Constitution of Andorra
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The Andorran People, with full liberty and independence, and in the exercise of their own sovereignty,
Conscious of the need to conform the institutional structure of Andorra to the new circumstances brought about by the evolution of the geographical, historical and socio-cultural environment in which it is situated, as well as of the need to regulate the relations which the institutions dating back to the Pareatges. shall have within this new legal framework,
Resolved of the need to be endowed with all the mechanisms leading to juridical security in the exercise of the fundamental rights of the individual, which, although always present and respected in the nature of Andorran society, have not received the protection of any kind of general laws,
Eager to use every endeavour to promote values such as liberty, justice, democracy and social progress, and to keep and strengthen the harmonious relations of Andorra with the rest of the world, and especially with the neighbouring countries, on the basis of mutual respect, co-existence and peace,
Willing to bring their collaboration and effort to all the common causes of mankind, and especially to those of preserving the integrity of the Earth and guaranteeing an environment fit for life for the coming generations,
Desiring that the motto "virtus, unita, fortior", which has presided over the peaceful journey of Andorra over its more than seven hundred years of history, may continue to be a completely valid principle and may always guide the conduct of Andorrans,
Approve the present Constitution, in the exercise of their sovereignty.
TITLE I - SOVEREIGNTY OF ANDORRA
- Andorra is a Democratic and Social independent State abiding by the Rule of Law. Its official name is Principat d'Andorra.
- The Constitution proclaims that the action of the Andorran State is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.
- Sovereignty is vested in the Andorran People, who exercise it through the different means of participation and by way of the institutions established in this Constitution.
- The political system of Andorra is a parliamentary Coprincipat .
- Andorra is composed of the Parròquies of Canillo, Encamp, Ordino, La Massana, Andorra la Vella, Sant Julià de Lòria and Escaldes-Engordany.
- Catalan is the official language of the State.
- The national anthem, the State flag and the coat of arms of Andorra are the traditional ones.
- Andorra la Vella is the capital of the State.
- The present Constitution, which is the highest rule of the legal system, binds all the public institutions as well as the individuals.
- The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
- The universally recognized principles of international public law are incorporated into the legal system of Andorra.
- The treaties and international agreements take effect in the legal system from the moment of their publication in the Butlletí Oficial del Principat d'Andorra and cannot be amended or repealed by law.
TITLE II - RIGHTS AND FREEDOMS
Chapter I. General principles
Article 4 The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.
Article 5 The Universal Declaration of Human Rights is binding in Andorra.
- All persons are equal before the law. No one may be discriminated against on grounds of birth, race, sex, origin, religion, opinions or any other personal or social condition.
- Public authorities shall create the conditions such that the equality and the liberty of the individuals may be real and effective.
Chapter II. Andorran nationality
- The status of Andorran national, as well as its legal effects, is acquired, kept and lost in accordance with the regulations of a Llei Qualificada.
- The acquisition or retention of a nationality other than Andorran shall entail the loss of the latter, subject to the terms and periods established by law.
Chapter III. The fundamental rights of the person and public freedoms
- The Constitution recognises the right to life and fully protects it in its different phases.
- All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- The death penalty is prohibited.
Article 9 1 All persons have the right to liberty and security and shall only be deprived of them on such grounds and in accordance with such procedures as are established in the Constitution and the laws.
- Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours.
- The law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. Likewise the law shall establish the procedure to restore the impaired fundamental rights of any person under detention.
- No one shall be held criminally or administratively liable on account of any acts or omissions which were lawful at the time when they were committed.
- All persons shall have the right to jurisdiction and to have a ruling founded in the law, and to a due trial before an impartial tribunal established by law.
- All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves and to appeal in criminal causes.
- In order to guarantee the principle of equality, the law shall regulate the cases when justice shall be free of cost.
- The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to state or disclose his or her ideology, religion or beliefs.
- Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.
- The Constitution guarantees the Roman Catholic Church free and public exercise of its activities and the preservation of the relations of special co-operation with the State in accordance with the Andorran tradition. The Constitution recognises the full legal capacity of the bodies of the Roman Catholic Church which have legal status in accordance with their own rules.
Article 12 Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy. Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.
- The civil status of persons and forms of marriage shall be regulated by law. The civil effects of Canon Law marriage shall be recognised.
- The public authorities shall promote a policy of protection of the family, which is the basic foundation of society.
- Both spouses have the same rights and duties. All children are equal before the law, regardless of their parentage.
Article 14 The right to privacy, honour and reputation shall be guaranteed. All shall be protected by law against unlawful interference in their family and private life.
Article 15 Inviolability of the dwelling shall be guaranteed. No one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of flagrant delicto. The privacy of communication shall also be guaranteed, except upon a reasoned court order.
Article 16 The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people.
Article 17 The right to associate for a lawful purpose shall be recognised. A law shall establish a Registry of the associations which may be constituted.
Article 18 The right to form and maintain managerial, professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organizations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically.
Article 19 Workers and employers have the right to defend their own economic and social interests. A Law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.
- All persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.
- Freedom of teaching and of establishing teaching centres shall be recognised.
- Parents have the right to decide the type of education for their children. They also have the right to moral or religious instruction for their children in accordance with their own convictions.
Article 21 1 Everyone has the right to move freely throughout the national territory and to enter and leave the country in accordance with the laws.
- Andorran nationals and lawful resident aliens have the right freely to choose their residence in Andorra.
Article 22 The non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by law, after a non-appealable court decision, if the interested person exercises his or her right to jurisdiction.
Article 23 Everyone with a direct interest has the right to petition the public authorities in the form and with the effects provided by law.
Chapter IV. Political rights of Andorran nationals
Article 24 All Andorrans of age, in full use of their rights, enjoy the right of suffrage.
Article 25 All Andorran nationals have the right of accession to public service and office under the same conditions and in accordance with the requirements determined by law. The exercise of institutional posts is reserved to Andorrans, with the exceptions that may be provided for in this Constitution or in international treaties.
Article 26 Andorrans have the right freely to create political parties. Their functioning and organization must be democratic and their activities lawful. The suspension of their activities and their dissolution is the responsibility of the judicial organs.
- Private property and the rights of inheritance are recognised without other limits than those derived from the social function of property.
- No one shall be deprived of his or her goods or rights, unless upon justified consideration of the public interest, with just compensation by or pursuant to a law.
Article 28 The right of enterprise shall be recognised within the framework of the market economy and in accordance with the law.
Article 29 All persons have the right to work, to their promotion through work, and to just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation.
Article 30 The right to health protection and to receive services to look after personal needs shall be respected. With that intent the State shall guarantee a system of Social Security.
Article 31 The State has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna.
Article 32 The State may intervene in the ordering of the economic, commercial, labour and financial system to make possible, within the frame of a market economy system, the balanced development of the society and general welfare.
Article 33 The public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing.
Article 34 The State shall guarantee the conservation, promotion and diffusion of the historical, cultural and artistic heritage of Andorra.
Article 35 The rights of consumers and users shall be guaranteed by law and protected by the public authorities.
Article 36 The State may create media of social communication. In accordance with the principles of participation and pluralism, a law will regulate their organization and control by the Consell General.
Chapter VI. Duties of Andorran nationals and of aliens
Article 37 All individuals and juridical persons shall contribute to the public expenditure depending on their economic capacity, by means of a just taxing system, pursuant to a law and founded upon the principles of generality and equitative distribution of tax burdens.
Article 38 The State may create by law types of community service to pursue tasks of general interest.
Chapter VII. Guarantees of rights and freedoms
- The rights and freedoms recognised in chapters III and IV of this Title bind immediately all public authorities as directly enforceable law. Their contents cannot be limited by law and are protected by the Courts.
- Aliens legally resident in Andorra can freely exercise the rights and freedoms of chapter II of this Title.
- The rights of chapter V form the basis of the legislation and the actions of the public authorities, but they may only be invoked within the conditions determined by the laws.
Article 40 The exercise of the rights recognised in this Title may only be regulated by law. The rights of chapters III and IV shall be regulated by means of lleis qualificades.
- The rights and freedoms recognised in chapters 111 and IV are protected by regular courts through urgent and preferent proceedings regulated by law, which in any case shall be transacted in two instances.
- A law shall create an exceptional Procedure of Appeal before the Tribunal Constitucional against the acts of the public authorities which may violate the essential contents of the rights mentioned in the paragraph above, with the exception of the case provided for in Article 2#
- A Llei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern in case of natural catastrophes, for a term of fifteen days, notifying the Consell General. The latter shall also be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorisation of the Consell General. Any extension of these states requires the necessary approval of the Consell General.
- Under the state of alarm the exercise of the rights recognised in Articles 21 and 27 may be limited. Under the state of emergency the rights covered by Articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The application of this suspension to the rights covered in Articles 9.2 and 15 must apply under the control of the judiciary notwithstanding the procedure of protection established in Article 9.#
TITLE III - THE COPRÍNCEPS
- In accordance with the institutional tradition of Andorra, the Coprínceps are, jointly and indivisibly, the Cap de l'Estat, and they assume its highest representation.
- The Coprínceps, an institution which dates from the Pareatges and their historical evolution, are in their personal and exclusive right, the Bishop of Urgell and the President of the French Republic. Their powers are equal and derive from the present Constitution. Each of them swears or affirms to exercise their functions in accordance with the present Constitution.
- The Coprínceps are the symbol and guarantee of the permanence and continuity of Andorra as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the neighbouring States. They proclaim the consent of the Andorran State to honour its international obligations in accordance with the Constitution.
- The Coprínceps arbitrate and moderate the functioning of the public authorities and of the institutions, and are regularly informed of the affairs of the State by their own initiative, or that of the Síndic General or the Cap de Govern.
- Except for the cases provided for in this Constitution, the Coprínceps are immune from suit. The acts of the Coprínceps are under the responsibility of those who countersign them.
- The Coprínceps, with the countersignature of the Cap de Govern, or when appropriate, of the Síndic General, as politically responsible:
- Call for general elections in accordance with the Constitution.
- Call for a referendum in accordance with Articles 76 and 106 of the Constitution.
- Appoint the Cap de Govern following the procedure provided for in the Constitution.
- Sign the decree of dissolution of the Consell General following the procedure of Article 71 of the Constitution.
- Accredit diplomatic representatives of Andorra to foreign States. Foreign envoys present credentials to each of the two.
- Appoint the holders of office of the other institutions of the State in accordance with the Constitution and the laws.
- Sanction and enact the laws in accordance with Article 63 of this Constitution.
- Express the consent of the State to honour its international treaties under the provisions of chapter III of Title IV of the Constitution.
- Perform such other functions as may specifically be conferred to them by the Constitution.
- The dispositions provided for in letters :# and :# of this Article shall be simultaneously brought to the attention of each Copríncep, who shall sanction and enact them or express the consent of the State, as may fit the case, and the Coprínceps shall ordain their publication within the period between the eighth and the fifteenth days thereafter.
In that period the Coprínceps, individually or jointly, may send a reasoned message to the Tribunal Constitucional, so that this institution may render judgment on their constitutionality. If the resolution is positive the act may be sanctioned with the signature of at least one of the Coprínceps.
- When there may be circumstances impairing one of the Coprínceps from formalising the acts listed in part 1 of this Article within the periods constitutionally provided for, his representative shall make it known to the Síndic General, or when appropriate, to the Cap de Govern. In that case, the acts, norms or decisions in question shall take effect once the aforementioned days have elapsed with the signature of the other Copríncep and the countersignature of the Cap de Govern, or, when appropriate, the Síndic General.
- The Coprínceps may perform the following acts of their free will:
- The combined exercise of the prerogative of grace.
- The creation and structuring of the services considered to be necessary for the performing of their institutional functions, the appointment of the holders of these services and their accreditation to all effects.
- The appointment of the members of the Consell Superior de la Justícia, in accordance with Article 89.2 of the Constitution.
- The appointment of the members of the Tribunal Constitucional, in accordance with Article 96.1 of the Constitution.
- The requirement of a preliminary judgment of unconstitutionality of the laws.
- The requirement of a judgment about the unconstitutionality of international treaties, prior to their ratification.
- The lodging of conflict before the Tribunal Constitucional in relation to their constitutional functions, under the provisions of Articles 98 and 103 of the Constitution.
- The granting of the agreement for the adoption of the text of an international treaty, in accordance with the provisions of Article 66, before its parliamentary approval.
- The acts derived from Articles 45 and 46 are exercised by the Coprínceps personally, except for the faculties provided for in letters e), f), g), and :# of this Article, which may be performed by delegation.
Article 47 The General Budget of the Principality shall assign an equal amount to each Copríncep, for the functioning of their services, which amount they may freely dispose of.
Article 48 Each Copríncep appoints a personal representative in Andorra.
Article 49 In case of vacancy of one of the Coprínceps the present Constitution recognises the validity of the mechanisms of substitution provided for in their respective legal systems, so as not to interrupt the normal functioning of the Andorran institutions.
TITLE IV - THE CONSELL GENERAL
Article 50 The Consell General, which expresses the mixed and apportioned representation of the national population and of the seven Parròquies, represents the Andorran people, exercises legislative powers, approves the budget of the State and prompts and controls the political action of the Govern.
Chapter I - Organization of the Consell General
- The Consellers are elected by universal, free, equal and direct suffrage for a four-year term. Their mandate shall cease four years after their election or on the day that the Consell General is dissolved.
- Elections shall be held between the thirtieth and fortieth days following the dissolution of the Consell General.
- All Andorran nationals fully enjoying their political rights are entitled to vote and to be eligible for election.
- A Llei Qualificada shall regulate the electoral system and shall envision the causes for ineligibility or incompatibility of Consellers.
Article 52 The Consell General consists of a minimum of twenty-eight and a maximum of forty-two Consellers Generals, half of whom shall be elected in an equal number by each of the seven Parròquies and the other half elected on the basis of a national single constituency.
- The members of the Consell General have the same representativity, are equal in terms of rights and duties and are not subject to any form of imperative mandate. Their vote is personal and may not be delegated.
- The Consellers may not be called to account for votes cast or any utterances made in the exercise of their functions.
- Throughout their term the Consellers may not be arrested or detained, except in the cases of flagrant delicto. But for that case, their detention and prosecution shall be decided by the plenary session of the Tribunal de Corts and the trial shall be held by the Tribunal Superior.
Article 54 The Consell General draws up and modifies its own Rules of Procedure, with a majority vote of the Chamber, it fixes its budget and regulates the statute of the staff at its service.
- The Sindicatura is the ruling organ of the Consell General.
- The Consell General assembles in its inaugurating session fifteen days after the proclamation of the electoral results. The Síndic General, the Subsíndic General and, should this be the case, the other members who may statutorily be part of the Sindicatura, shall be elected in that same session.
- The Síndic General and the Subsíndic General may not exercise their office for more than two consecutive full terms.
- The Consell General meets in traditional ordinary and extraordinary sessions, convened in the form prescribed in the Rules of Procedure. There shall be two ordinary periods of session throughout the year, as prescribed in the Rules of Procedure. The sessions of the Consell General are public, unless otherwise decided by the absolute majority of its members.
- The Consell General functions as a Plenum or in committees. The Rules of Procedure shall provide for the formation of legislative committees such that they represent the composition of the Chamber.
- The Consell General appoints a Comissió Permanent to safeguard the powers of the Chamber while it is dissolved or in the period of recession. The Comissió Permanent, under the presidency of the Síndic General, shall be formed in a way that will represent the apportioned composition of the Chamber.
- The Consellers may form grups parlamentaris. The Rules of Procedure shall provide for the rights and duties of the Consellers and of the grups parlamentaris, as well as for the statute of those Consellers not attached to a group.
- The resolutions of the Consell General shall only take effect when it meets with the minimum attendance of half of the Consellers.
- The resolutions take effect when approved by the simple majority of the Consellers present, notwithstanding the special majorities prescribed in the Constitution.
- The approval of the lleis qualificades prescribed by the Constitution requires the final favourable vote of the absolute majority of the members of the Consell General, except for the Lleis Qualificades of elections and referendums, as well as for those of communal competence, and of transference to the Comuns, the approval of which requires the final favourable vote of the absolute majority of Consellers elected in parish constituencies and the absolute majority of Consellers elected in the national constituency.
Chapter II. Legislative procedure
- The legislative initiative corresponds to the Consell General and to the Govern.
- Three Comuns jointly or a tenth part of the electoral roll may put forward Private Members' Bills to the Consell General.
- Govern Bills and Private Members' Bills shall be examined by the Plenum of the Chamber and by the committees in the form prescribed by the Rules of Procedure.
Article 59 The Consell General may delegate the exercise of the legislative function to the Govern, by means of a law. This function may not be sub-delegated. The law of delegation determines the matter delegated, the principles and directives under which the corresponding legislative decree of the Govern shall be issued, as well as the term of its exercise. The authorization will provide for the parliamentary forms of control of the delegated legislation.
- In cases of extreme urgency and need, the Govern may present the Consell General with an Articled text for approval as a law, in a vote on the whole text, within the period of forty-eight hours.
- The matters reserved to a Llei Qualificada may not be subject to legislative delegation or to the procedure provided for in part 1 of this Article.
- The initiative of the Bill of the General Budget corresponds exclusively to the Govern, which has to submit it for parliamentary approval at least two months prior to the expiration of the previous budget.
- The Bill of the General Budget shall be given priority over other matters and it will be carried out in accordance with a specific procedure, as prescribed in the Rules of Procedure.
- If the Bill of the General Budget has not yet been approved on the first day of the corresponding fiscal year, the Budget of the previous year shall automatically be extended until the new one may be approved.
- The Bill of the General Budget may not impose taxes.
- The Finance Committee of the Consell General shall make an annual revision of the execution of the Budget.
- The Consellers and the grups parlamentaris have the right to amend Govern and Private Members' Bills.
- The Govern may request the Consell General not to debate those amendments implying an increase of expenditure or a decrease of revenue in relation to the amounts provided for in the Law of the General Budget. The Consell General, by an absolute majority vote of the Chamber, may challenge that request by means of a reasoned motion.
Article 63 Once a bill has been passed by the Consell General, the Síndic General will present it to the Coprínceps so that they may sanction it, enact it and order its publication in the Butlletí Oficial del Principat d'Andorra.
Chapter III. International treaties
- The international treaties shall be approved by the Consell General by absolute majority of the Chamber in the following cases:
- Treaties linking the State to an international organization.
- Treaties related to internal security and to defence.
- Treaties related to the territory of Andorra.
- Treaties affecting the fundamental rights regulated in Title II.
- Treaties implying the creation of new burdens for the Public Finances.
- Treaties creating or modifying dispositions of a legislative nature or requiring legislative measures for their implementation.
- Treaties dealing with diplomatic representation or consular functions, about judiciary or penitentiary cooperation.
- The Govern shall inform the Consell General and the Coprínceps of the conclusion of the other international agreements.
- The previous agreement of the absolute majority of the Chamber shall be required for the repeal of the international treaties affecting the matters enumerated in epigraph #
Article 65 For the purpose of furthering the interests of the Andorran people, of international progress and peace, legislative, judicial and executive functions may be relinquished only to international organizations and by means of a treaty which shall be passed by a majority of two-thirds of the members of the Consell General.
- The Coprínceps participate in the negotiation of the treaties affecting the relations with the neighbouring States when dealing with the matters enumerated in letters :# o and :# of Article 64.#
- The Andorran delegation with the task of negotiating the treaties mentioned in the previous paragraph, shall be composed of the members appointed by the Govern and by a member appointed by each Copríncep.
- The adoption of the text of treaties shall require the agreement of the members appointed by the Govern and of the members appointed by the Coprínceps.
Article 67 The Coprínceps are informed of the other drafts of international treaties and agreements, and by request of the Govern, they may be associated to the negotiation before their parliamentary approval, if the national interest of Andorra so requires.
Chapter IV. Relations of the Consell General with the Govern
- After each renewal of the Consell General, its first session, which will be held in the next eight days following the inaugurating session, shall deal with the election of the Cap de Govern.
- The candidates shall be put up for nomination by a fifth of the members of the Consell General. Each Conseller may only endorse one candidacy.
- The candidates shall present their programme and after a debate, the Consell General shall elect the one that obtains the absolute majority of votes, in the first public ballot after a debate.
- Should a second ballot be needed, only the two contenders with the best results in the first ballot may maintain their candidacy. The candidate with more votes shall be proclaimed Cap de Govern.
- The Síndic General shall present the result of the ballot to the Coprínceps so that the elected candidate may be appointed as the Cap de Govern, and the Síndic General shall countersign the appointment.
- The same procedure shall be followed in the other cases of vacancy of the office of Cap de Govern.
- The Govern as a whole is politically answerable to the Consell General.
- A fifth of the members of the Consellers may sign a reasoned motion of censure in writing against the Cap de Govern.
- After the debate held within the third and fifth days after the presentation of the motion, there shall be a public and oral vote, in accordance with the Rules of Procedure. The motion shall be carried only if it receives the votes of the absolute majority of the Consell General.
- If the motion of censure is approved, the Cap de Govern shall be dismissed. Immediately after, the Council shall proceed as provided for in the Article above.
- No motion of censure may be proposed within the six months following the most recent election of the Cap de Govern.
- The signatories of a motion of censure may not propose a further one until a year has elapsed.
- The Cap de Govern may lodge a motion of confidence before the Consell General about his programme, about a declaration of general policy or about a decision of special significance.
- Confidence shall be considered as granted if it receives the simple majority of votes in a public, oral vote. If the Cap de Govern who does not attain this majority he or she shall tender his or her resignation.
- The Cap de Govern, after consulting the Govern, and under his or her own responsibility, may request the Coprínceps to the dissolve the Consell General prematurely. The decree of dissolution shall call new elections in accordance with Article 51.2 of the Constitution.
- No dissolution shall be carried out after the presentation of a motion of censure or under the state of emergency.
- No dissolution shall be carried out before one year has elapsed after the most recent elections.
TITLE V - THE GOVERN
- The Govern consists of the Cap de Govern and the Ministers, their number being determined by law.
- Under the direction of its Head, the Govern conducts the national and international policy of Andorra. It conducts the State administration and is vested with statutory powers.
- The Public Administration serves the general interest with objectivity and works in accordance with the principles of hierarchy, efficiency, transparency and full submission to the Constitution, the laws and the general principles of the legal system defined in Title I. All their acts and provisions are subject to jurisdictional control.
Article 73 The Cap de Govern is appointed by the Coprínceps, after his or her election under the terms provided for in the Constitution.
Article 74 The Cap de Govern and the Ministers are subject to the same jurisdictional status as the Consellers Generals.
Article 75 The Cap de Govern or, when appropriate, the competent Minister, countersigns the acts of the Coprínceps provided for in Article 4#
Article 76 The Cap de Govern, with the approval of the majority of the Consell General, may request the Coprínceps to call a referendum about political matters.
Article 77 The Govern ceases with the dissolution of the legislature, with the resignation, death or permanent disability of the Cap de Govern, with the approval of a motion of censure or the lack of assent in a motion of confidence. In all such cases the Govern shall continue its functions until the time a new Govern is formed.
- The Cap de Govern may not hold office for more than two consecutive complete terms.
- Membership of the Govern is incompatible with membership of the Consell General, or with the exercise of any public office not derived from the said membership of the Govern.
TITLE VI - TERRITORIAL STRUCTURE
- The Comuns, as organs of representation and administration of the Parròquies, are public corporations with legal status and with local regulatory powers subject to law by means of ordinacions, regulations and decrees. Within the area of their jurisdiction subject to the Constitution, the laws and tradition, the Comuns function under the principle of self-government, recognised and guaranteed by the Constitution.
- The Comuns represent the interests of the Parròquies, approve and carry out the communal budget, fix and develop their public policies within the bounds of their territory and manage and administer all parish property, whether in the communal, public, patrimonial or private domain.
- Their ruling organs are elected democratically.
- Within the framework of their administrative and financial autonomy, the Comuns have their powers delimited by a Llei Qualificada, at least in the following matters:
- Population census.
- Electoral roll. Participation in the management of the electoral procedure and administration under the terms provided for by the law.
- Popular consultations.
- Commerce, industry and professional activities.
- Delimitation of the communal territory.
- Property of their own, and of the communal public domain.
- Natural resources.
- Cadastral register.
- Local planning.
- Public thoroughfares.
- Culture, sports and social activities.
- Communal public services.
- Within the framework of the State's power to impose taxes, the aforementioned Llei Qualificada determines the economic and fiscal faculties of the Comuns needed for the exercise of their jurisdiction. These faculties shall deal at least, with the use and exploitation of natural resources, traditional tributes, and with the taxes for communal services, administrative licences, establishment of commercial, industrial and professional activities and real estate.
- Matters under the jurisdiction of the State may be delegated to the Parròquies by law.
Article 81 In order ensure the economic capacity of the Comuns, a Llei Qualificada shall determine the transfer of funds from the General Budget to the Comuns, and guarantee that one part of these funds be apportioned in equal quantities to each of the Parròquies, and the other part to be shared proportionally on grounds of population, extension of their territory and other indicators.
- Conflicts arising from the interpretation or exercise of jurisdiction between the general organs of the State and the Comuns shall be settled by the Tribunal Constitucional.
- The acts of the Comuns shall be directly enforced through the means established by law. Against such acts administrative and jurisdictional appeals may be lodged with the purpose of controlling their conformity with the legal system.
Article 83 The Comuns have legislative initiative and are entitled to lodge appeals of unconstitutionality under the terms provided for in the Constitution.
Article 84 The laws shall take into account custom and usage in order to determine the jurisdiction of Quarts and Veïnats, as well as their relationship with the Comuns.
TITLE VII - JUSTICE
- In the name of the Andorran people, justice is solely administered by independent judges, with security of tenure, and while in the performance of their judicial functions, bound only to the Constitution and the laws.
- The whole judicial power is vested in a uniform organization of Justice. Its structure, functioning and the legal status of its members shall be regulated by a Llei Qualificada. No special jurisdiction shall be established.
- The rules of jurisdiction and procedure applying to the Administration of Justice are reserved to the law.
- In all cases, judgments shall be justified, founded in the legal system and publicly declared.
- Criminal trials are public, notwithstanding the limitations provided for by the law. Its procedure is preferently oral. The judgment which ends the first instance shall be rendered by a judicial organ different from the one in charge of the proceedings, and this judgment may always be subject to appeal.
- The jurisdictional defence of the general interest may be carried out by means of popular action in the cases regulated by the laws of procedure.
Article 87 The judicial power is held by the Batlles, the Tribunal de Batlles, the Tribunal de Corts, and the Tribunal Superior de la Justícia d'Andorra, as well as by the respective presidents of those courts, in accordance with the laws.
Article 88 Judgments, once final, have the value of res judicata and may not be modified or quashed except in the cases provided for by the law or when, in exceptional cases, the Tribunal Constitucional, after the corresponding process of Constitutional appeal, decides that they were rendered in violation of certain fundamental rights.
- The Consell Superior de la Justícia, as the organ of representation, direction and administration of the organization of Justice, watches over the independence and proper functioning of the Justice. All its members shall be Andorran nationals.
- The Consell Superior de la Justícia consists of five members appointed among Andorrans over twenty-five years of age, conversant with the Administration of Justice. One shall be appointed by each Copríncep, one by the Síndic General, one by the Cap de Govern and one by Magistrates and Batlles. They hold office for a six-year term and may not be elected twice consecutively. The Consell Superior de la Justícia is presided over by the member appointed by the Síndic General.
- The Consell Superior de la Justícia appoints Batlles and Magistrates, exercises disciplinary authority over them and promotes the conditions for the Administration of Justice to carry out its duties with the means available. In order to fulfil this aim it may render its opinion in relation to the drafting of bills affecting the Judiciary or to report on the situation of the latter.
- The Llei Qualificada concerning the Judiciary shall regulate the functions and jurisdiction of this Consell Superior.
- All Judges, whatever their rank, shall be appointed for a renewable six year term, by academically qualified lawyers and with technical capacity for the performance of the judicial office.
- The Presidents of the Tribunal de Batlles, the Tribunal de Corts, and the Tribunal Superior de la Justícia are appointed by the Consell Superior de la Justícia. The length of their term of office and the conditions for their eligibility shall be determined by the Llei Qualificada mentioned in Article 89.4 of the Constitution.
- The office of Judge is not compatible with any other public post or with the exercise of commercial, industrial or professional activities. Remuneration of Judges is in the sole responsibility of the State Budget.
- While Judges hold office they may not be reproved, displaced, suspended, or removed from their post, unless pursuant to a sanction imposed on grounds of disciplinary or criminal liability, by means of a procedure regulated by the Llei Qualificada and with the rights of hearing and defence fully guaranteed. The same law shall also regulate the cases of civil liability of Judges.
Article 92 In accordance with the laws and notwithstanding the personal liability of those who caused them, the State shall cover the damages for the problems caused by the miscarriage of justice or the abnormal functioning of the Administration of Justice.
- The Public Prosecution has the task of watching over the defence and enforcement of the legal system, and the independence of courts, as well as the task of promoting before them the enforcement of the law, in order to safeguard the rights of the citizens and the protection of the general interest.
- The Public Prosecution is composed of members appointed by the Consell Superior de la Justícia, upon the advice of the Govern, for renewable six-year terms, by persons qualifying to be appointed as Judge. Their legal status shall be regulated by law.
- The Public Prosecution, presided over by the Fiscal General de l'Estat, functions in accordance with the principles of legality, unity and internal hierarchy.
Article 94 The Judges and the Public Prosecution are in charge of police activities related to judicial matters as provided for by the law.
TITLE VIII - THE TRIBUNAL CONSTITUCIONAL
- The Tribunal Constitucional is the supreme interpreter of the Constitution, functions jurisdictionally, and its decisions bind public authorities and individuals alike.
- The Tribunal Constitucional decides on its own rules of procedure and carries out its functions subject only to the Constitution and the corresponding Llei Qualificada regulating it.
- The Tribunal Constitucional is composed of four Constitutional magistrates, appointed among persons of known juridical or institutional experience, one by each of the Coprínceps and two by the Consell General. They may not hold office for more than two consecutive eight-year terms. The renewal of the Tribunal Constitucional will be partial. The system of incompatibility shall be regulated by the Llei Qualificada mentioned in the preceding Article.
- The Tribunal Constitucional is presided over by the Magistrate to whom the post corresponds, on the basis of a two-year rotation system.
- The Tribunal Constitucional takes its decisions by a majority vote. Its votes and its debates are secret. The chairman, always chosen by drawing lots, has the deciding vote in case of a tie.
- The judgments which partially or wholly uphold the appeal have to determine the scope and extension of its consequences.
Article 98 The Tribunal Constitucional tries:
- Appeals of unconstitutionality against laws, executive regulations and the Rules of Procedure of the Consell General.
- Requests of preliminary opinion of unconstitutionality about international laws and treaties.
- Processes of constitutional appeal.
- Conflicts of jurisdiction between constitutional organs. To this effect the Coprínceps, the Consell General, the Govern, the Consell Superior de la Justícia and the Comuns are considered as constitutional organs.
- Appeals of unconstitutionality against laws or statutory rules may be lodged by one fifth of the Consell General, the Cap de Govern and three Comuns. One fifth of the Consell General may lodge an appeal of unconstitutionality against the Rules of Procedure of the Chamber. The appeal shall be lodged within the thirty days following the publication of the rule.
- The lodging of the appeal does not suspend the enforcement of the rule under appeal. The Court shall pass judgment within the maximum period of two months.
- If, in the course of litigation, a court has reasoned and founded doubts about the constitutionality of a law or a legislative decree, the application of which is relevant to its decision, it shall request in writing the decision of the Tribunal Constitucional about the validity of the rule affected.
- The Tribunal Constitucional may not admit the transaction of the request without further appeal. If the request is admitted judgment shall be passed within the maximum period of two months.
- The Coprínceps, under the provisions of Article 46.1.f), the Cap de Govern or a fifth of the Consell General, may request an opinion about the constitutionality of international treaties prior to their ratification. The proceedings with that intent shall take priority.
- The judgment admitting the unconstitutionality of the treaty shall prevent its ratification. In all cases the conclusion of an international treaty including stipulations contrary to the Constitution shall require the previous revision of the latter.
Article 102 A constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by:
- Those having been part or accessory to the previous legal proceedings referred to in Article 41.2 of this Constitution.
- Those having a legal interest related to non-enforceable provisions or acts of the Consell General.
- The Public Prosecution in case of violation of the fundamental right to jurisdiction.
- Conflicts between the constitutional organs shall arise when one of them alleges that another is illegitimately carrying out the tasks which are constitutionally under the jurisdiction of the first.
- The Tribunal Constitucional may provisorily stay the enforcement of the rules or acts under appeal, and when appropriate, give orders for the acts which originated the conflict to be stopped.
- The judgment shall determine and confer jurisdiction to one of the disputing parties.
- The lodging of a conflict of jurisdiction prevents the matter from coming before the Administration of Justice.
- The law shall regulate the cases in which a conflict of jurisdiction may arise on grounds of the non-exercise by constitutional organs of the jurisdiction to which they are entitled.
Article 104 A Llei Qualificada shall regulate the legal status of the members of the Tribunal Constitucional, the constitutional proceedings and the functioning of the institution.
TITLE IX - CONSTITUCIONAL REVISION
Article 105 The right to initiate the revision of the Constitution shall lie with the Coprínceps jointly or a third part of the members of the Consell General.
Article 106 The revision of the Constitution shall require the approval of the Consell General by a majority of two-thirds of the members of the Chamber. Immediately after its approval the proposal shall be submitted to ratification in a referendum.
Article 107 Once the procedure established in Article 106 has been carried out, the Coprínceps shall sanction the new constitutional text for its promulgation and coming into force.
FIRST ADDITIONAL PROVISION
The Consell General and the Govern have the mandate of the Constitution so that, jointly with the Coprínceps, they may start negotiations with the governments of France and Spain with the purpose of signing an international three-party treaty which shall establish the framework of relations with the neighbouring States, on the basis of respect for the sovereignty, independence and territorial integrity of Andorra.
SECOND ADDITIONAL PROVISION
The post of diplomatic representation of a State in Andorra is not compatible with the holding of any other public office.
FIRST TRANSITIONAL PROVISION
- The same Consell General which has approved this Constitution shall convene an extraordinary period of sessions to approve at least the Rules of Procedure of the Consell General and the lleis qualificades related to the electoral system, the jurisdiction and financing system of the Comuns, the Judiciary and the Tribunal Constitucional. This period of sessions shall end on the thirty-first day of December of 199#
- In that period, starting on the first working day following the publication of the Constitution, the Consell General may not be dissolved and shall carry out all the functions conferred to it by the Constitution.
- On the eighth day of September of 1993, the feast day of Our Lady of Meritxell, the Síndic General shall call general elections, which shall be held in the first half of December of this year.
- The end of this period of sessions shall imply the dissolution of the Consell General and the dismissal of the Govern, which shall function ad interim until the forming of the new one, in accordance with the Constitution.
SECOND TRANSITIONAL PROVISION
- The Llei Qualificada concerning the Judiciary shall envisage, on a balanced basis, the appointment of Judges and Public Prosecutors from the neighbouring States while it is not possible to do otherwise. This law, as well as the law concerning the Tribunal Constitucional shall regulate the status of nationality of Judges and Magistrates who are not Andorran.
- The Llei Qualificada concerning the Judiciary shall establish the transitional system for the continuity in office of those judges who, at the moment of its promulgation, are not holders of the academic qualifications provided for in the Constitution.
- The aforementioned Llei Qualificada concerning the Judiciary shall envisage the systems of conformity of the pending proceedings and causes to the judicial and procedural system provided for in this Constitution, so as to guarantee the right to jurisdiction.
- The laws and rules valid at the moment the Tribunal Constitucional is established, may be subject to a direct constitutional appeal within a period of three months, following the taking up of office of the constitutional Magistrates. The organs entitled to lodge such an appeal shall be the ones provided for in Article 99 of the Constitution.
- In the period of the first term following the coming into effect of the Constitution, the representatives of the Coprínceps in the Consell Superior de la Justícia may not of necessity be Andorran nationals.
THIRD TRANSITIONAL PROVISION
- The institutional agencies of the Coprínceps, the functions and jurisdiction of which have been conferred by this Constitution to other State organs, shall be transferred to the mentioned organs. With that purpose, a technical commission shall be set up. It shall be composed of a representative of each Copríncep, two of the Consell General, and two of the Govern and shall prepare and address a report to the Consell General for it to take the necessary steps in order to make the transfers effective within the period of time mentioned in the First Transitional Provision.
- The same commission shall carry out the necessary arrangements to put the police services under the exclusive control of the Govern within the period of two months following the coming into effect of the Constitution.
With the coming into effect of this Constitution all previous rules contrary to it are hereby revoked.
The Constitution shall come into effect immediately upon its publication in the Butlletí Oficial del Principat d'Andorra.
And we the Coprínceps, after the adoption of the Constitution by the Consell in a solemn session on the second day of February of 1993, and after its approval by the Andorran People in the referendum held on the fourteenth day of March of 1993, make it ours, ratify, sanction and enact it, and, for general cognizance, we do order its publication.
Casa de la Vall, the twenty-eighth day of April of 1993
François Mitterrand President of the French Republic Copríncep of Andorra
Jordi Farràs Forné Síndic General
Joan Martí Alanís Bishop of Urgell Copríncep of Andorra
Pareatges: Two thirteenth century sentences which decide on various points of dispute between the Count of Foix and the Bishop of Urgell, about the exercise of their feudal powers over the Valleys of Andorra.
Principat d'Andorra: Principality of Andorra.
Parròquies: Traditional division of the territory in Andorra.
Butlletí Oficial del Principat d'Andorra: Official Bulletin of the Principality of Andorra.
Llei Qualificada: A law Which, to be passed, requires a higher majority than other laws.
Consell General: General Council: one-chamber parliament, elected by universal suffrage and majority system in two rounds of votes in the respective parròquies.
Tribunal Constitucional: Constitutional Tribunal.
Cap de l'Estat: Head of State.
Síndic General: Syndic General, or Speaker. President of the Consell General and of the Sindicatura.
Cap de Govern: Head of Government.
Consell Superior de la Justícia: Higher Council of Justice.
Consellers: Councillors, members of the Consell General.
Tribunal de Corts: Criminal Law Court, which judges crimes in first and sole instance, and rules on appeals from the lesser courts.
Tribunal Superior: Higher Court.
La Sindicatura: Office of the Speaker.
Subsíndic General: Subsyndic General.
Comissió Permanent: Permanent Commission.
grups parlamentaris: Parliamentary groups.
Comuns: Communes, or Local Councils. Organs of self-government, representation and administration of the parròquies.
Veïnats: Household districts and neighbourhoods
Batlles: Approximately, magistrates.
Tribunal de Batlles: Jurisdictional organ of collegiate nature which constitutes the basis of jurisdictional organization in Andorra.
Tribunal Superior de la Justícia d'Andorra: Higher Court of Justice of Andorra.