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Communities of chartered regime
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Communities of chartered regime : ウィキペディア英語版
Communities of chartered regime
The constitution of Spain of 1978 allowed for the nationalities and regions that integrate the Spanish nation to accede to self-government and be constituted as autonomous communities,〔First article. 〕 which became the first-order political and territorial division of the Spanish territory. Both the process whereby the nationalities and regions were to accede to self-government and the scope of competences that were to be devolved or transferred from the central government, were intended to be asymmetrical in nature.
One of the main differences was established in the first additional provision of the constitution, after much debate in the ''Cortes Generales'' acting as a Constituent Assembly. This provision established a protection and respect for the historical rights of the territories that had ''fueros'', "charters", "privileges" or "jurisdictions", which were to be "updated" within the framework of the constitution.〔First Additional Provision. 〕 These territories were Álava, Gipuzkoa, Biscay and Navarre. The first three joined to form the autonomous community of the Basque Country, whereas Navarre was constituted itself as the Chartered Community of Navarre. The charters that were recognized and updated grant them specific competences not recognized in other autonomous communities, most notably, fiscal autonomy. As such, these two autonomous communities are known as communities of chartered regime ((スペイン語:comunidades de régimen foral)) as opposed to the rest of the autonomous communities without fiscal autonomy, which are known as communities of common regime.
==Background==

From the 12th to the 16th century, as the Kingdom of Castile expanded to the south or incorporated other kingdoms and territories into the Crown of Castile, which then became the Kingdom of Spain, the monarchy granted them certain privileges and jurisdictions, which were known as ''fueros'', or "charters". The competences of the ''fueros'' at one point in time included the right to establish custom controls, have their own militias as well as some governing institutions, and to manage their civic and fiscal affairs, but these were progressively reduced or completely eliminated — as was the case for the former constituent kingdoms of the Crown of Aragon. The case of the Basque territories was unique, in that their ''fueros'' were the only to survive well into the 19th century, even if their scope was much reduced, whereas the ''fueros'' of other kingdoms and regions had already been abolished by then.
During the 19th century, and in the several constitutions that were written, the monarchy tried to homogenize all regions in Spain, and tried to abolish the ''fueros'' of the Basque provinces and Navarre. The constitution of 1837, for example, established that the same codes should govern the entire kingdom, and a single ''fuero'' should apply to all Spaniards. Nonetheless, only two years after, by the end of the First Carlist War, the law of 25 October 1839, again recognized the validity of their ''fueros'', even though the government retained the right to modify them if necessary in the nation's interest. So, the law of 16 August 1841 known as ''Ley Paccionada'' (negotiated law) introduced changes and suppressed some of the provisions of Navarrese ''fueros''and establishing the ''convenio económico'' (economic covenant)as the system of fiscal autonomy.
In the case of the Basque provinces, at the first stance the Royal Decree of 29 October 1841 greatly reduced the scope of the ''fueros'' in the three provinces, eliminating the judicial autonomy of the territories and substituted the Deputations and General Juntas with Provincial Deputations,〔 which were the institutions of government common to all provinces of Spain.
Finally, the law of 21 July 1876, during the time known in Spanish history as the Restoration, abolished the ''fueros'' of the Basque provinces while, paradoxically, keeping the fiscal autonomy of the territories in the form of a ''concierto económico'', "economic treaty". This system was abolished in Gipuzkoa and Biscay during the Spanish Civil War, through the decree-law of 23 July 1937, as a "punishment" for taking up arms against the National Movement, the insurrection that led to the dictatorial regime of Francisco Franco. At the end of Franco's regime, new laws derogated that decree-law.〔
During Spanish transition to democracy, the recognition of these ''fueros'' was one of the hardest to reach a consensus on, and incited many heated debates,〔 but in the end the Constituent Assembly opted to recognize them within the framework of the constitution and the Statutes of Autonomy — the basic organic laws of the autonomous communities that were to be created — and therefore they were to be "updated" or "modernized".

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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