Law 12/2016, From The 28Th Of June, Amending The Transitional Law Of Judicial Procedures, Of 21 December 1993, And Law 16/2014, July 24, To Amend The Transitional Law Of Judicial Procedures, Of December 21, Of ...

Original Language Title: Llei 12/2016, del 28 de juny, de modificació de la Llei transitòria de procediments judicials, del 21 de desembre de 1993, i de la Llei 16/2014, del 24 de juliol, de modificació de la Llei transitòria de procediments judicials, del 21 de desembre de...

Read the untranslated law here: https://www.bopa.ad/bopa/028042/Pagines/CGL20160714_12_34_40.aspx

CGL20160714_12_34_40 law 12/2016, from the 28th of June, amending the transitional law of judicial procedures, of 21 December 1993, and law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993 law 12/2016, from the 28th of June, amending the transitional law of judicial procedures , of 21 December 1993, and law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, since the General Council in its session of 28 June 2016 has approved the following: law 12/2016, from the 28th of June, amending the transitional law of judicial procedures , of 21 December 1993, and law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993 of The law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, he aimed to adapt this standard to the modification of the contemporary and substantive law of Justice , on 3 September 1993. In particular, they adapt to the new rules of competence of criminal courts cast that enshrines the qualified law on modification of the law of Justice, and to give protection to the creation of the two sections of instruction, in the attribution of new skills in the plenary of the Court of Corts and of the Superior Court, and in the Suppression of the figures of the Deputy Magistrate , the Mayor of skill or Vice President of the Court of Corts.
In addition, the law 16/2014 also amended other articles of the transitional law of judicial procedures to specify the writing or adapt it to the current reality, from the perspective of expediting the processing and resolution of the processes, and also to provide them more reassurance when necessary. This is the case of the procedure of habeas corpus, of the principle of publicity of judgments, the nomination of mayors or magistrates to the respective rooms or sections and the establishment of corresponding shifts of the diet of the substitutions of the magistrates and the regulation of the functions and powers of the Mayor of guard, and of the legal system of the rogatòries committees.
Finally, article 7 of law 16/2014 introduced a new article 30 bis, in the new seventh chapter of the transitional law of judicial procedures, which fixes the rules relating to the applicable procedural review trial that falsehood stems of final decisions of the European Court of human rights, and that includes for the first time the law amending the law of Justice. At the same time, he joined a transitional provision according to which this review trial can be promoted as a result of the final decisions of the European Court of human rights that constatin the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols as long as they are part of the Andorran legal system, relapses from the entry into force of the law 16/2014.
However, according to has made clear the service of execution of judgments of the European Court of human rights, as a result of the visit carried out on 9 February 2016, despite the fact that the trial represents a notable advance above review and is part of the spirit of the recommendation R (2002) 2 of the Committee of Ministers of the Council of Europe and in the follow up of the process of Interlaken the execution of the judgments of the Court mentioned the legal obligation to remedy, in so far as possible, the consequences of the violation of the rights recognized in the Convention for the safeguarding of human rights and fundamental freedoms. And in this sense, they recommend that this review trial is also applicable to decisions that, despite having won prior to the entry into force of the law 16/2014, they were in the process of execution on that date and are under the supervision or monitoring of the Committee of Ministers, while granting a reasonable time to ask for the review that each State can determine discretionary way.
On the other hand, the amendment of the regulation concerning the trial review, beyond the recommendations made by the service of execution of judgments of the European Court of human rights, has demonstrated the need to improve this regulation, in the sense of ' also include the Government as part entitled to promote the trial review, when the final decision of the Court mentioned dimani process, administrative court in what the Government has been part of the attendance and general interest. Indeed, in this case, it is possible that the Government, to be eventually condemned as a result of a judgment of the European Court of human rights, may have a legitimate interest that it can proceed with the final decision that has resulted in the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and, if applicable, you remember the feedback of the actions carried out in the process until the time immediately prior in which there has been the violation, if it does not the person to whom it has been confirmed the violation or the other parties authorised to this effect.
Thus, this law is broken down into two articles that modify the paragraph 1 of article 30 bis of the transitional law of judicial procedures and the transitory provision of the law 16/2014, July 24, to amend the transitional law of judicial proceedings, for the purposes stated above. It also consists of a transitional provision and two final provisions that set the deadline for urging the trial review in the event that the specific subject-matter of the amendment regulation, enabled the Government to publish the consolidated text and note the entry into force of the law.
Article 1. Modification of paragraph 1 of article 30 bis of the transitional law of judicial procedures, of 21 December 1993 modifies the paragraph 1 of article 30 bis of the transitional law of judicial procedures, of 21 December 1993, which was introduced by article 7 of law 16/2014, July 24, to amend the transitional law of judicial procedures , of 21 December 1993, and is worded in the following terms: "Article 30 bis

1. The trial review can be promoted within the expiry period of three months from the notification of the final decision of the European Court of human rights, to the natural or legal person from which it has been confirmed the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols as long as they are part of the Andorran legal system, or by their legal representative and, in the event of death, by his heirs, your parents, your children, your spouse or the person with whom he formed a stable Union of a couple. This procedure can also be promoted in the same period by the Government, for reasons of general interest, in case the final decision of the European Court of human rights run because of an administrative court process in what has been a part.
[…]”
Article 2. Modification of the transitional provision of law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993 modifies the transitory provision of the law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, which is written in the following terms Review: "the trial of transitional provision that regulates in article 7 can be promoted as a result of the final decisions of the European Court of human rights that constatin the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols, as long as they are part of the Andorran legal system , relapses from the entry into force of this law, or before if the date of the entry into force of this law are in process of implementation under the supervision or monitoring of the Committee of Ministers. "
The transitional provision of review that is further to the provisions of the transitional provision of law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, as it has been amended by article 2 of this law, and provided that in the case of definitive decisions relapse prior to the date of the entry into force of the law 16/2014 but on that date were in process of execution under the supervision or monitoring of the Committee of Ministers, has been urging the maximum period of three months from the date of the entry into force of this law.
First final provision is entrusted to the Government that a maximum period of three months from the entry into force of this law published in the official bulletin of the Principality of Andorra on the consolidated text of the transitional law of judicial procedures, of 21 December 1993, to include the changes introduced so far in this law.
Second final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 28 June 2016 Monica Bonell Tuset General Subsíndica Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra