Law 3/2015, From January 15, Qualified For The Modification Of The Law Of Justice, On 3 September 1993, And Of The Law 28/2014, July 24, Qualified For The Modification Of The Law Of Justice, From 3 September To ...

Original Language Title: Llei 3/2015, del 15 de gener, qualificada de modificació de la Llei qualificada de la Justícia, del 3 de setembre de 1993, i de la Llei 28/2014, del 24 de juliol, qualificada de modificació de la Llei qualificada de la Justícia, del 3 de setembre de...

Read the untranslated law here: https://www.bopa.ad/bopa/027012/Pagines/lo27012005.aspx

lo27012005 law 3/2015, from January 15, qualified for the modification of the law of Justice, on 3 September 1993, and of the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 law 3/2015, from January 15, qualified for the modification of the law of Justice , on 3 September 1993, and of the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 since the General Council in its session of 15 January 2015 has approved the following: law 3/2015, from January 15, qualified for the modification of the law of Justice , on 3 September 1993, and of the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 preamble the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993, detailed way regulates access to the judicial , is in the category of Mayor, is the judge, and by referral regulations, also regulates access to the career Prosecutor, according to the previous conditions and compliance through selection processes governed by the principles of own merits, technical competence and equality among all the andorrans, who must respond to the principles of objectivity, transparency and advertising. In this respect, in the case of access to the Mayor, once the selection process, the article 46 of law 28/2014, which adds an article 66 bis to the law of righteousness, has as initial practices are articulated, they are set in a period of at least one year, or six months if the person has worked as a law clerk or lawyer for at least three years to guarantee a sufficient experience and training with a view to the adoption for the first time of the jurisdictional functions.
On the other hand, the law 28/2014 represents an improvement in the status of the members of the legal and fiscal careers, that is specified, for example, in the regulation of aspects that had not been established so far, such as the various situations in which you can find the batlles, magistrates and prosecutors, as well as deputies from active service and retirement. Therefore, article 53 of the law 28/2014, which adds an article 68 c does to the qualified law of Justice, not only accurate content and the consequences of the situation of suspension as foreseen, but also incorporates and develops the situations of forced leave for the appointment to another position in principle linked directly or jurisdictional function mediata or Attorney , and also the situations of voluntary leave, in cases related to the reconciliation of work and family life or with the extension of the academic or professional training.
In any case, these initial practices long in time and the new situations of forced leave and unpaid leave will cause a delay in the provision of vacancies of batlle, and also the increase in the number and the period of the temporary absences of the batlles and magistrates. It is for this reason that, in addition to the new figures of the Mayor and the Deputy magistrate or reinforcement, integrated into the judicial career, the article 48 of law 28/2014, which addicionava an article 66 quater to the qualified law of Justice, created the figures of Mayor and judge substitute, and the judge Emeritus. The Mayor and the judge substitutes is configured as an urgent appeal, exceptional and residual, without calling peremptory, when a vacancy or a prolonged absence could not be covered by a judge in the judicial career, between people who formed part of a rotary list and meet minimum conditions for the purpose of exercising jurisdictional functions, and his appointment remained subject to the definitive coverage of the vacant square or at the end of the prolonged absence. All in all, given that for budgetary reasons, it is impossible to have a sufficient number of magistrates or judges substitutes or of reinforcement that respond to these contingencies, while, on the other hand, it becomes essential to guarantee the right to the jurisdiction that recognizes the article 10 of the Constitution, and thus avoid delays and undue delay in the time to impart justice.
However, following a requirement of previous opinion of adaptation to the Constitution, the Constitutional Court, by means of a summons from the 17th of October 2014, has concluded that the regulation made under article 48 of the law 28/2014 is not in accordance with the Constitution. In particular, the Constitutional Court shows that the Constitution does not preclude regulate by means of a law the existence of batlles and magistrates substitutes within the judicial career, nor to create within the judiciary procedures for replacement within the judicial and, in the event of urgent need, out of the judicial career. In this sense, it is also clear that the article 48 does not alter the existence or operation of the judicial career, nor a foundation of the Andorran judicial organization, since it establishes a new mechanism of temporary integration of external judges on the judicial career that exert fully the jurisdictional authority of a temporarily, and with the same guarantees of fitness technique that the Constitution requires for members of the judicial career. However, we also know that the creation of substitute judges and the regulation of their status through a law it has to be done within the constitutional limits and, in this order of ideas, it is necessary for beyond the merits for categories that article 48, there is a internal order within each of the categories, and established the criteria for the order of the initial list If a sort order, or if necessary, a new addition to urge them, and if necessary the previous acceptance to form part of the list. Likewise, while the Constitutional Court concludes that article 48 guarantees the inamobilitat of the substitute judge for the appointment, and has all the rights and powers of the judges of the race, as well as the obligations and the guarantees required, and that the period of the appointment is the way, the time duration, however, is indeterminate, and the aim of the Constitution is to set appointments for a certain time , despite the fact that the term of Office of six years only to be applicable to the batlles and magistrates in the judicial career.

Thus, according to the indications made by the Constitutional Court, article 1 of this law adds a article 66 quater to the qualified law of Justice, with a more detailed regulation, which is intended to fulfill the constitutional requirements set out as a guarantee of the exercise of jurisdictional functions. Therefore, all and keep the original wording in relation to the suppositions and assumptions that give rise to the appointment of a judge or a magistrate is no substitute, as well as the system of annual lists and rotating appointment, without altering the groups of people who can be part of these lists, establishing a first prioritisation for registration on the lists with regard to each of these groups and then, a second consideration for the registration of each of the people who are part of the groups singled out, in accordance with criteria linked to the technical aptitude and experience of jurisdiction in the first place, in the second, and the third age. These added clarifications, and the addition of a section that regulates the operation of the Rotary lathe in virtue of which should make the appointment of magistrates and magistrates substitutes, reinforce the guarantees inherent in the constitutional principle of the default judge by law.
On the other hand, the new article 66 c shows that the appointment of magistrates and magistrates substitutes must do so motivated and determined, for a minimum of one year, extendable for successive periods of six months, up to a maximum of six years. Together, that the inscription on the lists of magistrates and judges it substitutes for a period of six years, successively renewable for equal periods, all inspired by the period of the term of Office of mayors and magistrates of the race provisions of the Constitution. And also regulates the procedure for the incorporation and the renovation, at the request of the person concerned, and the lower, at the request of that person, or as a result of the concurrence of circumstances taxades, in these lists, which is articulated in all cases under an agreement of the Superior Council of Justice could be the route. All this allows us to fulfill the constitutional requirement of an independent judge, linked to the determination of the time of the appointment and of belonging to the corresponding lists.
Also specify the consequences in relation to the membership at the annual lists, stemming from the resignation to exercise jurisdictional functions as mayor or magistrate substitute when to turn to call corresponds to a person who is part of it, or as a result of the attainment of the age of mandatory retirement. In addition, it regulates the mechanism of annual update and publication in the official bulletin of the Principality of Andorra of the lists of mayors and magistrates substitutes.
With regard to magistrates Emeritus, even though the Constitutional Court there had an impact, they wanted to streamline the regulation stating that the order of the call for the exercise of jurisdictional functions is the same as is set by the magistrates, and substitutes that this call must be made in accordance with an updated list and published on anyalment.
Finally, the article resumes the regulation established initially on the comparison of the status of the batlles and magistrates of the magistrates, and substitutes Emeritus, to those of the judges of the race, while exercise jurisdictional functions, and on the temporary inamobilitat they enjoy during this period.
On the other hand, by virtue of article 2 of this law shall be promoted by a modification of the tenth final provision of law 28/2014. In effect, this law was approved by the General Council on 24 July 2014, the same day that they were law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, and the law 17/2014, July 24, qualified for the modification of the law for the modification of the code of criminal procedure , from December 10, 1998. The final provisions of these three laws establish that certain rules that they contain and they are absolutely linked between them enter into force within six months from the publication in the official bulletin of the Principality of Andorra, and, therefore, simultaneously in time. In particular, these are the rules that reformed the powers attributed to the magistrates and the courts in the Criminal Court. However, the interposition of the prior opinion of adaptation to the Constitution of article 48 of the law 28/2014 has resulted in that, unlike the two other laws, the penalty, the enactment and publication of this law has been delayed and, consequently, it has become impossible for the entry into force of the aforementioned rules concomitant. And this despite the fact that these rules contained in law 16/2014 and the law 17/2014 can not deploy properly without them being in force the rules that are linked, which have cause and that are in the law 28/2014. It is for this reason that modifies the tenth final provision of the law promptly mentioned, the only effect of to match the date of the entry into force of the rules that were the subject of a six-month schools vacatio with the date of the entry into force of the related standards and contained in law 16/2014 and the law 17/2014 , namely the day 3 March 2015.
Ultimately, this Act ends with a final provision that determines the date of the entry into force.
Article 1 adding an article 66 quater to the law of righteousness, on 3 September 1993 it introduces a new article 66 quater to the law of righteousness, on 3 September 1993, in the first chapter of title V, which is worded in the following terms: "Article 66 c 1. In case of urgent need to cover a batlle, when it cannot be covered by a batlle ordinarily integrated into the judicial career, the High Council of Justice may appoint a substitute bailiff motivated form for this purpose, until they can provide the square or to the reimbursement of its owner. However, this appointment must be for a minimum period of one year, extendable for successive periods of six months, and may not exceed a total period of six years.

2. The Higher Council of Justice appoints the batlles Rotary form substitutes among the people registered in a list established for this purpose anyalment. However, the registration of batlles substitutes in this listing is for a period of six years, successively renewable for equal periods.
Can be part of this list are magistrates Emeritus, former magistrates, the magistrates and people who have passed the selection process of magistrates but who have not obtained square, in the terms established in section 5.
The Superior Council of Justice inscribed in the list to the magistrates Emeritus first; the old magistrates in second place; the old magistrates in third place, and the people who have passed the selection process of magistrates but have not gained admission in last place. Within the first three groups, sign up and sort each of the magistrates Emeritus, of the old magistrates and former mayors, respectively, according to the most time during which have been part of the judicial career; operate and in case of equality, according to as long as you are registered on the list, and more subsidiary and in case of equality, according to have more age. In the fourth group, sign up and sort each of the persons concerned according to the high score obtained in the tests; operate and in case of equality, according to the largest time elapsed since the successful completion of the selection process, and more subsidiary and in case of equality, according to have more age.
3. in case of urgent need to meet a judge, when it cannot be covered by an ordinarily integrated into the judicial magistrate, the Superior Council of Justice can nominate for motivated a magistrate is no substitute for this purpose, so that it can provide the square or to the reimbursement of its owner. However, this appointment must be for a minimum period of one year, extendable for successive periods of six months, and may not exceed a total period of six years.
4. The High Council of Justice appoints Rotary form magistrates substitutes among the people registered in a list established for this purpose anyalment. However, the registration of substitute judges in this listing is for a period of six years, successively renewable for equal periods.
Can be part of this list are magistrates Emeritus and former magistrates, in the terms established in section 5.
The Superior Council of Justice inscribed on the list in the first place, and Emeritus in the old magistrates the magistrates in second place. Within these two groups, sign up and sort each of the magistrates and judges of the old Emeritus, respectively, according to the most time during which have been part of the judicial career; operate and in case of equality, according to as long as you are registered on the list, and more subsidiary and in case of equality, according to have more age.
5. Without prejudice to the mailing lists have been set anyalment, the registration in these lists of persons set out in paragraphs 2 and 4, for renewable periods that you point out, takes place if you so request at the High Council of Justice, and comply with the policies set forth in letters a) to d) and f) of article 66.3, in that they apply to you. Otherwise, the Superior Council of Justice dictates an agreement under which cancels the registration of persons who do not meet the conditions required in the corresponding lists of the following years. Against this agreement you can appeal on the terms laid down in article 25.
Applications for registration, renewal of registration and unsubscribe from the mailing list address in the High Council of Justice, with a minimum of three months before the start of the year in which they are to be valid the following annual lists. In all cases, the Superior Council of Justice dictates an agreement which is capable of remedy, in the terms laid down in article 25.
6. If a person is appointed as a mayor or magistrate substitute when to turn corresponds, whether has ceased in the exercise of jurisdictional functions as if you haven't done so, subsequent appointments fall on people who list of registered in the corresponding annual lists and they are the following in turn.
7. If a person waives exercise jurisdictional functions as mayor or magistrate substitute when to turn corresponds, the Superior Council of Justice dictates an agreement under which cancels the registration of that person in the corresponding lists of the following years, notwithstanding that it might return to apply for registration in accordance with the provisions of paragraph 5.
8. Prior to the date on which they are published lists of the year in which a person who in part to meet seventy-five years, the Superior Council of Justice dictates an agreement under which cancels the registration of that person in the corresponding lists of the following years.
9. The High Council of Justice updated every year lists of mayors and magistrates substitutes, with the inscriptions and the casualties that have occurred during the previous year, and published in the official bulletin of the Principality of Andorra, arranged according to the criteria established by sections 2 and 4, at least one month before the start of the year in which they have effect.
10. As long as they meet the General conditions laid down in article 66.3, the retired judges may apply to the Superior Council of Justice on his appointment as magistrates Emeritus until they meet seventy-five years. The magistrates are called Emeritus with preference for rotation to complete the composition of the courts, where appropriate, and to cover the replacement of vacancies or absences that may occur.
The call command is governed by the criteria established in section 4, in accordance with a list established for this purpose anyalment that is updated and published under the terms of paragraph 9.
11. The status of the batlles and magistrates of the magistrates and substitutes Emeritus is equal, during the exercise of their jurisdictional functions, the magistrates and magistrates, and are remunerated for the period that they exercise a jurisdictional function. However, the batlles and magistrates substitutes and the magistrates Emeritus do not belong to the judicial career and exert the function of jurisdiction with temporal inamobilitat. "
Article 2

Modification of the tenth final provision of law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 modifies the tenth final provision of law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 , which is written in the following terms: "tenth final provision This law shall enter into force the day after being published in the official bulletin of the Principality of Andorra, with the exception of articles 31, 32, 33-only with regard to paragraphs 2 and 3 of new article 50 of the law of Justice 42 35-39, and final disposal, and second , which shall enter into force on 3 March 2015; and article 19-only with regard to paragraph 9 of the new article 36 of the law of Justice, which shall enter into force on the same day in what do the budget Law for the year 2015. "
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, 15 January 2015 Vicenç Mateu Zamora Syndic General 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