The powers over municipal-election organisation in the Historic Territories of the Basque Country.

Abstract

The Statute of Autonomy of the Basque Country grants each of the Historical Territories constituting this Autonomous Community with exclusive powers over the local electoral system. This clause is not mentioned in any other Statute and it is considered to integrate the «essential content» of the regional regime of the Historical Territories («régimen foral»). This means, according to the Constitutional Court, that the exclusive power to regulate the local electoral system is «beyond the reach of state and autonomous public authorities». This clause ought to be understood taking into account that article 23 of the Constitution needs to be developed through Organic Law, and that the state has powers to secure the equal right to vote of all Spanish citizens. Within this framework, as defined by the constitutional case-law and the Organic Law regulating the General Electoral System, the «Juntas Electorales» (electoral committees) of each Historical Territory may pass a «Norma Foral», which complies with the constitutional mandate requiring that local representatives’ elections be regulated by legislation. This «Norma Foral» may regulate the electoral system, the ineligibility causes, and the mayor’s election, among other matters.