PREAMBLE
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
Article 1
1. Andorra is a Democratic and Social independent
State abiding by the Rule of Law. Its official
name is Principat d'Andorra..
2. 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.
3. 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.
4. The political system of Andorra is a parliamentary
Coprincipat .
5. Andorra is composed of the Parròquies
of Canillo, Encamp, Ordino, La Massana, Andorra
la Vella, Sant Julià de Lòria
and Escaldes-Engordany.
Article 2
1. Catalan
is the official language of the State.
2. The
national anthem, the
State flag and the coat of arms of Andorra
are the traditional ones.
3. Andorra la Vella is the capital of the
State.
Article 3
1. The present Constitution, which is the
highest rule of the legal system, binds all
the public institutions as well as the individuals.
2. 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.
3. The universally recognized principles of
international public law are incorporated
into the legal system of Andorra.
4. 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.
Article 6
1. 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.
2. 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
Article 7
1. 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.
2. 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
Article 8
1. The Constitution recognises the right to
life and fully protects it in its different
phases.
2. 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.
3. 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.
2. 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.
3. 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.
4. 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.
Article 10
1. 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.
2. 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.
3. In order to guarantee the principle of
equality, the law shall regulate the cases
when justice shall be free of cost.
Article 11
1. 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.
2. 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.
3 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.
Article 13
1. The civil status of persons and forms of
marriage shall be regulated by law. The civil
effects of Canon Law marriage shall be recognised.
2. The public authorities shall promote a
policy of protection of the family, which
is the basic foundation of society.
3. 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.
Article 20
1. 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.
2. Freedom of teaching and of establishing
teaching centres shall be recognised.
3. 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.
2. 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.
Chapter V. Rights, and economic, social and
cultural principles.
Article 27
1. Private property and the rights of inheritance
are recognised without other limits than those
derived from the social function of property.
2. 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
Article 39
1. 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.
2. Aliens legally resident in Andorra can
freely exercise the rights and freedoms of
chapter II of this Title.
3. 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.
Article 41
1. 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.
2. 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 22.
Article 42
1. 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.
2. 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 9.3.
TITLE III
THE COPRÍNCEPS
Article 43
1. 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.
2. 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.
Article 44
1. 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.
2. 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.
3. 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.
Article 45
1. The Coprínceps, with the countersignature
of the Cap de Govern, or when appropriate,
of the Síndic General, as politically
responsible:
a) Call for general elections in accordance
with the Constitution.
b) Call for a referendum in accordance with
articles 76 and 106 of the Constitution.
c) Appoint the Cap de Govern following the
procedure provided for in the Constitution.
d) Sign the decree of dissolution of the Consell
General following the procedure of article
71 of the Constitution.
e) Accredit diplomatic representatives of
Andorra to foreign States. Foreign envoys
present credentials to each of the two.
f) Appoint the holders of office of the other
institutions of the State in accordance with
the Constitution and the laws.
g) Sanction and enact the laws in accordance
with article 63 of this Constitution.
h) Express the consent of the State to honour
its international treaties under the provisions
of chapter III of Title IV of the Constitution.
i) Perform such other functions as may specifically
be conferred to them by the Constitution.
2. The dispositions provided for in letters
g) and h) 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.
3. 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.
Article 46
1. The Coprínceps may perform the following
acts of their free will:
a) The combined exercise of the prerogative
of grace.
b) 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.
c) The appointment of the members of the Consell
Superior de la Justícia, in accordance
with article 89.2 of the Constitution.
d) The appointment of the members of the Tribunal
Constitucional, in accordance with article
96.1 of the Constitution.
e) The requirement of a preliminary judgment
of unconstitutionality of the laws.
f) The requirement of a judgment about the
unconstitutionality of international treaties,
prior to their ratification.
g) 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.
h) 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.
2. 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 h) 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 1. Organization of the Consell General
Article 51
1. 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.
2. Elections shall be held between the thirtieth
and fortieth days following the dissolution
of the Consell General.
3. All Andorran nationals fully enjoying their
political rights are entitled to vote and
to be eligible for election.
4. 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.
Article 53
1. 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.
2. The Consellers may not be called to account
for votes cast or any utterances made in the
exercise of their functions.
3. 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.
Article 55
1. The Sindicatura is the ruling organ of
the Consell General.
2. 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.
3. The Síndic General and the Subsíndic
General may not exercise their office for
more than two consecutive full terms.
Article 56
1. 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.
2. 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.
3. 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.
4. 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.
Article 57
1. The resolutions of the Consell General
shall only take effect when it meets with
the minimum attendance of half of the Consellers.
2. The resolutions take effect when approved
by the simple majority of the Consellers present,
notwithstanding the special majorities prescribed
in the Constitution.
3. 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
Article 58
1. The legislative initiative corresponds
to the Consell General and to the Govern.
2. Three Comuns jointly or a tenth part of
the electoral roll may put forward Private
Members' Bills to the Consell General.
3. 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.
Article 60
1. 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.
2. 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.
Article 61
1. 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.
2. 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.
3. 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.
4. The Bill of the General Budget may not
impose taxes.
5. The Finance Committee of the Consell General
shall make an annual revision of the execution
of the Budget.
Article 62
1. The Consellers and the grups parlamentaris
have the right to amend Govern and Private
Members' Bills.
2. 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
Article 64
1. The international treaties shall be approved
by the Consell General by absolute majority
of the Chamber in the following cases:
a) Treaties linking the State to an international
organization.
b) Treaties related to internal security and
to defence.
c) Treaties related to the territory of Andorra.
d) Treaties affecting the fundamental rights
regulated in Title II.
e) Treaties implying the creation of new burdens
for the Public Finances.
f) Treaties creating or modifying dispositions
of a legislative nature or requiring legislative
measures for their implementation.
g) Treaties dealing with diplomatic representation
or consular functions, about judiciary or
penitentiary cooperation.
2. The Govern shall inform the Consell General
and the Coprínceps of the conclusion
of the other international agreements.
3. 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
1.
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.
Article 66
1. The Coprínceps participate in the
negotiation of the treaties affecting the
relations with the neighbouring States when
dealing with the matters enumerated in letters
b) o and g) of article 64.1.
2. 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.
3. 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/
Article 68
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. The same procedure shall be followed in
the other cases of vacancy of the office of
Cap de Govern.
Article 69
1. The Govern as a whole is politically answerable
to the Consell General.
2. A fifth of the members of the Consellers
may sign a reasoned motion of censure in writing
against the Cap de Govern.
3. 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.
4. 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.
5. No motion of censure may be proposed within
the six months following the most recent election
of the Cap de Govern.
6. The signatories of a motion of censure
may not propose a further one until a year
has elapsed.
Article 70
1. 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.
2. 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.
Article 71
1. 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.
2. No dissolution shall be carried out after
the presentation of a motion of censure or
under the state of emergency.
3. No dissolution shall be carried out before
one year has elapsed after the most recent
elections.
TITLE V
THE GOVERN
Article 72
1. The Govern consists of the Cap de Govern
and the Ministers, their number being determined
by law.
2. 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.
3. 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
45.
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.
Article 78
1. The Cap de Govern may not hold office for
more than two consecutive complete terms.
2. 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
Article 79
1. 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.
2. 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.
3. Their ruling organs are elected democratically.
Article 80
1. 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:
a) Population census.
b) Electoral roll. Participation in the management
of the electoral procedure and administration
under the terms provided for by the law.
c) Popular consultations.
d) Commerce, industry and professional activities.
e) Delimitation of the communal territory.
f) Property of their own, and of the communal
public domain.
g) Natural resources.
h) Cadastral register.
i) Local planning.
j) Public thoroughfares.
k) Culture, sports and social activities.
l) Communal public services.
2. 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.
3. 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.
Article 82
1. 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.
2. 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
Article 85
1. 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.
2. 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.
Article 86
1. The rules of jurisdiction and procedure
applying to the Administration of Justice
are reserved to the law.
2. In all cases, judgments shall be justified,
founded in the legal system and publicly declared.
3. 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.
4. 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.
Article 89
1. 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.
2. 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.
3. 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.
4. The Llei Qualificada concerning the Judiciary
shall regulate the functions and jurisdiction
of this Consell Superior.
Article 90
1. 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.
2. 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.
Article 91
1. 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.
2. 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.
Article 93
1. 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.
2. 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.
3. 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
Article 95
1. The Tribunal Constitucional is the supreme
interpreter of the Constitution, functions
jurisdictionally, and its decisions bind public
authorities and individuals alike.
2. 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.
Article 96
1. 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.
2. The Tribunal Constitucional is presided
over by the Magistrate to whom the post corresponds,
on the basis of a two-year rotation system.
Article 97
1. 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.
2. 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:
a) Appeals of unconstitutionality against
laws, executive regulations and the Rules
of Procedure of the Consell General.
b) Requests of preliminary opinion of unconstitutionality
about international laws and treaties.
c) Processes of constitutional appeal.
d) 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.
Article 99
1. 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.
2. 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.
Article 100
1. 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.
2. 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.
Article 101
1. 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.
2. 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:
a) Those having been part or accessory to
the previous legal proceedings referred to
in article 41.2 of this Constitution.
b) Those having a legal interest related to
non-enforceable provisions or acts of the
Consell General.
c) The Public Prosecution in case of violation
of the fundamental right to jurisdiction.
Article 103
1. 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.
2. 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.
3. The judgment shall determine and confer
jurisdiction to one of the disputing parties.
4. The lodging of a conflict of jurisdiction
prevents the matter from coming before the
Administration of Justice.
5. 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
1. 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 1993.
2. 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.
3. 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.
4. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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
1. 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.
2. 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.
DEROGATORY PROVISION
With the coming into effect of this Constitution
all previous rules contrary to it are hereby
revoked.
FINAL PROVISION
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
NOTES
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.
Coprincipat: Coprincipality.
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.
Govern: Government.
COPRÍNCEPS: Coprinces.
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.
ordinacions: Ordinances.
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.
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