lo27004003 Law 45/2014, December 18, amending the code of the Administration, from 29 March 1989 Law 45/2014, December 18, amending the code of the Administration, from 29 March 1989 as the General Council at its session of 18 December 2014 has approved the following: law 45/2014 , 18 December, modification of the code of the Administration, from 29 March 1989 exhibition of illustrations on 29 March 1989, the permanent representatives of the co-princes passed the code of administration which, together with the adoption of the law of the administrative and tax jurisdiction, on November 15 of the same year, is the culmination of the process of the birth of the modern administrative law in the Principality of Andorra , started with the creation, in 1982, the Executive Council, which gained the public administration of the General Council. Until then, although the norms of the General Council, or at other times of the co-princes and his delegates, emphasized in the area of administrative law, you could not speak properly of the existence of this right in our country, since it was not invocable impugnable or before the courts.
The code of the Administration regulates for the first time the basic institutions of administrative law, specifically the administrative act, the administrative contracts, administrative responsibility, the public function and the goods of the Administration, and also establishes the General rules of administrative procedure and administrative resources. On the other hand, the law of the administrative and tax jurisdiction allows, also for the first time, the jurisdictional supervision of the rules of administrative law before a specialized jurisdiction.
The code of the Administration, approved four years before the enactment of the Constitution, is inspired by a few general principles that are consistent with the rights and guarantees which recognises the Supreme rule. For this reason, it has been applied without problems since then and despite being in force for more than twenty-five years, has only been partially heavily twice, with the law of the Government, of 15 December 2000, and the law 11/2004, of 27 May, of specific amendment of the code of the administration. Indeed, the Administration has provided, and continues to offer a legal and normative framework and suitable, and has reached more than offsets the search ends with the approval. However, the need to modify once again or to expand the content, for the purpose of authorizing the general administration and the Commons so that they can run automatically and by themselves are administrative acts passed and executoris, or to delegate this ability in saig, has made it advisable to take advantage of the occasion to modify other regulations of the code which became adapted to the current reality , and also add new ones to solve some shortcomings or gaps option was.
Thus, it has promoted a third modification of the code of the Administration, with a broader scope and that the modifications above, by a law that is broken down into twenty-two articles, two transitional provisions and three final provisions, one of which involves the modification, addition and repeal of several articles of the law of the administrative and tax jurisdiction.
As has been anticipated, the first three articles of the law, that form part of the sixth section of chapter III of the code, given in the general administration and in the Commons, and also to the autonomous agencies and parapublic entities if you are permitting their creation law or regulation, the prerogative to run via forced autonomously and without intervention mandatory, so far, of the jurisdictional organs, the administrative acts passed and executoris, except those that have been run through measures of direct compulsion, when a law doesn't authorize to do it or there are reasons of extreme urgency and necessity. At the same time, it is possible that they can go to saig to this effect, and are detailed and regulate the means of execution that Governments have at their disposal, depending on the type of administrative act which has to run automatically, and at the same time determine the competent bodies to decide this forced execution.
This new faculty, which must exercise in accordance with the procedure established by the new law on foundations of the Tax Ordinance, represents a change all of the existing model, as it moved to the administrative authority a competition so far exclusive jurisdiction, with the aim of resolving or mitigating a problem that since 1993 has increased exponentially. Indeed, the increasingly important number of administrative acts that are not executed voluntarily and that now require the guardianship court to be executed via forced has led to a collapse of the administration of Justice competent, so often this supervision will not be obtained, with the reduction that this implies for the administrations performers.
Then, the law expressly derogates the chapter IV of the code of the Administration, which was already carried out implicitly with the approval, on 15 December 2000, of the law of the public function. And on the other hand, modifies the article 106, to adapt it to the principle of hierarchy of legislation that emanates from article 3 of the Constitution, and article 114, to allow a renewal of the extension of the deadline for the decision making on the part of the competent administrative body, when there are exceptional circumstances and duly motivated.
The seven articles below, which will slot in a new section of Chapter VIII of the code of the Administration, the essential principles of administrative sanctioning procedure, and develop in this way, the fundamental principles that infer pairwise of article 1 of the code. In this sense, recognized and will provide content to the principles of legality and authenticity; of no retroactivity of the provisions sanctioning, unless you create a favorable effect for the person allegedly offender; of legal certainty; interdiction of any arbitrariness or guilt; of proportionality and prohibition of the double penalty. Thus, it is transferred to the legal concept of "criminal coloring" of administrative law sanctioning that for years recognizes our jurisprudence, in line with the European Court of human rights. And for this same reason, we need what are the rights that support the person who is the subject of a disciplinary record and, at the same time, establishes a specific regulation of the sanctioning administrative procedure that the code is not known to the ordinary procedure.
Afterwards, the law modifies or adds five articles in chapter IX of the code of the Administration, with the aim of substantially reforming the current system of administrative appeals. In effect, it eliminates the appeal to the Government against the events that dictate the common, contradictory to the principle of self-government of Commons that guarantees the article 79 of the Constitution. This fact has motivated that they interpret as an improper height and has caused problems. Thus, in all cases, a unique resource that gets always in front of the collegiate body of the administration which has dictated the Act, unless they provide otherwise. On the other hand, in order to reinforce the rights and guarantees of the person administered extends the deadline for the filing of appeals, of the thirteen working days from the current Manual Digest, too short, up to one month from the notification of the Act the subject of the resource; Noting the obligation of the Administration to solve resource-phase on all of the issues raised, although I have not been al·legades by the person administered, and incorporates the prohibition of "reformatio in peius". Together, the modification of article 127, set in accordance with the amendment of article 36 of the law of the administrative and tax jurisdiction that made in paragraph 1 of the first final provision, implies equally a substantial enlargement of the deadlines for appeal before the administrative jurisdiction, which become a month from the notification of the Act or of the termination of the previous administrative resource , or of six months since the request or the appeal will be considered rejected by administrative silence, instead of within thirteen working days that currently applies in all cases. Finally, it regulates for the first time the possibility of filing an extraordinary appeal for review against administrative acts strong in certain cases set forth.
The four latest articles have as its aim, on the one hand, repeal the transitional provision of the code of the Administration, who left have reason to exist on the basis of the establishment of the administrative and tax jurisdiction, and on the other hand, through the introduction of additional provisions or appropriate end to the code of the Administration, to make possible the application of the term of one month to lodge an administrative appeal to the special laws that reproduce the contents of the code in this matter instead of sending it; invite Governments to establish collaboration agreements between them for the execution of administrative acts, and entrusted them to the appropriate regulatory development for the purpose of establishing a uniform procedure.
The two transitional provisions of this law regulate the regime applicable to the procedures of forced execution of administrative acts that are being processed to the date of the entry into force of articles that make possible the execution of the general administration and the common and, if applicable, of the autonomous agencies and parapublic institutions, of their actions executoris, and determine the rules applicable to disciplinary procedures which are currently under negotiation at the time of the entry into force of the new section 5 of Chapter VIII of the code.
The first final provision amends three articles of the law of the administrative and tax jurisdiction, it adds one and in another agreement. Apart from that it has been mentioned, the layout has the aim to confirm the prerogative of self-governing powers of executive authorities mentioned in relation to the events executoris passed, but it also has the goal of making it possible that from now on the Saiga into competent to execute judgments which pronounce administrative jurisdiction and that a payment consisting of liquid amount , as is happening for judgments in civil matters, in accordance with the law of saig, by application of the third final provision, which modifies the annex III of the Decree of 4 February 1986 veguers.
This novelty should be allowed to speed up the execution of most of the judgments that dictates to the administrative jurisdiction, which will be able to concentrate their resources on the performance of the main function that has been entrusted and that consists in the processing and resolution of litigation. Therefore, it was also necessary to regulate in detail the procedural formalities that must follow from the interested party urges the execution of the Court decision forced until it is in a position to request this execution in saig.
Finally, the law concludes with two other final provisions which, on the one hand, the Government entrusted the publication of refundidos texts and, on the other hand, fix the date of entry into force in two of the articles and the transitional provisions and the end of the law.
Article 1 amendment to article 51 article 51 of the code is modified from the Administration, which is worded in the following terms: "Article 51 1. The general administration and the common, and the autonomous agencies and parapublic entities if you are permitting their law of creation or regulation, can proceed, for themselves, in the enforced execution of administrative acts that are executoris, but when you stop the execution in accordance with the law, or the Constitution or the law require the intervention of the jurisdictional organs.
2. In the case of penalties, the lodging of an appeal in time and prevents the forced execution until the sanction becomes firm.
3. Without prejudice to the right to compulsory execution referred to in the first section, the general administration, the common, the autonomous agencies and parapublic entities can travel also in saig to proceed to forced execution of administrative acts that are executoris, once dictated the enforcement provision, in accordance with the law of saig. "
Article 2 Adding an article 51 bis is inserted a new article 51 bis of the code administration, in chapter III, which is worded in the following terms: "Article 51 bis 1. The forced execution of the acts that involve the payment of a liquid amount is carried out to the property constraint, in accordance with the rules that regulate the procedure of tax collection in Executive period.
2. The forced execution of the acts that may be met by a person other than the person required is carried out by means of the subsidiary. To this end, the Administration running can practice running by itself or by a third person and demand after the amount of the expenses and the amount of the damages caused, in accordance with the provisions of the previous section. You can also liquidate the amount provisionally mentioned before the execution and proceed to the constraint property to get it, and cover with this execution, to backup the final settlement.
3. In the cases in which it will be authorised by law, for the performance of certain acts of the general administration and the coercive fines may be imposed common, repetitive and separated by a space long enough to give it compliance. The coercive is independent of the fines that may be imposed as a sanction, and the two types of penalty are compatible.
4. administrative acts imposed a very personal obligation and cannot be run by any of the means above, can be executed by means of direct compulsion when a law authorize; otherwise, the public administrations have to go to the jurisdiction for the forced execution. However, in case of extreme urgency and in order to avoid a serious danger, the Government can resort to measures of direct compulsion on people. "
Article 3 adding an article 51 ter is inserted a new article 51 ter in the Administration, in chapter III, which is worded in the following terms: "Article 51 ter Are competent to decide the forced execution of administrative acts that are executoris and for the provision of constraint: a) In the general administration, the head of Government and the Ministers. This competition is to be delegated.
b) in common, the body which has the regulations on the organisation and functioning of each common. In the absence of express provision, it is competent the Consul, who may delegate this power.
c) In the autonomous agencies and parapublic entities, it is necessary to meet the provisions of the law or regulation of the autonomous body or the company; in the absence of a specific provision, the director of the autonomous body or the company is competent to decide on the forced execution and the enforcement provision. "
Article 4 Repeal of Chapter VI derogates specifically in chapter VI of the code of administration, titled the public function, and articles 65 to 75, inclusive, that they contain.
Article 5 Amendment 106 article modifies the article 106 of the code of the Administration, which is worded in the following terms: "Article 106 Any procedure established by rules of lower rank to the law must respect the provisions of this chapter, except in the case that develop a special procedure established in law."
Article 6 Amendment of article 114 article 114 of the code is modified from the Administration, which is worded in the following terms: "Article 114 1. The administrative services have the function to instruct the files, i.e. to gather all the elements that allow the competent authority to make a decision with full knowledge of cause.
2. In accordance with article 36, should respect the rules on the form and deadlines prescribed eventually.
3. The proceedings of instruction and, in particular, the information that we request interested parties can be a result of an extension of the deadlines for making the decision. The extension can be decided when the circumstances call for it are met, for a period that may not exceed half of the initial period, as long as they do not harm the rights of third persons. In exceptional and duly motivated circumstances, you can renew the extension to a new term that does not exceed the half of the initial term. "
Article 7 Add a new section introduces a new section in the Administration, with the number 5, in Chapter VIII, after article 123, which is written in the following terms: "5. sanctioning Procedure" Article 8 adding an article 123 bis is inserted a new article 123 bis in the Administration, in the new section 5 of Chapter VIII , which is worded in the following terms: "Article 123 bis 1. Public administrations can only exercise the sanctioning powers when he has been expressly attributed to a law, and we have to make in accordance with the legally established procedure to exercise or, in the absence of established legal procedure, with this chapter.
2. only constitute infringement of the administrative violations of legal regulations that are established as such by an act or by a communal regulations within the framework of the provisions of the law of delimitation of competences of the common. The regulatory provisions of development can enter specifications or graduations to infringements and sanctions established by law, but cannot establish new offences or penalties or alter the nature or the limits of the infractions and sanctions set legally.
3. only apply the penalty provisions which are in force at the time of the facts constituting the administrative infringement. However, the penalty provisions are applied retroactively if you favour the person allegedly offender.
4. Can only be sanctioned by the facts constituting an administrative infringement individuals and legal entities that are responsible, even if it is for simple negligence. The administrative responsibilities that derived from sanctioning procedure are compatible with the requirement for the individual offender the re-establishment of the situation that has altered in its original state, and also with the compensation for the damages it has caused.
5. The administrative sanctions may not entail deprivation of liberty never.
6. You cannot punish again the facts that have already been disciplined criminally or administratively, when there is identity of subject, of the fact and of the grounds for the sanction. "
Article 9 adding an article 123 ter is inserted a new article 123 ter to the code of administration, within the new section 5 of Chapter VIII, which is worded in the following terms: "Article 123 ter anyone subject to a disciplinary record has the following rights: a) the right to be informed of the facts that you were charged. of the offence or offences that these facts may be established; of the sanctions that may be imposed, and the identity of the trainer and of the competent body to impose the sanction.
b) right to know, at any time, the State of the sanctioning procedure and to get copies of the documents therein, in the terms established by this code.
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 herself.
e) the right to be assisted by a lawyer during the processing of the file, of free choice on the part of the person expedientada and at your expense.
f) the right to obtain a reasoned resolution.
g) any other right that we recognize the Constitution and the laws. "
Article 10 adding a article 123 quater is inserted a new article 123 c does to the code of administration, within the new section 5 of Chapter VIII, which is worded in the following terms: "Article 123 c 1. The disciplinary procedure is initiated by a ruling of the competent body in each case. This ruling has been notified to the person expedientada.
2. Upon receipt of a communication or complaint regarding an alleged violation, the administrative body competent to initiate the proceedings may order the opening of a reserved information, before the Providence by which shall decide on the matter or, if necessary, the file of the proceedings.
3. In the same Providence that sort shall the transcript, the competent body must appoint an instructor.
4. Once initiated the procedure, the competent body to settle can be adopted, motivadament, the appropriate precautionary measures to ensure the effectiveness of the resolution that might fall. In any case, these precautionary measures should be proportionate to the aim pursued.
5. The sanctioning procedure should separate the phase of the instructor to impose penalties, which should be assigned to different organs.
6. The exercise by the public administrations of the disciplinary with respect to staff in its service, both statutory and contractual relationship is governed by the rules that govern the relationship of the corresponding service. However, the rules of this chapter apply with extra character. "
Article 11 Add a 123 article quinquies is introduces a new article 123 quinquies of the code administration, within the new section 5 of Chapter VIII, which is worded in the following terms: "Article 1-quinquies 123. Notified the opening of the case, the instructor orders the practice of all the performances and evidence it considers suitable for the competition of the facts and to determine responsibilities likely to sanction.
2. In view of the actions were carried out, the instructor draws up a list of charges, in which must include the exposition of the facts imputed to the person expedientada, the reference to the provisions that have been infringides and the proposed sanction.
If the file is opened simultaneously against more than one person, you have to differentiate clearly the facts that are allocated to each, the offences that constitute each conduct and the penalties proposed for each infringement.
3. The charges must be notified to the person expedientada, which has a period of ten working days to answer it, to contribute anything they consider relevant in defense, and to come up with evidence, if they deemed it appropriate.
4. The instructor may also decide, ex officio, the opening of a trial period, which may not exceed one month; in this case gives the person expedientada the ability to propose evidence and practices which it considers relevant. In exceptional cases and for justified, the instructor can set a test period in excess of one month, or extend the period you've decided initially, when the amount or complexity of the tests that you have to practice make it advisable.
The instructor must reject the evidence proposed by the person expedientada, through a grounded decision when are unfair or unnecessary. This resolution is not susceptible to appeal, without prejudice to the possibility to propose the evidence rejected in the framework of the appeal against the resolution that put an end to the case.
5. Within the period of one month from the end of the trial period, when you have opened, or the deadline to answer the charges, in the other cases, and that the person expedientada has answered or not, the instructor gives a proposal for resolution.
6. The instructor moved the motion in the expedientada person, and gives a new period of ten working days to make the allegations it deems appropriate. After this period, raised the proposal of resolution, together with the allegations made eventually, to the competent body to resolve.
When the proposed resolution does not contain any modification of the charges in relation to the events that are considered to be tested, their legal qualification and the sanction proposed, the instructor can bypass the transfer of the motion to the person expedientada and raise it directly to the competent body to resolve. "
Article 12 adding an article 123 sexies free hosted it introduces a new article 123 sexies free hosted in the Administration, in the new section 5 of Chapter VIII, which is worded in the following terms:
"Article 123 sexies free hosted 1. When the infraction qualifies as a mild, sanctioning the transcript can be instructed through the abbreviated procedure that regulates this article.
2. in the criminal summary procedure, the instructor practised the actions it considers appropriate to clarify the facts and formula directly the proposed resolution, which notifies the person expedientada with an indication that it is to apply the criminal summary procedure. The expedientada person has a period of ten working days to formulate allegations; This circumstance must be stated in the notice of the proposed resolution.
3. Once received these allegations, or when you've spent the time to make them, the instructor elevates the case to the competent body to resolve.
4. If the allegations the person expedientada proposes the practice of new evidence, the instructor practices which it considers relevant, deny the other motivadament and, then, raise the matter to the competent body to resolve. "
Article 13 addition of an article septies 123 is introduces a new article 123 septies in the Administration, in the new section 5 of Chapter VIII, which is worded in the following terms: "Article septies 123 1. The resolution that puts an end to the sanctioning procedure should be motivated, and should express, when it is the case, the facts that are considered to be tested, the legal norm which typify as a violation and the legal norm that establishes the penalty that applies.
2. In the resolution can not be proven different from facts stated which have been determined in the course of the procedure, regardless of the fact that it varies the legal qualification.
3. If you have taken precautionary measures during the procedure, the resolution must be delivered, motivadament, on the maintenance or the lifting of these measures. The resolution may also adopt motivadament new precautionary measures to ensure its effectiveness while not to run, even if it had not been foreseen in the proposed resolution. In any case, these precautionary measures should be proportionate to the aim pursued. "
Article 14 Amendment of article 124 modifies the article 124 of the code of the Administration, which is worded in the following terms: "Article 124 1. Any person who is considered not affected by an act or a resolution of the directors may be lodged it in administrative resource, as follows: a) if it is of the general administration, in front of the Government.
b) in the case of acts of common, in front of the Common Council, saved the case that a regulations of the corresponding Common you have otherwise.
c) in the case of acts of the autonomous bodies or semi-public entities, it is necessary to meet the provisions of the law or regulation of the autonomous body or the company; in the absence of a specific provision, the resource gets in front of the Board of Directors of the autonomous body or the company.
Are excepted from the provisions of this section and is governed by its own rules the resources in the area of construction and urban planning, and tax and fiscal matters, and other resources for which a law has a special procedure.
2. You can lodge an appeal against the final administrative acts and the acts of procedure that preclude the continuation of the procedure, and also against those who produce hopelessness.
3. The deadline for formulating administrative appeal is one month from the date of the notification of the Act appealed, except when it is established by law a different term.
4. The resolution of the appeal puts an end to the administrative. "
Article 15 Amendment 125 article modifies the article 125 of the code of the Administration, which is worded in the following terms: "Article 125 the resolution of the appeal must decide on all the issues raised, although I have not been al·legades by the interested persons; in the latter case, they must give a procedure of prior hearing for a period of ten working days.
However, the resolution has to be congruent with the requests made by the person who travels, which cannot see their situation worsened as a result of the resource. "
Article 16 addition of an article 126 bis is inserted a new article 126 bis to the administrative code, in chapter IX, which is worded in the following terms: "Article 126 bis prior to the lodging of an administrative appeal is a necessary requirement to have access to the Court. Excepts of this disposition, and are thus directly challenged in court, the following acts: a) involving the resolution of an administrative appeal.
b) the acts alleged by virtue of administrative silence referred to in article 40.
c) other acts which are expressly excepted by law. "
Article 17 Amendment 127 article modifies the article 127 of the code of the Administration, which is worded in the following terms: "Article 127 Against the dismissal, express or alleged, of an administrative appeal, the interested parties may lodge an appeal before the administrative jurisdiction, in the manner and for the period established by the law that governs the procedure before this jurisdiction."
Article 18 adding an article 129 bis is inserted a new article 129 bis to the administrative code, in chapter IX, which is worded in the following terms: "Article 129 bis 1. You can lodge an appeal against the administrative acts review extraordinary firm when any of the following circumstances: a) value documents to appear essential for the resolution of the affair, ignored at the time in which the Government issued the resolution, or subsequent to this resolution, and that evidenciïn the error of the decision appealed.
b) That in the resolution have influenced essentially documents or witnesses declared false by judicial sentence.
c) That the resolution has been issued as a result of trespass, corruption or traffic of influences, violence or other punishable behaviour, declared in court ruling firm.
2. The extraordinary remedy of review stands in front of the Government, the Common Council or the Board of Directors of the autonomous body or company entity, depending on what the administration of which issues the Act.
3. The deadline for appeal review is three months from the date of knowledge of the documents, or soundness of judgment. "
Article 19 repeal of the transitional provision derogates the transitory provision of the code of the administration.
Article 20 adding a first additional provision is introduced a first additional provision in the Administration, after the chapter X, which is written in the following terms: "first additional provision for the purposes of article 124, paragraph 3, is not considered a law that establishes a different resource that is fixed in this code when a period of thirteen days."
Article 21 addition of a second additional provision second additional provision is introduced to the code of the Administration, which is written in the following terms: "second additional provision Are common may establish collaboration agreements between them for the execution of administrative acts or mancomunar services for this purpose. They can also establish collaboration agreements with the general administration, with the same objective. "
Article 22 addition of a final provision is inserted a provision to end the Administration's Code, which is written in the following terms: "final provision the administrations should develop in a coordinated manner the regulations necessary for the execution of administrative acts, in order to establish a uniform framework of procedure."
First transitional provision. Procedures of forced execution in progress the procedures of forced execution of administrative acts instats prior to the date of the entry into force of articles 1, 2 and 3 and paragraphs 2, 3, 4 and 5 of the first final provision of this law, the following regime: a) If at the date of the entry into force of the aforementioned articles, the mayor or the Court has already latched onto embargo or money received on account of the debt , or have imposed a coercive or ordered measurements of direct compulsion, 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 or other actions carried out. The summons must notify the Administration, and also the person executed in the case that has been put in knowledge of the procedure of execution. In the same event must inform the Administration and, if applicable, the person executed, that the Administration is hereinafter competent to run by itself the forced execution of the administrative act which had been requested. The Administration may request the competent court or bailiff, and get it, the return of the original of the transcript that corresponds.
Second transitional provision. Disciplinary procedures in the course of the proceedings that have been initiated before the entry into force of this law shall continue to be processed and resolved in accordance with the rules in force at that time. However, the rights of the person expedientada that article 123 ter of the code of the administration are applicable immediately.
First final provision. Modification of the law of the administrative and tax jurisdiction 1. Modifies the article 36 of the law of the administrative and tax jurisdiction, of 15 November 1989, which is worded in the following terms: "Article 36 the term to file the petition before the Administrative Section of the Court of Batlles is one month from the date of the notification of the event, when is impugnable directly via Court , or the date of the notification of the resolution of the previous administrative resource. If there is no notification, the period is six months from the date on which the application or the appeal must be considered rejected by administrative silence, in accordance with the provisions of the code of the administration. "
2. Modifies the article 97 of the law of the administrative and tax jurisdiction, of 15 November 1989, which is worded in the following terms: "Article 97 the execution of judgments and other decisions of the administrative jurisdiction to be executòries and you don't have to carry out the saig, in accordance with the law of saig, corresponds to the Administrative Section of the Court of Batlles. The control of the execution of the judgments and resolutions above corresponds to the Administrative Hall of the High Court of Justice, in accordance with the provisions of this title.
The Administrative Section of the Court of Batlles runs also the administrative acts that are executoris, at the request of the public administration that has dictated, when should not be executed by the administration or by the Saiga, in accordance with the code of the Administration and the law of saig. "
3. Modifies the article 99 of the law of the administrative and tax jurisdiction, of 15 November 1989, which is worded in the following terms: "Article 99 public administration should inform the speaker of the Administrative Section of the Court of magistrates of the execution taking place voluntarily by the parties in relation to the sentences you've dictated the Court, within a maximum of six months from the date of the notification of the judgement and firm Executive.
If, in accordance with the provisions of the preceding paragraph, the Rapporteur notes that the sentence has not been performed or has been performed partially or inappropriately, you can practice it automatically forced to run if you do not have to carry out the saig, in accordance with the law of saig.
In any case, if the ruling Executive and declare the nullity of a provision of a general nature, the judgment must be published in full in the official bulletin of the Principality of Andorra immediately after notification. "
4. Add an article 99 bis to the administrative and tax jurisdiction Law, of 15 November 1989, before the first section and in chapter II of title V, which is worded in the following terms: "Article 99 bis 1. The administration or the person administered that urge the forcible execution of a decision handed down by the administrative jurisdiction has to attach to the demands of running a copy of the aforementioned resolution and certify its firmness.
Once credited the strength of the Court ruling, the speaker of the Administrative Section of the Court of Batlles dictates a sentence of execution.
2. 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.
3. If the Court ruling sentencing the person executed to perform an act of execution that can only be accomplished by the person required, which can be accomplished by a person other than the person must, or that entails an obligation not to do or passive, apply the articles 100, 101 and 103, respectively.
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 coercive or compensation for damages, or when the initial conviction carries with it the obligation to meet a liquid amount thereon, apply paragraph 2 of this article.
4. The Administration or the person can make managed 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.
The speaker of the Administrative Section of the Court of Batlles gives the transfer from the incident of execution to other stakeholders, so that within a period of eight working days to make allegations.
If any of the interested parties are opposed to the incident, the speaker the located so that within a period of eight working days propose the practice of testing that understand necessary in order to prove the allegations.
Once engaged in the proposed evidence that the speaker considers appropriate, and any other tests that decide ex officio, dictates a sentence that resolves the incident of execution. This sentence can be appealed on appeal. "
5. article 102 of the law derogates from the administrative and tax jurisdiction, of 15 November 1989.
Second final provision. Publication of texts refundidos bustle 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 the refundidos texts of the code of the Administration, from March 29, 1989, and the law of the administrative and tax jurisdiction, of 15 November 1989, which included the modifications introduced so far in these two laws and added a title to each of the articles of the These laws.
Third final provision. Entry into force this law shall enter into force at the end of a month to be published in the official Bulletin of Andorra, with the exception of articles 1, 2 and 3 and paragraphs 2, 3, 4 and 5 of the first final provision, which 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 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