Legislation

In its judgement 82/1986, on 26th June, the Constitutional Court declared inconstitutional articles 8.3 and 12.1 and the final sentence of art. 6.2 of the Basic Law 10/1982, of 24th November, of the Basque Parliament on the normalization of the use of Basque.

Basic Law number 10 of November 24th, 1982 on the Standardization of the use of the Basque Language (Euskara).

It is made known to all the citizens of the Basque Country that the Basque Parliament has passed law number 10 of November 24th, 1982, the “Basic Law for the Standardization of the Use of Basque.” Therefore, I order all the citizens of the Basque Country both individuals and the authorities to keep the Law and oblige others to keep it.

Vitoria-Gasteiz, November 24th, 1982.

The President

CARLOS GARAIKOETXEA URRIZA

Basque: Cultural heritage and official language of the Basque Country.

The Constitution and the Statute of Autonomy entrust to the public authorities of the Basque Autonomous Community the adoption of the measures to ensure the development and the standardization of the use of the Basque Language, taking into account the dual role that it has as a part of the cultural heritage of the Basque people and, together with Spanish, its use as an official language within the Autonomous Community.

An instrument of integration

The intention is to recognize the Basque language as the most viable and objective sign of our Community and an instrument of the full integration of the individual in it through knowledge and use of the language.

No discrimination.

The character of the Basque language as the mother tongue of the Basque people and as an official language together with Spanish should not, under any circumstances, impair the rights of those citizens who for different reasons cannot make use of it, in accordance with that which is expressly laid down in number 3 of article 6 of the Statute of Autonomy of the Basque Country.

Updating of the legal regulations.

As the language is recognized as an integrating element of all the citizens of the Basque Country, the rights of Basque citizens in linguistic matters should be incorporated into our legal system, particularly the right to express oneself in either of the two official languages and the guarantee of our language as an essential part of our cultural heritage, the custodian of which is the Basque people.

Mother tongue.

Based on the general principles behind the Law, the Preliminary Title recognizes the Basque Language as the language belonging to the Autonomous Community of the Basque Country and the Basque and Spanish languages as official languages within its territory. In the same Title, discrimination for reasons of language is prohibited.

Rights and duties

The First Title deals with the rights of citizens and the duties of the Basque public authorities in language matters.

Actions of the public authorities

The second title regulates the behavior of the public authorities. The First Chapter refers to the use of the Basque language in the public administration and the right to use either Basque or the Spanish language in dealings with the Autonomous Administration is recognized. The registration of documents in public registry offices is regulated, and the bilingual form for the publication of Regulations, Acts, and Decisions of the Administration as well as notifications and communications is established. All citizens are entitled to use the official language they wish in their relations with the Ministry of Justice.

The Government, the Provincial Institutions of the Historic Territories or local corporations are given the power to establish the official names of towns and other places, in general, within the Autonomous Community. The Government is also given the power of regulating the awarding of the title of official translator, as well as the creation of the official service of translators. The bilingual form of forms or official models to be used by public institutions, as well as in public transport services originating in the Basque Country is established. The progressive Basquisation of the personnel related to the public administration is foreseen.

Basque in teaching

The Second Chapter regulates the use of Basque in teaching. The right of all students to be taught in Basque is recognized, and the obligatory nature of the teaching of the official language not selected is also regulated. The Government is encharged with the regulation of the linguistic models to be taught, the adoption of measures leading to the acquisition of sufficient knowledge of each of the official languages and the adequate preparation of study plans. With regard to teaching staff the adaptation of their plans of study to achieve total capacity in both Basque and Spanish is contemplated. Also foreseen are possible exemptions from the teaching of Basque.

Basque in the means of communication

The Third Chapter regulates the use of Basque in the means of social communication and the right to be informed in Basque is recognized. The promotion of Basque in the mass media of the Autonomous Community and its promotion on Spanish television is responsibility of the Government, as well as the adoption of measures of promotion and protection of Basque on the radio, in the press, audio-visual means of reproduction, etc.

Social use and institutional aspects of Basque

The Fourth Chapter refers to the social use and other institutional aspects of Basque encharges the Government with the teaching of Basque and literacy in Basque for adults and the promotion of the use of Basque in different social atmospheres, and foresees the creation by the Government of an institution that will coordinate the application and development of this Law.

Unification and Standardization

In the Fifth Chapter the responsibility of the Government to oversee the Unification and Standardization of official written Basque is laid down.

Additional Provision

The Additional Provision attributes to the Government the establishing of links with those institutions or powers that whilst acting outside the Autonomous Community undertake activities related to Basque.

Transitory Provision

The Transitional Provision ensures the passage from the present situation to another in which the application and development of this law will be complete, thereby avoiding a regulatory vacuum until its spirit is reflected in other laws and regulations

Provision of Repeal and Final Provision

The Law also establishes a provision for the repealing of other laws and a final provision in which the Government is authorized to develop the Law through further regulations.

PRELIMINARY TITLE

Article 1 (Regulation of the use of Basque and Spanish)

The use of Basque and Spanish, within the territorial area of the Autonomous Community of the Basque Country, will conform to that which is laid down in this Law and other provisions that the Parliament and Basque Governments may establish for the development of the said Law.

Article 2 (Mother tongue)

The natural language of the Basque Country is Basque.

Article 3 (Official languages)

The official languages of the Autonomous Community of the Basque Country are Basque and Spanish.

Article 4 (No discrimination for Reasons of language)

The public authorities will watch over and adopt those measures necessary so that no person is discriminated against for reasons of language in the Autonomous Community of the Basque Country.

FIRST TITLE

On citizens rights and the duties of the public authorities in language matters.

Article 5 (The right to know and use the official Languages)

1. All the citizens of the Basque country have the right to know and use the official languages, both orally and in written form.

Linguistic rights of The Citizens:

2. The following fundamental language rights of the citizens of the Basque Country are recognized:

In relations with the Administration and Other Institutions,

a) The right to maintain relations in Basque or in Spanish orally and/or in writing with the Administration and any official organization or institution located in the Autonomous Community.

In education,

b) The right to receive or the right to be taught in both official languages.

In the means of communication

c) The right to receive in Basque publications, radio, and television

programmes and other means of communication.

In professional, political, labor, and union activities,.

d) The right to develop professional, labour, political, and union activities in Basque

In expressing opinions.

e) The right to express oneself in Basque at any meeting.

Rights guaranteed

3. The public authorities will guarantee the exercising of these rights, in the territorial area of the Autonomous Community, to ensure that they are both effective and real.

SECOND TITLE

ON THE ROLE OF PUBLIC AUTHORITIES

FIRST CHAPTER

ON THE USE OF BASQUE IN THE PUBLIC ADMINISTRATION WITHIN THE TERRITORIAL AREA OF THE AUTONOMOUS COMMUNITY OF THE BASQUE COUNTRY

Article 6 (Language options in relations with the Administration, providing the necessary means)

1. The right of all citizens to use both Basque and Spanish in their relations within the territorial area of the Autonomous Community, and to be attended in the official language that they choose, is recognized. To this end, the relevant measures will be adopted and the necessary means will be provided to guarantee, progressively, the exercising of this right.

Opening of proceedings

2. In those proceedings in which more than one person is involved, the Public Authorities will use that language that is mutually chosen by those parties involved. If there is no agreement the language that the person who put the proceedings into motion chose to use will be used, without prejudicing the rights of other parties to be informed in the language of their choice.

Article 7 (Registration of documents)

1. The registration of documents in the Public Registries for which the Autonomous Community is responsible, whether belonging to the Basque Government, Autonomous Institutions of the same, Provincial Authorities, Local Authorities, or others, will be carried out in the official language which appears on the documents.

Public registries not Under the authority of The Autonomous Community

2. In those Public Registries not belonging to the Autonomous Community, the Basque Government will promote, in agreement withthe relevant institutions, the standardization of the use of Basque.

Certificates

3. With regard to exhibition and/or certificates, the translation to either of the official languages of the Autonomous Community of the Basque Country is guaranteed.

Article 8 (Double edition of official texts)

1. All official provisions or resolutions that emanate from the Public Authorities located in the Autonomous Community of the Basque Country must be written in bilingual form for official publicity purposes.

Double edition of other official texts

2. All acts in which the public authorities located within the Autonomous Community of the Basque Country take part, as well as the administrative notifications and communications, must be written in both languages, except when those private individuals involved expressly choose the use of one of the official languages of the Autonomous Community.

Exclusive use of Basque without prejudice to the rights of citizens

3. Notwithstanding that which is set out above, the public authorities may make exclusive use of Basque in the area of local administration, when, because of the socio-linguistic character of the area, the rights of citizens are not prejudiced.

Article 9 (Relations with the Administration of Justice)

1. All citizens may freely use the official language of the choice in their relations with the Administration of Justice without having to give any translation whatsoever.

Validity of texts and acts

2. Written statements and documents presented in Basque, as well as judiciary acts will be totally valid and executable.

Standardization of the Use of Basque in the Administration of Justice

3. The Basque Government, in agreement with the corresponding institutions, shall promote the standardization of the use of Basque in the Administration of Justice in the Basque Country.

Article 10 (Official place-names)

1. The official names of the territories, urban areas, groups of population, geographical features, urban roads and, in general, all place-names of the Basque Autonomous Community, will be established by the government, the Provincial Institutions of the Historic Territories or local corporations in their respective areas, always respecting the original Basque, Romance or Spanish, with the correct academic written form of each language.

The Royal Academy Of the Basque Language

In the case of a conflict between the local corporations and the Basque Government over the official names mentioned in the previous paragraph, the Basque Government will resolve the conflict after consulting the Royal Academy of the Basque Language.

Public signposts

2. Traffic signs installed on the public highway will be written in bilingual form, while respecting in all cases the international norms and the need for security and legibility by the users.

Official consideration

3. If these names are considerably different, both will be considered official, with regards to highway signs.

Article 11 (Public Transport)

1. In all public transport services originating in the Basque Country, printed matter announcements, and communications to the public will be in Basque and in Spanish.

Article 12 (Certificate of Official Translator)

1. The Government will lay down the conditions for obtaining and awarding the Certificate of Official Translator between the two official languages.

Official Service of Translators

2. Likewise, it will create the Official Service of Translators, which will be at the disposition of the citizens and public entities of the Autonomous Community, in order to guarantee the precision and legal equivalence of translations.

Article 13 (Bilingual forms)

The forms or official models that are used by the public authorities in the Autonomous Community of the Basque Country must be written in both official languages.

Article 14 (Basquisation of the Personnel of the Public Administration)

1. In order to make effective the rights recognized in Article 6 of this law, the public authorities will adopt those measures that will tend towards the progressive Basquisation of the personnel related to the public administration of the Autonomous Community of the Basque Country.

Jobs and knowledge of both languages

2. The public authorities will determine those posts for which knowledge of both languages is obligatory.

Knowledge of the official languages as merits in access to a Post in the Public Administration

3. In the selection tests carried out for access to other posts of work within the administration in the territorial area of the Autonomous Community of the Basque Country, among other merits, the level of knowledge of the official languages, for which the administration will set a level for each professional grading will be taken into consideration.

SECOND CHAPTER

On the use of Basque in teaching

Article 15 (Rights to receive education in Basque and in Spanish Progressive generalization of Basque)

The right of all students to be taught either in Basque or in Spanish at the different educational levels is recognized.

To this effect the Parliament and the Government will adopt those measures necessary which will tend to the progressive generalization of bilingualism in the educational system of the Autonomous Community of the Basque Country.

Article 16 (Compulsory teaching of that language not chosen (in pre-university education))

1. In pre-university teaching, the teaching of the official language which has not been chosen as the medium of teaching by parents or the tutor, or, if appropriate, the student, will be compulsory.

Regulation of the linguistic models

2. However, the Government will regulate the linguistic models to be taught in each centre taking into account the wishes of the parents or the tutors and the socio-linguistic situation of the area.

Private centres

3. Private centres that receive public funds as grants and that teach official subjects using as a base a language that is not one of the official languages of the Community, will teach both Basque and Spanish as compulsory subjects.

Article 17

1) Fluency in both languages and 2) Social use of Basque

The Government will adopt these measures that will lead to a guarantee of a real possibility in equality of conditions, of possessing sufficient practical knowledge of Basque at the end of the period of compulsory schooling and that will ensure the official use of Basque, making the same a vehicle of normal expression, both in internal and external activities, and in administrative acts and documents.

Article 18 (Updating of study plans)

Study plans will be adjusted to meet the objectives proposed in Articles 15, 16, and 17.

Article 19 (Professional Training Colleges)

The University Teacher Training Schools will adapt their study plans to achieve total proficiency in Basque and Spanish of the teachers, in accordance with the demands of their specialty.

Article 20 (Basquisation of teaching staff)

1. The Government, in order to make the right to receive education in Basque effective, will establish those means which tend toward a progressive Basquisation of the teaching staff.

2. Likewise, it will determine those teaching posts or units for which knowledge of Basque will be obligatory, in order to comply with that which is laid down in Articles 15 and 16 of this law.

Article 21 (Exemption from the teaching of Basque)

Those students who have begun their secondary school studies outside the Autonomous Community of the Basque Country or those who duly justify their non-habitual residence in the Autonomous Community may be excused from Basque classes according to the procedure which will be established to that end.

THIRD CHAPTER

On the use of Basque in the mass media

Article 22 (Right to receive information in Basque and Spanish)

Progressive equality of both languages, the right of all citizens to be informed by the means of social communication both in Basque and in Spanish is recognized. To this end, the Government will adopt those measures that will lead to an increase in the presence of Basque in the means of social communication, which will tend to the progressive equalization in the use of both official languages.

Using Basque preferentially

Article 23

The Government will promote the preferential use of Basque in the means of communication of the Autonomous Community, in order to guarantee the equalization of both languages established in the previous article.

Article 24 (Broadcasting centers of Spanish Television (TVE))

The Government will promote language standardization in the broad-casting centers of Spanish Television in order to ensure the adequate presence of Basque as the natural language of the Basque Country.

Article 25 (Diffusion and use in...)

The Government, in order to progressively guarantee the right recognized in Article 22, will adopt measures that will lead to the promotion and protection of the use of Basque, improving in all cases its diffusion and possibilities of effective use in:

The radio.

The press and publications.

The cinema.

The theater and public spectacles.

Audiovisual means of reproduction.

To this end the relevant title will be developed within the laws, which deal with and regulate the previous points.

FOURTH CHAPTER

On the social use and other institutional aspects of Basque

Article 26 (The acts of the Basque public authorities)

The Basque public authorities will take the necessary measures and provide the necessary means to promote the use of Basque in all areas of social life, in order to allow citizens to use the said language in the different mercantile, cultural, associative, sporting, religious and any other activities.

Article 27 (Publicity)

1. The Basque public authorities will promote the use of Basque in publicity.

Social uses and signs

2. Likewise they will promote the social use of Basque and its use in the signs of all types of mercantile, recreational and cultural associations as well as those of non-official character.

Article 28 (Basquisation and literacy in Basque for adults)

The Government will promote the teaching of Basque for adults and literacy of the Basque speaking population by means of the creation of a public institution for that purpose. By a law of the Basque Parliament the corresponding regulations will be established.

Article 29 (Institution to serve as a meeting point)

The Government, in order to facilitate the task of the standardization of Basque will create a body that will have the objective of studying, channeling, and coordinating the efforts and the activities of the different institutions with regard to the application and development of this Law.

FIFTH CHAPTER

On the use of Basque as an official written language

Article 30

1) Unification and standardisation of written Basque, 2) without prejudice to the dialects

The Government will monitor the unification and standardization of Basque in its condition of common official written language within the territorial area of the Autonomous Community of the Basque Country, without prejudicing the respect due to the different dialects which are an essential part of the cultural heritage of the Basque Country in those areas where they are spoken.

ADDITIONAL PROVISIONS

Establishing cultural links

First–The Government, as part of its responsibilities, will establish cultural links with those institutions or authorities that while acting outside the territorial area of the Autonomous Community, undertake activities of research, protection and promotion of Basque.

Socio-linguistic planning map

Second–The Government will draw up the socio-linguistic planning map of the Basque Country that will be revised periodically, after the Basque Parliament has been informed.

Adoption of agreements tending towards standardization

Third–The Basque Government will promote, in accordance with the competent authorities, the adoption of measures tending to the progressive standardization of the use of Basque in the Administration of the State or in the Autonomous Community of the Basque Country, with regard to that which is regulated in articles 6, 8, 11, 13, 14 of this Law.

TRANSITORY PROVISIONS

Proceedings already opened

First– All those proceedings that have been initiated in the different public administrations prior to coming into effect of this Law, will continue until their termination in the language in which they were begun.

Temporary exemption from the application of the Law

Second–The Government, at the request of local public authorities and taking into account the special socio-linguistic situation of the area, may temporarily exempt, in the area of its responsibility, the application of articles of this Law that are not obligatory due to constitutional or statutory considerations.

REPEAL PROVISION

Repeal of Provisions

Those provisions of equal or inferior rank that are opposed to that which is laid down in this Law are repealed.

FINAL PROVISION

1) Development and application

2) Coming into effect

The Government is authorized to hand down those provisions of regulatory character necessary for the development and application of the present law which will take effect from the day following its publication in the Official Gazette of the Basque Country.

PRESIDENCY OF THE GENERALITAT¹

¹ The Generalitat is the institution through which the self-government of Catalonia is politically organised.

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