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Historical Territories Act

The Historical Territories Act is another of the core elements around which the laws of the Autonomous Community are developed, as it regulates the existence of a new political and administrative organisation, Government and Parliament common to Euskadi as a whole, while respecting the exclusive legal systems and historical powers of the General Assemblies and Provincial Councils of Bizkaia, Gipuzkoa and Araba. The purpose of this Act is to harmonise and balance both requirements.

The relationships between the institutions under central government control included in the Statute of Gernika and the provincial institutions regulated by the traditional provincial codes ("fueros") of the Historical Territories are regulated by the Historical Territories Act. It originates from the recognition of the historical rights of the Basque Territories or provinces expressed in article 3 of the Statute of Autonomy of Gernika, which indicates that Bizkaia, Gipuzkoa and Araba may "preserve or, as appropriate, re-establish and update their organisation and exclusive institutions of self-government", although it reserves political and institutional supremacy concerning the administration of Euskadi for the Basque Parliament and the Basque Government.

So, Title I establishes the powers of the Historical Territories in accordance with the traditional provincial codes of rights expressly recognised in the Statute. It also establishes the legal mechanisms necessary for adapting the powers to new situations that may arise in future, setting up the legal mechanisms under which new matters may be transferred or delegated in order to improve the provision of public services to citizens. This avoids inflexible or rigid approaches that might be inappropriate for coping with the country's social, economic or political development.

Title II organises the General Treasury of the Basque Country and the Provincial Treasury of the Historical Territories, dedicating its second chapter to the regulation of the distribution of resources between both institutions through the Basque Financial Council, based on the principles of collaboration and solidarity.

Fecha de la última modificación: 08/09/2009