LAW 4/2023, of February 9, reforming the name of the




The Legal Consultant

summary

On behalf of the King and as President of the Autonomous Community of Aragon, I promulgate this Law, approved by the Courts of Aragon, and order its publication in the Official Gazette of Aragon and in the Official State Gazette, all in accordance with the provisions in article 45 of the Statute of Autonomy of Aragon.

PREAMBLE

I

On September 29, 2022, the Regional Council of La Ribagorza approved, with an institutional nature, a motion that established the following: Ribagorza is the region that is most northeast of the Autonomous Community of Aragon. It limits to the north with France, to the east with the Autonomous Community of Catalonia, to the east with the Region of Sobrarbe and to the south with the Regions of Somontano de Barbastro and La Litera. Its name refers to the way in which this territory has historically been called since at least the Middle Ages.

This territory was officially constituted as the mirror region on June 19, 2002, when the Official State Gazette, number 146, published Law 12/2002, of May 28, creating the La Ribagorza Region.

On the one hand, from the moment of the publication of Law 12/2002, of May 28, of creation of the Comarca de La Ribagorza, the controversy and the disparity of opinions regarding the use or not of the article La in the denomination of Ribagorza have been constant. Both associations, entities, historians and institutions as well as the civil population have defended, based on different historical sources, that although in common speech Ribagorza is named interchangeably with and without the article La, the official name must do without the article.

On the other hand, in article 10 of said Law, in its point 3, it is said that there is an Advisory Commission, made up of all the mayors of the local entities of the region, which will meet at least twice a year in the Villa de Benabarre (...). This Advisory Commission has certainties with a political body called the General Council of Ribagorza, which was in force from the 12th century to the 2002th century. Due to its similarity and to give the history of Ribagorza the value and importance it deserves, it was considered appropriate to proceed with the change of the Advisory Commission of Mayors for the General Council of Ribagorza in Law 28/XNUMX, of May XNUMX.

Yo

The deletion of the article La in the official name of the Region of La Ribagorza, as it currently appears in Law 12/2002, of May 28, is based on different texts, sources and historical publications.

The texts that are continually cited correspond, all of them, from the first third of the XNUMXth century, are preserved in the Archive of the Crown of Aragon and constitute different examples of text messages in which Ribagorza wrote without an article.

Know that the lord king receives great tuition from the men of Benasch et de la val, that all the men of Ribagora pay guidance to the lord king that their cattle take to Spayna, and they, doing service to the past officials according to what they say, still excused. (1310).

(...) they personally came before the justice of Ribagora and signed the dreyto before him, and the justice received the signature of the dreyto and gave the sentence that I cease, et avie aous de la junta. (1316).

Ara, senyer, tuyt ausense ab aquestes malos cards, per que vos, senyer, hii datz dressa a profit del senyor rey, et ab la bona prova que tenitz, et no creatz nuyll hom de Ribagossa de go que us diguen, que vergoya anun totz tems de dir veritat, et preense de monsonges. (1310).

Conegue sennyor, your great Altea, that, for some reasons that some people sued me in Arago and face in Ribagorza, to which we believe that we have just enough time to defend, your justice of Arago, (us) not cited and admonished requests, sometimes seen the lawsuit against us davant la posada, per sa carte mana al sobrejunter de Ribagorza enant a penyorar nos et nostres homes. (1310).

Sign(+)nal of me, Jacme pavallya, notary public for all the comdat of Ribagorpa for acting of the great high lord infant don Pedro count of Ripacorpa et de Ampurias, who wrote the said letter. (1330).

Not only medieval historiography justifies the suppression of the article La en Ribagorza. In the 1822th century there are numerous examples such as the chronicler Joaquín Manuel de Moner y Siscar (1907-1878), in his Historia de Rivagorza: desde su origen a nuns días (Fonz, 1923), who always uses Ribagorza, ignoring the article and writing Ribagorza vs. He is not the only one; many other historians of the territory, in their publications, studies or writings, have been reflecting Ribagorza without the article La, as is the case of Manuel Iglesias Costa (2001-1847) in his Historia del Condado de Ribagorza or in his three volumes of Art Religious of Eastern Upper Aragon or of Mariano Pano (1948-1866), in his Numismatics of Urgel and Rivagorza. This is also the case of the two texts that are reproduced, corresponding respectively to Documentos Ribagorzanos en tiempos de Ludovico Pio y Carlos el Calvo by Manuel Serrano y Sanz (1932-1844) and La santa Duquesa: vida y vitudes de la venerable y Excma. Mrs. Luisa de Borja y Aragn, Countess of Ribagorza and Duchess of Villahermosa by Jaime Nonell i Mas (1922-XNUMX):

(...) Because there are very few Spanish documents from the XNUMXth century, we publish this collection of writings that, like almost all of Ribagorza's from that century (...).

(...) D. Juan de Aragón, son, as has already been said, by D. Alonso, was born in Benabarre, head of the county of Ribagorza, on March 27, 1457 (...).

Therefore, the historical, common and reiterated basis that supports the name of the Ribagorza Region without the article that regulates through this Law is clear.

third

The change in the name of Advisory Commission of Mayors for the historical form General Council of Ribagorza has its historical basis in the similarity between both organizations.

Thus, the General Council of Ribagorza is a documented political organization from at least the second half of the 1554th century until 1578, when Felipe II extinguished the fiefdom and began a series of revolts, such as those of Benabarre, in 1587 and 1591, between the king and the king. may of the count until finally, in XNUMX, Felipe II puts an end to the county.

The General Council of Ribagorza could be defined as a complementary body to the county administration that, at present, can be compared with some courts or parliaments of Ribagorza. During its validity, councilors from all the towns and places that made up Ribagorza met in Benabarre every January 22, the feast of Saint Vicente Martyr, to deal with the different eventualities of the territory through its permanent commission. During the years that this body was in force, its functions were modified or adapted to the political and social situation of the territory.

The villages or places chosen formed the General Council of Ribagorza, with the obligation to attend, they were Benabarre, Montaana, Arn, Benasque, Azanuy, Calasanz, Tolva, Capella, Fantova, Perarra, Castanesa, Laspales, Gel, Viacamp, Monesma, Castigaleu , Alins, Castejn de Sos, Liri, Eresu, Ballabriga, Santorens, Calvera, Bonansa, Santaliestra, Terraza, Veri and La Muria, Val de Lierp, Antenza, Serraduy, San Esteban del Mall, Erdao and Centenera, San Lorenzo, Cornudella, Panillo, Noales and Seiu, a territory whose surface is quite similar to the current Ribagorza. Municipalities such as Graus, Campo, La Puebla de Castro or Lascuarre were missing because these fiefdoms, during those years, belonged to San Victorin and were not part of the General Council of Ribagorza.

The functions of the General Council of Ribagorza were diverse and related to the operation of the territory. Before the General Council of Ribagorza, the new counts swore an oath of privileges, uses and customs of the county before taking possession of the territory. Not everyone willingly accepted this custom, as in the case of Count Martín de Gurrea y Aragón, who first sent his butler on his behalf and, faced with the refusal of the council, sent a lawyer who accompanied him, obtaining the same response. of the Council: the donation of the county had to be reported to the count. Count Martín, out of his mind, said that he would make the people of Ribagorza pay homage to the tail of his mule and in 1554 Prince Don Felipe formally required Don Martín not to meddle in the Ribagorza fiefdom anymore, and ordered the Ribagorzanos that they did not pay him fruits or rents.

This is one of the examples of the historical relevance of the Council's functions, and of the historical justification for the change of name.

A fragment of the session books of the General Council from the mid-1451th century (1453 and 37, Real Academia de la Historia, Salazar y Castro, ms. U-XNUMX) is also transcribed below, illustrating the nature of that body:

Dimercres a XII de abril anno M CCCC XLI, en la villa de Benavarre, por los afers davall escrits, foch justat Conseyll General deis prohomens del condado de Ribagorza, quoted literally by management of the honorable gentleman in Joan Guillem Espannol, escuder loctinent de solicitor general del dit comtat, e per los jurats de la villa de Benabarre daval escrits, et foren-hi los que's segueixen:.

In a letter from Count Juan de Navarra addressed to the same institute in 1451, he described himself with a very similar expression:

Als amats e fels nostres los loctinente de procurador e jurats e prohomens del Consell General del comtat de Ribagora, rei de Navarra, infant egobernador general de Arago e de Sicily (...).

In 1469, an agreement between the Ribagorzanos and King Juan II (who until then was also a count) for the former to accept the second's bastard son as count, constantly mentions the institution; For example:

The Davall captols in writing by the officials and prohmens of the Ribagorza comdat have granted, confirmed and sworn to the dits prohmens and the General Council of the dit comdat and singulars of that one, and az per lo serensimo senor rey de Arag, ax com a proprietari e senior direct del says commander.

The said towns and lakes of Calasanz, Acanui and Elins will be placed between the hands and power of the prohmens and the General Council of the dit Comptat.

There are many similarities between the Advisory Commission of Mayors (2002) and the historic General Council of Ribagorza (XNUMXth century), so it is opportune to recover the old name for the current Council, a body that currently brings together the representatives of all the municipalities of Ribagorza to deal with issues of interest to the region and to control the action of the Regional Council.

Sole article Modification of Law 12/2002, of May 28, of creation of the Region of La Ribagorza

One. Modification of the title of Law 12/2002, of May 28, of creation of the Region of La Ribagorza.

It is replaced by the title of Law 12/2002, of May 28, creating the Region of La Ribagorza by Law 12/2002, of May 28, creating the Region of Ribagorza.

LE0000173565_20230301Go to Affected Norm

Back. Modification of article 10.

Section 3 of article 10 of Law 12/2002, of May 28, creating the Region of La Ribagorza, corresponding to the organs of the region, is worded as follows:

3. In any case, there is an advisory commission, made up of all the mayors of the local entities of the region, which is called the General Council of Ribagorza and which meets at least twice a year in the town of Benabarre. to know the budget and the regional action program, as well as for any other matter that, due to its relevance, it is considered appropriate to submit to its knowledge, at the proposal of the Council or the President.

LE0000173565_20230301Go to Affected Norm

Additional provision Modification of the references to La Ribagorza in Law 12/2002, of May 28, creating the La Ribagorza Region

All references to La Ribagorza included in the Law are replaced by the term Ribagorza.

Final provision Entry into force

This Law will enter into force the day after its publication in the Official Gazette of Aragon.

Therefore, I order all citizens to whom this Law is applicable, to comply with it, and to the corresponding courts and authorities, to enforce it.