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94-598: It was formed in 1930, upon the reunification of the ultraconservative Aberri group and the moderate majority Comunión Nacionalista Vasca in the Basque Nationalist Party , by those who refused to support the traditional clerical ideology of the party. Its support was restricted to urban middle class and, as such, was a minority party. ANV played a minor role during the Republic , when it usually aligned with left and republican parties (being even part of

188-613: A Saskatchewan law. Although the law was passed long after Thatcher's murder conviction, the courts have ruled that such laws prescribe only civil penalties (as opposed to additional criminal penalties) and are thus not subject to Charter restrictions. Article 90 of the Constitution of Croatia states that "only individual provisions of a law may have a retroactive effect for exceptionally justified reasons". According to Croatian legal scholar Branko Smerdel  [ hr ] , this means that "a law cannot be applied retroactively as

282-520: A crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations ; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law called an amnesty law may decriminalize certain acts. Alternatively, rather than redefining

376-465: A social-democratic ideology, while the EAJ-PNV remained more attached to its Christian-democratic ideas. The split was particularly bitter given that it was headed by the lehendakari (premier) himself. Many EAJ-PNV political bars ( batzoki  [ eu ] , "meeting place") became alkartetxe  [ eu ] ("meeting house"). Since 1991, as time has eased the bitter split (helped by

470-464: A crime that had only been legislated against. Largely, the executions were considered retribution for the assassination of the legislator, Deputy Seán Hales TD the previous day. The imposition of retroactive criminal sanctions is prohibited in the subsequent Irish Constitution , introduced by Eamonn De Valera , in Article 15.5.1°. Retroactive changes of the civil law have also been found to violate

564-625: A criminal offense under the law in force at the time the act was committed. And that no one shall be sentenced to a heavier penalty than the one that was applicable at the time the offense was committed. Generally, the Finnish legal system does not permit ex post facto laws, especially those that would expand criminal responsibility. They are not expressly forbidden; instead, the ban is derived from more general legal principles and basic rights. In civil matters, such as taxation, ex post facto laws may be made in some circumstances. Former Minister of

658-468: A grand total of some 187,000 votes (those votes for lists declared ineligible prior to the elections were declared null). Among the illegal lists were those of Bilbao , San Sebastián and Vitoria ; but not those of Pamplona city council, where EAE-ANV has two representatives. In February 2008, the Spanish government declared EAE-ANV illegal as a precautionary measure to prevent them from taking part in

752-609: A meagre 0.64% of the total votes in the Basque country. During these years, ANV received compensation for the property seized after the war by the Francoist government. After the 1977 election, ANV chose not to run for elections by itself but run in subsequent elections as a minor part of the electoral platforms of the Basque National Liberation Movement . It was not a part of KAS though. Thus, when

846-530: A sentence (whether imprisoned or on probation or parole) on December 15, 2004, were required to register, regardless of when their offense and conviction occurred. However, the registry was not retroactive to anybody who had completed their sentence by late 2004 and was not on the Ontario registry. Canadian courts have never ruled on the somewhat retroactive nature of the sex offender registry, since this seems to have never been challenged. Sex offender registration

940-601: A signatory of the European Convention on Human Rights and as a member of the European Union whose Charter of Fundamental Rights has the effect of law, any retroactive law could still be struck down. Retroactive criminal sanctions are prohibited by Article 2, Part 1 (Chapter 1) of the Criminal Code of the Republic of Lithuania . Retroactive administrative sanctions are prohibited by Article 8 of

1034-587: A small faction known as the "Aberrianos" ("Fatherlanders") within the party remained committed to the cause of independence. In 1921, the leading members of the Aberrianos were kicked from the moderate Basque Nationalist Communion. Later that year, the Aberrianos officially formed their own political party, reclaiming the name "Basque Nationalist Party". During the single party dictatorship of Captain General Miguel Primo de Rivera (1923-1930),

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1128-632: A small faction split from the Basque Nationalist Communion shortly before the reunification, calling itself Eusko Abertzale Ekintza-Acción Nacionalista Vasca (" Basque Nationalist Action "). It was on the moderate nationalist left, non-confessional and open to alliances with Spanish republican and socialist parties. The division between autonomism and independentism appeared again during the Second Spanish Republic . Headed by Aberriano veteran Eli Gallastegi ,

1222-646: A small group of independentists coalesced around the Mountaineering Federation of Biscay and its affiliated weekly publication Jagi-Jagi ("Arise Arise"), and abandoned the now-moderate and autonomist Basque Nationalist Party. After the Spanish Civil War of 18 July 1936, the party felt torn. Certain branches of the party supported the rebellion against the Republic, feeling sympathy for its Catholic and anti-Communist agenda. However,

1316-716: A state. The law was used to punish Adolf Eichmann and others. Article 25, paragraph 2, of the Italian Constitution , establishing that "nobody can be punished but according to a law come into force before the deed was committed", prohibits indictment pursuant a retroactive law. Article 11 of preliminary provisions to the Italian Civil Code and Article 3, paragraph 1, of the Statute of taxpayer's rights, prohibit retroactive laws on principle: such provisions can be derogated, however, by acts having force of

1410-684: A war front had been established at the northern tip of Álava and to the west of Donostia-San Sebastián . Initially, the Defence Committees in Biscay and Gipuzkoa were dominated by the Popular Front . After hard negotiations, eventually Basque autonomy was granted within the Second Spanish Republic in late 1936, and the new autonomous government immediately organized the Basque Army , consisting of militias recruited separately by

1504-619: A whole, and regulations enacted pursuant to statutory authority can never be applied retroactively". Following the liberation of Denmark from Nazi occupation in 1945, the Folketing , heavily influenced by the Frihedsråd , passed a special law (Lov Nr. 259 af 1. Juni 1945 om Tillæg til Borgerlig Straffelov angaaende Forræderi og anden landsskadelig Virksomhed, colloquially landsforræderloven (the traitor law) or strafferetstillægget (the penal code addendum)), temporarily reintroducing

1598-518: Is a Basque nationalist and regionalist political party . The party is located in the centre of the political spectrum. The party is described as Christian-democratic , with social-democratic and conservative-liberal factions. In 2020 the party voted in favour of the investiture of the current Prime Minister of Spain, Pedro Sánchez , belonging to the Spanish Socialist Workers' Party . It operates in all

1692-842: Is a party to the International Covenant on Civil and Political Rights . The implementation of retrospective criminal laws is expressly prohibited by the Covenant. Australia is also a party to the Optional Protocol to the International Covenant on Civil and Political Rights . The Protocol enables individuals subject to the jurisdiction of a state party to file complaints with the United Nations Human Rights Committee for that state party's non-compliance with

1786-512: Is a word comprising two parts: JeL (the acronym for "God and the Old Laws") and -(t)zale (literally meaning "fond of"). Thus jeltzale could be rendered in English as "one who is fond of God and the Old Laws (JeL)", or translated simply as "nationalist". A jelkide (after -kide , "companion") is a member of the party. Alderdi Eguna ("Party Day") is the national holiday of

1880-499: Is punishable without a pre-existing law, and that in the case an act was punishable but the law was changed after the criminal act the "most favorable" (to the suspect) of the two laws will apply. In Civil Law there is no such provision. Section 7 of the Interpretation Act 1999 stipulates that enactments do not have retrospective effect. The New Zealand Bill of Rights Act 1990 also affirms New Zealand's commitment to

1974-674: Is the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 in the state of Karnataka . The Indonesian Constitution prohibits trying citizens under retroactive laws in any circumstance. This was tested in 2004 when the conviction of Masykur Abdul Kadir , one of the Bali bombers , under retroactive anti-terrorist legislation was quashed. Ex post facto laws, in all contexts, are prohibited by Article 169 (Chapter 11) of

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2068-793: Is the largest Basque nationalist party, having led the Basque Government uninterruptedly since 1979, except for a brief period between 2009 and 2012. In Navarre, it is part of the coalition Geroa Bai , which is currently a junior partner of the PSOE in the Navarrese regional government. Currently a member of the European Democratic Party , EAJ-PNV was previously a member of the European Free Alliance from 1999 to 2004. Earlier it had been affiliated with

2162-589: Is unclear. Historically there have been three exceptional instances when ex post facto criminal laws have been used in Finland. In France , so-called " lois rétroactives " (retroactive laws) are technically prohibited by Article 2 of the Code Civil , which states that: "Legislation provides only for the future; it has no retrospective operation". In practice, however, since the Code Civil does not have

2256-687: The Basque Country in both Spain and France. In 1916, the Basque Nationalist Party renamed itself the Basque Nationalist Communion ( Comunión Nacionalista Vasca ). This name change marked a departure, in many aspects, from the original doctrine of the late Sabino Arana and casting itself as a broader social movement rather than simply a political party. The Basque Nationalist Communion at this point advocated for Basque autonomy within Spain, rather than outright independence. However,

2350-540: The Charter of Rights and Freedoms these rights are not absolute, and may be overridden. The Canada sex offender registry , which went into effect on December 15, 2004, is somewhat retroactive. When the registry was created, all offenders who were on the Ontario sex offender registry, which was created in 2001, were required to register on the national registry. In addition, sex offenders in all provinces who were serving

2444-646: The European People's Party and the Christian Democrat International (from which it was expelled in 2000). The current chairman of the EAJ-PNV is Andoni Ortuzar . The party's youth wing is Euzko Gaztedi . The EAJ-PNV's social offices are called batzokis, of which there are over 200 throughout the world. Since 1932, the party celebrates Aberri Eguna (Homeland Day) on Easter . Also, since 1977, it celebrates Alderdi Eguna (Party Day). The Basque Nationalist Party (EAJ-PNV)

2538-641: The French Penal Code , except in cases wherein the retroactive application benefits the accused person (called retroactivity in mitius ). They are also considered unconstitutional, since the principle of non-retroactivity is laid down in Article 8 of the Declaration of the Rights of Man and of the Citizen , which has constitutional status under French law. The épuration légale trials held after

2632-414: The International Covenant on Civil and Political Rights and Universal Declaration of Human Rights , with section 26 preventing the application of retroactive penalties. This is further reinforced under section 6(1) of the current Sentencing Act 2002 which provides, "[p]enal enactments not to have retrospective effect to disadvantage of offender" irrespective of any provision to the contrary. Section 26 of

2726-662: The Iranian Constitution . During the Irish Civil War , Anti-Treaty IRA members Rory O'Connor , Liam Mellows , Richard “Dick” Barrett and Joseph McKelvey were executed ex post facto and without trial, just 2 days into the existence of the Irish Free State . Despite being imprisoned for over four months, following their deaths the Third Dáil retrospectively approved their executions for

2820-698: The Kellogg–Briand Pact , the Covenant of the League of Nations , and the various Hague Conventions . William O. Douglas complained that the Allies were guilty of "substituting power for principle" at Nuremberg Trials because the actions of the defendants were lawful in the 1930s Germany. He contended that the Nuremberg Trials were implementing laws after the fact (that is, ex post facto) "to suit

2914-561: The Norwegian Constitution prohibits any law to be given retroactive effect. The prohibition applies to both criminal and civil laws, but in some civil cases, only particularly unreasonable effects of retroactivity will be found unconstitutional. Article 12 of the Constitution of Pakistan prohibits any law to be given retroactive effect by stating: The 1987 Constitution of the Philippines categorically prohibits

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3008-734: The Nuremberg Trials following World War II were based on ex post facto law because the Allies did not negotiate the Nuremberg Charter , which defined crimes against humanity and created the International Military Tribunal, until well after the acts charged. Others, including the International Military Tribunal, argued that the London Charter merely restated and provided jurisdiction to prosecute offenses that were already made unlawful by

3102-603: The Popular Front in 1936) and in the Civil War . It was a part of the Basque Government in Exile from 1936 to 1979, and of the Spanish Republican government in Exile from 1938 until 1946, represented by a minister without portfolio , Tomás Bilbao . When democracy resumed in Spain , ANV run by itself for the first contemporary Spanish general election presenting candidates in Biscay and Gipuzkoa , achieving

3196-617: The Radbruch formula . In 2010, the Hungarian National Assembly established a 98% punitive tax on any income over two million forints received either as a retirement package or as severance pay in the previous five years in the government sector. In India, without using the expression " ex post facto law ", the underlying principle has been adopted in the article 20(1) of the Indian Constitution in

3290-621: The Universal Declaration of Human Rights and was an original signatory in 1948. The Declaration includes a prohibition on retrospectively holding anyone guilty of a penal offence that was not an offence at the time it was committed. The Australian Human Rights Commission states the Declaration is an "expression of the fundamental values which are shared by all members of the international community" but "does not directly create legal obligations for countries." Australia

3384-469: The Westminster system of government, ex post facto laws may be possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes, within legal constraints. In a nation with an entrenched bill of rights or a written constitution , ex post facto legislation may be prohibited or allowed, and this provision may be general or specific. For example, Article 29 of

3478-475: The death penalty (previously abolished in 1930) for acts of treason committed during German occupation. Passed on 1 June 1945, the law applied to actions performed subsequent to 9 April 1940, unless those actions were done under orders from the government prior to 29 August 1943. With this authorization, 103 death sentences were issued, of which 46 were carried out. Estonian constitution is declaring that no one shall be convicted of an act which did not constitute

3572-485: The 1944 liberation of France introduced the status of indignité nationale for Nazi collaborators as a way to avoid ex post facto law. Article 103 of the German basic law requires that an act may be punished only if it has already been punishable by law at the time it was committed (specifically: by written law, Germany following civil law). Robert A. Taft , at the time a U.S. Senator from Ohio, asserted that

3666-584: The 1950s and 1960s, the party looked for alliances abroad, expecting at first that the defeat of the Axis in World War II would encourage USA's support for an eventual overthrow of Franco's hold on power, which did not happen. In addition, it was a founder party of the Christian Democrat International , but now the party is an active member of the European Democratic Party . In the late 1960s and early 1970s, contacts started with other Spanish parties to assert

3760-758: The 2006 government of President Juan José Ibarretxe Markuartu . Still, EA decided to run by itself in the municipal elections held in May 2007. Former president Juan José Ibarretxe spearheaded a call for the reform of the Statute of Autonomy that governs the Basque Country Autonomous Community , through a proposal widely known as the Ibarretxe Plan , passed by the Basque Parliament but not even accepted for discussion by

3854-651: The Administrative Code of the Republic of Lithuania. Lithuanian lawyer Dainius Žalimas contends that there has been retroactive application of the law on Genocide (and subsequently adopted articles of the Criminal Code) against participants in Soviet repressions against Lithuanian guerilla fighters and their supporters, and gives examples of such decisions. The Article 99 of the Criminal Code of

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3948-568: The Basque Government's building and that the anti-Nazi Charles de Gaulle maintained it as a Spanish Government's possession. The building today is the Instituto Cervantes premises where French people can learn any of the Spanish languages, including Basque. In 1959, ETA was created by young undergraduates from the area of Bilbao (organisation EKIN) lured by Basque nationalist ideology, but increasingly disgruntled at

4042-435: The Basque Nationalist Party was outlawed, and its members went underground. Many of its activities continued through mountaineering ("mendigoxale") and folklore associations. However, the Basque Nationalist Communion was tolerated by the Spanish dictatorship as it was considered a moderate regionalist party. At the end of 1930, the two nationalist organisations united under the original name Basque Nationalist Party. However,

4136-482: The Basque Nationalist Party which is annually celebrated on the last Sunday of September, the Sunday closest to the feast day of Saint Michael , the patron saint of Euskal Herria and of the Basque Nationalist Party. The central act of this celebration is a political meeting of leading nationalists, but the celebration begins in the morning with a traditional festival in which the different municipal organizations from

4230-399: The Basque independentist party, Batasuna , was banned by the Spanish Supreme Court in 2002 after government allegations of its close relationship to ETA, EAE-ANV remained as a legal party. The banning of Batasuna drew attention to the virtually unknown and inactive EAE-ANV as it was informally designated by Batasuna's ranks as the political heir of the illegalized Batasuna. Consequently, it

4324-442: The Bill of Rights and the previous sentencing legislation, the Criminal Justice Act 1985, caused significant digression among judges when the New Zealand Parliament introduced legislation that had the effect of enacting a retrospective penalty for crimes involving an element of home invasion. Ultimately, the discrepancy was restricted with what some labelled artificial logic in the cases of R v Pora and R v Poumako . Article 97 of

4418-451: The Constitution of Albania explicitly allows retroactive effect for laws that alleviate possible punishments. Ex post facto criminalization is prohibited by Article 7 of the European Convention on Human Rights , Article 15(1) of the International Covenant on Civil and Political Rights , and Article 9 of the American Convention on Human Rights . While American jurisdictions generally prohibit ex post facto laws, European countries apply

4512-402: The EAJ-PNV's position in a new post-Francoist order. At the same time, the Basque Nationalist Party confirmed its stance against ETA in a period when its violent actions saw a surge and its influence in society was very apparent, especially in street protests. Juan de Ajuriaguerra paved the way for the EAJ-PNV's comeback to Basque politics from exile, and started to negotiate their participation in

4606-408: The Interior Päivi Räsänen became subject of a criminal investigation about suspected agitation against an ethnic group in late 2019 over her text concerning homosexuality, which was published online in 2004. The statute of limitations for said charge is five years, which has led the case to be interpreted as ex post facto . However, agitation against an ethnic group is a perpetuating crime , and

4700-407: The International Covenant on Civil and Political Rights. According to the 5th Article, section XXXVI of the Brazilian Constitution , laws cannot have ex post facto effects that affect acquired rights, accomplished juridical acts and res judicata . The same article in section XL prohibits ex post facto criminal laws . Like France, there is an exception when retroactive criminal laws benefit

4794-440: The Latin term in mitius . Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). In some nations that follow

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4888-472: The Regions , the Basque Nationalist Party sits in the Renew Europe CoR group with one full and one alternate member for the 2020-2025 mandate. Retroactive legislation An ex post facto law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law , it may criminalize actions that were legal when committed; it may aggravate

4982-533: The Republic of Lithuania was introduced only on September 26, 2000, and therefore can't be used in events of 1944–1953. According to the first and second paragraphs of the 14th Article of the Mexican Constitution , retroactive application of the law is prohibited if it is detrimental to a person's rights, but a new law can be applied if it benefits the person. Article 4 of the Law on General Provisions (in effect since 1838) states that "The law has no retroactive effect". Article 1 of Criminal Law states that no act

5076-462: The Republic, or France. However, some members of the Alavese and Navarrese committees, ahead of an official decision, published notes refusing support to the Republic . Notwithstanding their initial ambiguous position in certain areas, the party premises and press in Álava and Navarre were closed in that month of July. Some PNV sympathizers and members joined the Carlist battalions, either out of conviction or to avoid persecution. By October 1936,

5170-448: The Republic, the Basque Army surrendered to the Italian Corpo Truppe Volontari through the so-called Santoña Agreement . Prison sentences and executions followed, as the rebel government of Francisco Franco ruled that separate terms of surrender could not be made between the Basques and Italians. The Basque government then moved to Barcelona until the fall of Catalonia , and then out of Spain into exile in France . Lehendakari Aguirre

5264-411: The Spanish Cortes Generales . In 2009, the EAJ-PNV was expelled from office by an alliance of the Socialist Party of the Basque Country and the People's Party , taking advantage of a distorted parliament representation issued from the outlawing of left-wing Basque nationalists. Until that moment, the EAJ-PNV dominated every administration of the Basque government. In Navarre, the EA and EAJ-PNV formed

5358-430: The accused person. In Canada , ex post facto criminal laws are constitutionally prohibited by section 11(g) of the Charter of Rights and Freedoms . Also, under section 11(i) of the Charter, if the punishment for a crime has varied between the time the crime was committed and the time of sentencing following a conviction, the convicted person is entitled to the lesser punishment. Due to section 1 and section 33 of

5452-483: The clamor of the time." American Chief Justice Harlan Stone , likewise, called the Nuremberg Trials a "fraud" because of the ex post facto laws. The problem of ex post facto law was also relevant in the 1990s after German reunification as there was a discussion about the trials against East German border troops who killed fugitives on the Inner-German border ( Mauerschützen-Prozesse – Wall-shooters'/ -guards' trials ). German courts in these cases recurred to

5546-441: The coalition Nafarroa Bai —'Yes to Navarre'—along with Aralar and Batzarre , but a split within the coalition led to its revamp as Geroa Bai . In terms of ideology, by November 2016 the Basque Nationalist Party shifted its rhetoric to make the autonomous community of Euskadi the subject of the Basque nation. The EAJ-PNV called for: Note: The National Council of the Basque Nationalist Party ( Euzkadi-Buru-Batzar )

5640-408: The constitution when they would have resulted in the loss in a right to damages before the courts, the Irish Supreme Court having found that such a right is a constitutionally protected property right. Israel enacted the 1950 Nazis and Nazi Collaborators (Punishment) Law for the purpose of punishing acts that occurred during the Second World War and the Holocaust , when Israel did not exist as

5734-574: The constitutional separation of powers principle. Australian courts normally interpret statutes with a strong presumption that they do not apply retrospectively. Retrospective laws designed to prosecute what was perceived to have been a blatantly unethical means of tax avoidance were passed in the early 1980s by the Fraser government (see Bottom of the harbour tax avoidance ). Similarly, legislation criminalising certain war crimes retrospectively has been held to be constitutional (see Polyukhovich v Commonwealth ). Australia participated in drafting

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5828-399: The enactment or validity of such a law. There is, thus, a difference between the Indian and the American positions on this point; whereas in the United States, an ex post facto law is in itself invalid, it is not so in India. The courts may also interpret a law in such a manner that any objection against it of retrospective operation may be removed. An example for retrospective law in India

5922-448: The fact that both Arzalluz and Garaikoetxea have gone into political retirement), both parties agreed to form an electoral coalition in a number of local elections as a means to maximise the nationalist votes, which eventually led to reunite both candidatures in a joint list again for the regional governments of Navarra and the Basque Autonomous Community in 1998. Thus, EA has participated in several EAJ-PNV-led Basque governments, including

6016-461: The federal Parliament, which has exclusive jurisdiction over criminal law, has never attempted to enact an ex post facto law (or any other law) using section 33. The Charter prohibition applies only to criminal law. Changes to civil law in Canada can be, and occasionally are, enacted ex post facto . In one example, convicted murderer Colin Thatcher was ordered to forfeit proceeds from a book he had published (after being paroled from prison) under

6110-497: The first elections held in the Basque Autonomous Community , once Navarre was left out. In the transition years after Franco's death in 1975, Xabier Arzallus came to prominence, who masterminded the so-called "Spirit of Arriaga" to accommodate the party to the new Spanish democracy. Despite some internal tensions, the former priest and Jesuit came up reinforced and was chosen undisputed party leader. The EAJ-PNV found its main and strongest support base in Biscay, while in Navarre EAJ-PNV

6204-440: The following words: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence. Further, what article 20(1) prohibits is conviction and sentence under an ex post facto law for acts done prior thereto, but not

6298-429: The ineffective political action of the EAJ-PNV, largely daunted by post-war repression and scattered in exile. In addition, the new generation resented an attempt of the EAJ-PNV to pull the strings of their movement and PNV's youth wing Euzko Gaztedi (EGI), with whom they had merged in the mid-1950s, as well as showing a more modern stance, stressing for one the language as the centre of Basqueness , instead of race. In

6392-411: The large Basque exiles' network at the service of the Allied side and collaborated with the US Secretary of State and the CIA during the Cold War to fight Communism in Spanish America. When the United States decided to back Franco in 1952, Aguirre went to France where the Basque Government in exile was established. Also, he learned there that the pro-Nazi French government of Vichy confiscated

6486-419: The new status-quo, with special attention to a new Statute. The EAJ-PNV's results in the 1977 and 1978 elections confirmed PNV's central position in Basque politics. While the EAJ-PNV advocated for abstention in the referendum on the Spanish Constitution for its lack of Basque input, the party supported the Statute of Autonomy of the Basque Country , approved in December 1978, and paved the way to its success in

6580-420: The ordinary law; on the contrary, non-retroactivity in criminal law is thought absolute. Article 39 of the constitution of Japan prohibits the retroactive application of laws. Article 6 of Criminal Code of Japan further states that if a new law comes into force after the deed was committed, the lighter punishment must be given. Lithuania has no constitutional prohibition on ex post facto laws. However, as

6674-411: The party set up stands to sell drinks and their more typical products, all brightened up by traditional music. Dances and traditional sports are also enjoyed. The celebration takes place in an open air arena (currently in Foronda , Álava ), and lasts until nightfall. In the European Parliament , the Basque Nationalist Party sits in the Renew Europe group with one MEP. In the European Committee of

6768-545: The party spurred the formation of a splinter group with a stronghold in Gipuzkoa , which in turn led to a new party in 1987, when dissenters from the EAJ-PNV formed the Basque Solidarity ("Eusko Alkartasuna", EA) party. Carlos Garaikoetxea was then elected as the first president of the rival party. The split from the EAJ-PNV was mainly based on: Afterwards, some ideological differences also came out. EA adopted

6862-482: The powerful manufacturing industry of Bilbao, thinking that they had the responsibility to secure the prosperity of their people in the future. This decision allowed the occupying rebel forces to use the industrial power of Bilbao in their war effort against the rest of Republic-aligned Spain. In July 1937, having lost all Basque territory, the Basque Army retreated toward Santander . With no territory or help from

6956-515: The principle of lex mitior ("the milder law"). It provides that, if the law has changed after an offense was committed, the version of the law that applies is the one that is more advantageous for the accused. This means that ex post facto laws apply in European jurisdictions to the extent that they are the milder law. Australia has no strong constitutional prohibition on ex post facto laws, although narrowly retrospective laws might violate

7050-521: The rebel forces. Jose Antonio Aguirre stated that "the German planes bombed us with a brutality that had never been seen before for two and a half hours." Pablo Picasso made a painting in remembrance of the massacre named after the city that year. When Bilbao, the most populated city in the Basque Country, was taken by Franco's troops, the Basque nationalists decided to not destroy or sabotage

7144-588: The rebel troops approached Biscay, the Carlist press in Pamplona even called for the extermination of Basque nationalists. José Antonio Aguirre , the party leader, became in October 1936 the first lehendakari (Basque president) of the wartime multipartite Basque Government , ruling the unconquered parts of Biscay and Gipuzkoa. In April 1937, the city of Gernika was bombed by German airplanes covertly aiding

7238-456: The relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered. A pardon has a similar effect, except it applies in just one case instead of a class of cases. Other legal changes may alleviate possible punishments retroactively, for example by replacing the death sentence with lifelong imprisonment. Such legal changes are also known by

7332-649: The republic, democracy, and anti-fascism in the ensuing Spanish Civil War and were key in balancing those provinces to the Republican side. In the territory seized by the rebels, PNV members faced tough times. During the military uprising in Navarre, the Basque nationalist mayor of Estella-Lizarra , Fortunato Aguirre, was arrested by the Spanish nationalist rebels (18 July 1936), and killed in September. Some Basque nationalists could flee north to Basque areas loyal to

7426-478: The right-wing rebels insisted on a unified Spain, making them hostile to nationalist movements in regions such as the Basque Country. Furthermore, the Basque Nationalist Party was also anti-Fascist , while Fascists constituted a large part of the rebellion. Ultimately, the republican government was able to secure the allegiance of the Basque Nationalist Party with the promise to pass a Basque Autonomy Statute. The Biscayan and Gipuzkoan branches declared support for

7520-410: The shortest possible legal notice. Thus, the legal assessment declaring some of the lists ineligible was made in a hurry, which also left little time (24 hours) for appeal on the part of the party. Some EAE-ANV members then claimed that a " presumption of guilt " was applied that remained to be properly proven in due time. However, EAE-ANV could take part in the elections with its legal lists, and received

7614-706: The status of constitutional legislation and can therefore be overruled by subsequent laws, the Conseil Constitutionnel has determined that retroactive laws can be passed within certain limits – such as in the case of financial or tax legislation –, particularly where it is considered to be in the "general interest"; this has been demonstrated by a series of decisions handed down by the Conseil Constitutionnel concerning retroactive tax laws. However, in criminal law, ex post facto sanctions are effectively forbidden as per Article 112-1 of

7708-413: The statute of limitations only begins once the offending material has been removed from public viewing. The investigation has still been characterized as strange, as Räsänen's text is hardly the only material online or otherwise that could be viewed as agitation against an ethnic group, and the demarcation between who should and who should not be prosecuted for publishing and/or making such material available

7802-645: The territories comprising the Basque Country : the Basque Autonomous Community and Navarre in Spain , and in the French Basque Country . It also has delegations in dozens of foreign nations, specifically those with a major presence of Basque immigrants . The EAJ-PNV was founded by Sabino Arana in 1895, which makes it the second oldest extant political party in Spain , after the Spanish Socialist Workers' Party . The EAJ-PNV

7896-519: The traditional laws of the Basque provinces , observed by the kings of Castile, and later Spain, until the Carlist Wars . The motto of Basque Carlists was Dios, patria, fueros, rey ("God, Country, Fueros, King "). Basque nationalism evolved out of Carlism, eventually supplanting it in much of the Basque Country. Jeltzale in the party's Basque-language name Euzko Alderdi Jeltzalea

7990-460: The various political organizations, including the EAJ-PNV, EAE-ANV, and Jagi-Jagi . The autonomous government maintained remarkable order behind the lines in Biscay and western Gipuzkoa, and managed the coordination and provision of military resistance. Upon occupation of territories loyal to the Republic, the rebel forces focused repression on leftists, but Basque nationalists were also targeted, facing prison, humiliation, and death in some cases. As

8084-595: The year's general election . This suspension was later on confirmed by the Spanish Supreme Court declaring EAE-ANV illegal. The case was taken by the defendants to the European Court of Human Rights , which upheld the Spanish court rulings stating that the EAE-ANV candidatures were, in effect, a "fraud" constructed to circumvent the previous outlawing of Batasuna. Despite the fact that the party

8178-583: Was created in 1911. Therefore, Sabino Arana and Ángel Zabala were only presidents of the Regional Council of Biscay ( Bizkai-Buru-Batzar ) JeL ( Jaun-Goikua eta Lagi-zaŕa , "God and the Old Laws" in Arana's purist Biscayan Basque , Jaungoikoa eta Lege-zaharra or Jaungoikoa eta Foruak in Standard Basque) is the motto of the party. The "old laws" referred to are the fueros ,

8272-524: Was declared illegal, the court ruling was not retroactive , which meant that those elected members of EAE-ANV remained in their positions as city councilors until the next Spanish local election was held in 2011. Basque Nationalist Party The Basque Nationalist Party ( Basque : Euzko Alderdi Jeltzalea , EAJ [eus̺ko aldeɾdi jelts̻ale.a] ; Spanish : Partido Nacionalista Vasco , PNV; French : Parti Nationaliste Basque , PNB; EAJ-PNV ), officially Basque National Party in English,

8366-698: Was during the 2007 municipal and provincial Spanish elections when the new EAE-ANV received intensive media and political attention. Nearly half of its lists were declared illegal prior to the elections, because a significant portion of the candidates on them had previously run for either Batasuna, EH or HB (different reincarnations of the same base). This despite the fact those parties were legal when these candidates ran for them. The Supreme Court declared that those EAE-ANV lists were providing cover to an illegal party (Batasuna), and, therefore, those list including former Batasuna members were ineligible. EAE-ANV only disclosed its intentions to run for those elections with

8460-629: Was exiled in Belgium when Hitler 's forces invaded it, thus beginning his long clandestine journey to reach the United States. With a false identity, he travelled to Berlin, and then on to Sweden with the help of a Panamanian ambassador. He fled Europe for Latin America, where in Uruguay he re-assumed his real identity and was given a visa to the United States. He travelled to New York, where he

8554-483: Was founded in 1895 by Sabino de Arana Goiri as a Catholic and conservative political party agitating for political independence for the province of Biscay and the defence of Basque traditional culture, language , and racial purity. In fact, in its early years, party membership was restricted to those who could prove pure Basque ancestry by having eight Basque surnames. By 1897, the party sought independence not only for Biscay but for all seven provinces comprising

8648-588: Was next to non-existent. Carlos Garaikoetxea spearheaded the new autonomous government after being elected with 38.8% of the votes and during this first term the Basque Nationalist Party held office without outside support. During this period, the EAJ-PNV's challenges were closely associated to its position in the Basque Government: defense of the Statute, devolution of powers from Madrid, discrediting of political violence, restructuring of manufacturing industry steeped in crisis. As of 1985, tensions inside

8742-593: Was not mandatory for sex offenders until 2011, and had to be ordered by a judge. Sex offender registration was seemingly mandatory for people convicted before December 15, 2004, who were serving a sentence on that date, but was only optional for sex offenders convicted between December 15, 2004, and January 1, 2011. Because section 11 of the Charter is among the sections that can be overridden under section 33 (the notwithstanding clause), Parliament could in theory enact ex post facto laws by invoking section 33. However,

8836-484: Was taken under the protection of American Basques as a professor at Columbia University . The president of the Basque Government in exile was always a EAJ-PNV member. Additionally, the sole Spanish representative in the United Nations was the Basque appointee Jesús de Galíndez , until his murder in an obscure episode regarding his PhD Thesis about Dominican Republic's dictator Trujillo. He also decided to put

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