Constitution of the Principality of Andorra-1993

Constitution of the Principality of Andorra

Preamble

The Andorran people, with full freedom and independence, and in the exercise of their own sovereignty,

Aware of the need to adapt the institutional structure of Andorra to the new circumstances involved in the evolution of the geographical, historical and socio-cultural environment in which it is located, as well as the need to regulate the relations that, within this new legal framework, must have some institutions that find their origins in the Pareatges,

Convinced the desirability of providing all the mechanisms that should allow for legal certainty in the exercise of fundamental rights of the person who, although they have always been present and respected in the temperament of Andorran society, did not benefit from a specific material regulation,

Determined to persevere in the promotion of values ​​such as freedom, justice, democracy and social progress , and to maintain and strengthen harmonious relations of Andorra with the rest of the world, and especially with the neighboring countries, on the basis of the mutual respect, the coexistence and the peace,

With the will to contribute to all the common causes humanity’s cooperation and effort, and especially when it comes to preserving the integrity of the Earth and ensuring for the future generations an adequate means of subsistence and always guide the actions of Andorrans. Sovereignly approve this Constitution.

Title I Of the sovereignty of Andorra Article 1

1. Andorra is an independent State of Law, Democratic and Social. Its official name is the Principality of Andorra.

2. The Constitution proclaims as the inspiring principles of the action of the Andorran State the respect and promotion of freedom, equality, justice, tolerance, the defense of human rights and the dignity of the person.

3. Sovereignty resides in the Andorran People, who exercise it through the different classes of
participation and the institutions established by this Constitution.

4. The political regime of Andorra is the Parliamentary Co-Principality.

5. Andorra is made up of the Parishes of Canillo, Encamp, Ordino, La Massana, Andorra la Vella, Sant Julià
de Lòria and Escaldes-Engordany.

Article 2

1. The official language of the State is Catalan.
2. The national anthem, the 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. This Constitution, which is the supreme rule of the legal system, binds all public authorities and
citizens.
2. The Constitution guarantees the principles of legality,
hierarchy, publicity of legal norms,
non-retroactivity of restrictive provisions of
individual rights or which have an effect or establish
an unfavorable sanction, legal certainty,
responsibility of public authorities and of prohibition of
all arbitrariness.
3. Andorra incorporates into its system the
universally recognized principles of public international law.
4. International treaties and agreements are integrated into
the legal system as of their publication in the
Official Gazette of the Principality of Andorra, and may not
be modified or repealed by law.

Title II Rights and freedoms

Chapter I. General principles

Article 4
The Constitution recognizes that human dignity is
intangible and, consequently, guarantees the
inviolable and inalienable rights of the person, which
constitute the foundation of the political order, peace
social and justice.

Article 5
The Universal Declaration of Human Rights is in force in Andorra.

Article 6
1. All people are equal before the law. No one
may be discriminated against on the grounds of birth, race, sex,
origin, religion, opinion, or any other
personal or social status.
2. The public authorities must create the conditions for
the equality and freedom of individuals to be
real and effective.

Chapter II. Of Andorran nationality

Article 7
1. The status of Andorran national, as well as its
legal consequences, is acquired, retained and
lost in accordance with the provisions of the Qualified Law.
2. The acquisition or maintenance of a nationality
other than Andorran will imply the loss of this in
the terms and deadlines set by law.

Chapter III. Fundamental rights of the person and public liberties

Article 8
1. The Constitution recognizes the right to life and
fully protects it in its various stages.
2. Everyone has 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 of person and shall be deprived of their liberty only for reasons
and in accordance with the procedures laid down in the
Constitution and the laws.
2. Government detention may not last longer than is
necessary to carry out investigations to
clarify the case and may never exceed forty-
eight hours without the detainee being made available
to the judicial authority.
3. The law shall establish a procedure so that all detainees
may go to a judicial body, so that the latter may
rule on the lawfulness of their detention. It
will also create the procedure for restoring the
injured fundamental rights of all persons deprived of their
liberty.
4. No one shall be held guilty of any penal offense on account of any act or
omission which did not constitute a penal offense, under national or international law, at the time when it was committed.
crime, misdemeanor or administrative infraction.
Article 10
1. The right to jurisdiction, to obtain
from it a decision based on law, and
to due process, substantiated by an impartial tribunal
predetermined by law, is recognized.
2. Everyone is guaranteed the right to the defense and
technical assistance of a lawyer, to a trial of
reasonable length, to the presumption of innocence, to be informed
of the accusation, not to plead guilty, not to testify
against himself and, in criminal proceedings, on appeal.
3. The law shall regulate the cases in which, in order to guarantee the principle of equality, justice must be free.

Article 11

1. The Constitution guarantees ideological,
religious and religious freedom, and no one may be compelled to
declare or express his or her ideology,
religion or belief.
2. Freedom to manifest one’s religion or
belief shall be subject only to such limitations
as are required by law to
protect public security, order, health or morals
, or to the fundamental rights and freedoms of human beings.
other people.
3. The Constitution guarantees the Catholic Church
the free and public exercise of its activities and the
maintenance of special collaborative relations
with the State in accordance with Andorran tradition.
The Constitution recognizes the entities of the
Catholic Church that have legal personality in accordance with
their own rules, their full legal capacity within
the scope of the Andorran general system.
Article 12
Freedoms of expression, communication
and information are recognized. The law will regulate the right of reply, the
right of rectification and professional secrecy. Prior
censorship or any other means of
ideological control by the public authorities is prohibited.
Article 13
1. The law shall regulate the marital status of persons and
the forms of marriage. The civil effects
of canon marriage are recognized.
2. The public authorities shall promote a policy of protection
of the family, a basic element of society.
3. Spouses have the same rights and obligations.
Children are equal before the law, regardless
of their affiliation.
Article 14
The right to privacy, honor and
self-image is guaranteed. Everyone has the right to the protection of the
law against such interference or attacks
.
Article 15
The inviolability of the domicile is guaranteed, which cannot
be entered without the consent of the holder or without
a court order, except in the case of a flagrant crime.
The secrecy of communications is also guaranteed,
except in the case of a motivated court order.
Article 16
The rights of peaceful assembly and demonstration
for lawful purposes are recognized. The exercise of the right to
demonstrate requires prior notification to
the authority and cannot impede the free movement of
persons and goods.
Article 17
The right of association for the pursuit of
lawful purposes is recognized. The law will establish, for advertising purposes,
a Register of the associations that are formed.
Article 18
The right to create and operate
business, professional and trade union organizations is recognized.
Without prejudice to their links with
international bodies, these organizations must be
Andorran in scope, have their own autonomy without
foreign organic dependencies and function
democratically.
Article 19
Workers and employers have the right to the defense
of their economic and social interests. The law
shall regulate the conditions for the exercise of this right to
ensure the functioning of the essential services of the
community.

Article 20
1. Everyone has the right to education, which shall be
directed towards the full development of the
human personality and dignity, while strengthening respect for human rights and fundamental freedoms.
freedom and fundamental rights.
2. The freedom to teach and to create
teaching centers is recognized.
3. Parents have the right to choose the kind of education
their children should receive. Likewise, they have the right
to a moral or religious education for their children
according to their own convictions.

Article 21
1. Everyone has the right to freedom of movement
and residence within the borders of each State
.
2. Legally resident nationals and foreigners
have the right to freely establish their residence in
Andorra.

Article 22
Non-renewal of resident status or expulsion
of the legally resident person may only be agreed
for the causes and according to the terms provided by law,
by virtue of a final court decision, if the person
concerned exercises the right to jurisdiction.

Article 23
Everyone with a direct interest has the right to petition
the public authorities in the manner and with the effects
provided for by law.

Chapter IV. The political rights of Andorrans

Article 24
All Andorrans of legal age, in full exercise of their
rights, enjoy the right to vote.
Article 25
All Andorrans have the right to
equal access to public office and
requirements determined by law. The exercise of
institutional positions is reserved for Andorrans, except as provided in
this Constitution or
international treaties.
Article 26
Andorrans have the right to freely create
political parties. Its operation and organization must
be democratic and its actions in accordance with
the law. The suspension of its activities and their
dissolution must be carried out by the
judicial bodies.

Chapter V. Economic, social and cultural rights and principles

Article 27
1. The right to private property and to
inheritance, with no other limitations than those derived from
the social function of property.
2. No one shall be deprived of his property or rights, except
for just cause in the public interest, by fair compensation and in accordance with the procedure
established by law.
Article 28
Freedom of enterprise is recognized in the context of
the market economy and in accordance with the law.
Article 29
Everyone has the right to work, to promotion by means
of work, to remuneration which guarantees the
worker and his family an existence commensurate with
human dignity and to the reasonable limitation of
the working day, the weekly rest and the paid holidays
.
Article 30
The right to health protection and to receive
benefits for other personal needs is recognized. For
these purposes, the State will guarantee a
Social Security system.

Article 31
It is the function of the State to ensure the rational use
of land and all natural resources, in order
to guarantee a dignified quality of life for all and to restore and maintain a rational ecological balance
for future generations .’atmosphere, water and
land and to defend the native flora and fauna.

Article 32
The state can intervene in the organization of the
economic, commercial, labor and financial system to make possible,
within the framework of the market economy, the
balanced development of society and the general welfare.

Article 33
The public authorities shall promote the conditions
necessary to give effect to the right of everyone to the enjoyment
of decent housing.
Article 34
The State shall guarantee the conservation, promotion and dissemination of
the historical, cultural and artistic heritage of Andorra.
Article 35
The law shall guarantee and the public authorities shall defend the
rights of consumers and users.
Article 36
The State may create social media. OK
with the principles of participation and pluralism, a law
will regulate its organization and control by
the General Council.

Chapter VI. Duties of Andorrans and foreigners

Article 37
All natural and legal persons shall contribute to
public expenditure according to their
economic capacity, through a fair tax system, established
by law and based on the principles of generality
and equitable distribution of burdens. fiscal.

Article 38
The State may create by law forms of civic service for
the fulfillment of purposes of general interest.

Chapter VII. Guarantees of rights and freedoms

Article 39
1. The rights and freedoms recognized in Chapters III
and IV of this Title shall be immediately binding on the
public authorities by virtue of directly applicable law. Its
content cannot be limited by law and is protected
by the Courts.
2. Foreigners legally resident in Andorra are
free to exercise the rights and freedoms of Chapter III of this Title.

3. The rights of Chapter V constitute the legislation and
action of the public authorities, but may only be
invoked in the terms established by the legal system.
Article 40
The regulation of the exercise of the rights recognized in
this Title may only be carried out by law. The rights
of Chapters III and IV shall be regulated by
qualified laws.

Article 41
1. The rights and freedoms recognized in Chapters III
and IV shall be protected by the ordinary courts by means of an
urgent and preferential procedure regulated by law, which
in any case shall be substantiated in two instances.
2. The law shall create an exceptional procedure for protection
before the Constitutional Court against acts of
the public authorities that violate the essential content of the
rights mentioned in the previous section, except in the case
provided for in Article 22.

Article 42
1. A Qualified Law will regulate the states of alarm and
emergency. The first may be declared by the Government in
cases of natural disasters, for a period of fifteen
days and with notification to the General Council. The second will also
be declared by the Government for a period of thirty days in
cases of interruption of the normal functioning of
democratic coexistence and will require the prior authorization
of the General Council. Any extension of these states
necessarily requires the approval of the General Council.
2. During the state of alarm, the exercise of the
rights recognized in Articles 21 and 27 may be limited. During the state
of emergency, the rights set
out in Articles 9.2, 12, 15, 16, 19 may be suspended. and 21. The application
of this suspension to the rights contained in articles
9.2 and 15 must always be carried out under judicial control
and without prejudice to the protection procedure established
in article 9.3.

Title III Of the Co -Princes

Article 43
1. In accordance with the institutional tradition of Andorra, the
Co-Princes are, jointly and undividedly, the Head of
State, and assume the highest representation.
2. The Co-Princes, the institution that emerged from the Pareatges and
their historical evolution, are, in a personal and
exclusive capacity, the Bishop of Urgell and the President of the
French Republic. Their powers are equal and derived from
the present Constitution. Each of them swears or promises
exercise their functions in accordance with this Constitution.
Article 44
1. The Co-Princes are a symbol and guarantee of the permanence
and continuity of Andorra, as well as of its
independence and the maintenance of the spirit of equality in
the traditional relations of balance with the
neighboring States. They express the consent of the Andorran State to
be bound internationally, in accordance with the Constitution.
2. The Co-Princes shall arbitrate and moderate the functioning of
the public authorities and institutions, and on the initiative
of either each of them, the Síndic General or
the Head of Government, shall be regularly informed of the affairs
of the State.
3. Except in the cases provided for in this Constitution,
the Co-Princes shall not be liable. Those
who sign them are responsible for the actions of the Co-Princes
.
Article 45
1. The Co-Princes, with the countersignature of the Head of
Government or, as the case may be, of the Síndic General, who
assume the political responsibility:
a) They call the general elections in accordance with the
Constitution.
b) They call a referendum in accordance with articles 76 and 106
of the Constitution.
c) They appoint the Head of Government in accordance with the procedure provided
for in the Constitution.
d) They sign the decree of dissolution of the General Council
according to the procedure of Article 71 of the Constitution.
e) The Andorran diplomatic representatives abroad are accredited
, and the foreign representatives in Andorra are
accredited before each of them.
f) Appoint the heads of the other institutions of
the State in accordance with the Constitution and the laws.
g) They sanction and promulgate the laws according to article 63
of the present Constitution.
h) They express the consent of the State to be bound
by international treaties, in the terms
provided for in Chapter III of Title IV of the Constitution.
i) They carry out the other acts expressly
attributed to them by the Constitution.
2. The provisions provided for in paragraphs (g) and (h)
of this article shall be submitted simultaneously to
both Co-Princes who shall sanction and
promulgate them or express the consent of the State
as the case may be, and they must order their publication no earlier
than eight days and no later than fifteen.
During this period, the Co-Princes, jointly or severally
, may address the Constitutional Court
with a reasoned message for the Constitutional Court to rule on
its constitutionality. If the resolution is positive,
the act may be sanctioned with the signature of at least
one of the Co-Princes.
3. When circumstances that prevent the party
of one of the Co-Princes the formalization of the acts
enumerated in section 1 of the present article within the
constitutionally foreseen terms, his
representative must notify it to the Síndic General or, in
his case, to the Head of Government. In this case, the
acts, rules or decisions affected will enter into force
after the said deadlines with the signature of
the other Co-Prince and the countersignature of the Head of Government
or, as the case may be, of the Síndic General.

Article 46
1. The following are acts of free decision of the Co-Princes:
a) The joint exercise of the prerogative of grace.
b) The creation and structuring of the services that they
consider necessary for the realization of theirs
institutional functions, the appointment of their holders
and their accreditation for all purposes.
c) The appointment of the members of the Superior Council of
Justice, in accordance with article 89.2 of the Constitution.
d) The appointment of the members of the
Constitutional Court, in accordance with article 96.1 of the
Constitution.
e) The requirement of a prior opinion
on the unconstitutionality of the laws.
f) The requirement of the opinion on the
unconstitutionality of international treaties, prior
to their ratification.
g) The filing of a dispute before the
Constitutional Court due to the affectation of their functions
institutional, in terms 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 approval in
parliamentary seat.
2. The acts derived from articles 45 and 46 are exercised
personally by the Co-Princes, except for the powers
provided for in letters e), f), g) and h) of this
article, which may be carried out by
express delegation.

Article 47
The General Budget of the Principality must allocate an
equal amount to each Co-Prince, destined to the
operation of their services, of which they can dispose
freely.

Article 48
Each Co-Prince appoints a personal representative to Andorra.

Article 49
In the event of the vacancy of one of the Co-Princes, this
Constitution recognizes the validity of the replacement mechanisms
provided for in their respective regulations,
so that the normal functioning of
Andorran institutions is not disrupted.

Title IV Of the General Council

Article 50
The General Council, which expresses the mixed and
equal representation of the national population and the seven
Parishes, represents the Andorran people, exercises
legislative power, approves the budgets of the State
and promotes and controls the Government political action.
Chapter I. Of the organization of the General Council

Article 51
1. The Councilors are elected by universal,
free, equal, direct and secret suffrage, for a term of four
years. The term of office of the Directors ends four years after
their election or on the day of the dissolution of the
General Council.
2. Elections must be held between thirty and
forty days following the end of the term of office of the
Directors.
3. All Andorrans who
are in full use of their political rights are eligible voters.
4. A Qualified Law shall regulate the electoral system and
shall provide for the causes of ineligibility and incompatibility
of the Directors.
Article 52
The General Council is composed of a minimum of twenty-eight and
a maximum of forty-two General Councilors, half
of whom are elected by reason of an equal number for
each of the seven Parishes and the other half
is elected by national constituency.
Article 53
1. The members of the General Council have the same
representative nature, are equal in rights and
duties and are not subject to any mandatory mandate of any
kind. Their vote is personal and non-delegable.
2. The Directors are irresponsible for the votes and opinions
expressed in the exercise of their functions.
3. During their term of office, the Directors may not be
detained or detained, except in the case of
flagrante delicto. Except in this case, it is up to
the High Court to decide on his arrest, indictment and prosecution
and his trial in the High Court.

Article 54
The General Council approves and amends its Rules of Procedure by
an absolute majority of the Chamber, fixes its budget and
regulates the status of its staff.

Article 55
1. The Audit Office is the governing body of the General Council.
2. The General Council shall meet in its constitutive session
fifteen days after the proclamation of the
election results and shall elect, in the same session, the Síndic
General, the Subsíndic General and, where applicable, the others.
members who may make up the
Sindicatura.
3. The Síndic and Subsíndic General may not hold
office for more than two consecutive full terms.
Article 56
1. The General Council shall meet in
traditional, ordinary and extraordinary sessions, convened
in accordance with the provisions of the Regulations. There will be two
regular sessions throughout the year,
as determined by the Rules of Procedure. The sessions of the
General Council are public, unless the
General Council itself agrees otherwise by an absolute majority of its
members.
2. The General Council functions in Plenary and in committees. The
Rules of Procedure shall provide for the formation of committees
so that they are representative of the
composition of the House.
3. The General Council appoints a Standing Committee to
oversee the powers of the House when it is
dissolved or in the period between sessions. The
Standing Committee, chaired by the Síndic General, will be
formed in such a way as to respect the joint composition of
the Chamber.
4. Councilors may be grouped into
parliamentary groups. The Regulations will provide for the rights and duties
of Councilors and parliamentary groups, as well as
the status of non-attached Councilors.

Article 57
1. In order for agreements to be validly adopted, the General Council shall
to meet, with the minimum attendance of
half of the Directors.
2. Agreements are valid when they have been approved by a
simple majority of the Councilors present, without prejudice
to the special majorities determined by the
Constitution.
3. The qualified laws provided for in the Constitution
require for their approval the final
favorable vote of the absolute majority of the members of the
General Council, except for the Qualified Laws of Electoral and
Referendum, of communal powers, and of transfers
to the Commons. require the
final vote of the absolute majority of the votes cast for approval
Councilors elected in the parish and by
an absolute majority of the Councilors elected in the
national constituency.

Chapter II. Of the legislative procedure

Article 58
1. The legislative initiative corresponds to the General Council
and the Government.
2. Three Communes together or one tenth of the
national electoral roll may submit bills
to the General Council.
3. Bills and bills shall be
examined by the Plenary and by the committees in the manner
determined by the Rules of Procedure.
Article 59
By law, the General Council may delegate
the exercise of its legislative function to the Government, which in
no case may be subdelegated. The law of delegation
determines the delegated matter, the principles and
guidelines under which the
corresponding legislative decree of the Government must be governed, as well as the
term within which it must be exercised.
The authorization will provide for the parliamentary forms of
control of the delegated legislation.

Article 60
1. In cases of extreme urgency and necessity, the Government
may present an articulated text to the General Council
for approval as a law, in a
total vote, within forty-eight hours.
2. Matters reserved for Qualified Law may not
be the subject of legislative delegation or procedure
provided for in section 1 of this article.

Article 61
1. The initiative of the draft General Budget Law
is the exclusive responsibility of the Government, which must
present it for parliamentary approval at
least two months before the expiry of the
previous budgets.
2. The draft General Budget Law has
preference in its processing over other
matters and will be processed in accordance with its
own procedure, regulated in the Regulations.
3. If the General Budget Law is not approved before
the first day of the corresponding financial year,
the budget of the General Budget shall be considered automatically extended.
the previous year until the approval of the new one.
4. The General Budget Act cannot create taxes.
5. The Finance Committee of the General Council shall
annually review compliance with the implementation of the budget.
Rule 62
1. Councilors and parliamentary groups shall have the right
to amend bills and bills.
2. The Government may request that those
amendments which involve an increase in expenditure or a decrease
in revenue in relation to those provided for in the
General Budget Law not be debated. The General Council, by an
absolute majority of the Chamber, may oppose that
request with a reasoned motion.
Article 63
Once a law has been approved by the General Council, the Síndic General
will report it to the Co-Princes so that, within the
next eight to fifteen days, they can sanction it, promulgate it and
order its publication in the Official Gazette of the
Principality of Andorra.

Chapter III. Of international treaties

Article 64
1. International treaties must be approved by
the General Council by an absolute majority of the House in the
following cases:
a) Treaties that bind the State to an
international organization.
b) Treaties relating to internal security and
defense.
c) Treaties relating to the territory of Andorra.
d) Treaties that affect the fundamental rights of the
person regulated in Title II.
e) Treaties that involve the creation of new obligations
for the Public Treasury.
f) Treaties that create or modify provisions of
a legislative nature or that require
legislative measures for their execution.
g) Treaties relating to diplomatic representation or
consular functions, judicial or
penitentiary cooperation.
2. The Government shall inform the General Council and the
Co-Princes of the conclusion of other
international agreements.
3. The denunciation of international treaties
affecting the matters listed in section 1 shall also
require the prior approval of an absolute majority of the House.

Article 65
In the interests of the Andorran people, of international progress and peace, legislative, executive or judicial
powers may be transferred provided that they are to international organizations and by means of a treaty that must be approved by a two-majority majority. thirds of the members of the General Council. Article 66 1. The Co-Princes shall take part in the negotiation of treaties affecting relations with neighboring States when they deal with the matters listed in paragraphs ( b), (c) and (g) of Article 64.1. 2. The Andorran representation whose mission is to negotiate the treaties indicated in the paragraph above, shall include, in addition to the members appointed by
the Government, one member appointed by each Co-Prince.
3. The adoption of the text of the treaty shall require the agreement
of the members appointed by the Government and of each of the
members appointed by the Co-Princes.

Article 67
The Co-Princes shall be informed of other draft
international treaties and agreements and, at the request of the Government, may be associated with the negotiations if the national interest of Andorra so requires, prior to their approval in Parliament. Chapter IV. Of the relations of the General Council with the Government Article 68 1. After each renewal of the General Council, in the The first session, which will be held within eight
days of the constituent session, will
elect the Head of Government.
2. Candidates must be nominated by one-fifth
of the members of the General Council. Each Director
can only endorse one candidacy.
3. Candidates must present their program and
will be elected the one who, after a debate, in an
initial public and oral vote obtains an
absolute majority of the General Council.
4. In the event that a second ballot is required,
only the two candidates who have
obtained the best results in the first ballot may be presented.

The candidate who obtains the most votes will be proclaimed as Head of Government .
5. The Síndic General shall communicate to the Co-Princes the
result of the vote for the elected candidate to be
appointed Head of Government and shall countersign his appointment.
6. The same procedure must be followed in other
cases in which the position of Head of Government is vacant.

Article 69
1. The Government shall be politically accountable to the
General Council in solidarity.
2. One-fifth of the Directors may present a
motion of censure, by means of a reasoned letter, against
the Head of Government.
3. Once the debate has taken place between three and five days
following the presentation of the motion and in the manner determined by the Rules of Procedure, a public and oral
vote shall be taken.
For the motion of censure to prosper,
the affirmative vote of an absolute majority of
the General Council will be required.
4. If the motion of censure is approved, the Head of Government
shall resign. This will be done according to
the previous article.
5. No motion of censure may be lodged before
six months have elapsed since the last election
of the Head of Government.
6. Directors who have filed a motion of
censure may not sign any other motion before
one year has elapsed.

Article 70
1. The Head of Government may raise before the
General Council the question of confidence in his program,
in a statement of general policy or in a
decision of special importance.
2. Confidence shall be deemed to be given when, in a
public and oral vote, it obtains a simple majority. In
the event of not obtaining this majority, the Head of Government must
resign.

Article 71
1. The Head of Government, after deliberation with the
Government, and under his responsibility, may request the
Co-Princes for the early dissolution of the General Council.
The dissolution decree must fix the call for
elections in accordance with article 51.2 of the
Constitution.
2. Dissolution may not take place if
a motion of censure is being processed or a state
of emergency has been declared.
3. No dissolution may take place before
one year has elapsed since the previous election.

Title V Of the Government

Article 72
1. The Government is composed of the Head of Government and the
Ministers, in the number determined by law. 2. Under the authority of his Chief, he directs the national and international
politics of Andorra.
He also directs
the state administration and exercises
regulatory power.
3. The Public Administration objectively serves
the general interest, and acts as
hierarchy, effectiveness, transparency and full submission to the
Constitution, the laws and general principles of
the legal system defined in Title I. All
its acts and rules are subject to
jurisdictional control.

Article 73
The Head of Government is appointed by the Co-Princes, once he has been elected in the terms provided for in the
Constitution.

Article 74
The Head of Government and the Ministers are subject to the same jurisdictional regime as the General Councilors.

Article 75
The Head of Government or, as the case may be, the Minister responsible, shall countersign the acts of the Co-Princes
provided for in Article 45.

Article 76
The Head of Government, with the agreement of the majority of the
General Council, may request the Co-Princes to convene a
referendum on a matter of a political nature.

Article 77
The Government ends its term of office at the end of the
legislature, due to the resignation, death or permanent incapacitation
of the Head of Government, when a motion of
censure or loss of confidence has prospered. In all
cases, the Government remains in office until the formation
of the new Government.

Article 78
1. The Head of Government may not hold office for more than
two consecutive full terms.
2. Members of the Government may not reconcile theirs
charge with that of General Councilor and may only exercise
the public functions derived from their membership in the
Government.

Title VI Of the territorial structure

Article 79
1. The Commons, like organs of representation and
administration of the Parishes, are
public corporations with legal personality and
local normative power, subject to the law, in the form of ordinances,
regulations and decrees . Within the scope of its
powers, exercised in accordance with the Constitution,
laws and tradition, they operate under the principle
of self-government, recognized and guaranteed by the Constitution.
2. The Commons express the interests of the Parishes,
they approve and execute the communal budget, fix and carry
out their public policies in their
territorial area and manage and administer all the property of
parish property, be they of public communal
domain or of private or patrimonial domain.
3. Its governing bodies are democratically elected.

Article 80
1. Within the framework of the administrative and financial autonomy
of the Commons, their powers are delimited
by means of a Qualified Law, at least in the
following matters:
a) Population census.
b) Electoral census. Participation in the management of the
electoral process and administration that corresponds to them according to the
law.
c) Popular consultations.
d) Trade, industry and professional activities.
e) Delimitation of the communal territory.
f) Own property and communal public domain.
g) Natural resources.
h) Cadastre.
i) Urbanism.
j) Public roads.
k) Culture, sports and social activities.
l) Communal public services.
2. Within the framework of the taxing power of the State,
the aforementioned Qualified Law determines the
economic and fiscal powers of the Commons for the exercise of
their powers. These powers will refer,
at least, to the use and exploitation of
natural resources, traditional taxes and fees for
communal services, administrative authorizations,
establishment of commercial, industrial and
professional activities and real estate.
3. By law,
state-owned powers may be delegated to the Parishes.

Article 81
In order to ensure the economic capacity of the Commons, a Qualified Act determines the capital transfers from the General Budget to the Commons, guaranteeing an equal item for all Parishes and a variable item, proportional to their population, the extension of its territory and other indicators.

Article 82
1. Disputes concerning interpretation or exercise
jurisdiction between the general organs of the State and the
Commons will be resolved by the Constitutional Court.
2. The acts of the Commons are of a direct executive nature
by the means established by law.
Administrative and jurisdictional appeals may be lodged against them to
monitor their compliance with the legal system.

Article 83
The Commons have legislative initiative and are
entitled to file appeals of unconstitutionality
in the terms provided for in the Constitution.

Article 84
The laws will take into account the uses and customs to
determine the competence of the Quarters and the Neighborhoods,
as well as their relations with the Commons.

Title VII Of Justice

Article 85
1. On behalf of the Andorran people, justice is administered
exclusively by independent, irremovable judges and, within
the scope of their jurisdictional functions, subject
only to the Constitution and the law.
2. The judicial organization is unique. Its structure,
composition, operation and the legal status of its
members must be regulated by Qualified Law.
Special jurisdictions are prohibited .

Article 86
1. The rules of jurisdiction and procedure applicable to
the Administration of Justice are reserved by law.
2. In any case, the sentences will be motivated,
based on the legal system and notified
reliably.
3. The criminal trial is public, subject to the limitations
provided by law. His procedure is
preferably oral. The judgment ending the first
instance is issued by a court other than the
one that conducted the investigation phase, and is always
subject to appeal.
4. The jurisdictional defense of the general interests may be
effected by popular action in cases
governed by procedural laws.
Article 87
The jurisdictional power is exercised by the Mayors, the
Court of Mayors, the Court of Cortes and the
Superior Court of Justice of Andorra, as well as by the presidents
respective of these courts, in accordance with the laws.

Article 88
The sentences, once final, have the value of a res
judicata and may not be modified or annulled unless
the cases provided by law or when exceptionally the
Constitutional Court, through the
corresponding protection process, considers that they have been dictated in violation
of any fundamental right.

Article 89
1. The Superior Council of Justice, as the
representative, governing and administrative body of the
judicial organization, shall ensure the independence and proper
functioning of the Judiciary. All its members will be
of Andorran nationality.
2. The High Council of Justice is made up of five
members appointed from among Andorrans over the age of twenty-five
and knowledgeable from the Administration of Justice, one for
each Co-Prince, one for the Catalan Ombudsman, one for the Head of
Government and one by Magistrates and Mayors. Their term
of office is six years and they may not be re-elected more than once in a
row. The High Council of Justice is
chaired by the person appointed by the Catalan Ombudsman.
3. The High Council of Justice appoints the Mayors
and Magistrates, exercises the disciplinary function over them
and promotes the conditions for the Administration of
Justice to have the appropriate means for its good .
operation. For the latter purpose, it may issue
reports on the occasion of the processing of laws
affecting Justice or to give an account of its situation
.
4. The Qualified Law on Justice shall regulate the
functions and powers of this Superior Council.

Article 90
1. All Judges, regardless of their category,
shall be appointed for a renewable term of six years,
from among persons with a degree in Law who have
technical aptitude for the exercise of the jurisdictional function.
2. The Presidents of the Tribunal de Batlles, the Tribunal
de Corts and the Superior Court of Justice are
appointed by the High Council of Justice. The term
of office and the conditions of eligibility shall be
determined by the Qualified Law referred to
in Article 89.4 of the Constitution.

Article 91
1. The office of Judge is incompatible with any other
public office and with the exercise of commercial,
industrial or professional activities. Judges are remunerated
only from the state budget.
2. During his term of office, no Judge may be
reprimanded, transferred, suspended from office or removed
from office except as a result of a
sanction imposed for having incurred liability .
criminal or disciplinary, through a procedure regulated
by the Qualified Law and with all the guarantees
of hearing and defense. The same law will also regulate the
cases of civil liability of the Judge.

Article 92
In accordance with the law and without prejudice to the
personal liability of those who cause it, the State
shall make good any damage caused by judicial error or by
the abnormal functioning of the Administration of Justice.

Article 93
1. The mission of the Public Prosecutor’s Office is to ensure the
defense and application of the legal order and the
independence of the courts and to promote before
them the application of the law for safeguarding.
of citizens’ rights and the defense of the
general interest.
2. The Public Prosecutor’s Office is composed of members appointed by
the High Council of Justice on the proposal of the Government,
with renewable terms of six years, from among those who
meet the conditions to be appointed Judge. Its
legal status will be regulated by law.
3. The Public Prosecutor’s Office, headed by the Attorney General of
the State, acts in accordance with the principles of legality,
unity and internal hierarchy.

Article 94
The Judges and the Public Prosecutor’s Office direct the action of the police in judicial matters in accordance with the provisions of the laws.

Title VIII Of the Constitutional Court

Article 95
1. The Constitutional Court is the supreme interpreter of the
Constitution, it acts in jurisdiction and its
judgments are binding on the public authorities and individuals.
2. The Constitutional Court approves its own
regulations and exercises its function subject only to the
Constitution and the Qualified Law that governs it.

Article 96
1. The Constitutional Court is composed of four
Constitutional Magistrates, appointed from among persons of
recognized legal or institutional experience, one by
each of the Co-Princes and two by the General Council. His
term of office is eight years and is not renewable
for consecutive periods. The renewal of the Court
Constitutional will be done in parts. The incompatibilities regime
will be regulated by the Qualified Law
referred to in the previous article.
2. It is chaired every two years by the Magistrate to whom the said presidency corresponds according to the rotating
shift . Article 97 1. The Constitutional Court shall take its decisions by a majority of votes. Deliberations and votes are secret. The speaker, always appointed by lot, has a casting vote in the event of a tie. 2. Judgments that partially or totally consider the lawsuit must specify, in accordance with the Qualified Law, the scope and extent of its effects. Article 98

The Constitutional Court is aware of:

a) Proceedings of unconstitutionality against
laws, legislative decrees and the Regulations of the
General Council.
b) Of the requirements of previous opinion
of unconstitutionality on laws and
international treaties.
c) Of the processes of constitutional protection.
d) Conflicts of competence between
constitutional bodies. For these purposes, the Co-Princes, the General Council, the Government, the Superior Council of Justice and the Commons are considered
constitutional bodies. Article 99 1. One- fifth may file an appeal of unconstitutionality against laws and legislative decrees. of the members of the General Council, the Head of Government and three
Communes. One-fifth of the members of the
General Council may file an appeal of unconstitutionality
against the Rules of Procedure of the House. The deadline
for filing the lawsuit is thirty days from the date of publication of the rule.
2. The filing of the appeal does not suspend the validity of the
contested rule. The Court must issue a ruling
within a maximum period of two months.

Article 100
1. If in the processing of a case a court has
reasonable and well-founded doubts about the constitutionality of a
law or a legislative decree that is of
essential application for the resolution of the case, it will formulate
written before the Constitutional Court requesting its
ruling on the validity of the rule concerned.
2. The Constitutional Court may not allow the
processing of the writ without subsequent appeal. In case
of admission, it will issue a sentence within a maximum period of two
months.

Article 101
1. The Co-Princes, under the terms of Article 46.1.f), the
Head of Government or one-fifth of the members of
the General Council, may require a prior opinion
of unconstitutionality on international treaties
before their ratification. This procedure will
be preferential.
2. The estimated resolution of unconstitutionality
will prevent ratification of the treaty. In any case, the
conclusion of an international treaty containing
stipulations that contradict the Constitution will require its
prior reform.

Article 102

Against the acts of the public authorities that infringe fundamental rights ,

the following are entitled to seek protection before the Constitutional Court: . b) Those who have a legitimate interest in relation to provisions or acts without the force of law of the General Council. c) The Public Prosecutor’s Office in the event of a violation of the right fundamental to jurisdiction.

Article 103

1. The conflict between the constitutional bodies shall
arise when one of them alleges the illegitimate exercise
by the other of powers that are constitutionally
attributed to it.
2. The Constitutional Court may
precautionarily suspend the effects of the impugned rules or acts
and, where appropriate, order the cessation of the
actions that have given rise to the conflict.
3. The judgment shall determine and attribute to one of the
parties the jurisdiction in dispute.
4. The initiation of a conflict of competences prevents the
matter from being brought before the Administration of
Justice.
5. The law shall regulate the cases in which the
conflict arises due to the non-exercise of the
powers attributed to the aforementioned bodies.
Article 104
A Qualified Law shall regulate the legal status of the
members of the Constitutional Court, the
constitutional processes and the functioning of the institution.

Title IX Of the Constitutional Reform

Article 105
The initiative of reform of the Constitution will correspond
to the Co-Princes jointly or to a third of the
members of the General Council.
Article 106
The reform of the Constitution shall require the approval of
the General Council by a two-thirds majority
of members of the House. Immediately afterwards the
proposal will be submitted to a ratification referendum.

Article 107
Once the formalities of article 106 have been completed, the Co-Princes
shall sanction the new constitutional text for its
promulgation and entry into force.

First additional provision

The Constitution mandates the General Council and the Government , in association with the Co-Princes, to propose
negotiations to the Governments of Spain and France with a view to signing a trilateral International Treaty
to establish the framework for relations with the two neighboring states on the basis of respect for the sovereignty,
independence and territorial integrity of Andorra.

Second additional provision

The exercise of the function of diplomatic representation of a State in Andorra is incompatible with the exercise of any other public office.

First transitional provision

1. The General Council itself, which has approved this
Constitution, shall open a special session
to approve, at least, the Rules of Procedure of the
General Council and the qualified laws relating to the
electoral system, the powers and the system of funding
of the Commons, Justice and the Constitutional Court.
This session shall end on 31
December 1993.
2. During this period, which shall begin on the working day following the
of the publication of the Constitution, the General Council
may not be dissolved and shall exercise all the powers that
constitutionally correspond to it.
3. On the eighth day of September 1993, the feast of the Virgin of
Meritxell, the Síndic General will call
general elections, which will be held in the first fortnight
of December of the same year.
4. The end of this session will imply
the dissolution of the General Council and the cessation of the
Government, which will continue in office until the formation of the
new one, in accordance with the Constitution.

Second transitional provision

1. The Qualified Law on Justice shall provide,
in a spirit of balance, the appointment of Judges and
Prosecutors from neighboring States until it is
possible otherwise. This law, as well as that of
the Constitutional Court, will regulate the
nationality regime for Judges and Magistrates who are not
Andorrans.
2. The Qualified Law of Justice will also enable
the transitional regime of continuity in the position
of those judges who, at the time of its
promulgation, do not have the academic degree provided
for in this Constitution.
3. The aforementioned Qualified Law of Justice will provide for
the systems of adaptation of pending processes and cases
to the judicial and procedural system provided for in this
Constitution, in order to guarantee the right to
jurisdiction.
4. The laws and regulations in force at the
time of the creation of the Constitutional Court may
be the subject of a direct appeal of unconstitutionality
within a period of three months, from the inauguration of
the Constitutional Magistrates. The subjects
entitled to lodge it are those provided for in
Article 99 of the Constitution.
5. During the first term following the entry into
force of the Constitution, the representatives of the
Co-Princes in the Superior Council of Justice may not be Andorrans.

Third transitional provision

1. The institutional services of the Co-Princes, whose
powers and functions have been entrusted
by this Constitution to other organs of the State, shall be
transferred to the said organs. To this
end, a technical commission will be set up consisting
of a representative of each Co-Prince, two from the
General Council and two from the Government, who will prepare and send a
report to the General Council so that, within the period mentioned
in the First Transitional Provision, the
provisions necessary to make the transfers effective.
2. The same commission shall take the
necessary steps to bring the police services down
the exclusive authority of the Government within 2 months
of the entry into force of the Constitution.

Repealing provision

With the entry into force of this Constitution, all the previous rules that contradict it are repealed.

Final provision

The Constitution enters into force on the day of its publication in the Official Gazette of the Principality
of Andorra.

And we the Co-Princes, after the Council adopted it in a solemn session held on February 2, 1993, and the Andorran people approved it in a referendum held on March 14, 1993, make it ours, the we ratify, sanction and enact it and, in general knowledge, we order its publication.

Casa de la Vall, 28 April 1993

François Mitterrand
President of the French Republic
Co-Prince of Andorra
Jordi Farrás Forné
Síndic General
Joan Martí Alanís
Bishop of Urgell
Co-Prince of Andorra


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