The Inapplicability of the Extraordinary Constitutional Way of Creation of the Basque-Navarre Community

Abstract

In the last two decades, the controversy over the eventual integration of Navarra into the Autonomous Community of the Basque Country has regained relevance in the political debate. Both the main actors of the system and the vast majority of the constitutional doctrine presume the provisions for this purpose in the fourth transitory provision of the Constitution are still in force and applicable. This paper tries to justify why this rule, like others also related to the process of autonomous creation, exhausted its effects at the moment in which Navarra acceded to autonomy by a different means (first additional provision of the Constitution) and is, by so much, since then inapplicable.