The forerunner of the Gernika Statute was the short-lived Statute of Autonomy for Álava, Gipuzkoa and Biscay, which came to be enforced in October 1936 just in Biscay, with the Spanish Civil War already raging, and which was automatically abolished when the Spanish Nationalist troops occupied the territory.

Before the Spanish Constitution of 1978 and its system of autonomous communities, these three provinces were known in Spanish as the Provincias Vascongadas since 1833. The political structure of the new autonomous community is defined in the Gernika Statute, which was approved by a majority in a referendum held on 25 October 1979. Nowadays it is one of the most decentralised regions in the world; in this regard it has been described as having “more autonomy than just about any other in Europe” by The Economist.

As regards the bounds to the Spanish Constitution, Basque nationalists cite the fact that in the 1978 Spanish Constitution referendum, which was passed with a majority of votes and a poor turnout in this area, the Basque Country had the highest abstention (the Basque Nationalist Party had endorsed abstention on the grounds that the Constitution was being forced upon them without any Basque input). To this, the “NO” vote in this referendum was also higher in the Basque Country than in the rest of the state. All in all, many Basques believe that they are not bound to a constitution that they never endorsed.

The Statute of Autonomy of the Basque Country is an organic law but powers have been devolved gradually during decades according to re-negotiations between the Spanish and the consecutive Basque regional governments to reach an effective implementation, while the transfer of many powers are still due and has always been a matter of heated political discussion. Basque nationalists often put down this limitation in the devolution of powers to concessions made to appease the military involved in the 23-F coup d’état attempt (1981).

In 2003, the governing Basque Nationalist Party (PNV) proposed to alter this statute through the Ibarretxe Plan. The Ibarretxe bill was approved by absolute majority in the Basque Parliament after much discussion, as it was subject to lengthy legal objections—on the grounds that it contradicts the Spanish Constitution—that were ultimately overcome. Despite its mandate of the majority of the autonomous Parliament, the main two parties in Spain (PSOE, PP) imposed a blockade on a discussion of the Plan in the Spanish Parliament (Madrid Cortes Generales), resulting in its rejection for debate by a large majority of that Parliament in January 2005.

Since the first autonomic cabinet, the Basque Nationalist Party has held office in the Basque Autonomous Community except for a 2009–2012 term, led by Patxi López (PSE-PSOE). The current Basque prime minister is Iñigo Urkullu, also a member of the Basque Nationalist Party. Despite ETA’s ceasefire in 2011, this autonomous community shows the highest rate of police per 100 inhabitants in Western Europe by 2018. As agreed with the Spanish premier Zapatero in 2004, Urkullu intends to increase the figure of ertzainas, while the Spanish PP’s Ministry of Interior rejects a pullback of Spanish police bodies, as demanded by the large majority of the political forces in the autonomous parliament, even pointing to an increase of the Guardia Civil in the future.