REPORT FROM THE ÅLAND ISLANDS PEACE INSTITUTE Rapport från Ålands fredsinstitut Constitutions, Autonomies and the EU Sia Spiliopoulou Åkermark (ed.) Eduardo J. Ruiz Vieytez Iñigo Bullain Sören Silverström Susanne Eriksson Roger Nordlund E T Å U L T A I T N S D N S I F E R C E A D E S P I N S S D T N IT U LA T T IS HE ÅLAND No. 3-2008 Editor: Associate Professor Sia Spiliopoulou Åkermark, Director, The Åland Islands Peace Institute The Authors: Professor Eduardo J. Ruiz Vieytez, Institute of Human Rights, Deusto Professor Iñigo Bullain, University of the Basque Country Sören Silverström, Head of the EU department, the Government of Åland Susanne Eriksson, Assistant Parliamentary Director, the Åland Parliament Roger Nordlund, Head of the Government of Åland Constitutions, Autonomies and the EU Sia Spiliopoulou Åkermark (ed.), Eduardo J. Ruiz Vieytez, Iñigo Bullain, Sören Silverström, Susanne Eriksson, Roger Nordlund Report from the Åland Islands Peace Institute Rapport från Ålands fredsinstitut No. 3-2008 ISSN 1797-1845 (Print) ISSN 1797-1853 (Online) ISBN 978-952-5265-30-9 (Printed) ISBN 978-952-5265-31-6 (Online) Published by the Åland Islands Peace Institute PB 85, AX-22101 Mariehamn, Åland, Finland Phone +358 18 15570, fax +358 18 21026 [email protected] www.peace.ax This report can be downloaded from www.peace.ax © The authors, 2008. Printed in Finland by the Åland Islands Peace Institute 2008. Preface he European Union (EU) and EU law is in principle neutral to- wards the division of powers in the constitutional orders of Mem- berT States. However, as many of the contributions in the publication show, the EU has direct and indirect impact on the division of powers between the states and autonomous regions as well as on the workings and role of the parliaments and governments of autonomous regions possessing legislative competence. While most studies until now have looked generally at the role of sub-state entities within the EU in the framework of what is usual- ly referred to as multi-level governance, we have in the present report chosen to focus on two autonomous regions with legislative powers and longstanding and well-developed autonomy institutions. While the demography, the geography, the history and the political situation of the Åland Islands (Finland) and of the Basque Country (Spain) dif- fer in many respects, there are many common issues with regard to the triangular relation autonomous region – state – EU. Spain acceded to the EEC already in 1986 while Finland first in 1995, but we see that even in Spain an agreement on the participation of the autonomous commu- nities in the EU was reached first at the end of year 2004. The present report is the outcome of fruitful discussions at a seminar entitled ‘Con- stitutions, Autonomies and the EU’ held in Mariehamn (Åland, Fin- land) in October 2007. The two case studies are not compared sys- tematically, but, rather, the report represents an inventory and analysis of the issues considered to be paramount by the experts from the two sides. These questions include mainly the constitutional development of autonomies within the EU, the participation of autonomous regions in the workings of European institutions, the role of the parliaments of autonomous regions in the implementation of EU law (what has been named passive and active Europeanisation) and the case law of the Eu- ropean Court of Justice with respect to autonomous regions. The Åland Islands Peace Institute is grateful to the seminar partici- pants and authors of this publication for their willingness to participate in discussions and for their timeliness in submitting the final manu- scripts. We are also grateful to the Åland Parliament for letting us use its auditorium for the seminar. Sia Spiliopoulou Åkermark Associate Professor Director, The Åland Islands Peace Institute Report from the Åland Islands Peace Institute 3-2008 3 Contents Eduardo J. Ruiz Vieytez Sören Silverström The Evolution of Autonomy in Implementation of EU Legislation The Basque Country ...................................... 5 in the Åland Islands...................................... 42 Introduction ............................................... 5 Introduction ............................................. 42 The Context fd the Current System Different Forms of Implementation of Autonomy .............................................. 5 and Application of EU Law in the Evolution: From a Legal Perspective .......... 7 Åland Islands ........................................... 43 Evaluation of Autonomy and Experiences from Implementation of Possible Future Scenarios ......................... 12 EU Obligations in the Åland Islands ....... 44 Bibliography ............................................. 15 Conclusion ............................................... 47 Notes ........................................................ 17 Bibliography ............................................. 48 Notes ........................................................ 48 Iñigo Bullain Role and Prospects of the Spanish Self- Susanne Eriksson Governing Communities in European The Role of the Åland Parliament Matters and Institutions .............................19 in EU Matters .............................................. 51 Introduction: Some Preliminary Considerations ......................................... 19 Roger Nordlund Participation of the Self-Governing The Challenges of Developing the Ålandic Au- Communities in European Affairs ........... 21 tonomy in the Shadow of the EU. Opportuni- The Self-Governing Communitites ties and Setbacks .......................................... 55 in the European Institutions .................... 23 Regional Prospects ................................... 26 The Concept of a European Region ......... 35 Conclusions ............................................. 36 Notes ........................................................ 39 4 Report from the Åland Islands Peace Institute 3-2008 EDUARDO J. RUIZ VIEYTEZ The Evolution of Autonomy in the Basque Country The Evolution of Autonomy in the Basque Country – Experiences and Trends Eduardo J. Ruiz Vieytez Introduction The Context of the Current System of Autonomy his paper intends to provide an overview Tof the evolution of the autonomy system in To evaluate the evolution during the last decades the Basque Country. With that aim, the paper of the autonomy system in the Basque Coun- will try to approach to the topic from both le- try is a difficult task. This complexity is owed gal and political perspectives, showing lights and to several factors. On the one hand, the idea of shadows on the dynamics occurred during the autonomy is a complex one in itself. With the last 28 years. The substance of the paper will be expression “autonomy” or “self-government” we divided into four parts. In part 1, we will try to use to make reference to very different models locate the Basque autonomy in a wider context, responding to very diverse political and legal re- taken for granted that the reader is not familiar- alities. Even more, when we refer to political au- ised with the current legal and political frame- tonomy of sub national entities, the meaning of work of the Basque Country. In part 2 we will the expression may imply divergent consequenc- analyse the main aspects of the evolution of the es in different kinds of models, as we have al- autonomy in the last 28 years from a legal per- ready shown in previous studies.1 spective, including the most relevant discussions In the particular case of the Basque Country, about the interpretation of the Act on Auton- to make an evaluation of the scope and effective- omy and the obstacles for its amendment. Part ness of the system of autonomy becomes even 3 will be devoted to a political analysis of the more complex, given the complicated circum- evolution of autonomy, showing the main con- stances of its reality. In fact, the Basque Country troversial aspects on the topic, through the posi- is nowadays a conflictive political reality, a sin- tion of the principal political parties and opinion gular case due to its uniqueness and complexity polls. Finally, in part 4, we will try to draft some within the framework of Western Europe. overall conclusions on the evolution of autono- In the Basque case, even the personal and ter- my in the Basque Country and try to understand ritorial concepts of the country are not peaceful. the possible future scenarios for the region. In sociological, linguistic or cultural terms, the Basque Country (as it is understood in gener- alist works such as the Encyclopaedia Britanni- ca or Wikipedia) comprises different populations and territories in the Spanish and French States. Thus, while the Basque character of the lands on Report from the Åland Islands Peace Institute 3-2008 5 EDUARDO J. RUIZ VIEYTEZ The Evolution of Autonomy in the Basque Country the northern or French part of the country is not From a formal point of view, nowadays the disputed, within the southern part, the belong- Basque Autonomous Community (henceforth ing of Navarre to the Basque Country is large- BAC) is one out of 17 Autonomous Commu- ly opposed in Navarre itself and in the rest of nities of Spain, enjoying significant devolved Spain. The degree of affiliation of the Navarrese powers and institutions, such as a democratical- population with the Basque identity is extreme- ly elected parliament in Vitoria-Gasteiz and a ly uneven and it does not correspond with their Basque government headed by the Lehendakari, electoral performance.