with the State –expressly recognised by the latter in Act 1/1973, of 1 March– to code, revise and propose the Compilation of Navarra’s foral civil law; in a complex and bilateral procedure, characterised by the covenant and agreement between the Regional Government or its representatives and the Ministry of Justice, the State would finally approve the proposed text through a Law or Executive Decree, without any involvement of the Parliament. Navarra’s current competence in relation to foral civil law – now exclusive and ultimately exercised by the Parliament of Navarra – has a very extensive range of material content, in some regards going beyond what is laid down in article 149.1.8 of the Constitution and it now allows the Autonomous Community to maintain special procedural legislative powers.