lo27004001 Law 43/2014, 18 December, of saig Law 43/2014, 18 December, of saig since the General Council at its session of 18 December 2014 has approved the following: Law 43/2014, 18 December, of saig preamble the enforcement of judgments in civil matters in the Principality of Andorra has always been attributed to batlles , in its condition of jurisdictional bodies of first instance. So it is clear of the chapters IV and VI of book II of the Manual Digest, written in 1748, when Antoni Fiter i Rossell reveals that "Contact Causas Civilians [...] preseheix of the two Magistrates that they are forewarned by the parties [...] carrying the sentence son due effect, and Execucio within this term, Espay and 13 days of Justice, [10 of Justice] y 3 de Gracia, which is Consedixen atots [...] ", or" Sidintre los referred 13 days or ask the parties not sentenciae latae diae lletras of Apell Expired, these in order of birth, will put the running sentence in Magistrates them [...] ".
In addition to the Decree of the veguers of 6 may 1916, which introduced minimum standards to ensure proportionality in the seizure of the assets of the debtor and the fair assessment and appropriate the goods auctioned or allocated subsequently to the creditor, it was not until seventy years later that, for the first time, regulates in more detail the procedure of execution of judicial decisions in civil matters , under annex III of the Decree of 4 February 1986 veguers. This regulation confirms the attribution of competence to a seasoned jutjador of first instance, which, however, and regardless of the very specific changes that were introduced by articles 93 to 96 of the transitional law of judicial procedures, of 21 December 1993, years ago that has become insufficient and poorly adapted to the current social and economic circumstances.
In administrative matters, the execution of the judgments does not Charter of nature up to the approval of the law of the administrative and tax jurisdiction, on November 15, 1989, that makes it possible for the first time the jurisdictional protection of the rights of the parties in the relationship of the people with managed public administrations, and of the public administrations between them. The title V of this law regulates the procedure of execution of the administrative legal rulings, but also of administrative acts, by the Mayor of the Administrative Section of the Court of magistrates, in accordance with the specific modifications arising from articles 182 and following of the transitional law of judicial procedures. This regulation, which once again is confident the jurisdiction the right to run in an administrative matter, also presents some gaps arising from the time elapsed since the adoption of the law of the administrative and tax jurisdiction.
Beyond the lack or inadaptacions the regulations of execution already mentioned, since the year 1993 has been noting that the model established in general in paragraph 1 of article 9 of the law of Justice, on 3 September 1993, which attributed to the magistrates and the courts exclusive competence to execute and enforce judicial decisions , does not allow to give a satisfactory response to the problems arising from the increasingly important number of civil and administrative judgments, and administrative acts that require, in order to be executed by the jurisdictional protection forced. It is a reality that, on the other hand, has worsened in recent years as a result of the economic crisis and that, without a substantial increase in the human and material resources allocated to the administration of Justice, an alternative little timely in the times in which we must contain public expenditure, does not seem to be able to solve or mitigate. All this in is that often the resolutions and acts mentioned above cannot be executed automatically or are not in a reasonable time.
The execution of a court order includes the right to have an equitable process within a reasonable period, recognized in article 6 of the European Convention for the protection of human rights and fundamental freedoms, which is part of the Andorran legal system, but also the fundamental right to due process and to a jurisdiction, which enshrines the article 10 of our Constitution. Thus, the Andorran State has the duty to guarantee to every person the beneficiary of a decision of Justice firm, the right to be executed in a reasonable time.
It is for this reason that it was necessary to promote a reform of the existing model, following the directions that I already pointed out in a foreboding the preamble of the Decree of 4 February 1986 veguers, according to which: "a new regulation of the executions of the firm legal rulings intended to avoid the delays that often occur in this area and at the same time release the Batlle of functionality available to it perfectly."
Thus, it was considered appropriate to move the competition to run civil and administrative judgments firm and administrative acts that are executoris, and consisting of all cases in the payment of a sum of money, it initially, it later to a specialized and independent executor, acting however by delegation and under the control of the competent judicial or administrative authority in accordance with the option more and more widespread in the countries of our environment, for the purpose of rationalizing public expenditure and reduce the terms of execution of judicial decisions.
The name of saig that is given to the executor is a term borrowed from an existing figure in our historical legal tradition, which are echoing both the Manual Digest as the Andorran Politar, written in 1763 by Antonio Puig, and also The Coutume d'andorre, published in 1904 by Jean-Auguste Brutails. It is clear from these works that, historically, the batlles succeeded the essays, but it is no less true that the Latin term of saio often translates to usher, who is an executive agent, which is why it has been considered that this is an appropriate benchmark.
Therefore, in order to regulate the figure of saig and the procedure of compulsory execution with regard to which is competent, and to update the regulations minimally in terms of executions of the civil judgments, in anticipation of the approval of a code of civil procedure, it has promoted the law of saig. This law is divided into two titles, the first of which consists of six chapters, which are broken down into forty-six articles, three transitional provisions, a repeal and six final provisions.
The first chapter of the title and regulates the General provisions relating to the profession of saig. The Saiga is defined as the professional of law invested public function which gives authority to run via the civil and administrative judgments enforced and administrative executoris, under the control of the organ that has dictated these acts and resolutions. Then lists the other functions of an accessory, that can carry out the Saiga; establishes the territorial scope of activity of saig and develops the concept of the obligation of the service relative to the main function that has been entrusted with, and also with regard to one of the accessory functions. After fixing the causes of abstention and challenge of saig, discriminating and own their condition, it regulates the remuneration, in the form of fees, and will take into account the expenses caused by the exercise of its functions, which in all cases are challenged before the jurisdiction.
The second chapter of the title and determines the procedure for fixing the number of essays, the requirements that must be met in order to exercise the profession, spanning the academic training, good conduct and technical fitness and training, and the rigorous regime of incompatibilities which are subject. Then detailed the selection procedure, based on the principles of objectivity, transparency and publicity, have as their appointment is carried out and what are the grounds for dismissal, and establish the initial and continuous training required in saig.
The third chapter of the title and create the Essays as a body of public law and professional character, you have to belong compulsorily all essays, and details the functions.
The fourth chapter of the title and affects properly in the exercise of the profession of saig, establishing the prohibition of associations in order to guarantee the free choice of the professional, as well as a range of obligations that aim to ensure the proper exercise of public functions that are assigned to the essays. By way of example, these obligations are in the custody and preservation of the records that initiate, in the tank in a short period of time of the quantities that appear in the execution of judgments or administrative acts, or the duty of insurance.
In relation to the fifth chapter of the title, and dedicated to the control of the activity, is the control of the activities of execution that made the jurisdictional or administrative bodies that have issued resolutions or acts executed, the control of the activity of the Saiga, which is in charge of the Ministry responsible for Justice, and which is embodied in the inspections and the possibility of promoting a disciplinary procedure.
In this sense, the sixth chapter of the title and refers to the regime of responsibility. In particular, subject to disciplinary responsibility and defines the Saiga competent body to deduct this responsibility, as well as its composition. Also lists the rights of saig which is the subject of a disciplinary procedure, and regulates this procedure and provisional measures that can be adopted, always from the perspective of respect for the General principles of law in administrative sanctioning. Below are listed the infringements which can make the saig in the exercise of their functions, which can be very serious, severe and mild, as well as the corresponding penalties. It also notes the prescription of infringements and penalties mentioned, the graduation of these sanctions, the extinction of the responsibility and the annotation procedure and sanctions, as well as the rehabilitation.
The title II is devoted to the regulation of the procedure of compulsory execution carried out in saig. In this sense is clear, with the initial character, which corresponds to the civil and administrative judgments and administrative acts executoris that consist of the payment of a liquid amount.
Then, it details the procedure for compulsory execution itself, which begins with the application for execution on the part of the person running. From here, a requirement the person detailed address saige executed and, in case of default, dictates an agreement though, that can be legally challenged. Below is the seizure of property and rights of the person executed, and once resolved the challenge of the agreement though, if this is the case, these alienen property and rights, in accordance with the applicable regulations in this matter. Finally, lists the cases of termination of the compulsory execution procedure.
It also refers to the costs of the procedure of execution. More specifically, we define the costs and determine the people who have to take care, and, at the same time, fix the obligations of saig in relation to the application for payment of the sums received in the procedure of execution. Finally, there is the notification of termination to the body that has issued the resolution or the Act executed and establishes a rule pertaining to the calculation of deadlines.
The law follows with three transitional provisions that, among other issues, regulate the regime applicable to the procedures of forced execution of the civil and administrative judgments that are being processed to the date on which the first essays take possession of its functions.
The repealing of Decree derogates veguers of May 6, 1916; the final part of article 4 of annex III of the Decree of 4 February 1986 veguers, and article 95 of the transitional law of judicial procedures, as a result of the attribution of the prerogative to execute judgments which consist of the payment of a liquid amount in saig and, above all, bearing in mind that the new law of the embargo detailed and updated regulation establishes the procedure of seizure and of evaluation and transfer of goods and embargoed rights within the framework of the implementation of these resolutions.
This transfer of authority, as well as the attribution to the general administration and faculty in the Commons to run by themselves are administrative acts passed and executoris, in accordance with the law on modification of the code of the Administration, has also motivated the modification of article 9 of the law of Justice and articles 92 and 94 of the transitional law of judicial procedures final provisions, through the first and second.
The third final provision modifies article 1 of annex III of the Decree of 4 February 1986 veguers, with the aim of regulating in detail the procedural formalities that have to be accomplished once the person running the forced execution of the judicial resolution urges civil, and until it is in a position to request this execution in saig.
Finally, the law concludes with three other final provisions that qualify the first final provision, which partially amends the law of Justice, the Government entrusted the publication of consolidated texts and fix the date of entry into force in two of the articles and the transitional provisions, repeal and the end of the law.
Title I. The profession of saig chapter. General provisions Article 1 Definitions for the purposes of this law, is meant to: a titled person responsible of the Saiga professionally): forced execution of judgments or administrative acts executoris, in the terms established by this law.
b) execution Procedure: procedure by which gives effect to the judgments or administrative acts executoris, in accordance with the applicable law, which constricts the person performed to comply with the obligations set out in these acts or this decision.
c) judgments: judgments and aunt dictates by the magistrates or courts in civil or administrative matters.
d) administrative act: Declaration of will of an administrative body aimed to produce a legal effect for the realization of an administrative purpose and relating to a situation of fact or of law and unique, subject to jurisdictional control.
e) running Person: person or public or private entity that requests the forced execution of a judicial decision or an administrative act executori, in accordance with applicable laws.
f) Person executed: person or public or private entity against which runs a ruling or an administrative act executori, in accordance with applicable laws.
g) costs of execution: the amounts that cover the costs of execution, as well as the fees for the person running saig satisfied on.
h) Expenses of execution: the amounts of any inherent in the procedure of execution and necessary for its proper purpose.
I) Fees: the prepayments in saig by the person running that are fixed in the scales approved by the regulations by the Government.
Article 2 The saig 1. The Saiga is the person legal professional invested public function, in accordance with the legal provisions in force, has the authority to proceed with the compulsory execution of judgments or administrative acts executoris, in accordance with the applicable law, at the request of the people and public and private entities authorised to this effect.
This prerogative is exercised within the framework of the powers defined in this law and under the control of the competent judicial or administrative authorities, as it is equally determined in this law.
2. The Saiga has the status of a cooperating of the administration of Justice, in the sense that establishes the title VII of the law of Justice, on 3 September 1993.
3. The saig exercises its functions with total autonomy and independence, and in free and loyal competition, within the framework of the provisions of this law.
In the exercise of the profession, the Saiga is subject to the Constitution, the laws and the rules and uses that make up the professional codes of the profession, as well as to the competent jurisdictional bodies or administrative control and the Ministry responsible for Justice, in accordance with the provisions of this law.
4. essays must provide media always human, technical and material necessary for compliance because of the functions that have assigned to it.
Article 3 according to the function of saig is to carry out the compulsory execution of judgments or administrative acts executoris, in accordance with the applicable laws, by delegation of the governing body that has dictated these acts or this decision and under the control of the organ mentioned.
Article 4 other functions or activities The essays can equally exercise the functions or carry out the following activities: a) check in payment of court requirements.
b) Extend acts of presence, as defined and regulated in the regulations governing notaries, which make faith in justice, unless proof to the contrary.
c) Organize public auctions, under the control of the competent body in accordance with applicable laws. In this sense, the Saiga is responsible for the execution of the auctions and, in the event that they become incidents during the Act of bidding, you have to raise record and communicate it to the body which has dictated the Court ruling or administrative act, in order that the latter or that other appropriate body, in accordance with the applicable law, worked out in accordance with the rules of procedure in force.
d) Exercise the judicial administration in the bankruptcy proceedings, in accordance with the current legislation on this matter.
Article 5 scope and obligation of service 1. The scope of activity of saig extends throughout the territory of the Principality of Andorra.
2. The fulfillment of the functions assigned to it in saig established in article 3 and to the letter of article 4) has mandatory. The Saiga, which is required for this purpose can not deny his participation or performance, unless justified.
3. Are the causes that justify the saig denied his intervention or action, the character manifestly illegal of the proceedings that you request or the fact that these proceedings could have disproportionate consequences. In these cases, the Saiga has the obligation to immediately inform the body which exercises or has to exercise control.
4. The refusal of saig to provide their services without justified cause, or the realisation by his part of acts contrary to the applicable law, gives the right to the person concerned to formulate a demand of liability and claims for damages before the Civil Section of the Council.
Also, the person who is deemed aggrieved by the refusal mentioned may request, with urgent, a legal declaration that forces the saig to carry out the proceedings for the practice of which has been requested. This demand must be addressed to the mayor or the Court that handed down the ruling that is running or is intended to run, or, in the case of an administrative act, the Administrative Section of the Council, in order that their knowledge is attributed to the mayor or the Court to whom corresponds to turn. Once heard the Saiga, and within a maximum period of fifteen days of the filing of the lawsuit, the Court shall issue a summons to solve the dispute, which is final.
5. the duty of professional secrecy with respect to saig has all the facts and the news of which it becomes aware in the exercise of its functions.
Article 6 Causes of abstention and challenge 1. The Saiga has to refrain from exercising the functions that you have assigned to it and, if it does not, it can be recusat, in the following cases: a) have a relationship of marriage or similar relationships, or relatives by consanguinity, affinity or adoption up to the fourth degree inclusive, with any of the parties or with the lawyers of the execution procedure.
b) Be any of the parties of the procedure of running a commercial society in which the saig, your spouse, the person with whom a relationship of coexistence analogous or a relative by consanguinity, affinity or adoption up to the fourth degree inclusive have a participation higher than 20% of the share capital or to participate in the organ of administration.
c) Being or having been a tutor, lawyer or solicitor of any of the parties of the procedure of execution in the last three years.
d) have or have had a professional relationship, economic commercial or with any of the parties or attorneys of the procedure of execution in the last three years.
e) Have pending lawsuits with any of the parties or attorneys of the execution procedure.
f) having a direct interest in the subject-matter of the procedure of execution.
g) have an intimate friendship or enmity with any of the parties or attorneys of the execution procedure.
2. The Saiga may also abstain in cases justified in what it considers that, in the exercise of their functions, their independence or impartiality may be committed.
3. The challenge of abstention and the challenge of saig are resolved by the judge or the Court which handed down the decision that is running or is intended to run, or, in the case of an administrative act, by the mayor or the Court of the Administrative Section of the Council who corresponds to turn.
4. If as a result of the concurrence of causes of abstention or dissent, no saig cannot exercise the functions assigned to it, the implementation of which is compulsory the Court ruling or administrative act corresponds to the Court or administrative authority in the absence of saig.
Article 7 fees and expenses 1. The services of saig are remunerated in the form of fees. The fees of saig are set in accordance with a schedule approved by the regulations by the Government, a non-binding proposal from the Chamber of Essays.
2. The Saiga should give knowledge to the person running the predictable amount of execution expenses that must be paid, corresponding to the whole of the execution procedure.
The Saiga should be compensated for the costs that were able to move forward, in the context of the exercise of its functions.
3. the fees and expenses of the stipulated saig exercise of their functions, in the case that does not conform to the rules in force and applicable schedules or may be disputed before the mayor or the Court that handed down the ruling that is running or has been executed or, in the case of an administrative act, in front of the mayor or the Court of the Administrative Section of the Council who corresponds to turn in accordance with the procedure applicable to incidents of execution of judicial resolutions.
Second chapter. Organization, access, training, and termination Article 8 Number the number of essays is fixed by agreement of the Government, with the request of the Higher Council of Justice, depending on the needs of the country, for the due provision of the services that have entrusted, with a minimum of three essays.
Article 9 requirements and incompatibility 1. In order to exercise the profession of saig you must meet the following requirements: a) having the Andorran nationality.
b) Be in full possession of the civil and political rights.
c) not being convicted of crimes of intentional or reckless offenses linked to the exercise of public functions or jurisdiction, while not been produced the cancellation of criminal records.
d) hold at least a degree of level 4 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government.
e) have passed the examination of technical fitness and training and have studied and have validated the corresponding initial training.
f) not be inability to the exercise of the profession or be included in any cause of incompatibility established in this law, or prohibition to exercise the profession.
2. The exercise of the profession of saig is incompatible: in) With the exercise of any public position, it is elective for the designation.
b) with the provision of services in statutory or work on behalf of the public administration.
c) With the exercise of the legal profession or tries to, or with the provision of paid services on behalf of the Association of Lawyers of Andorra or the official College of Attorneys of Andorra.
d) With the exercise of any other commercial, industrial or professional activity.
e) and, in general, with other posts or functions of any type in companies or business companies, both public and private.
3. Are still compatible with the exercise of the profession of saig activities relating to: a) the management of its own heritage or family.
b) participation in congresses, conferences, seminars or courses.
c) production and literary, artistic, scientific and technical creation.
d) teaching and academic research.
e) unpaid participation in associations and non-profit foundations.
Article 10 Selection 1. The selection of essays is done by agreement of the Government, among people who meet the requirements listed in article 9.1, the procedure of contest opposition, which must respond to the principles of objectivity, transparency and advertising.
2. The Government announced and prepared the opposition and it is the Court that must weigh the evidence and to assess the candidates.
3. During the contest will value the merits indicated in the curriculum provided by the people allowed in the selection process, according to the scale that made public the Government on the basis of the call for proposals, granting to each merit a reasonable weighting.
4. In the phase of opposition candidates held at least three tests: a theoretical about the subject previously published by the Government on the basis of the call for proposals; a practical, in which it is proposed the resolution of one or more cases, in legal areas indicated in the rules of the call, and a third of languages. The first two tests should contain at least an exhibition of oral character. The basis of the call for applications indicates the weighting of each test in the global assessment of the process.
5. The tribunal is composed of six members and is chaired by the Minister responsible for Justice or the Member to which he may delegate this function. In part also the president of the High Council of Justice or the Member of the Board at which he may delegate this function, the president of the High Court of Justice, the president of the Council and two other jurists of recognized training and experience, appointed by the Government, one of which has to exercise the profession in the Principality of Andorra.
6. The same court valued the two phases of the selection process and makes public the list of candidates who have obtained the highest score, in number equal to all the places that you have to cover.
7. The selection process includes a test to verify that there is no/psycho impediments that incapacitin the person for the exercise of the function of saig. The bases of the call down the moment in which it takes place this test, which has as a result a rating of pass or fail. In the case of an assessment as not suitable, the candidate is excluded from the call. The exclusion to this cause is not listed separately or specific to the lists that are made public on the results of the selection process.
8. If any of the vacant seats announced, because the tests have not been passed is for any other reason, it announces a new contest opposition within a maximum of three months, in order to comply with the provisions of article 8.
Article 11 initial training 1. Completed the selection process and before taking possession of the functions, the essays must follow an initial training of a minimum duration of six months, which must necessarily include placements in a professional Office of essays.
2. The Ministry responsible for Justice determines the content and the duration of the initial training and, if necessary, validate the training, in the terms that have been indicated in the conditions of the call of opposition. Also decide who has to take care of the expenses of the initial training.
Article 12 Appointment 1. In accordance with the assessment in the selection process and the list of candidates published, and once accomplished, and validated the initial training, the Government appoints the essays.
2. the essays take possession of their duties after having given an oath or promise in front of the Minister responsible for justice.
Article 13 Termination of the essays are constant in their functions: a) To the waiver, you must notify the Ministry responsible for Justice with at least six months in advance.
b) to imposition of penalty, the main or complementary, opt for the exercise of the trade or the post.
c) to sanction imposed by a very serious, in accordance with the corresponding disciplinary record, of expulsion from the profession.
d) To incur any grounds of incompatibility or disability, or prohibition to exercise the profession.
e) for retirement, on reaching the age of sixty-five years.
Article 14 continued 1. The essays must follow a continuous training, a minimum of 20 hours per year or 40 hours within a period of two years.
2. The Ministry responsible for Justice, with the collaboration of the Chamber of Essays, determines the content and duration of lifelong learning, as well as the possible validation of this training.
3. The costs of continuing education are in charge of the essays.
Third chapter. The Essays Article 15 General provisions 1. It creates the Chamber of Essays as a body of public law and professional character, endowed with legal personality and full capacity for the fulfilment of its purposes.
2. The Chamber of Essays is governed by this law and its internal rules, and it has to relate with the Ministry responsible for Justice, and also with the Government and other public administrations when appropriate, for their professional activities.
3. The functioning and the structure of the Essays are governed by the principle of internal democracy.
4. your territory is the Principality of Andorra.
5. All the essays have to belong necessarily to the Essays. The Presidency of the Chamber of Essays is chosen among the essays by simple majority and for a period of four years. In case of absence of candidates or tie, once they have carried out three votes, the presidency lies in saig you have more years of exercise or, moreover, in the older saig.
Article 16 Functions 1. The Chamber of Essays has the following functions: a) Represent exclusively the profession and to defend the rights and interests of the essays.
b) proposed in a period of no more than six months counting from the first appointment of essays, the internal rules of operation and the ethical standards of the profession, meet them and make them comply.
c) propose criteria relating to remuneradors fees and ensure that they are applied.
d) propose and approve the agreements necessary for the proper development of the exercise of the profession, and ensure that they are applied.
e) to ensure that the essays may practice the profession in accordance with the principles of autonomy, independence and free and loyal competition.
f) organize and manage the necessary shifts to ensure coverage and continuity in the exercise of the functions attributed to the essays, in the event of absence, impossibility or vacation.
g) Collaborate with the Government, especially with the Ministry responsible for Justice, with the rest of the public administration in the matters that are their competition.
2. The rules and schedules mentioned in the letters b) and c) of the preceding paragraph are subject to the prior approval of the Government.
The fourth chapter. Exercise of the profession Article 17 Prohibition of associations 1. In order to guarantee the right to free choice of saig, remain prohibited professional associations among essays, and also two or more essays established his professional Office in the same building.
2. There are Also prohibited associations of essays titled or trading with other professionals.
Article 18 signature and stamp The essays have to register their signature and his seal to the Ministry responsible for justice.
Article 19 Obligations 1. The essays have to bring and keep a record of the proceedings and of the proceedings carried out with the express inclusion of the corresponding financial operations. In the same record must include, if it is occurring, the closure and the file of the proceedings.
The endorsements you have to register in the register at the same time they made the corresponding steps.
2. The file of a file must be communicated immediately to the body that has issued the ruling or administrative act executed or that he had to run.
3. has the obligation to preserve saig for thirty years, into a file, duly protected, are archived.
4. The amounts received by saig relating to executions of the judgments or administrative acts must be deposited, in a maximum period of three working days from its receipt, in a special account opened in the books of the Andorran National Institute of finance, once the deduction of amounts corresponding to the expenses and the fees relating to the procedure of execution in accordance with the schedule approved by the Government.
5. the essays are required, in the exercise of their functions, to use the computer and accounting programs determined by the regulations of the Government. The Ministry responsible for Justice, in the framework of the functions of control of the activities carried out are essays, have access at all times to the accounting of the essays.
6. Without prejudice to accounting and fiscal obligations that correspond to their status as qualified professionals, the essays have to audit their accounts anyalment by an economist duly authorized to exercise the profession in Andorra.
Article 20 Obligation of insurance 1. To respond to the responsibility which may be incurred in the exercise of the profession, the essays have to hire and keep in force a civil liability insurance, an insurance company authorized to carry out the activity in Andorra, for a total of no less than 600,000 euros. This amount may be modified in accordance with the law of the budget.
2. essays must be accredited continuously by the Ministry responsible for justice the fulfilment of the duty of insurance.
Chapter five. Control of the activity Control execution activities Article 21 1. The judicial and administrative acts decisions runs saig executoris, by delegation and under the control of the Court or the Court ruling handed administrative or administrative act.
2. The incidents of execution that may pose should be known and solved by the body which has dictated the Court ruling or administrative act executoris, or that other appropriate body, in accordance with applicable law, and in accordance with the rules of procedure in force.
Article 22 Control of the activity of saig 1. The activity of saig is subject to the control of the Ministry responsible for justice.
The control, which can cover the conformity to the right of the proceedings carried out by saig, within the framework of this law and in accordance with accounting regulations, corporate and tax applicable to qualified professionals, you can check in at any time.
2. Without prejudice to the provisions of the preceding paragraph, the Ministry responsible for justice must order a anyalment inspection of the activity of saig.
The Minister in charge of Justice appoints the person or people with powers of inspection, in the mission and is the recipient of the result of the inspection.
3. The Minister in charge of Justice communicated to the disciplinary body to which refers article 24, the deficiencies or possible deficiencies, so that option was incoï the disciplinary record and issued the appropriate resolution.
Chapter six. Liability Article 23 disciplinary Liability 1. The essays are subject to disciplinary liability arising from failure to comply with this law and the ethical standards adopted by the Chamber of Essays and approved by the Government.
2. The disciplinary responsibility is separate from civil and criminal liability that may correspond to the essays by the same facts.
Article 24 Disciplinary Body 1. Disciplinary is exercised by the disciplinary body, which is integrated by the following members: a) the president of the Chamber of Essays, or, if applicable, the person replacing it or which fills in the Office.
b) two representatives of the Ministry in charge of Justice, appointed by the Minister from among civil servants or agents of the administration of indefinite who occupy positions of leadership, command or responsibility.
c) a representative of the Ministry in charge of finance, appointed by the Minister from among civil servants or agents of the administration of indefinite who occupy a position of leadership, command or responsibility.
2. Any claims or complaints that may be formulated against a saig address to the Minister responsible for Justice, which reports to the president of the Chamber of Essays or, if applicable, the person replacing it or which fills in the Office.
3. If in the course of the processing of disciplinary proceedings is manifest evidence of conduct that may constitute a criminal offence, the disciplinary body must inform the competent court and suspend, then the processing of the case mentioned, which interrupts the calculation of terms of prescription and expiry, until until a firm resolution in the criminal field.
On the other hand, when you are instructing or judging a criminal proceedings for the same facts that have originated or shall behave in a disciplinary file, or other events that are closely linked, they should start the processing of the disciplinary file, if it has not been started before, and then suspends the processing, which interrupts the calculation of terms of prescription or expiry date until until a firm resolution in the criminal field.
In any case, the statement of facts that can be proven to the Criminal Court is binding on the disciplinary body.
Article 25 Rights The saig which is the subject of a disciplinary procedure has the following rights: a) the right to be informed of the facts that you were charged, the infractions that these facts may constitute, of sanctions that may be imposed, the identity of the person designated as an instructor and the competent body to impose the sanction.
b) right of access to the disciplinary file, to know the State of the procedure and to get copies of the documents, under the terms of the code of the administration.
c) right to formulate allegations, to come up with the evidence as it deems appropriate and to use all means of defence allowed by the legislation they are coming from.
d) the right to the presumption of innocence and not to testify against himself.
e) the right to be assisted by a lawyer during the processing of the file, by free choice of saig and at your expense.
f) the right to obtain a reasoned resolution.
g) any other rights that recognize the Constitution or the laws.
Article 26 Disciplinary Procedure 1. The disciplinary procedure the disciplinary body starts by opening a disciplinary record, as a result of the communications referred to in articles 22.3 or 24.2, which apply with respect to the General principles of the system of sanctions.
2. The disciplinary body designates an instructor among its members to instruct the transcript and to formulate, within a maximum period of one month, the corresponding charges, which must include the facts charged, with expression of the infringements allegedly committed and the sanctions that apply to you.
3. The disciplinary body must be notified in writing to the expedientat of the record shall saig, the designated instructor and the schedule of charges. The Saiga expedientat has a period of ten working days to make allegations and request, if this is the case, the practice of testing understanding necessary for his defence.
Answered the charges or after the deadline without doing so, the instructor can do the tests requested as it deems appropriate within a month. Then, you must give the file view in saig expedientat, so that in the period of ten working days to provide the conclusions it deems appropriate.
4. The disciplinary body, which cannot join the designated instructor, you must issue within the period of 15 working days the corresponding resolution, which must be motivated and cannot include facts other than those which have based the charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it must accurately determine the offences committed, the precepts in what remain classified and the sanctions imposed.
The resolution is adopted with the favourable vote of the majority of the members of the disciplinary body, except the designated instructor.
5. The decision of the disciplinary authority exhausted administrative remedies and can be challenged before the Administrative Section of the Council.
Article 27 precautionary measures 1. The disciplinary authority may, by reasoned decision, the provisional suspension of the exercise of the profession of saig against which follows a disciplinary record, bearing in mind the seriousness of the acts committed and the circumstances that attend.
2. The period of provisional suspension may not be higher than the penalty that could be imposed for the offence allegedly committed, and the elapsed time should be taken into account for the purposes of computing the period of the possible sanction of professional disqualification that may impose in the disciplinary file.
Article 28 Offences 1. Are established behaviour offences as such for this law, related to the exercise of the profession of saig.
2. The offences are classified as minor, serious and very serious.
3. very serious offences Are: a) the exercise of the profession without having been appointed by the Government or having ceased in the functions of saig.
b) the exercise of the profession in a case of professional disqualification or provisional suspension, or in a case of incompatibility or prohibition to exercise the profession.
c) will not be deposited in the books of the Institut Nacional Andorrà de Finances the amounts received in the framework of the procedures of execution, within the period fixed in article 19.4.
d) the breach of the obligation to take and keep a record of the proceedings and the proceedings carried out, in accordance with article 19.1.
e) the breach of the obligations or of the professional duties set out in this law or the ethical standards, when in is a serious prejudice to the people who have hired the services of saig.
f) the violation of the duty of professional secrecy.
g) the violation of the prohibition of associations in the sense set out in article 17.
h) firm condemnation by the Commission of a crime, in any level of participation, which occur as a result of the exercise of the profession.
I) breach of the duty to have insurance.
two serious infractions Committee j), even if they are of different nature, provided that they commit within the period of one year from the first of the infractions and that the author has been sanctioned for this infringement.
4. Are serious offences:
a) the breach of the obligations or of the professional duties set out in this law or the ethical standards, when in is a detriment to the people who have hired the services of saig, as long as they do not constitute a very serious infringement.
b) breach of the procedural rules in force in the area of forced execution of judgments or administrative acts.
c) not to abstain from exercising the functions in the case of article 6.1 or exercise them in spite of the existence of a conflict of interest.
d) the refusal of saig to provide their services without justified cause.
e) the Commission of two minor offenses, even if they are of different nature, provided that they commit within the period of six months from the first of the infractions and that the author has been sanctioned for this infringement.
5. the violation of any provision Is slight infringement for his professional activity, including ethical standards, as long as they do not constitute a serious violation or very serious.
Article 29 prescription of infringements 1. Very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of six months. These terms will be calculated from the date of granting, or from the date on which it has had to have knowledge.
2. The prescription period is interrupted by any action taken with the knowledge of the person concerned who speak to the initiation, processing or the decision of the disciplinary file.
The interruption ceases to have effect if not disciplinary record incoa or is paralyzed for more than six months due to causes not attributable to the offender. In this case, the calculation of the period of limitation starts again from the date of the latest record performance in the disciplinary file.
3. In the case of suspension of the processing of the file due to prejudice criminal law, the period of prescription of the offence remains suspended until the disciplinary body have reliable proof of the firm resolution relapse in the criminal field.
Article 30 Penalties 1. Very serious offences can be subject to the following sanctions: a) expulsion of the profession.
b) professional Disqualification for a period not exceeding five years.
c) Fine of no less than € 5,001 and no more than 50,000 euros.
2. serious offences can be subject to the following sanctions: a) professional Disqualification for a period not exceeding one year.
b) Fine of no less than EUR 1,001 and not exceeding 5,000 euros.
3. minor offences may be subject to the following sanctions: a) written Reprimand.
b) Fine not exceeding 1,000 euros.
4. Sanctions of expulsion from the profession of professional disqualification and a written reprimand as a result of a violation, are compatible with the penalty of fine.
5. In the case of very serious and serious offences can also be imposed, as a complementary penalty, the obligation of professional or ethical training activities, when the violation occurred due to the breach of duties which affect the professional deontology.
6. If the person who has committed the infringement has obtained an economic gain, the sanction of fines can be expanded up to the amount of the profit obtained.
7. The sanctions are only executives when the resolution that imposes is firm, because of not being susceptible of administrative or court.
Article 31 professional Disqualification and expulsion 1. The sanction of professional disqualification by the professional during the time for which it has been imposed.
In the case of professional disqualification, the Essays appoints, among its members, a person substitute to manage temporarily professional Office of saig disabled. During this period of time, are not applicable, as appropriate, the provisions of article 8.
When the same person there are various penalties of disqualification successive, the deadline in each of the sanctions begin to count from the previous sanction ultimate fulfillment.
2. The sanction of expulsion impairs the person sanctioned the practice of the profession of saig and went back to an eventual contest-opposition to the selection of essays until they have spent eight years at least.
In the case of expulsion of the profession, the Essays adopts the appropriate decisions in relation to the professional Office of saig expelled. If necessary and temporary, are not applicable to the provisions of article 8.
Article 32 Graduation of sanctions sanctions will graduate according to the circumstances in each case are met, in accordance with the General principles set out in the legislation and, in particular, in accordance with the following criteria: a) Intentionality.
b) Prejudice caused.
c) amount of benefit obtained or that it was intended to get.
d) Reiteration or recidivism.
e) That the same facts have been sanctioned in the penal field.
Article 33 prescribing penalties 1. The sanctions imposed for very serious offences prescribed in any of four years; penalties for serious offences, within two years, and the penalties for infractions minor, after six months.
2. The sanctions that give rise to the professional disqualification for a period exceeding four years prescribed once after the deadline for which was imposed the sanction.
3. The term of prescription of sanctions will start counting from the next day of the day in what has become a firm resolution that imposes.
4. The period of prescription is interrupted by the home, with formal knowledge of the person concerned, of the execution of the penalty.
The interruption left to take effect if the execution rest stop for more than a year due to causes not attributable to the person sanctioned. In this case, the calculation of the period of limitation starts again from the date of the last action that the record in the case of execution.
Article 34 termination of disciplinary responsibility responsibility is terminated by the fulfillment of the sanction, the death of saig expedientat, the prescription of the offence and prescribing the penalty.
Article 35 scoring and communication of sanctions and rehabilitation
1. disciplinary sanctions are stated in the personal file of saig sanctioned and the annotation can be canceled, for the purpose of rehabilitation, unless incurred in new disciplinary responsibility, when six-month deadlines have passed, in the case of sanctions of reprimand or fine; one year, in the case of professional disqualification sanctions no longer than six months; three years, in the case of higher professional disqualification sanctions in six months and eight years, in the case of sanctions of expulsion.
2. The expiry period for rehabilitation is counted from the day after the day on which it has fulfilled the sanction. The cancellation of the annotation, once fulfilled the terms indicated, can be made ex officio or at the request of the person concerned.
Title II. Forced execution by saig Article 36 General provisions 1. By delegation of the judicial or administrative authority and at the request of the person running, the essays carried out the compulsory execution of judgments or administrative acts that are executoris in accordance with the applicable law, and consisting of the payment of a liquid amount by means of the procedure that governs this law.
2. the essays carried out the forced execution of judgments or administrative acts that are executoris in accordance with applicable laws, and that consist of fulfilling obligations to do, not to do or give something different from an amount of money, only with regard to the payment of the liquid amounts that make part of the execution or that flow.
3. essays can not carry out the compulsory execution of judgments or administrative acts executoris different from that established by sections 1 and 2 of this article.
Article 37 Application of execution 1. The person running that requests the enforce a court ruling or an administrative act executori close of saig, must do so by means of a written request to this effect, which must contain the identification and, when they meet, the domicile of the person executed; the writing is there to attach: a) An authenticated copy of the Court ruling or administrative act of character executori.
b) a copy of the summons of the Court ruling, or the provision of constraint, given respectively by the Court or competent administrative.
c) the original of the certificate issued by the competent court stating that the sentence of execution of the judicial decision is firm.
2. the essays, in the framework of the compulsory execution of judgments or administrative acts executoris, are subject to the procedural rules and in the applicable embargo, in that they do not contradict this law.
Article 38 Requirement 1. Within a maximum period of fifteen days from the receipt of the request for execution, the Saiga is aimed at the person executed by means of a requirement, which gives a maximum of thirteen working days to pay the debt and deposit to your professional Office the amount that is the subject of the execution, by way of principal, interest and costs and , where appropriate in accordance with the applicable regulations, in concept of surcharges.
2. The request shall contain: a) the identification and, when they meet, the address of the person required to pay.
b) the concept and the amount of the debt, including capital and the accessories, it is the object of the request.
c) express a requirement for the payment of the debt within thirteen working days of the notification.
d) the warning that if you do not enter the total amount of outstanding debt within the deadline mentioned will proceed to the seizure of the property and rights of the person obliged to pay.
e) the identification of the Court or the administrative act that is intended to run, as well as the sentence of execution or enforcement of the provision.
f) The issue date of the requirement.
3. The request shall be notified to the person executed by means of a letter with acknowledgement of receipt, when I get home. Otherwise, and also when the receipt of the letter has been unsuccessful, the Saiga may issue the agreement though, as article 39.
Article 39 Agreement though 1. The embargo act begins with the agreement though of saig, which must notify the person executed in the same way that article 38.3, when you know the address. Otherwise, or when the receipt of the letter in which it urged the payment has been unsuccessful, the notification must be done by the publication of the agreement though the official bulletin of the Principality of Andorra.
2. The agreement of lien must contain: a) the identification and, when they meet, the address of the person being repossessed.
b) the amount that is subject to the embargo.
c) the identification of the Court or the administrative act that is intended to run, as well as the sentence of execution or enforcement of the provision.
of) The issue date of the agreement.
3. The agreement though it can be challenged before the mayor or the Court which has handed down the ruling that is meant to run or, in the case of an administrative act, in front of the mayor or the Court of the Administrative Section of the Council who corresponds to turn. This challenge will apply and resolves in accordance with the rules of procedure in force.
Article 40 embargo practice 1. Once reported the agreement though according to the article, the fee fixing saig must practice, if this is the case, the seizure of the property and rights of the person executed in a maximum period of eight days, in accordance with the applicable regulations in the matter, in sufficient amounts to cover: a) the amount of the debt and, if applicable, in accordance with the applicable regulations , of the surcharges.
b) accrued interest and accrues up to the date of the effective payment of the debt.
c) the coasts of the execution procedure.
2. Regardless the deal though has been challenged, and unless the competent body decides to suspend the procedure of execution, the saig must practice the embargo of the assets and rights of the person executed. However, you can't alienate the goods and rights seizure until the dispute has been resolved definitively.
Article 41 Disposal of seized goods and rights transfer of embargoed goods and rights are subject to the rules applicable in this matter.
Article 42 the Completion procedure of execution
1. the procedure of execution: a ending) With the voluntary payment by the person executed in the amount that is the subject of the execution, by way of principal, interest and costs and, if applicable, in accordance with the applicable regulations, in concept of surcharges.
b) With the total cancellation of the debt to the amount and in the concepts mentioned in the letter a) of this section, by means of the application of the proceeds of the disposal of seized goods and rights.
c) With the Court ruling that declared the credit fully or partly uncollectible.
d) With the Court ruling that declared the credit has expired.
2. For the purposes of the letter c) of the preceding paragraph, if the saig notes that credit is totally or partially uncollectible, you must go to the mayor or the Court which has handed down the ruling that is running or, in the case of an administrative act, the judge or Court of the Administrative Section of the Council who corresponds to turn, in order to issue the appropriate decision in this regard.
3. If the credit has been declared uncollectible, the procedure of execution can be resumed at the request of the person running if you have news of the creditworthiness of the person executed.
Article 43 Costs 1. Have the consideration of costs of the procedure of execution, in addition to fees of saig, the costs that arise during the procedure. These shores are required in the person executed.
2. If the person does not pay these costs voluntarily executed or not can be satisfy with the product of the alienation of property and rights, the seizure is in charge of who has requested to the execution of the judicial resolution saig or corresponding administrative act.
3. In accordance with the scales approved by the regulations by the Government, the Saiga may request a deposit of funds to the person running to take charge of the coastlines of the execution procedure.
Article 44 The Payment saig has a period of five working days to request in the Institut Nacional Andorrà de Finances the payment in favour of the person running the sums perceived in the framework of the procedure of execution. The Institut Nacional Andorrà de Finances has the same deadline to apply for this payment to the entity or the person corresponding depositary.
Article 45 Notification at the end of the procedure of execution, the saig must notify the governing body that has dictated the Court ruling or administrative act.
Article 46 Calculating deadlines the calculation of deadlines that are set in this law shall be governed by the rules of the code of the Administration and the management and administrative practice.
First transitional provision in the case that the higher education degree has been obtained prior to December 31, 2015, is enough to practice the profession of saig to be in possession of a level 3 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government.
Second transitional provision. Practice of the first essays in the case of the first selected essays, internships in a professional Office to which refers article 11.1 must make effective out of the Principality of Andorra.
Third transitional provision. Procedures of forced execution in progress 1. The procedures of forced execution of the civil and administrative judgments that consist of the payment of a liquid amount, instats prior to the date on which the first essays take possession of its functions, the following regime: a) If on the date mentioned, the mayor or the Court has already latched onto embargo or money received on account of the debt , it remains competent to understand and apply the procedure the same mayor or the same tribunal.
b) in other cases, the judge or the Court dictates aute filing the procedure and leave without effect, if there has been, the requirement of payment. The summons must notify the person running, and also the person executed in the event that you have addressed a request for payment. In the same event must inform the person running that must be addressed to saig which corresponds to the effect of forced execution request.
2. The procedures of forced execution of the civil and administrative judgments that do not consist of the payment of a liquid amount are still known and processed by the mayor or the competent court for this purpose, in accordance with article 36.3 of this law.
Repealing provision. Repealed rules derogate the Decree of veguers of 6 may 1916, article 3 and article 4 in fine, on the basis of "(...) in accordance with the previous article. The cash money repossessed (...) "to the end of the article, the annex III of the Decree of 4 February 1986 veguers, as well as the article 95 of the transitional law of judicial procedures, of 21 December 1993.
First final provision. Modified article 9.1 of the law of Justice modifies the paragraph 1 of article 9 of the law of Justice, on 3 September 1993, which is worded in the following terms: "Article 9 1. The batlles and courts, in accordance with the principles of article 10 of the Constitution, must be resolved on the claims that are made and can only dismiss them for formal reasons, if the default is not rectifiable. Equally, they must run and enforcing judicial decisions in cases that established by law.
Second final provision. Modification of articles 92 and 94 of the transitional law of judicial procedures 1. Modifies the article 92 of the transitional law of judicial procedures, of 21 December 1993, which is worded in the following terms: "Article 92 the enforcement of judgments in civil matters is substance in accordance with the provisions of the law of saig and the law of the embargo, in that they are applicable, and in accordance with the provisions of annex III of the Decree of 4 February 1986 , with the modifications introduced in the articles of this section, in that it is not the law and the law of saig versus offline the embargo. "
2. Modifies article 94 of the transitional law of judicial procedures, of 21 December 1993, which is worded in the following terms: "Article 94 the mention that articles 2, 4, 5 and 6 make the" Mayor "is understood to have made" in the West of the Court of magistrates or the Mayor. "
Third final provision. Modification of article 1 of annex III of the Decree of 4 February 1986 veguers modifies article 1 of annex III of the Decree of 4 February 1986 veguers, modified by article 93 of the transitional law of judicial procedures, of 21 December 1993, which is worded in the following terms : "Article 1 1. The enforcement of judgments in civil matters which do not have to carry out the saig in accordance with the law of saig, corresponds to the speaker of the Court of magistrates or the Civil Section attached to the mayor who has known the process in the first instance. The part that urge the implementation of the resolution has to attach to the demands of running a copy of the aforementioned resolution and certify the soundness or, otherwise, the admission of the appeal appeal to a single effect.
2. In the case of admission to a single effect of the resource of appeal, the provisional execution of the decision may remain subject to the provision of a sufficient surety bond, by the person running, to answer any damages that may be caused this provisional execution, in accordance with article 70 of the transitional law of judicial procedures, of 21 December 1993. If the person executed has interposed resource of replacement against the resolution that has acknowledged the appeal appeal to a single effect and the competent court dictates aute loving replacement resource and acknowledging, therefore, the appeal of appeal in both effects, has been to suspend the provisional execution.
3. Without prejudice to the provisions of the preceding paragraph, once credited the strength of the Court ruling or the admission of the appeal appeal to a single effect, the speaker of the Court of magistrates or the competent Mayor dictates a sentence of execution.
4. If the Court ruling condemning to the payment of a liquid amount, the sentence of execution: a) Determines the quantities that must be meet by way of principal, interest and costs, as well as the quantities that have been deposited or recorded during the process and specify which of these concepts is allocated the amounts.
b) Identifies the person executed and, if there is more than one, fixed the amounts that must be paid each by the concepts mentioned in the letter a), taking into account the liability regime of the condemned person or of the people sentenced, if there is more than one.
5. If the Court ruling sentencing the person executed to deliver a chattel or property or to do or not to do something, it proceeds in accordance with the provisions of the following articles.
If you do not comply with the sentence is or is not possible to give it in their own terms, and is determined by the obligation to satisfy a compensation for damages, or when the initial conviction carries with it the obligation to meet a liquid amount thereon, apply paragraph 4 of this article.
6. The running or the executed can formulate an incident of execution against the sentence of execution, within thirteen working days from the date on which the has been notified of the summons. This incident will apply and resolves in accordance with article 4. "
The fourth final provision. Qualification of the first final provision The first final provision of this law, that modifies the paragraph 1 of article 9 of the law of Justice, on 3 September 1993, has the character of law. The rest of the provisions of this law shall have the character of ordinary law.
Fifth final provision. Publication of consolidated texts are 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 law of Justice, on 3 September 1993, and of the transitional law of judicial procedures, of 21 December 1993, to include the changes introduced so far in these laws.
A sixth final provision. Entry into force title I of this law shall enter into force at the end of a month to be published in the official bulletin of the Principality of Andorra, and the title II and the provisions of the title and tie in there, as well as repealing and final provisions first, second and third, they will come into effect the day after the date on which the first essays take possession of its functions. The Government has published a notice in the official bulletin of the Principality of Andorra to make that date.
Casa de la Vall, 18 December 2014 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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra