La Ley Orgánica de Reintegración y Amejoramiento del Régimen Foral: una mirada en retrospectiva desde la dogmática jurídica

Abstract

The 1978 constituent option for a decentralized and open Statemodel which spins around the main axes of the dispositive principle andthat it is articulated by means of the Autonomous Statutes raises a nuber ofdoubts regarding the reinstatement and enhacement of the Forality which wasalready part of Navarra in the framework of the constitutional unity. It is in thiscontext that the Organic Act 13/1982, from August 10th, of Reinstatement andEnhancement of the Foral Regime has to be framed. This work, on the occasionof the 40th anniversary of the LORAFNA, aims at summarize the debats thatfollowed within the specialized doctrine in the field of the Public Law of Navarraregarding mainly this two questions: the procedure of ellaboration of the Act andin particular its not ratification by referendum; and its singularity in relation to the Autonomous Statutes.This look, although it is from a retrospective point of viewdemands to stop ourselves in the analysis of the recent constitutional case lawabout the foral regime.

Keywords

• referendum
• autonomous statute
• first aditional provision
• foral compromise
• foral regime