The Superior Court of Navarra rules that the Plaza de la Constitución in Pamplona also be labeled in Basque

Pamplona's Plaza de la Constitución will also be labeled in Basque. The decision derives from the fact that the term “Constitution” is not a proper name, but a common one. This conclusion drawn by the Administrative Litigation Chamber of the Superior Court of Justice of Navarra (TSJN) has led the Chamber to determine that the Plaza de la Constitución in Pamplona must also be labeled in Basque. This ruling, with a long judicial history, has its origin in the appeal presented in 2022 by the then councilor of the Pamplona City Council Joseba Asiron (EH Bildu) – current mayor – against the decision of the councilor who was councilor at the time, Enrique Maya (UPN). , of not labeling said square in both languages, as established by the regulations. The sign that gives its name to the space currently reads “Plaza Constitución” and just below, in small form, you can read “Spanish Constitution of 1978-1978ko Espainiako Konstituzioa”. Given the recent change in the mayor's office, it is foreseeable that no more appeals will be presented and that the council will modify the sign in a short period of time to incorporate, in a large scale, the name in Basque.

For the court, the key has been to determine whether the name chosen by the council—“Constitution”—is a proper name or not. If it were, it would not be translatable. “As for proper names, it is true that they do not allow translation and must be labeled with the registered name, whether in Spanish or Basque.” However, they make it clear in the ruling that constitution is a common name, “as are the terms organic law, provincial law, legislative decree, law decree, all of them translatable. Not even the denominations Magna Carta, Supreme rule of the legal system either Law of laws They convert the term constitution into a proper name.”

The court thus rejects the thesis defended until now by the Pamplona City Council (in the hands of UPN until the recent motion of censure in December), which considers that the naming of the streets gives rise to a proper name. ex novo In other words, when giving a name to a square, the term Constitution it becomes a proper name in itself. “What the denomination gives rise to is a name ex novo for a place, but that name will be proper or common depending on its nature, without the fact of attributing a name to a street converting it into a proper name per se, However, it singles him out from others,” the judges emphasize in the resolution.

The events date back to January 2022, when the Pamplona City Council He baptized this road with the name “Constitution Square.” That year, Asiron filed an appeal against the council's decision not to translate the word “constitution” when it understood that it was violating the ordinance regulating the use of Basque, which, in its article eight, establishes that “the City Council of Pamplona will use Spanish.” and Basque when it is addressed in a general way to citizens. Thus, the labeling of buildings, streets and public spaces will be bilingual.”

In June 2022, the Administrative Court of Navarra (TAN) Asiron's appeal was upheld and the council appealed. In March 2023, the Contentious-Administrative Court Number 2 of Pamplona confirmed the TAN resolution, which, again, was appealed by the Maya team. Now, it has been confirmed by the Contentious-Administrative Chamber of the TSJN. In the ruling, the TSJN understands that “the general rule is the labeling of buildings, streets and public spaces in Spanish and Basque and the exception, which must be subject to restrictive interpretation like any exception to the general rule, is monolingual labeling, either in Basque or in Spanish.” This ordinance regulates the relationship between the municipal public administration and citizens which, given that Pamplona is located in the mixed zone of Navarra, must be carried out in both languages. As the council detailed at the time, “as a general criterion, the citizens of Pamplona have the right to address the City Council, both in Spanish and Basque, orally or in writing. The Administration will respond to them in the language initially used in oral conversations and, either in Spanish, or bilingually, in written communications. The Provincial Community is divided into three areas – Basque-speaking, mixed and non-Basque-speaking – to adapt the relationship between public administrations and citizens to the sociolinguistic reality of each area.

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