Legislation

Official Gazette of Navarre, 3, January 5th, 2001

The Regional Act 18/1986, of 15th December, on the Basque Language -articles 2.1 and 6, establishes that all citizens have the right to know and use both Spanish and Basque languages in the strict terms specified thereby, whereas in article 2.2 it recognizes that Spanish is the official language of all Navarre, and establishes that Basque is co-official alongside Spanish in the Basque-speaking area of Navarre, in accordance with the provisions of article 9 of the Organic Act of Reintegration and Improvement of the Regional Legal System of Navarre, as well as in the articles of the aforementioned Regional Act on the Basque Language.

This Regional Act on the Basque Language, in its articles 5 and related ones, establishes three linguistic areas in Navarre, to which the present Regional Decree refers. One Basque-speaking area, where Basque is co-official alongside Spanish, as well as a mixed area and a third non-Basque area where the Basque language is not co-official. The citizens' right to use Basque in their relations with Public Administrations is recognized in all of them, in accordance with the provisions established in the Regional Act itself, while urging them to take different measures in each zone seeking its effectiveness in distinct ways and levels.

On the other hand, the current regulation concerning the Ordinary Administrative Procedure recognizes, as regards relations with public Administrations, the citizens' right to use the co-official languages within the territories of their Autonomous Communities where such languages have an official status, and establishes that all procedures involving bodies of the State General Administration based in an Autonomous Community shall be conducted in the official language chosen by the person concerned, in accordance with their linguistic rights. Besides, the Organic Act on the Judiciary regulates its scope of application.

Being therefore fitting to regulate the use of the Basque language in the Public Administrations of Navarre, the Regional Decree 70/1994 was firstly enacted, and subsequently, Regional Decree 135/1994, of 4th July, some provisions of which have been duly revised in order to ensure the principle of legal certainty, to ponder the use of Basque through the necessary means in order to make its use effective and to respond to the socio-linguistic reality of Navarre after the accumulated experience.

To these effects, and in order to lawfully proceed with the legal requirement undertaken by the Public Administrations in the Basque-speaking area while carrying out their actions, communications and announcements in bilingual way, and their duty with regard to citizens having the conditions of concerned persons, to make real and effective their right and power of choice, in accordance with the rules that regulate administrative procedures conducted in any of the official languages, or both at the same time, pursuant to articles 10, 11 and 12 of the Regional Act on the Basque Language, the present Regional Decree, as an indispensable complement to the Act, envisages the possibility for those bodies of Public Administrations within the Basque-speaking area, while respecting their autonomy and self-organization faculties, to be provided with the necessary material elements in order to guarantee this right.

With regard to the relations held by these Public Administrations and related corporations with other Administrations, one must distinguish, on the one hand, those related to the State Administration and Justice Administration, in which cases will govern the legislation concerning the Ordinary Administrative Procedure and the Organic Act of the Judiciary.

Inter-administrative relations with the rest of the Public Administrations of Navarre shall be governed under the principle of voluntariness and autonomy of the parties except when any of them are interested parties in the procedures, in accordance with the norms that regulate the administrative procedures. In this case, articles 10, 11 and 12 of the Regional Act on the Basque Language shall govern as regards the rest of citizenship with the condition of concerned subjects.

On the other hand, in accordance with the constitutional doctrine, the qualification of specific requirement provided by the preceding regulations as regards the knowledge of the Basque language when it is preceptive to accede to specific posts, has been replaced by that of preceptive knowledge, more accordingly with the wording of article 15.2 of the Regional Act on the Basque Language, in order to therefore include it within the scope of the skills to be evaluated in accordance with the principles of values and capacities envisaged in Article 103 of the Constitution.

Finally, such revision shall be carried out, for reasons of normative techniques, by means of a new text replacing the preceding one.

The Council of Navarre has delivered a preceptive opinion in its session of November 6th, 2000, after adjusting this Regional Decree to its recommendations.

Pursuant to this, on a proposal from the Counselor of Presidency, Justice and Domestic Affairs and in compliance with the agreement adopted by the Government of Navarre in its session of December 11th, 2000, I decree:

TITLE I

GENERAL PROVISIONS

Article 1.

1.The present Regional Decree develops the regulation on the normal and official use of the Basque language in the Public Administrations of Navarre. Its scope of application consists in the Administration of the Regional Community of Navarre, Local Administrations and those public corporations related to them.

2. Being its essential objectives:

I. In the Basque-speaking area, to render possible the indistinct use of any of the two official languages as languages of work and public services.

II. In the mixed area, to organize and enable the necessary staff in order to render possible the exercise of linguistic rights by the citizens living in this area.

III. In the central services of the Administration of the Regional Community of Navarre, to organize and enable the necessary staff so that users may be attended in Basque, if required by them. Central services of the Administration of the Regional Community of Navarre are those, which regardless of the territory they are based in, concern the whole of the population of Navarre.

3. The application of the present Regional Decree shall be carried out progressively, in accordance with the eventual possibilities of the different Administrations.

Article 2.

The areas to which the present Regional Decree refers correspond, as regards their delimitation and denomination, to those established in article 5 of the Regional Act 18/1996 on the Basque Language, of December 15th.

Article 3.

The application of the preceptive principle and the appraisal of the knowledge of Basque as a merit in the provision of posts in the Public Administration of Navarre, shall be carried out in the terms and conditions deriving from what establishes the Regional Act on the Basque Language, in this Regional Decree and in the decisions that complement it.

Article 4.

The Government of Navarre shall determine, as regards any of the actions envisaged in the present Regional Decree, the institutions to collaborate and, when necessary, do the coordination between the Departments of the Administration of the Regional Community of Navarre, specially with regard to the enforcement of the rules of procedure concerning the use of Basque which the Government of Navarre may approve. It will also determine the collaborating body in the elaboration of rules of procedure concerning the use of Basque in local bodies and other public administrations that may request it, subject to the provisions of the present Regional Decree.

Article 5.

The Government of Navarre and those public Act bodies linked to the Administration of the Regional Community of Navarre shall elaborate and approve the plans aiming at the progressive achievement of the goals stated in article 1.2 of the present Regional Decree. In the like manner, Local Administrations shall be able to elaborate their own plans within their scope of action.

Article 6.

The Administration of the Regional Community of Navarre, local Administrations and bodies of public law related to them shall adopt measures aimed to the progressive training of the necessary staff as regards the knowledge and use of the Basque language, in order to comply with the provisions of the Regional Decree on the Basque Language, the present Regional Decree and further regulations to be developed.

TITLE II

THE BASQUE LANGUAGE IN THE ADMINISTRATION

SECTION I

General Disposition

Article 7.

The use of the Basque and Spanish languages in the Public Administrations of Navarre, and in other linked public corporation based in the Basque-speaking area, shall be ruled under the criteria established by the Regional Act on the Basque Language and the present Regional Decree, while always respecting the citizens' right to freely choose whatever of the two official languages in which they can be attended, as well as the right of non-discrimination for linguistic reasons.

SECTION II

External and domestic usages

Article 8.

1. All administrative procedures using whatever official language shall be valid and have full juridical effectiveness.

2. All administrative procedures involving strictly called administrative actions, in the terms established by the juridical system, and which knowledge must be notified to other individual or legal persons within the same area, should be written in both languages, except in those cases involving people having the condition of concerned persons who, in accordance with the norms ruling administrative procedures, express their will to choose only one of them, according to articles 10, 11 and 12 of the Regional Act on the Basque Language.

3. All authorized bodies of public Administrations, and any other linked ones, shall be able to establish the use of printed matters, papers or forms either in Spanish, Basque or in bilingual form concerning the undertaking of actions by concerned subjects according to what establishes the preceding paragraph.

THIRD SECTION

Relations between Public Administrations

Article 9.

1. Administrative documents, announcements and communications from Public Administrations and other related public corporations based in the Basque-speaking area addressed to other ones sited in the same area, should be written in both official languages either in one single document or in two separate ones, except when an agreement is reached between the two involved parties aiming at only using one of them, according to the decision by the Administration authorized body, or the respective Corporation.

2. In compliance with articles 12 and 13 of the Regional Act on the Basque Language and with their contents, public officials having a public authority to attest documents and the function of administrative attestation should in all cases issue in Spanish the copies of those public documents delivered to their respective administrations that must take effect outside the Basque-speaking area. Likewise, the issue of copies and attestations of entries placed upon the Registries depending on public Administrations shall be carried out in any of the official languages.

3. The relations held between public Administrations of the Basque-speaking area and its bodies depending on the State Administration and its Institutions, shall be carried out in Spanish, except when addressed to institutions sited in the territory of Navarre, in which case Basque can also be used in accordance with article 36 of the Act on the Juridical Status of Public Administrations and Ordinary Administrative Procedures.

4. With regard to the relations with the Justice Administration, the aforementioned public Administrations shall adjust to what the Organic Act on the Judiciary establishes.

5. In inter-administrative relations, Public Administrations in the Basque-speaking area shall be able to use the language agreed on with the other administrations, except when such relation derives from an administrative procedure in which the other administrations have the condition of concerned parties under the terms of the legislation regulating administrative procedures, in which case shall govern article 11 of the Regional Act on the Basque Language, and article 8.2 of this Regional Decree.

FOURTH SECTION

Relation with the administered

Article 10.

1. All communications and announcements addressed to individual or legal persons from the Basque-speaking area itself, shall be written in bilingual form, except in those cases when the interested parties express their will to use one of the two official languages, in compliance with article 11 of the Regional Act on the Basque Language.

2. In relations deriving from procedures in which citizens, or other public administrations, have the condition of concerned parties, under the terms envisaged in articles 8.2 and 9.5 of this Regional Decree, shall be able to use printed matters, papers and forms written in Spanish, in Basque, or in bilingual form.

3. In their oral communications, public officials shall attend the citizens in any of the two official languages chosen by the latter.

FIFTH SECTION

Image, announcements and publications

Article 11.

1. All labels indicating offices, bureaus and branch offices, documentation headings or letterheads, official stamps and any other identifying and signaling elements shall be written in bilingual form.

2. All regulations and their publication in the OFFICIAL GAZETTE of Navarre as an effectiveness requirement, as well as all signals in urban ways and place names shall be written in Spanish and Basque, in compliance with article 16 of the Regional Act on the Basque Language.

CHAPTER II

Mixed Area

FIRST SECTION

General application criteria

Article 12.

1.The use of Basque and Spanish in any Public Administration of Navarre sited in the mixed area shall be governed by the criteria established in the present Regional Decree.

2. All Public Administration of Navarre serving in the mixed area shall take the appropriate measures as to render possible the exercise of the citizens' right to address the Administration in the Basque language, as stated in the present Regional Decree.

3. An administrative body of official Basque-Spanish translation shall be established in the central services of the Administration of the Regional Community of Navarre, sited in Pamplona, which activity shall be addressed to the whole of the population. Further complementary measures shall be also adopted in order to render possible the provision of their basic administrative services in Basque, when so required by the user. The creation of an administrative translation body by other Public Administrations in their central services within the mixed area of Navarre shall be facultative. This shall be developed within the framework of the plans referred to in article 5 of the present Regional Decree.

SECOND SECTION

Material sources

Article 13.

Headings and letterheads of printed matters of internal use in Public Administrations and linked public corporations shall be written in Spanish. If the printed matters are of public use, distinct forms in Spanish and Basque shall have to be offered to the interested person to choose.

THIRD SECTION

Institutional relations

Article 14.

1. All documents, announcements and administrative communications issued between the Public Administrations and the public corporations linked to them from the mixed area, or with others from the Basque-speaking area, can be bilingual in one single document, whereas in Spanish in case of using one language only.

2. All documents, notices and administrative communications that Public Administrations, and the public corporations linked to them and sited in the mixed area, address to other Administrations sited in the Basque-speaking and mixed areas shall be written in Spanish, except if corresponding to administrative procedures originated in the Basque-speaking area and in the Basque language, in which case they may be continued in bilingual form.

3. All documents, announcements and administrative communications addressed to Public Administrations and the public corporations linked to them not included in the preceding paragraphs shall be written in Spanish. Bilingual ones shall also be valid when corresponding to administrative procedures originated in the Basque-speaking and mixed areas.

FOURTH SECTION

Relations with the administered

Article 15.

1. Communications and announcements issued from services of the Regional Community of Navarre Administration sited in the mixed area and addressed to individual or legal persons of the Basque-speaking area shall be written in Spanish, except when the concerned persons request the use of the Basque language, in which case it can be written in bilingual form.

2. Printed matters and forms for the use of individual or legal persons of the mixed area can be either used in their only-Spanish documents or in their bilingual Spanish-Basque forms, although in separate units in order to render possible the users' choice according to his/her interests.

FIFTH SECTION

Image, notices and publications

Article 16.

1. All labels indicating offices, bureaus and branch offices of the Public Administrations of Navarre, and in public corporations linked to them sited in the mixed area, as well as in documentation headings or letterheads, official stamps and any other identifying and signaling elements, shall be written in Spanish.

2. The Spanish language shall be used in orders, notices, publications, announcements and all kind of advertising.

3. Without any prejudice to the preceding provisions, all brochures, graphic campaigning material, publications or other similar written papers issued by the Administration of the Regional Community of Navarre, addressed to the whole of the population, shall only be written in Spanish, or in a single bilingual edition, or in different editions in Spanish and Basque, depending on each case, and through the decision of the Counselor of the Department in charge of the publication.

CHAPTER III

Non Basque-speaking area

Article 17.

1. Public Administrations in the non Basque-speaking area shall require to interested subjects the simultaneous submission of a translation into Spanish of whatever documents they submit in Basque, although, if not possible, they will be able to use the existing official translation services for citizens when, in the exercise of their rights, they may only address the former in the Basque language.

2. All the proceedings, printed matters, stamps, documentation, announcements, communications, signals, labels, publications and publicity of the Public Administrations of the non Basque-speaking area and public law bodies related to them, shall be carried out in Spanish.

TITLE III

PRECEPTIVE KNOWLEDGE AND APPRAISAL OF BASQUE IN THE ACCESS TO AND PROVISION OF POSTS

CHAPTER I

Basque-speaking area

Article 18.

1.The Public Administration of Navarre shall indicate through a legal decision, the posts in their respective organic staffs for which the knowledge of the Basque language is mandatory in order to fulfill them according to the competent contents, to the provisions of this Regional Decree and the requirement itself, while expressing the level of knowledge corresponding to the activity of the aforementioned posts.

2. This linguistic requirement shall be subsequently stated in the corresponding public offers of vacancies as well as in their calls.

3. Whomever fulfils these posts shall only be able to subsequently participate in the provision of vacancies corresponding to posts in which the knowledge of the Basque language is mandatory.

4. The rights acquired by the persons who are holding posts for which the future requirement of the mandatory knowledge of Basque shall apply, shall be respected. However, they shall be offered the opportunity to freely participate in the training actions that may be carried out as regards the Basque language.

Article 19.

The knowledge of the Basque language shall be considered, amongst others, a qualified merit for the admission and the provision of the rest of vacancies when being part of the competitive exam of merits.

Article 20.

1. The knowledge of the Basque language for vacancies in all levels in which it is mandatory, or considered a qualified merit, may have to be accredited by means of a proficiency certificate issued by an Official School of Languages, or by means of an equivalent officially authorized qualification, or else through passing an exam to determine whether the applicant has the linguistic level required by the organic staff or by the call itself.

2. The Public Administration of the Regional Community of Navarre shall, as long as it is required to do so and in accordance with the available means, elaborate linguistic tests, collaborate in the official translating tasks, in the analysis of the vacancies in order to evaluate the requirement of the specific knowledge of Basque, and in the evaluation of the rating system as regards the provision of posts and training courses of Basque language for public officials.

Article 21.

1. In those cases in which the knowledge of Basque should be valued amongst others as a qualified merit in the Basque-speaking area, the increased percentage of the valuation, in relation with the marks required as a merit as regards the knowledge of the French, English or German languages as languages of official use in the European Union, shall not exceed in any case the 10%, and its specific quantification shall be determined in the corresponding call.

2. These merits shall be accredited in accordance with the criteria put forward in article 20 of the present Regional Decree.

CHAPTER II

Mixed area

Article 22.

1. The Public Administrations of Navarre sited in the mixed area shall not have any obligation to qualify the knowledge of the Basque language as mandatory in order to fulfill or provide those vacancies in their officials' staff, except for those devoted to Basque-Spanish translation services.

When the knowledge of Basque in relation to a specific post is qualified as mandatory in the mixed area, those dispositions included in paragraphs 1 to 4 of article 18 of this Regional Decree shall be applied.

2. The Public Administrations of Navarre sited in the mixed area shall be able to qualify on a voluntary basis specific posts in their basic administrative services for which the knowledge of Basque is considered a merit amongst others for their fulfillment or provision, by means of a legal decision and a precise indication in the organic staff.

3. The accreditation of the knowledge of Basque shall be carried out in accordance with the provisions of article 20 of the present Regional Decree.

Article 23.

1. The valuation of the knowledge of Basque as a merit in the mixed area, whenever it is so considered, shall not in any case exceed the 5% of the marks required as regards the knowledge of the French, English or German languages, as languages of official use in the European Union, and its specific quantification shall be determined in the corresponding call.

2. These merits shall be accredited in accordance with the criteria put forward in article 20 of the present Regional Decree.

TITLE III

LINGUISTIC TRAINING OF THE STAFF

Article 24.

The Public Administration of the Regional Community of Navarre shall organize training courses in Basque aiming to guaranteeing the availability of the necessary number of proficient staff in this language, in order to render possible the accomplishment of the aims envisaged in the Regional Act on the Basque Language, in this Regional Decree, and in the regulations and plans deriving from their enforcement. The modalities of these courses, the conditions for their access and participation shall be regulated, as well as the obligations to collaborate in tasks of public attention in Basque and Basque-Spanish translation, amongst others, which should be assumed by whomever participate in them under a voluntary basis.

ADDITIONAL PROVISIONS

First.- The Government of Navarre shall collaborate with the State Administration in order that the competent bodies can adopt the necessary measures aimed to the progressive training of the officials' staff of the State Administration sited in Navarre, who must use this language when rendering their administrative services, in accordance with the Order of the 20th of July, 1990, of the Ministry for Public Administrations, the Act on the Juridical Basis of Public Administrations and Ordinary Administrative Procedures and in the present Regional Decree.

Second.- At the suggestion of the Counselor of the Department of Presidency, Justice and Domestic Affairs of Navarre, an Agreement shall be taken in accordance with the present Regional Decree, and concerning the establishment of the definitive rates regarding any of the calls for the fulfillment and provision of posts, incorporating the specific merit provided the knowledge of French, English and German, as official languages of the European Union, as well as that corresponding to Basque.

Third.- In order to regulate those matters related to the specific use and appraisal of Basque in the exercise of the teaching public function, a corresponding Agreement shall be taken, on a proposal from the Counselor of Education and Culture, adjusting the preceding regulations into the line of the present Regional Decree.

Fourth.- Wherever this Regional Decree establishes the bilingual version in labels, signals, documents, printed maters, forms, stamps, notices, publications, publicity and communications as valid, this shall be carried out in separate documents for Spanish and Basque, or jointly, according to the decision of the competent body of the Administration or respective corporation, except when prescribed in the present Regional Decree.

Fifth.- Whenever it is necessary to settle a controversy as regards the interpretation of the contents of official documents in their Spanish and Basque versions, Public Administrations and related corporations shall in first instance decide upon the document written in Spanish as well as on its legal effects.

DEROGATORY PROVISION

All provisions opposing the contents of the present Regional Decree, with an inferior or equal status, and the integral contents of Regional Decree 135/1994, of 4th of July, on the Regulation of the Use of Basque in the Public Administrations of Navarre, as well as regulations deriving from it, shall be derogated.

FINAL PROVISIONS

First.- The Counselor of Presidency, Justice and Domestic Affairs shall be empowered to give as many provisions are necessary for the implementation and development of the present Regional Decree.

Second.- This Regional Decree shall enter into force on the day of its publication the "OFFICIAL GAZETTE of Navarre".

Pamplona/Iruña, December, 11th, 2000.

The President of the Government of Navarre, Miguel Sanz Sesma.

The Counselor of Presidency, Justice and Domestic Affairs, Rafael Gurrea Induráin.

Note: This is the unofficial English translation by Mercator. We acknowledge with thanks data from the Mercator-Legislation, CIEMEN.

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