Law 25/2014, The 30Th Of October, The Official Bulletin Of The Principality Of Andorra

Original Language Title: Llei 25/2014, del 30 d’octubre, del Butlletí Oficial del Principat d’Andorra

Read the untranslated law here: https://www.bopa.ad/bopa/026067/Pagines/lo26067003.aspx

lo26067003 law 25/2014, the 30th of October, the official bulletin of the Principality of Andorra since the General Council in its session of October 30, 2014 has approved the following: law 25/2014, the 30th of October, the official bulletin of the Principality of Andorra preamble the Constitution guarantees the principle of legal security and publicity of the legal regulations , and advertising of the rules requires a medium to be effective today for today, can not be other than an official newspaper. The need to establish a modern means of advertising rules, to overcome the limitations of the traditional publication by edicts, had been copsada by the General Council before the enactment of the Constitution: the law of the official bulletin of the Principality of Andorra was adopted on 19 May 1983, although its implementation, through the commissioning of the newsletter had to wait a few years, until two provisions of veguers and the head of Government, both on 17 January 1989, the they make possible. On 30 January of the same year 1989 saw the first issue of the official bulletin of the Principality of Andorra, and nine years later, in 1998, was put into operation the web page of the bulletin, which allows for consultation by electronic means.
There is no doubt that the creation of the official bulletin of the Principality of Andorra represented a quantum leap in the field of advertising rules, but twenty-five years after the publication of the first issue, it is necessary a renewal, in order to adapt this fundamental tool to the technological leap that has occurred in the meanwhile. This is the purpose that the present law.
The most important change involved the new law is the demise of the printed edition of the official bulletin of the Principality of Andorra. The current regulation of electronic signatures and other electronic trust services allows us to guarantee the authenticity and integrity of the contents of the official bulletin of the Principality of Andorra through purely electronic procedures, so that the law can confer full legal effects to the digital edition. Only is expected to return to the Print Edition for technical issues in the computer systems or networks of data transmission, and only while supplies last these issues. Keep three copies printed for conservation at the national archive of Andorra.
The consequence of this decision is twofold: on the one hand, to allow users access to the means of official publication agile, comfortable, efficient, simple and suitable to their needs, totally free of charge; on the other hand, represents a considerable cost savings for the Administration, and bypass the use of paper, contributes to sustainability and to the protection of the environment.
The law establishes the basic principles of the publication and regular deployment technical aspects which, by their nature, are subject to frequent changes.
The law is divided into five chapters and consists of twenty-three articles.
The chapter first contains the basic requirements: that the official bulletin of the Principality of Andorra is the means of official publication, sets the content and the authenticity of the digital edition and, moreover, of the Print Edition, and set the frequency and the responsibility of the publication.
The second chapter is the procedure of publication: regulates who has the power to order it, the obligation to publish, the deadline to do so, the form of delivery of documents, the correction of errors and, finally, establishes the cases of allowance and payment of documents published.
The third chapter deals with the consultation of the official bulletin of the Principality of Andorra: establishes the free and universal character of the digital edition, and also the possibility that the service of the official bulletin of the Principality of Andorra pay other additional services, which may be subject to the payment of public prices. At the same time, he has devoted an article to the protection of personal data: starting from the entry into force of the law, personal data that appear in the Newsletter only will be exposed publicly during the term determined by the rule that requires the publication, or as indicated by the sender of the document.
The fourth chapter, with a single article, it defines the responsibilities of the service of the official bulletin of the Principality of Andorra and the Andorran National Archive in the preservation and custody of the paper and digital editions of each issue.
The fifth chapter establishes the rates that apply to the publication of the extraordinary numbers of the official bulletin of the Principality of Andorra, as well as non-official announcements.
The law has, at the same time, an additional provision, three transitional provisions, a repeal, and two final provisions.
Chapter first. General provisions Article 1 means of official publication in the official bulletin of the Principality of Andorra (OFFICIAL GAZETTE) is the means of official publication of the legal regulations and of the events and announcements which must be the subject of official advertising.
Article 2 Content 1. Are published in the official bulletin of the Principality of Andorra the laws, treaties and international agreements and other legal regulations, as well as the agreements, the events and announcements of the co-princes, the General Council, of the Government, the Constitutional Court, the Superior Council of Justice, the administration of Justice, of Commons, quarts of neighborhoods, and of other public bodies that in accordance with a legal rule, must be the subject of advertising.
2. Also are published in the official bulletin of the Principality of Andorra unofficial announcements in the event it determines a legal rule.
3. public bodies may be published in the official bulletin of the Principality of Andorra unofficial ads without you determine a legal rule, as long as they are not advertising.
4. The Government establishes regulations the structure of the official bulletin of the Principality of Andorra.
5. the head of the official bulletin of the Principality of Andorra there are include, at least, the term "official bulletin of the Principality of Andorra" and the date and number of the publication.
Article 3 digital edition with official 1. The official bulletin of the Principality of Andorra is published in digital format and is freely accessible by electronic means to their head office.

2. the provisions of article 4, Saved only the official bulletin of the Principality of Andorra published in digital form is considered authentic and has legal validity.
3. The Government establishes regulations measures to adopt the service of the official bulletin of the Principality of Andorra in order to guarantee the authenticity and the integrity of its contents, and the mechanisms for consultation by electronic means.
4. The service of the official bulletin of the Principality of Andorra on their head office practices and procedures necessary for the effectiveness of the provisions of this article.
Article 4 Print Edition with official 1. When the technical issues are serious enough to prevent the publication of the digital edition of the official bulletin of the Principality of Andorra, this print. In this case, the paper edition is considered to be true and has legal validity. The service of the official bulletin of the Principality of Andorra determines the point at which there is a serious technical issues, as well as its completion.
2. In the circumstances referred to in the preceding paragraph, the service of the official bulletin of the Principality of Andorra shall make available to the public, free of charge, copies on paper or electronic downloads of the official bulletin of the Principality of Andorra. As soon as you have restored the services of computer systems or data transmission networks, the service of the official bulletin of the Principality of Andorra makes accessible to the public the digital edition for the printed edition referred to the first section.
3. When the technical issues referred to in the first section will prevent the digital edition of the official bulletin of the Principality of Andorra, is the official printed edition.
Article 5 Frequency The Official Gazette of the Principality of Andorra has been published, at least, with weekly, every week of the year. The Government can set up according to the increase of this recurrence.
Article 6 responsibility for publication 1. Takes care of the publication of the Official Gazette of the Principality of Andorra in the service of the official bulletin of the Principality of Andorra, which depends on organically from the head of Government, who may delegate this function.
2. At the head of this service there is an administrator, appointed by the Government, that is the person responsible for the publication. The organic structure of the service is determined by the regulations.
Second chapter. Procedure of publication Article 7 Faculty of arrange the publication 1. The Syndic general relayed to the service of the official bulletin of the Principality of Andorra the order to publish the laws and international treaties, and guarantees that it has followed the procedure foreseen by the Constitution for the sanction and the enactment of laws and treaties.
2. The Faculty of arrange the publication of other legal regulations, as well as the agreements, acts and official announcements, it is up to the people who, in each constitutional organ of the State, public institution, have attributed the competition or are authorised to do so.
3. The publication of ads which is determined by a legal rule is governed by the same.
4. The public bodies who wish to publish an unofficial announcement without you determine a legal rule must make the request in the service of the official bulletin of the Principality of Andorra, but in any case do not have the power to order the publication.
Article 8 obligation to post 1. The service of the official bulletin of the Principality of Andorra has the obligation to publish all documents referred to in article 2.
2. When raised doubts about the origin of publish a document given, the service of the official bulletin of the Principality of Andorra may require who ordered to justify the rule on which is based the obligation of publication.
Article 9 term of publication 1. The publication of documents in the official bulletin of the Principality of Andorra should be made within a maximum period of seven working days from the receipt of the order of publication or, if appropriate, of the payment of the fee set out in Chapter five.
2. When the publication of a document can not wait for the deadline provided for in the preceding paragraph, the authority that the order may request the publication of a special issue of the official bulletin of the Principality of Andorra, saved exceptional circumstances, should be published within a maximum period of two working days from the receipt of the order of publication or of the payment of the fee set out in Chapter five.
3. In the case of the publication of documents which, for the extension or the complexity, they are difficult to treat, or combine, such as urban development plans, the deadline for publication can be extended up to a maximum of twenty working days.
4. In the cases referred to in article 4, the terms stipulated in the preceding paragraphs can be extended for a period of time that should not exceed half of the term.
Article 10 Submission of documents 1. The documents must be published in the official bulletin of the Principality of Andorra are by electronic means, in the manner specified by the regulations, which is to guarantee the identity of the person who relayed and the authenticity and integrity of documents. The regulation should also regulate the possibility to send the documents that must be published on paper, properly signed and sealed, in cases in which, for serious technical issues, it is not possible the electronic relay, or when sending by electronic means does not comply with the guarantees required.
2. the documents received by the service of the official bulletin of the Principality of Andorra have been published, as have been delivered by the senders. The service of the official bulletin of the Principality of Andorra may not modify in any case.
3. the documents received by the service of the official bulletin of the Principality of Andorra are reserved and can not provide information before publication.
Article 11 Correction of errors If a document is published in the official bulletin of the Principality of Andorra with errors that alter or modify the content, you have to play again the whole or the part required, with the appropriate corrections. These corrections are made as soon as it detect or communicate, in accordance with the following rules: a) If the error is attributable to the service of the official bulletin of the Principality of Andorra, the correction of errors has been published on the initiative of this service.

b) in the case of errors contained in the text submitted for publication, the correction is carried out on the initiative of the issuer, by means of a policy of the same rank or an act or a resolution of the same author.
Free Publication and article 12 1. The publication of the documents referred to in article 2.1 is free.
2. The publication of unofficial ads, which refer articles 2.2 and 2.3, is subject to the payment of the fee set out in Chapter five.
3. The publication of special issues of the official bulletin of the Principality of Andorra is subject to the payment of the fee set out in Chapter five.
Third chapter. Consultation of the official bulletin of the Principality of Andorra Article 13 consultation of the official bulletin of the Principality of Andorra 1. Access to the digital edition of the official bulletin of the Principality of Andorra is universal and free of charge, through open networks of telecommunications. The Edition must be accessible from the date that appears in the header of the copy.
2. The service of the official bulletin of the Principality of Andorra has put at the disposal of the public, with free and universal character, the online access to a database to facilitate research, retrieval and printing of documents published.
3. The digital edition of the official bulletin of the Principality of Andorra will use open standards for consultation or downloading documentation and, where applicable, those others that are of widespread use by citizens.
4. The Government should facilitate public consultation and free citizens of the digital edition of the official bulletin of the Principality of Andorra by creating points of consultation.
5. The official bulletin of the Principality of Andorra, through their head office, must be accessible to all citizens, incorporating the features necessary to ensure the accessibility of those groups that require it.
Article 14 Special Services of the official bulletin of the Principality of Andorra to access the official bulletin of the Principality of Andorra do not need to complete any subscription, since it is a free and universal service. However, the service of the official bulletin of the Principality of Andorra may offer additional services, complementary to this basic service. The conditions of provision of these other services are established by regulation and can hold the payment of public prices.
Article 15 protection of personal data in the Official Gazette of the Principality of Andorra in the service of the official bulletin of the Principality of Andorra has to prevent the online access to the personal data contained in its head office, at the request of the sender of the document in question, once you have passed the period of public exposure determined by the rule that requires the publication , or as indicated by that body.
The fourth chapter. Custody of the editions of the official bulletin of the Principality of Andorra Article 16 custody of the editions of the official bulletin of the Principality of Andorra 1. The service of the official bulletin of the Principality of Andorra has to guarantee the authenticity, integrity, incorruptibility, the custody and the durability of the digital edition of the official bulletin of the Principality of Andorra, as well as the possibility of online consultation at all times.
2. The service of the official bulletin of the Principality of Andorra to the national archive of Andorra, within the first two months of the year, electronic files and three copies on paper of each number of the previous year. Corresponds to the national archive of Andorra ensure the conservation, the file and the treatment to enable the query on a permanent basis.
Chapter five. Taxes of the official bulletin of the Principality of Andorra Article 17 Creation Will create the rates referred to in this law, which are governed by the same and, if applicable, to the regulatory provisions that the derived therefrom.
Article 18 Management Corresponds to the service of the official bulletin of the Principality of Andorra, the management and payment of fees.
Article 19 Fact Generator Are generators made of fees: a) the publication of a special issue of the official bulletin of the Principality of Andorra.
b) the publication of unofficial announcements.
Article 20 Required the payment of the fee required for the payment of the fee is the natural or legal person, which require one or more of the constituent services of generators.
Article 21 Accrual and payment 1. The fee is payable at the time of requesting the service establishing a fact generator.
2. The non-payment of the fee within the deadline that will have as a consequence the non-publication of the special issue of the official bulletin of the Principality of Andorra or the non-publication of the ads in the Official Gazette of the Principality of Andorra official.
Article 22 Return of fees fees paid must be returned automatically to the person who is required to pay them if the service is not provided due to causes attributable to the service of the official bulletin of the Principality of Andorra.
Article 23 Fees the fees for the publication of a number and the insertion of a non-official announcement are the following: a) publication of an extraordinary number of € 100 b) publication of an unofficial ad 50 € additional provision Law of general budget can update the rates of the official bulletin of the Principality of Andorra.
First transitional provision The official bulletin of the Principality of Andorra on paper will continue to publish, with official character, up to the date that the Government determines, by means of an agreement which shall be published in the official bulletin of the Principality of Andorra. This date may not be in any case after the 31 December 2014.
Second transitional provision will be delivered to the national archive of Andorra the files that make up each edition digital and paper copies of the numbers of the official bulletin of the Principality of Andorra referred to in article 16.2 from the date to be determined by agreement of the Government published in the official bulletin of the Principality of Andorra.
Third transitory provision of the service of the official bulletin of the Principality of Andorra decides the structure of the official bulletin of the Principality of Andorra to the structure of the digital edition is determined by regulation, in accordance with the provisions of article 2.4.
Repealing provision

Are repealed the provisions of normative character of rank less than or equal to that of this law that object or the versus offline, and in particular the law of the official bulletin of the Principality of Andorra, May 19, 1983.
First final provision empowers the Government to dictate the provisions necessary for the implementation, the effectiveness and implementation of this law within a period of six months from the day after the date of its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 30 October 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.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra