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by Antonio Gutiérrez, taken with permission from the S.E.V. website
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Let me try a complete history of the basque coat-of-arms. The emblem was initially decreed on October 19th, 1936 (published October 21st) by the Provisional Government of Euzkadi. The text of this Decree is already on FOTW-ws. With the arrival of the new regime in 1939, the emblem, along with the flag and the autonomy, were suppressed. The symbols continued in use by the Basque Government in exile.
On January 4th, 1978, following the establishment of the democratic government in Spain, was instituted the Consejo General del País Vasco (General Council of the Basque Country), by Royal Decree-Law No. 1/78, published in BOE of January 6th. The Agreement of November 2, 1978 restablished the 1936 emblem.
Four years later (in 1982) came the request of the Navarran governement regarding the presence of the Navarran coat-of-arms on the basque emblem, resolved by the Constitutional Court in 1985 (also on FOTW-ws). This sentence was observed by the Basque government, and an Agreement of March 25th, 1986 modified the Arms, removing the Navarran chains leaving the fourth quarter plain red. The Decree 690/91, of December 17 oficialized the previous Agreement. Another Decree, the 117/93, of April 27 established the official design of the emblem.
There are some differences between the older and the new design, as follows:
Antonio Gutiérrez, 10 December 1999
António Martins mentioned that the coat-of-arms referred by Dave Martucci might be the coat-of-arms of the Autonomous Government of the (Spanish) Basque Country 1936-1939, which was created by the Decree of 19th October 1936 concerning the adoption of the coat-of-arms and flag, shortly before the start of the Spanich Civil War, and disappeared at its end. He also suggested it might be the initially proposed coat-of-arms for the Basque Autonomous Community, which was later rejected by a 1981 Constitutional Court sentence which said the arms of Navarre could not appear on the Basque coat-of-arms (at least until Navarre decides to join the Basque Autonomous Community). It wasn't in 1981 that the Constitutional Court rejected the "Navarran coat of arms" out of the Basque coat of arms, but in 1985. It is the STC 94/1985 of 29th July. (Source: Boletín de Jurisprudencia Constitucional 52-53, Agosto-Septiembre 1985. Cortes Generales. Secretaría General del Congreso de los Diputados. Secretaria General del Senado. ISSN 0211-5921). The request of the Navarran governement was transmitted in 1982. The decision concerning the Navarran coat of arms is quite long (13 pages DIN A4). I cannot explain all but the judging was based on several points:
Pascal Vagnat, 24 October 1998
The coat of arms on official Basque Government flags no longer includes the arms of Navarre, following a legal suit from the Navarre Government (Navarre being an Autonomous Community, on the same legal footing as the Spanish Basque Country), who claimed that the usage of the arms of a region on the flag of another was illegal. The Constitutional Court (highest Court of Justice in Spain) agreed, and the Basque Government had to leave the 4th quarter empty, with a red background as had previously shown, but without the chains that stand for the ancient Kingdom of Navarre.
José Gabriel Barbero, 27 January 1999
Coat-of-arms charges are:
Dave Martucci, 7 March 1998
The leaves are oak leaves, since the national symbol is the tree of Gernika which is an oak.
Mikel, 21 August 1999
Here is the translated text of the 19th October 1936 Decree:
"STATEMENT
The Provisional Government of Euzkadi has amongst its functions that of providing the public entity which it represents with the insignia and emblems that the Basque Country shall use in official life. Amongst them must be the Government's emblem and the flag or banner. Both of uniform and compulsory use, symbols of that new entity which emerged to public official life with the announcement of the Autonomy Act approved in the terms foreseen in the Constitution of the Spanish Republic of December, 1931."Presently the Euzkadi territory is integrated by Araba, Gipuzkoa and Bizkaya [sic], the incorporation of Nabara [sic] to that territory being foreseen in the Act. Thus the emblem of the Government of Euzkadi must contain, removing all attributes standing for monarchical or lordly powers or symbolizing fratricidal fights of the Basque lands, the arms of Araba, Gipuzkoa, Bizkaya and Nabara, in a single blazon of four quarters surrounded by a wreath of oak leaves, a reminder of the tree of the Basque freedoms, that of Gernika.
"The flag must be that which gathers Basque unity and which the use, ever more frequent in the Basque lands, has sanctioned as such symbol of their unity. Designed by Arana-Goirítar Sabin [sic - Sabino Arana, no idea why h