Law 28/2014, July 24, Qualified For The Modification Of The Law Of Justice, On 3 September 1993

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

Read the untranslated law here: https://www.bopa.ad/bopa/026065/Pagines/lq26065005.aspx

lq26065005 law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 since the General Council in its session of July 24 2014 has approved the following: law 28/2014, July 24, qualified for the modification of the law of Justice , on 3 September 1993 preamble in the session on 2 and 3 September 1993, the General Council approved the law of Justice, to comply with the mandate of title VII of the Constitution, entitled To Justice. Indeed, article 85, paragraph 2, refers to the regulation by law of the structure, composition, functioning and the legal status of members of the judiciary; and on the other hand, article 89, paragraph 4; 90, paragraph 2, and 91, paragraph (2) have the qualified law on justice must regulate the functions and the powers of the Higher Council of Justice, determine the duration of the mandate and the conditions of eligibility of the presidents of the Andorran courts, and regulate the sanctioning procedure of judges that incur disciplinary or criminal responsibility, as well as cases of civil liability.
The qualified law of Justice developed all these contents and, at the same time, he regularly and intimately linked to crucial issues of Justice, by one hundred and two articles structured in new titles. The first seven refer to the exercise of the right of jurisdiction, the Superior Council of Justice, to the extent and the limits of the jurisdiction and the Organization and functioning of the courts, to conflicts of competence, to the status of magistrates and judges, the public prosecutor and the cooperators of the administration of Justice. The last two titles were reserved for the additional transitional provisions, and the end.
This law, in force for twenty years, and that has only been modified on time twice, on the occasion of the law of the jurisdiction of minors, of 22 April 1999, and of the law 17/2008, of 3 October, social security, legal and normative framework has provided a complete up to date and suitable, and has reached more than offsets the purposes you used and expressed in its preamble , namely the guarantee of independent and unbiased judicial bodies in the application of the laws, and in the control of the regulatory and administrative activity and, consequently, the effective protection of citizens in the exercise of their rights and the defence of their legitimate interests. However, the time elapsed since that came into force the law of Justice advised a deep modification of several regulations to adapt them to the current reality, as well as the addition of new provisions to resolve any shortcomings or gaps option was.
To this end, it has promoted a third modification of the law of Justice, with a much wider scope and that the modifications above, by a law that is broken down into sixty-seven articles, ten transitional provisions, repeal and final provisions a ten, three of which involve the amendment of several articles of the law on the public prosecutor's Office , of 12 December 1996; of the law of the jurisdiction of minors, of 22 April 1999, and of the general law of the public finances, of December 19, 1996.
Specifically, title V of the law of Justice already devotes twenty-three articles on the status of the batlles and magistrates and regulates in six chapters, the taking of the oath and the promotion, the inamobilitat, the incompatibilities and prohibitions, the challenge and abstention, the civil and criminal responsibilities and disciplinary regime; Title VI contains six other articles relating to the public prosecutor's Office, which have been the subject of development with the law of the public prosecutor's Office; and title II, dedicated to the High Council of Justice, refers to the appointment of magistrates, the magistrates and the presidents of the courts, and the Attorney general and prosecutors attachments. However, as for many years it has been confirmed that the aforementioned regulation is, in part, well adapted to current and time inadequate, little well to the changes experienced by the administration of Justice and the public prosecutor's Office, of which they are part the batlles and magistrates on the one hand, and public prosecutors on the other hand.
It is for this reason that, on the basis of the current regulation of the status of the batlles and magistrates, prosecutors and deputies, and of the powers of the Higher Council of Justice in this matter, and without modifying the structure of the law of Justice, nor the law of the public prosecutor's Office, joined a new policy framework that allows you to configure , in addition to a more comprehensive and detailed status, and a range of new powers of the Government and administration of the judiciary, a judicial progressive, effective and based on the merits and technical aptitude for the exercise of jurisdictional functions. In this sense, will create various degrees in each of the categories of Mayor and magistrate, and Assistant Prosecutor under the modification of the law on the public prosecutor's Office; and the achievement of higher grade is subject not only to a certain seniority in Office, but also to the favourable assessment in relation to the exercise of the functions assigned to it and with training activities. This evaluation is the responsibility of the Superior Council of Justice, which also appoints the Chairmen of all the judicial bodies and their meeting rooms, in accordance with the previous requirements to ensure that the experience and training in the exercise of these functions. Together, the duration of the mandates of presidents, but also of the Attorney general, is limited in time to permit their renewal.

On the other hand, regulates in detail the access to the judicial career, whether in the category of Mayor, is the judge, and by referral regulations, also regulates the access to the career Prosecutor, according to the previous conditions and compliance through selection processes governed by the principles of technical aptitude, merits and equality among all the andorrans , which must respond to the principles of objectivity, transparency and advertising. Likewise, you specify how you develop the contest and the contest in which they have to submit the candidates who want to access the respective positions of Mayor and Assistant Prosecutor on the one hand, and magistrate of the other, and defines each type of competition; It is stipulated the merits that have been included in the rules of the call for proposals and the need to be weighted on the scale that should be stated in these terms and conditions; detail the composition and functions of the Court or of the selection Committee; and in the case of access to the Mayor, once the selection process, are as articulate initial practices that, in principle, are set in a period of at least one year, to ensure a sufficient experience and training with a view to the first assumption of jurisdictional functions.
With regard to access to the judiciary, in accordance with the second transitional provision, section 1, of the Constitution, it is clear that equality of merit between candidates, are preferred the Andorran nationality, and at the same time limited the number of magistrates of French Spanish nationality or, at most, half of the total of the members of the Court in which they integrate , although this proportion may be enlarged to taxades circumstances, and who has joined a transitional provision for a progressive adaptation to this limitation. With regard to access to the judge, the law establishes a system of shifts, and notes that three of every four turns should be covered through a promotional contest between magistrates and prosecutors, and one out of every four through a competition which is open to lawyers, although it introduces mechanisms for technical competition prevail and the merits of the candidates in the access to the judiciary. Has been chosen to give preference to candidates who are already exercising jurisdictional functions and who have already completed at the time a contest opposition, due to the fact that they have a training and previous experience that deserve special consideration.
This turn-based system, as well as the creation of various degrees of Mayor, judge and Assistant Prosecutor, are closely linked to one of the central ideas that informs the new regulation of judicial and fiscal Careers: this is to encourage and facilitate the batlles, magistrates and prosecutors attachments are kept, which means that they have built-in mechanisms that allow the progression and promotion. In this respect, the law provides that magistrates and prosecutors who have accessed attachments in Office under a same contest opposition can choose to occupy a vacant square to the prosecution or to the Batllia, respectively, in the case that has not been requested and attached those who already belong to each of these bodies, and that they can do before calling the opposition mentioned. And equally is, prior to the announcement of the competition, and for the magistrates who wish to occupy a vacant square in a different Court of the body that are affected.
The improvement in the regulation of the status of members of the legal and fiscal careers links equally with the principle of legal certainty and with the regulation of aspects that had not been established so far, as the minimum concepts they have to settle for the remuneration, without prejudice to the detailed regulation are published in a subsequent law. It has also developed the retirement scheme, and it has been determined that applies the general scheme of the public function, except for the voluntary retirement age and profession, which is maintained motility, despite the fact that it has been made on time the retirement of this profession after seventy years. And at the same time, we have detailed the various situations in which you can find the batlles, magistrates and prosecutors, as well as deputies from active service and retirement, so that not only will specify the content and the consequences of the situation of suspension as regulated in the law of Justice, but that there are also incorporate and regulate the situations of forced leave for the appointment to another position in principle linked directly or the jurisdictional function mediata or tax, and also the situations of voluntary leave, in cases related to the reconciliation of work and family life or with the extension of the academic or professional training. Finally, this advancement in the statutory regulation is materialized in the addition of a relationship of several rights that support the batlles and magistrates in the exercise of its functions and allow the defence of their interests or the respect of appropriate working conditions and sufficient.
With this same aim to consolidate the legal security, and also to ensure the inamobilitat of the batlles and magistrates, as a corollary of its independence, will limit the reasons for renewal of the mandate of the latter, and also attached to serious cases prosecutors, disciplinary or criminal responsibility, as it was scheduled so far only for his eventual dismissal , and it is noted that this decision, as well as for disciplinary decisions, it has to take in a motivated, with prior audience granted to the person concerned, and is susceptible of appeal court. While the law of justice affects everything often and developed in several of its articles the content of article 85, paragraph 1, of the Constitution, which enshrines the independence and the inamobilitat of the batlles and magistrates, as well as your only submission to the Constitution and the law, these principles are reinforced and move in a more explicit and detailed First, articulating the appropriate devices in the event that this independence is disturbed, and saying after the content of the principle of hierarchy rules.

However, the expansion or consolidation of the rights of members of the legal and fiscal careers is accompanied by a strengthened requirement with regard to their obligations. In this sense, establishes the duty to submit every two years a report on the activity, which, in addition, it is necessary for the promotion of grade or category, and also regulates the obligation to follow a standard of continuing education activities. On the other hand, beyond the list of exempt activities of the severe system of incompatibilities but necessary, for the purpose of guaranteeing the independence and impartiality of the batlles and magistrates, incorporate specific mechanisms that allow for the verification of compliance, especially with regard to magistrates who are not of Andorran nationality, and extending these incompatibilities beyond the end of the exercise of jurisdictional functions in the event that exercising the law. Ultimately, intensifies the disciplinary regime of the batlles and magistrates as prosecutors attached, through the incorporation of minor offences that do not exist with this consideration, with new cases of serious offences and very serious, and also with a strengthening of the sanctions. These provisions have the purpose, among others, to affect the obligations that are payable to members of the legal and fiscal careers, and to articulate means to punish its non-compliance, taking into account the responsibility that they have attributed.
At the same time, with the aim of preventing temporary vacancies or prolonged absences of judicial members could compromise the proper functioning of the judicial bodies, the law includes the possibility to appoint mayors or magistrates substitutes or booster, and also the creation of new figures of mayor or magistrate is no substitute, no peremptory vocation and as long as they meet the minimum conditions necessary to exercise jurisdictional functions , albeit in a limited way in time. With the same spirit is introduced the figure of the judge Emeritus, which corresponds to the former judge already retired who has not yet reached seventy-five years.
As regards the High Council of Justice, is reformed several articles of title II of the law of Justice and added new ones. Is reviewed in the first place, the legal regime of their decisions, since it can take not only agreements, but also regulations when developing areas of the law referred to, and at the same time regulating the advertising and regimes of contesting these decisions. It is also explicitly confer new powers, they are a logical consequence of the powers that have recognized in disciplinary matters in relation to the members of the legal and fiscal careers, and respond to the objective of promoting the conditions in order that the administration of Justice have the adequate means for its smooth operation. Therefore, the law gives the Superior Council of Justice the competence to appoint inspectors to supervise the operation and at the same time regulates in detail the inspection procedure; the enable to organize training activities or sign agreements with other institutions for this purpose; giving it powers in the area of judicial statistics and official publication of judicial decisions; and has an impact on the obligation to obtain your report in the laws that concern him the same advice or the administration of Justice. Finally, it is significant especially the modification of article 36, which resolves the issue of budgetary and financial autonomy of the High Council of Justice, as a constitutionally recognized organ and guarantor of the independence and proper functioning of Justice, and that had been the subject of a positive conflict of competences, resolved by the Constitutional Court in a judgment of 19 December 1994. The High Council of Justice is competent to prepare your project budget, to be submitted to the approval of the General Council, and have their own Treasury, derived from the payments corresponding to its budgetary allocations, which will have to be firm and delivered to quarters of quarterly, which has required the modification of some provisions of the general law on public finance. Likewise, with regard to the budget of the administration of Justice and the public prosecutor's Office, although it remains integrated into the budget of the Ministry in charge of Justice, you enter certain specialties for the purpose of conferring full powers or added to the Superior Council of Justice or its president in relation to their management and execution.

Secondly, the Act amends several provisions of the law of Justice to reform the powers attributed to the courts in the field of criminal jurisdiction, with the dual purpose that there is a more equitable distribution of the processes which are responsible for knowing and of providing these courts with more consistency and competence uniformity. In this regard, without prejudice to the batlles instructors keep judging by the Criminal Procedure Ordinance, the Court of Corts, in addition to its competence to judge in the first instance in the processes followed by major crimes in a member, it becomes competent to judge in the first instance in the processes that are followed by minor crimes and criminal contravencions in single-member and composition , respectively; and accordingly, the Criminal Chamber of the upper Tribunal assume jurisdiction to resolve these processes in appeal, as well as the criminal process the courts in the first instance by the Court of minors, as well as the resolutions dictated by batlle instructor in the period of execution of the Penal regulations and certain other rulings pronounced by the Mayor of Minors; so it has required the amendment of several articles of the law of the jurisdiction of minors. At the same time, the removal of the Criminal Section of the Council allows the creation of two sections of instruction, in one of which confers the competence to instruct the processes that flow of certain criminal offences, such as those committed in the form of organized crime. This specialization by reason of the subject matter, as well as the right to appoint mayors in the instruction of a particular process, should be allowed to improve and streamline the task group. At the same time, adapting the composition of the courts in the current or future reality, will require the modalities of secondment of its members, and will provide the necessary mechanisms to replace the President in case of absence or inability, and also to strengthen its governmental powers. Specifically with regard to the Court of Corts, in order to achieve consistency and uniformity above, removed the distinction between judges and magistrates, deputies and also the post of Vice President.
Finally, the third of the main purposes of the amendment of the law of Justice is the need to adapt or expand the content in accordance with current needs and the practical experience in aspects of reach a point or more. Thus, in accordance with article 86, paragraph 3, of the Constitution, concerning the criminal trial, have been developed not only the principles of criminal procedure, but also of the rest of the judicial proceedings, without prejudice to the corresponding procedural laws have. It has also introduced amendments that aim to strengthen the guarantee of the rights of the accused in the criminal process, or clarify questions of procedural nature which has led, for lack of legal provision, in judicial decisions well contradictory, well that hamper a global resolution of the dispute and posed, with regard, in both cases, to the administrative jurisdiction. At the same time, is a new regulation regarding the time of judicial proceedings and in the calculation of terms that, while inspired by the current regulation, it aims to simplify the writing of them however and introduce changes in the calculation of deadlines to bring resources in criminal processes, with the aim of facilitating the work of the cooperators of the administration of Justice and, by extension , of the latter. In this sense, it also confers protection regulations in the future sending and receiving of letters and documents for via telematics, through the computer service of procedural communication that should be implemented within a period of two years.
And finally, in accordance with article 88 of the Constitution, according to which the judgments, once strong, have the value of res judicata and cannot be modified or cancelled except in the cases established by law, the law regulates the possibility that these strong statements, dictated by the ordinary courts, may be reviewed in the event that it finds on the part of the European Court of human rights, a violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms, in order to articulate a repair mechanism of the effects of this violation different from compensation.
Article 1 adding a paragraph 4 to article 2 is inserted a paragraph 4 to article 2 of the law of Justice, which is worded in the following terms: "4. The batlles and magistrates, when are considered threatened or disturbed in their independence, they can go to the Superior Council of Justice, which is competent to issue an agreement on this issue , you must communicate to the mayor or magistrate concerned and the public prosecutor, to the appropriate effects. The Superior Council of Justice can, in addition, to promote and carry out the appropriate actions of all kinds to cease these threats or disruptions.
On the other hand, the public prosecutor promotes the appropriate actions in defense of the independence of magistrates and magistrates. "
Article 2 amendment to article 5 modifies article 5 of the law of Justice, which is worded in the following terms: "Article 5 1. The Constitution is the Supreme standard of the legal system and binds all courts, who have to interpret and apply the laws in accordance with the constitutional principles and the interpretation resulting from the decisions handed down by the Constitutional Court in all sorts of processes.
2. The courts are subject to the principle of hierarchy rules.
3. If in the process, a court has reasonable doubts and based on the constitutionality of a law, a decree or a rule with force of law that has to be applied so essential to the resolution of the cause, the formula written before the Constitutional Court asking for his pronouncement on the validity of the rule affected. Presented the question of constitutionality, suspended the processing of the process and the Constitutional Court gives judgment within the period fixed in article 100.2 of the Constitution. "
Article 3 addition of a third paragraph to article 11 is inserted a third paragraph to article 11 of the law of Justice, which is worded in the following terms:

"The remuneration of the batlles and magistrates is regulated by law. The reward must be, at a minimum and where applicable, of the following concepts: a basic Remuneration, according to the Mayor, categories) and magistrate.
b) premium grade staff, depending on the degree that corresponds to each judge or magistrate.
c) premium destination, to the busy square, according to the classification of places approved by the Superior Council of Justice.
of additional liability premium top level) for the functions performed in respect of the own of the Plaza, so additional, temporary or transitory, and also for the designation in the Presidency of a judicial organ.
e) Complement of productivity, not to be consolidated, to overcome the levels of work load established by the High Council of Justice, in accordance with the established judicial activity modules. "
Article 4 modification of the article 13 modifies the article 13 of the law of Justice, which is worded in the following terms: "Article 13 1. The judicial process is based on the principles of hearing, contradiction and equality of the parties, and unbiased substance default before a Court of law.
2. The trials are public, except for cases in which the Court, ex officio or at the request of a party, agreed, exceptionally, held behind closed doors.
3. The trial is substance, preferably in a public oral and contradictory. The batlles and magistrates who know the trial must witness the statements of the parties and the witnesses, the acaraments and the oral reports of the expert witnesses, as well as any other act test.
4. The oral judgment is applied necessarily in the criminal process. In the rest of the procedures, the law establishes the regime of the performances and the kind of judgment that was to follow.
5. Both the criminal and civil judgments or rulings as administrative decisions should be public and known by the parties and by the people in the name of which administers justice.
The notification of the decisions or judgments and other procedural acts will be carried out in accordance with the law.
6. The Batllia and the courts should be opened and have the books of resolutions and relevant judgments, which are free-access saved the cases in which, for reasons of privacy arising from the respect required the right to privacy recognized by article 14 of the Constitution, the Court agrees to limit access to the parts comparegudes.
Especially, they are restricted the actions of prosecutable crimes at the request of a party, without prejudice to the content's advertising absolutori or damning, and the actions of the processes of family law.
The books of resolutions and judgements can be kept on computer support. "
Article 5 Amendment of paragraph 5 of article 16 modifies the section 5 of article 16 of the law of Justice, which is worded in the following terms: "5. to propose the aunt resolutoris of incidents and, with regard to civil and administrative courts, sentences and other decisions that have been subject to discussion of the section , Room or court, and also to write them definitely. With regard to the field of criminal jurisdiction, judgments and other decisions rendered in period of execution are proposed and drafted definitely by judge who has participated in the hearing and designating the Court. "
Article 6 article 17 modification modifies the article 17 of the law of Justice, which is worded in the following terms: "Article 17 decisions of the courts and the presidents, when they have governatiu character, are called agreements, and the batlles and magistrates attached to the Batllia or corresponding Court are required to comply with them. These agreements may be disputed by the batlles and magistrates before the High Council of Justice, in accordance with the rules of the code of the Administration, and later before the administrative jurisdiction. "
Article 7 adding an article 19 bis is inserted a new article 19 bis to the law of righteousness, in the third chapter of title I, which is worded in the following terms: "Article 19 bis firm judgments handed down by the ordinary courts may be revised in the event that you meet the following requirements: a cumulative way) That the European Court of human rights has been confirmed , definitively, that by virtue of the judgment or the sentences mentioned above or in the course of the processing of the corresponding process has been violated a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols, provided that part of the Andorran legal system.
b) that cannot be repaired entirely or not you were able to fully repair the violation established by a compensation.
c) that the review is necessary to repair the effects of proven violation. "
Article 8 amendment of paragraph 2 of article 22 modifies paragraph 2 of article 22 of the law of Justice, which is worded in the following terms: "2." also designates the presidents of the Court of Batlles, the Court of Corts, Court and other judicial positions, in the terms established in article 33.2. "
Article 9 article 24 Modification modifies the article 24 of the law of Justice, which is worded in the following terms: "Article 24 The High Council of Justice meets in ordinary session once a month, to call the president. You can also meet in extraordinary session, at the request of one or more than one of its members, in order to deliberate and decide on any urgent issue that is your competition. "
Article 10 Amendment of article 25 modifies the article 25 of the law of Justice, which is worded in the following terms: "Article 25 1. The Member appointed by the Syndic general is the president of the Superior Council of Justice. The president acts as the representation of the High Council of Justice, convenes and presides over the meetings, set the order of the day, you have to include the points that any Member proposing to examine, he directs the debates and has voting rights ruling in the case of a tie. The votes are always secret.
2. The five members who make up the Superior Council of Justice elect, among them, a Vice President and a Secretary.

3. The Vice President replaces the president in all cases of absence, illness or vacant. The Secretary, with the approval of the president, up minutes of all the meetings and decisions of the Superior Council of Justice.
4. The High Council of Justice is made up of and can adopt decisions with the assistance of four of the five members who compose it. The decisions are adopted by a majority.
5. The resolutions that dictates the High Council of Justice to develop this law are called regulations; all the others take the name of agreements. The regulations of the High Council of Justice, and the appointment, renewal and termination of charges are published in the official bulletin of the Principality of Andorra; other agreements notified to the people who have to comply with or that have to meet, and should only be published when it established a law or when it is addressed to a plurality of unknown people.
6. Against the resolutions of the Superior Council of Justice can appeal in administrative before the High Council of Justice, in accordance with the rules of the code of the administration. Sold out the administrative, you can lodge an appeal before the administrative jurisdiction. Excepts of this regime the decisions in disciplinary matters and the appointment of magistrates, magistrates, prosecutor general and prosecutors, deputies and the non-renewal of the mandates of Mayor, magistrate or Deputy Prosecutor, which are subject to articles 87, 31 and 68.3 of this law, and article 10 of the law on the public prosecutor's Office.
7. The Secretary general of the High Council of Justice, who is appointed by the Superior Council of Justice freely and separate, assists the president and, if applicable, the other members, on the preparation of meetings, relayed the announcements and the order of the day of meetings to members of the High Council of Justice and the other people who have to attend , assists the Member Secretary in the drafting of the minutes of the meetings and of the decisions and the issuance of the certificates of these files and has the announcements, the agendas and the minutes of the meetings, executes the orders of publication of decisions that have been published, has by his organization and command of the General Secretariat of the High Council of Justice , and the rest of functions attributed to the laws or who requested the president of the Superior Council of Justice. "
Article 11 Amendment of article 30 modifies the article 30 of the law of Justice, which is worded in the following terms: "Article 30 the members of the Superior Council of Justice receive the bonus to be fixed by law, at the expense of its budget, in accordance with the good dedication in the performance of the functions that are assigned to it."
Article 12 Amendment of article 31 modifies the article 31 of the law of Justice, which is worded in the following terms: "Article 31 The Superior Council of Justice appoints the batlles and magistrates for a renewable period of six years, in accordance with the conditions and procedures set out in this law.
The agreement of appointment carries with it the income or the maintenance, as required, on the judicial career, and you can go up against before the Full Court. "
Article 13 Amendment of the article 32 article 32 of the law modifies the qualified justice, which is worded in the following terms: "Article 32 The Attorney general of the State and the attached tax are appointed by the High Council of Justice, at the proposal of the Government, in the terms established by the law on the public prosecutor's Office."
Article 14 Amendment of article 33 article 33 of the law modifies the qualified justice, which is worded in the following terms: "Article 33 1. The Superior Council of Justice promotes the batlles in the second and third grades, and the magistrates of the higher grade, under the conditions fixed by article 64 bis, paragraphs 2 and 3.
2. The Higher Council of Justice appoints the president of the Court of Batlles in preference among the magistrates of second or third degree, and the presidents of the Court of Corts and of the Superior Court, preferably between the magistrates of the higher grade, once consulted the members of the respective organs. The duration of the mandate of the presidents is equal to the duration of his term of mayor or magistrate, and may be renewed in this function only once.
3. The Higher Council of Justice appoints presidents of the High Court with preference between the magistrates of the higher grade, once consulted the Chairman and members of the High Court. Without prejudice to the provisions of article 58.2, the duration of his term is equal to the length of their term of Office of judge and can be renewed in this function only once. "
Article 15 Amendment of article 34 article 34 of the law modifies the qualified justice, which is worded in the following terms: "Article 34 The court clerks are selected and appointed, between Andorran nationals and in possession of a title of level 2 of the Andorran Framework of higher education qualifications in the field of law, delivered or recognized by the Government in accordance with the law of the public function of the administration of Justice. "
Article 16 Amendment of article 35 article 35 of the law modifies the qualified justice, which is worded in the following terms: "Article 35 1. The disciplinary function in relation with the batlles and magistrates is exercised by the High Council of Justice, in the terms of the sixth chapter of title V.
2. The disciplinary procedure regime and of the personnel of the administration of Justice is subject to the provisions of the public service of the administration of Justice. "
Article 17 adding an article 35 bis is inserted a new article 35 bis to the law of righteousness, in the third chapter of title II, which is worded in the following terms: "Article 35 bis 1. The High Council of Justice is competent to supervise the functioning of the administration of Justice and, accordingly, may appoint inspectors for this purpose.

The inspection of the judicial organs corresponds to people who are not part of the Andorran judicial career, as long as they have the training and experience sufficient to carry out the inspection processes. In the event that you can not name a person that is not part of the Andorran judicial career, the High Council of Justice may appoint a judge or a magistrate or superior to that of the body inspected.
The inspectors are subject to professional secrecy in relation to the information you discover on the occasion of the inspection, and only can use for this purpose.
2. The inspection includes the examination and supervision of all that is necessary for the understanding of the situation and the functioning of the body inspected and the fulfilment of the duties of judicial personnel and the personnel of the administration of Justice.
However, the inspection under no circumstances can cover the application or the interpretation of the legal system that the batlles and magistrates carry out in the exercise of their jurisdictional functions.
3. The inspection acts at the request of the Higher Council of Justice, the presidents of the judicial organs, and when affects exclusively to staff of the administration of Justice, the court clerks. The job of the inspection must be motivated and is based on the general and periodic supervision or in circumstances and specific facts and identified.
4. The inspection concludes with a report that expresses the actions carried out and the result, and that rises to those requested and, in any case, the Superior Council of Justice. The report may contain recommendations for improving the functioning of the body inspected. Before making it final, is given to the people of the body inspected so they can make observations that believe appropriate.
The inspector can be address to the Association of Lawyers of Andorra, the official College of Attorneys of Andorra and to all the people who think convenient to ask for relevant information for the action that is performed.
5. If the inspection shows they give off signs of disciplinary responsibility, the inspector informs the president of the High Council of Justice and the president of the relevant judicial body, and if it affects the administration of Justice, it also communicates to the Mayor and to the corresponding legal Secretary. If you give off signs of criminal responsibility, it communicates, in addition, to the public prosecutor.
The members of the judicial and the staff of the administration of justice are required to collaborate for the good end of the inspection. "
Article 18 adding an article 35 ter is inserted a new article 35 ter to the law of righteousness, in the third chapter of title II, which is worded in the following terms: "Article 35 ter 1. The High Council of Justice is competent to sort and manage the judicial statistics.
2. Also takes care of the official publication of the judgments of the Superior Court and, where appropriate, of other courts. "
Article 19 Amendment of article 36 article 36 of the law modifies the qualified justice, which is worded in the following terms: "Article 36 1. For the exercise of the powers which it has assigned to it, the Superior Council of Justice makes your project budget, to be submitted to the approval of the General Council.
2. In the preparation of its draft budget, the Superior Council of Justice is bound by the principle of budgetary balance that governed the preparation of the general budget and has to adjust to any guidelines made on this issue.
3. In the execution of its budget, the Superior Council of Justice has to adjust to the administrative procedures governing the general law of public finance and public procurement law. The Council determines what are the governing bodies recruitment.
4. The High Council of Justice is subject to the budgetary control of the General intervention, which may appoint a deputy auditor for this purpose, in accordance with the general law of public finance. Is subject to the control of the Court of accounts.
5. The High Council of Justice has formed and approved before April 1 of each year the liquidation budget of the previous year, in accordance with the general law of public finance and the general plan of public accounting.
6. The president of the High Council of Justice has sent to the General Council, on a quarterly basis and within the next quarter, a report explaining the execution of the budget of the Council and its modifications, and also of the movements and the situation of the Treasury.
7. The High Council of Justice has its own Treasury. This comprises the Treasury payment of the obligations of the collection of the income and expenses in the concept of the transfer from the current Government. The remnants of Treasury are allocated in the general budget law.
8. the Higher Council of Justice prepares each year the budget proposal of the administration of Justice and the public prosecutor's Office, on the basis of the proposals which in turn may be sent by the presidents of the Council, the Court of Corts and of the Superior Court, and the Attorney general, and relayed to the Ministry you have attributed the competences in matters of justice within which fixes the general law on public finance.
9. The budget of the administration of Justice and the public prosecutor's Office is integrated into the budget of the Ministry you have attributed the competences in the area of Justice, but is managed by the Superior Council of Justice. In its implementation, the president of the Superior Council of Justice performs the functions that, in accordance with the current regulations concerning public procurement and pressupostaria, corresponded to the Minister responsible for justice.
Article 20 modification of the article 37 article 37 is modified of law of Justice, which is worded in the following terms: "Article 37 1. The Superior Council of Justice must inform with mandatory and non-binding in relation to the projects or the propositions of law that concern him the administration of Justice or the High Council of Justice.

The report on the bills must be sent to the Government within a period of fifteen working days since it has been required to the effect, or within a period of eight working days in the case that you have stated the urgency; the report about the propositions of law has been sent to the General Council in the same period as established by the Audit Office to the effect that the Government issue the criterion.
2. The Higher Council of Justice can also issue reports to account for the situation and the functioning of the administration of Justice or the High Council of Justice, or to propose improvements or modifications of any kind of laws that the administration of Justice or the High Council of Justice. "
Article 21 addition of an article 38 bis is inserted a new article 38 bis to the law of righteousness, in the third chapter of title II, which is worded in the following terms: "Article 38 bis The Superior Council of Justice can organize, directly or through agreements with other institutions, including foreign and international, educational activities it deems appropriate for the proper functioning of the administration of Justice.
In a special way, you must determine the training programs and practices that should be followed by the batlles in practices that have passed the entrance examination, the training activities required to move on to the second, third or higher degrees within each judicial category, and the minimum levels of continuing education activity that must perform the batlles and magistrates during his tenure. "
Article 22 amendment of the letter d) of the second paragraph and adding a third paragraph to paragraph 3 of article 39 modifies the letter d) of the second paragraph and introduces a third paragraph to paragraph 3 of article 39 of the law of Justice, which are produced in the following terms: "d) disputes about liability of the public administration and of the staff at your service whatever the nature of the activity performed and the type of relationship, contractual or statutory, that unites them. The administrative jurisdiction is, in any case, the only competent to prosecute claims that seeks the Declaration of the liability of the public administration, although it's aimed, solely or jointly, against the insurance company, and also when they are addressed together against any third parties responsible, without prejudice, in the latter case, the applicable substantive rules governing liability which correspond to each of the defendants. "
(…)
"The administrative jurisdiction can meet and solve the questions referred or incidental damages directly related to the civil trial that has raised; However, the decisions taken on these matters have no effect beyond the judgement mentioned and may be reviewed by the competent jurisdiction. "
Article 23 adding an article 39 bis is inserted a new article 39 bis to law of Justice, within the chapter I of title III, which is worded in the following terms: "Article 39 bis for the exercise of the right of jurisdiction that are attributed, the batlles and courts can obtain the personal data of any file or registry public or private , with no other limitations than those that impose respect for fundamental rights and compliance with the limits or exceptions that, for certain cases expressly established by law.
The batlles and courts are responsible for the safekeeping of personal data obtained, which is extensive to other people assigned to the administration of Justice and that have access to the functions that are assigned to it. "
Article 24 adding an article 41 bis is inserted a new article 41 bis to law of Justice, within the chapter I of title III, which is worded in the following terms: "Article 41 bis 1. The judicial proceedings are carried out in days and working hours. Are all the working days of the year, with the exception of the days referred to in paragraph 2. Are working hours to carry out procedural actions from nine in the morning until seven in the evening, unless the law you have otherwise.
2. Are non-working day of the month of August and are included among the twenty-four of December and January of each year the six Court, inclusive. They are also non-working days on Sundays, Saturdays and national holidays, and all the holidays for work, according to the schedule set each year by the Government.
3. The non-working days and hours can be equipped for the practice of provisional measures or executori, and notification. The deadline for appeal commences the day after the first next working day.
4. All the days and times of the year are living space, without the need for special rating, for the instruction and execution of sentences in criminal processes. "
Article 25 Amendment 42 article modifies the article 42 of the law of Justice, which is worded in the following terms: "Article 42 1. Deadlines are always from the day after the notification or publication of the event what it is.
2. Unless expressly stated otherwise, the terms are determined in days, and holidays are excluded from the calculation.
The deadlines set in the criminal process they are in calendar days. However, the terms to bring resources in criminal processes are calculated in working days and non-working days are excluded from the calculation, notwithstanding that you can preview the resource are non-working days.
3. The terms determined in months or in years are counted from date to date. If the month of expiration there one day equivalent to the start of the calculation, the deadline is the end of the first day of the following month.
4. If the last day of the period is a holiday, the deadline is the end of the first following working day. "
Article 26 Amendment of article 43 article 43 of the modified law of Justice, which is worded in the following terms: "Article 43 the schedule of work of the Council and of the courts, and judicial offices and secretaries is set by the Superior Council of Justice.
The working hours mentioned can never be less than the time established for the general administration, and has been adapted in any case to ensure the proper functioning of the administration of Justice and the due provision of the service, by means of the staff enough for this purpose. "
Article 27

Amendment 45 article modifies the article 45 of the law of Justice, which is worded in the following terms: "Article 45 for the purposes of the provisions of the previous article, which disturb the view of a judgment, a court or other judicial act, giving ostensible signs of approval or disapproval, lacking the respect and consideration due to the courts, magistrates, public prosecutors , lawyers and court clerks, must be booked at the ceremony by the president of the Court or the Mayor and pushed out of the room if you don't obey the first warning, notwithstanding that they may also impose a fine of a maximum amount of euros and 750 of the criminal responsibility in that they can incur. "
Article 28 Amendment of article 46 article 46 of the law modifies the qualified justice, which is worded in the following terms: "Article 46 When the facts of which deal with the previous articles could constitute a crime, the perpetrators can be arrested on the spot and made available to the competent Mayor."
Article 29 adding an article 46 bis is inserted a new article 46 bis to law of Justice, within the chapter I of title III, which is worded in the following terms: "Article 46 bis 1. The acts of procedural communication is carried out by means of the computer service of procedural communication that allows the sending and the reception of the writings and documents with the full guarantee of the authenticity of the communication and its contents, and also the time of the sending and the reception of integrity. Procedural communication is carried out by other means established by law when it is not able to use electronic communication.
2. The public prosecutor's Office, lawyers, solicitors and other cooperators of the administration of justice must have full access to the computer service of procedural communication to carry out the functions that are assigned to it by law.
3. When the recipients of the non-communication of the public prosecutor, lawyers, solicitors and other cooperators of the administration of Justice, procedural communication is carried out by other means established by law.
4. The High Council of Justice to ensure the registration and the access of users to the computer service of procedural communication and ensure its correct functioning and maintenance. "
Article 30 Amendment of article 47 article 47 is modified of law of Justice, which is worded in the following terms: "Article 47 the Batllia of Andorra is the jurisdiction of the first instance and instruction in the fields of civil, administrative, and criminal courts in the terms established by law. The Batllia of Andorra is composed of mayors in a number not less than twelve (12), and its president. The president of the Court of Batlles is both the president of the Council. In case of absence or inability, the replace the Mayor with more seniority in the post, and so on, and under two mayors with the same seniority, the replaces the older Mayor. "
Article 31 Amendment of article 48 article 48 of the law modifies the qualified justice, which is worded in the following terms: "the Court of Batlles collegially and the batlles in single-composition, in accordance with the provisions of this law and other laws, are competent to judge in the first instance all processes, with the exception of criminal processes that are the competence of the Court of Corts.
The batlles instruct individual criminal processes, without prejudice to the right of the president of the Council, in exceptional cases, to appoint for one or more motivated magistrates with support functions in the instruction of a process attributed to the mayor who has corresponded to turn.
The magistrates also played in single-composition the voluntary jurisdiction.
The Mayor of watch is competent to Transact and settle in the first instance the procedures set out in articles 9.3 and 41.1 of the Constitution.
Except in cases expressly established by law, magistrates can not delegate the functions that are attributed to it; in any case, the delegation mentioned cannot cover ever jurisdictional functions.
The batlles and courts have also the function of inspection of the Civil Registry and the other functions that are attributed to the law, in guarantee of any rights. "
Article 32 modified article 49 article 49 of the law modifies the qualified justice, the first section of which was modified by the law of the jurisdiction of minors, of 22 April 1999, and is worded in the following terms: "Article 49 1. The Court of Batlles, as a member of the Court, is divided into three sections: Civil, administrative and minors. Each section, in meeting, is composed of three magistrates.
The debates are secret and the decisions are adopted by a majority. The wording of the sentence or of the agreement belongs to the Mayor West.
2. In civil matters, the minimum amount or less than that in accordance with the laws is substancien by an abbreviated procedure, are tried by a single judge.
All other processes of indeterminate amounts or the amount of which exceeds the maximum set by quantum laws to be substanciïn by the abbreviated procedure, are judged by the Court of Batlles.
3. in the administrative processes related to the litigation of social security are tried by a single judge. All other processes are judged by the Court of Batlles.
4. With regard to minors, the processes are tried by a single judge or by the Court of magistrates in accordance with the provisions of the laws.
5. Without prejudice to the provisions of paragraph 1 of this article, the batlles attached instruction sections are competent, in accordance with the established by law, to judge by the Ordinance and the criminal contravencions criminal offences, major crimes, and to run criminal ordinances that have dictated. "
Article 33 Amendment of article 50 modifies article 50 of the law of Justice, the second paragraph of which was modified by the law of the jurisdiction of minors, of 22 April 1999, and is worded in the following terms: "Article 50

1. The president of the Court of Batlles, as responsible for the organisation and smooth operation of the Batllia of Andorra, adopt appropriate measures for this purpose, and also to ensure the continuity of their tasks. Also assumes the representation of the institutions.
2. The Bailiwick is structured in Civil, administrative and sections of minor, and instruction in two sections, one of which is competent to hear criminal offences: a) relating to genetics and human reproduction.
b) Against the freedom of movement of people.
c) relating to prostitution.
d) Against the socio-economic order, with the exception of the crime of fraudulent use of credit card and of offences against the social security system.
e) against collective security, with the exception of offences of possession and illegal port of arms and against the security of the traffic.
f) relating to the illegal traffic of toxic drugs that have indicated a prison sentence the minimum limit that is greater than six months.
g) Against the Constitution.
h) Against the public order.
and) Against the peace and independence of the Principality.
j) Against the public function, with the exception of crimes of illegal marriage and attacks civil servants and usurpation of public functions.
k) relating to the laundering of money or securities.
l) relative to the falsity of currency and ringing effects.
m) Against the international community.
n) Committed in the form of organized crime.
The same section is competent with regard to the international legal cooperation resulting from the offences referred above.
3. At the start of the judicial year by the president of the Council established, in accordance with their respective appointments agreed by the High Council of Justice, the main assignment and wholly owned subsidiary of the magistrates of the Civil, administrative and sections of minor, and also decides with regard to the functions of magistrates of the two sections of instruction and, if necessary, to substitute Mayor or reinforcement under the terms provided in paragraph 4.
The president takes decisions in this area, after having heard the other magistrates, in order to ensure a sufficient length of the functions entrusted to the latter and to promote a fair distribution of tasks.
4. The High Council of Justice can create spaces in the Batllia tentatively to meet the low of magistrates from occurring and to strengthen judicial offices that require it. The replacement and reinforcement of the same consideration as other squares of the Bailiwick.
5. The Higher Council of Justice can appoint magistrates replacements to cover temporarily vacant, in the terms of article 66 c does. "
Article 34 modified article 51 article 51 of the law modifies the qualified justice, which is worded in the following terms: "Article 51 1. When a vacancy occurs in the Council, the president of the Court of magistrates, with the approval of the High Council of Justice, and, if this is the case, assigned to this order: between magistrates in active service, including mayors coming from a place where it has reinstated a batlle in a situation of forced leave, in accordance with article 68 c , section 3; among the mayors who come from the situation of abandonment, if not had assigned square, in accordance with article 68 c, paragraph 5; among the magistrates in voluntary leave who have applied for re-entry, in accordance with article 68 c, paragraph 4, and among the members of the public prosecutor in active service. In the latter case, the Superior Council of justice must make the cessation and the corresponding appointment. In the case of concurrent requests of equal preference, will resolve the assignment according to criteria of antiquity and of specialized training.
2. If there are vacancies that are not covered by the procedure established in the above paragraph, the president of the Court of magistrates he communicated to the Superior Council of Justice to call a contest opposition to cover them. "
Article 35 Amendment of article 52 article 52 of the law modifies the qualified justice, which is worded in the following terms: "Article 52 1. The Court of Corts, either in single-ended either in composition member of three magistrates, in accordance with the provisions of this law and other laws, it is competent to judge, in the first instance, the major and minor offences and the criminal contravencions, and also to carry out the execution of its judgments and other decisions.
The major and minor offences are tried in composition member and the criminal contravencions are judged in a single composition.
2. Likewise, solves for single-person appeals against the decisions of magistrates handed down in instruction and susceptible of appeal, without prejudice to the provisions of article 24 in fine, 26.5 and 52 of the law of the jurisdiction of minors.
3. Also serves, through its president, the functions of prison surveillance jurisdiction and of application of the penalties. "
Amendment 36 Article 53 article 53 article is modified of the qualified law of Justice, which is worded in the following terms: "Article 53 1. The Court of Corts is composed of a president and a set of judges at a number not less than four (4). In case of absence or inability of the president, replaces the judge with the most seniority in the post, and so on, and under two judges with the same old, replaces the older magistrate.
2. The Higher Council of Justice can create squares at the Court of Corts to provisionally replace the low of magistrates from occurring and to reinforce the Court if your load requires it. The replacement and reinforcement of the same consideration as other seats of the Court. "
Article 37 Modification of article 54 modifies the article 54 of the law of Justice, which is worded in the following terms: "Article 54 1. The president of the Court of Corts is responsible for its organization and its proper functioning.
2. The deliberations of the Court of Corts are secret. The decisions are adopted by a single judge or so Member by majority vote.

3. On the proposal of the president of the Court of Corts, the Superior Council of Justice may appoint substitute judges, in accordance with article 66 quater, to reinforce the jurisdiction or allow the formation of the Court in case of existence of incompatibilities, recusacions or excuses of any of the members.
4. When a vacancy occurs in the Tribunal de Corts, president of the Court, with the approval of the High Council of Justice, and, if this is the case, assigned to this order: between magistrates in active service, including the magistrates assigned to the Court coming to a place where it has reinstated a judge in a situation of forced leave in accordance with article 68 c, paragraph 3; among the judges coming from the position of suspension, if you did not have assigned square, in accordance with article 68 c, paragraph 5, and between magistrates in voluntary leave who have applied for re-entry, in accordance with article 68, paragraph 4 quater. In the case of concurrent requests of equal preference, will resolve the assignment according to criteria of antiquity and of specialized training.
If there are vacancies that are not covered by the procedure established in the above paragraph, the president of the Court of Corts so communicated to the Superior Council of Justice to call a contest to cover them. "
Article 38 Amendment of article 55 modifies the article 55 of the law of Justice, which is worded in the following terms: "Article 55 in application of articles 53.3 and 74 of the Constitution, and saved the case of flagrant crime, the plenary of the Court of Corts is competent to arrange the arrest and prosecution of the members of the General Council , of the Audit Office and the Government if they are held liable criminally for the duration of his term. The instruction of the previous steps or the summary corresponds to a magistrate of the Court of Corts.
The apply the procedure laid down in article 78. "
Article 39 Amendment 56 article modifies the article 56 of the law of Justice, which is worded in the following terms: "Article 56 1. The Higher Court of Andorra is the highest instance of the judicial organization of the Principality.
2. It is competent to judge all appeals against judgments handed down in first instance by the Batllia of Andorra in civil and administrative matters with the limits set by the law, and in criminal matters, by the Batllia of Andorra and the Court of Corts, and also to solve the resources formulated against decisions handed down by the magistrates's Court in execution of the Penal regulations.
Also has the competence to examine in accordance with the laws of procedure review resources brought against their own resolutions, and to solve the trials of review in cases that established in article 19 bis. "
Article 40 Amendment 57 article modifies the article 57 of the law of Justice, which is worded in the following terms: "Article 57 The upper court of Andorra is composed of a president and a set of judges at a number not less than five (5). In case of absence or inability of the president, replaces the judge with the most seniority in the post, and so on, and under two judges with the same old, replaces the older magistrate. "
Article 41 Amendment 58 article modifies the article 58 of the law of Justice, which is worded in the following terms: "Article 58 1. The Court is, under the authority of its president, in three rooms:-a competent civil processes.
-a competent criminal processes.
-a competent administrative processes.
2. Each of the halls, in meet, is made up of three judges, without prejudice to the possibility that magistrates are attached to two rooms. The president of the High Court is both president of one of the three rooms. The presidents of the other two rooms are appointed by the Superior Council of Justice on the terms established in article 33.3.
3. The deliberations of the High Court are secret. The sentences that are uttered ultimately are adopted by a majority of votes.
4. The High Council of Justice can create places in the High Court to provisionally replace the low of magistrates that occur, and to strengthen the halls that require it. The replacement and reinforcement of the same consideration as other seats of the Court.
5. At the proposal of the president of the High Court, the Superior Council of Justice may appoint substitute judges, in accordance with article 66 quater, to reinforce the jurisdiction or allow the formation of the Court in case of existence of incompatibilities, recusacions or excuses of any of the members.
6. When a vacancy occurs on the Supreme Court, the president of the Court, with the approval of the High Council of Justice, and, if this is the case, assigned to this order: between magistrates in active service, including the magistrates assigned to the Court coming to a place where it has reinstated a judge in a situation of forced leave, in accordance with article 68 c , section 3; among the judges coming from the position of suspension, if you did not have assigned square, in accordance with article 68 c, paragraph 5; and among the judges on a voluntary leave of absence who have applied for re-entry, in accordance with article 68, paragraph 4 quater. In the case of concurrent requests of equal preference, will resolve the assignment according to criteria of antiquity and of specialized training.
If there are vacancies that are not covered by the procedure established in the above paragraph, the president of the upper Tribunal informs the Superior Council of Justice to call a contest to cover them. "
Article 42 Amendment of article 62 article 62 is modified of the qualified law of Justice, which is worded in the following terms: "Article 62 of the criminal court order has special character. Unable to raise conflicts of competence to the organs of the court order, but between magistrates and courts that belong to the order of jurisdiction. These conflicts are solved definitively passed by the Criminal Chamber of the High Court. "
Article 43 amendment of the heading of chapter I of title V

Modifies the heading of chapter I of title V of the law of Justice, which is worded in the following terms: "chapter. Judicial "Article 44 adding an article 64 bis is inserted a new article 64 bis to law of Justice, in the first chapter of title V, which is worded in the following terms:" Article 64 bis 1. The judicial career includes the categories of Mayor and magistrate. The magistrates are intended for the Council, and the Magistrates Court or courts in the High Court.
2. Within the category of batlle is set three degrees. The entry into the category of batlle is produced by first grade. The promotion to the second degree occurs after having completed at least one term in the category and have conducted training activities that determine or recognize the Superior Council of Justice. The promotion to the third grade occurs after having completed at least two mandates in the second degree and having done the training activities that determine or recognize the Superior Council of Justice.
To access the second and third grades is necessary a favourable assessment of the exercise of the function of the High Council of Justice, in accordance with the report submitted to the magistrates, and the fulfillment of judicial activity modules and continuing education that established in article 68 ter. To this effect, the High Council of Justice may request the opinion of the president of the Council and of the people who think convenient.
3. Within the category of judge establish two degrees. The entry into the category of a magistrate is produced by first grade. The promotion to the higher grade occurs after having completed at least one term in the category and have conducted training activities that determine or recognize the Superior Council of Justice.
To access the higher degree is required a favourable assessment of the exercise of the function of the High Council of Justice, in accordance with the report submitted the magistrates, and the fulfillment of judicial activity modules and continuing education which article 68 ter. To this effect, the High Council of Justice may request the opinion of the president of the Court and of the people who think convenient.
4. Promoting the degrees second, third or higher is not possible if the mayor or magistrate has been sanctioned by the Committee disciplinàriament of two offences or a serious or very serious, as long as the sanctions imposed are not prescribed and have not been cancelled ex officio the annotations, in accordance with article 85.3. "
5. The change of degree does not imply necessarily the destination change judicial. "
Article 45 Amendment of article 66 article 66 of the law modifies the qualified justice, which is worded in the following terms: "Article 66 1. Access to the judicial career is governed by the principles of technical aptitude, merits and equality among all the andorrans who meet the General conditions established in this law. The selection process responds to the principles of objectivity, transparency and advertising.
2. Access to the judicial career is reserved to the Andorran national. However, in application of the second transitional provision of the Constitution, may be appointed magistrates people of Spanish and French nationality when the site cannot cover in equal merit, by the Andorran national.
The magistrates of Andorran nationality may not represent more than half of the total members of the Court in which it is integrated. The Superior Council of Justice may modify this ratio up to two-thirds of foreign magistrates if there are candidates of Andorran nationality with the required conditions or with sufficient merits.
3. Access to the judicial career requires: a) 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.
b) Be in full possession of the civil and political rights. In the case of national non-andorrans, the estate is understood to have referred to their countries of origin.
c) not being convicted of intentional crimes, or careless conduct linked to the exercise of public functions or jurisdiction, while not been produced the cancellation of criminal records.
d) may not be prosecuted or inculpado credit for crimes of intentional, reckless or linked to the exercise of public functions or jurisdiction, while not been produced the acquittal or has not been subsequently discontinued the cause.
e) not be incurs in the causes of incompatibility that regulates article 69.
f physical or psychological disabilities that have Not incapacitin) for the exercise of jurisdictional function. "
Article 46 adding an article 66 bis is inserted a new article 66 bis to law of Justice, in the first chapter of title V, which is worded in the following terms: "Article 66 bis 1. When a vacancy occurs or is created of the Mayor, after applying the procedure laid down in article 51.1, and without prejudice to the provisions of the second paragraph of section 5 of this article, the Superior Council of Justice Announces a contest opposition to cover it.
2. During the contest will value the merits indicated in the curriculum provided by the people allowed in the selection process, according to the points system that makes public the Superior Council of Justice on the basis of the call for proposals. In this scale should be considered academic training, the courses, the professional experience, publications, presentations, lectures given, the knowledge of languages and other merits, including the exercise as a law clerk, who consider the High Council of Justice, giving to each merit a reasonable weighting.
3. In the phase of opposition students perform at least three tests: a theoretical on the subject published by the Superior Council of Justice on the basis of the call for proposals; a practical, in which it is proposed the resolution of two cases, in legal areas indicated in the conditions of the call, and a third of languages, which consists in the translation of two or more texts of legal content. 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.

4. The Court is composed of five members and is presided over by the president of the High Council of Justice or a member in whom he may delegate this function. Form part of another Member of the High Council of Justice and three more members appointed by the High Council of justice among the magistrates of the Court of Corts and of the Superior Court, the Attorney general of the State, and university professors and other legal professionals with a minimum of fifteen years of experience.
5. The same court valued the two phases of the selection process and makes public the list of the persons who have obtained the highest score in tests, in number equal to all the places that you have to cover.
The people who have passed successfully the theoretical tests, practice and languages, and that have not been selected may be declared by the High Council of Justice in a situation of backup, in the event that the selected people give up or be excluded before being named as magistrates, or to fill a vacancy or a new creation of batlle in the maximum period of one year from the reservation statement.
6. The selection process includes a test to verify that there is no/psycho impediments that incapacitin for the exercise of the jurisdictional function. 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 in the lists that are made public on the results of the selection process.
7. The end of the selection process, the people who have passed must follow the complementary and specific training that determines the High Council of Justice, in the terms indicated in the rules of the call, for a minimum period of one year, which can be reduced to six months if the person has worked as a law clerk or lawyer for at least three years. This period includes placements in judicial bodies. During this period, candidates are considered the batlles in practices and receive a remuneration, but not part of the judicial career.
8. the Higher Council of justice must issue a report of assessment of magistrates in training at the end of the training period. If the report is positive, the Board appoints the batlles in practices as magistrates and are intended for a place in the Bailiwick. In case of negative report the person affected is excluded and loses its status as mayor in practice. "
Article 47 adding a article 66 article 66 introduces a new ter ter is in the law of Justice, in the first chapter of title V, which is worded in the following terms: "Article 66 ter 1. The entry into the category of a magistrate comes through a promotional contest between the magistrates and prosecutors or an open contest among jurists of recognized technical competence.
2. When a vacancy occurs or is created of the magistrate, after applying the procedure laid down in articles 54.4 or 58.6, the Superior Council of Justice Announces a contest to cover it. Of every four seats, three of them are covered by a promotional contest between magistrates and prosecutors and through an open contest among jurists.
In the event that in one of the turns is a deserted place, it calls for another turn. The following steps are summoned by the turn that corresponds according to the rate established in the previous paragraph.
3. The Higher Council of Justice acts as the selection Committee and may request the external technical advice it considers necessary.
4. Can participate in the competition for promotion to judge the magistrates and members of the public prosecutor's Office with a minimum of two mandates met.
The Superior Council of Justice assesses the merits of the candidates according to the schedule posted in the program, which includes the academic background, experience in the exercise of jurisdictional positions, external professional experience, attendance at courses and judicial training programmes, teaching, publications, presentations, and lectures in the legal field, the knowledge of languages and other merits that the Board deems appropriate , giving to each merit a reasonable weighting. To this end, the candidates have, along with your resume, a report on the activity taxation or developed so far, in accordance with the structure determined by the Board.
The Superior Council of Justice keeps a interview with the candidates. The basis of the call for applications indicates the issues that will be dealt with and their weighting in the global assessment of the candidates.
The Superior Council of Justice may declare the contest. In this case, it proceeds in accordance with the second paragraph of section 2.
5. Can participate in the open tender of Jurists the court clerks, lawyers and other graduates in the field of law that have been effectively professions of legal character for at least fifteen years, if the square belongs to the Court of Corts, or twenty years if the place belongs to the upper Tribunal.
The Superior Council of Justice assesses the merits of the candidates according to the schedule posted in the event, which includes knowledge of Andorran law, the academic background, professional experience, teaching, publications, presentations, lectures in the legal field, the knowledge of languages and other merits that the Board deems appropriate, granting to each merit a reasonable weighting.
The contest rules establish the carrying out of an interview with the candidates, and the issues that they address and their weighting in the global assessment of the candidates.
In case of equal merit between candidates, they have the preference of Andorran nationality.
The Superior Council of Justice may declare the contest. In this case, it proceeds in accordance with the second paragraph of section 2. "
Article 48.
(Declared not in accordance with the Constitution by the Constitutional Court's Sentence of 17 October 2014, due 2014-1-DP).
Article 49 modification of the wording of the second chapter of title V modifies the wording of the second chapter of title V of the law of Justice, which is worded in the following terms: "second chapter. Rights and obligations "Article 50 Amendment of article 68

Modifies the article 68 of the law of Justice, which is worded in the following terms: "Article 68 1. The batlles and magistrates are constant in the position to get to the end of the period for which they have been appointed; by his resignation, which must be communicated with at least six months in advance; for separation of the disciplinary charge; for the imposition of capital punishment, the main or complementary, opt for the exercise of public office; to incur any grounds of incompatibility or disability, and retirement.
2. The retirement age operates automatically when the batlles and magistrates to seventy years. However, if you meet this age the mayor or magistrate has not yet completed the mandate, the Superior Council of Justice can agree, if you request the mayor or magistrate, to continue in Office until the end of the mandate, and at most until you reach the age of seventy-five years.
The batlles and magistrates can apply for voluntary retirement on reaching sixty-five years.
Apply to the batlles and magistrates the general scheme of the public function in terms of retirement, with the specialties of this law.
3. The Higher Council of Justice agrees to the renewal of the mandate of the batlles and magistrates, unless the person concerned to present the waiver, which must communicate with at least six months in advance, or you've been doomed criminally by the Commission of a crime, without prejudice to the responsibilities that may arise.
The Superior Council of Justice can agree on the non-renewal of the mandate of the batlles and magistrates if the person concerned has been sanctioned by the Committee disciplinàriament of two serious offences or a very serious with no separation of charge, as long as the sanctions imposed are not prescribed and have not been cancelled ex officio the notes in accordance with article 85.3 without prejudice to the responsibilities that may arise.
The agreement not to renew the mandate taken by grounded decision, with prior audience granted to the person concerned. Against the decision of the Higher Council of Justice can lodge an appeal to the Full Court. "
51 article adding an article 68 bis is inserted a new article 68 bis to the law of righteousness, in the second chapter of title V, which is worded in the following terms: "Article 68 bis the batlles and magistrates are entitled to: a) Be defended in the event of attack or threat to their independence.
b initial and permanent training).
c) have decent working conditions for the fulfillment of its functions.
d) Associate freely to defend their professional interests, in that bodies of political parties and their economic organizations or socio-professional.
e) Perceive a sufficient remuneration, in accordance with its responsibility, and in accordance with what has the corresponding law.
f) enjoy twenty-five working days of paid vacation each year, or the proportional amount corresponding to the time worked, when it is lower.
g) have professional liability coverage, as long as this responsibility is not the result of actions by which have been criminally punished or disciplinàriament.
h) Be defended in open processes as a result of actions carried out in the exercise of their functions and in the face of threats and attacks on their person or their wealth for the development of its functions. "
Article 52 adding a article 68 ter is inserted a new article 68 ter to the law of righteousness, in the second chapter of title V, which is worded in the following terms: "Article 68 ter every two years to have his appointment and, in any case, six months before completing the mandate that allows the promotion to second degrees , third or higher, the batlles and magistrates presented to the Superior Council of Justice, a report, with the format determined by the High Council of Justice, the judicial activity that have developed and the issues that remain outstanding.
The Superior Council of Justice should establish judicial activity modules, adapted to the characteristics of each organ and jurisdiction, as well as a standard of continuing education activities that have made the batlles and magistrates during his tenure. "
Article 53 adding an article 68 quater is inserted a new article 68 c does to the law of righteousness, in the second chapter of title V, which is worded in the following terms: "Article 68 c 1. The batlles and magistrates are in one of the following situations: in Active Service).
b) forced leave.
c) unpaid leave.
d) suspension of features.
e) retirement.
2. The batlles and magistrates are in a situation of active service when they are in possession of a court square, including substitution and reinforcement, or when they have been attached to a square in replacement.
3. The batlles and magistrates are in a situation of forced leave when they have been appointed to any of the following positions: a) Judge of the Constitutional Court.
b) judge or judge of the European Court of human rights or of any other international legal body.
c) Attorney General.
d) Ombudsman.
e) head of the Financial Intelligence Unit.
f) head of the Andorran Agency of data protection.
The Superior Council of Justice can declare in a situation of forced leave the batlles and magistrates to be appointed to other positions related to the administration of Justice, or which could contribute to improve it, taking into account the needs of the service.
Once dismissed from Office that originated the forced, or at the end of the exercise of this Office, the batlles and magistrates declared in this situation have the right to rejoin within a maximum period of fifteen days in the square who were to be appointed for the position mentioned, as long as that request prior to its termination or completion of the charge and in any case, within a maximum period of two months from the date of dismissal or termination referred. If you do not request reinstatement in this period, cause in the judicial career. The reinstatement occurs by the time that rest of his injunction with the maintenance of the rights that corresponded.

The mayor or magistrate who, in his case, occupied the place, if not did it for replacement, is attached to the Council or to the Court, as the president assigns the functions that must be carried out. You can apply for a place when a vacancy occurs in the terms established by article 51.1, 54.4 or 58.6, as required.
The batlles and magistrates in a situation of forced leave do not receive remuneration as members of the judicial career.
4. The batlles and magistrates can be declared on a voluntary leave of absence by the Superior Council of Justice by reason of further studies or for scientific research, of the birth of a child, adoption of a child, or foster care of a child, or to care for a family member, in the terms established by the rules of the Superior Council of Justice.
The batlles and magistrates in a situation of unpaid leave does not receive remuneration as members of the judicial career.
The batlles and magistrates in a situation of unpaid leave can apply for re-entry to the judicial career before the end of the period of unpaid leave has been granted and, in any case, within a maximum period of fifteen days of completion. If you do not request reinstatement in this period, cause in the judicial career. The reinstatement occurs by the time that rest of his injunction with the maintenance of the rights that corresponded.
If you file for re-entry, they have to apply for a vacancy in the terms established by article 51.1, 54.4 or 58.6, as required. Until you have obtained, are attached to the Council or the appropriate Court and the president assigned the duties they have to perform.
5. The batlles and magistrates are in a situation of abandonment when the High Council of Justice has imposed a penalty or have imposed a penalty that would lead to suspension of features, by the time determined by the sanction or penalty.
During the situation of suspension, the batlles and magistrates do not perceive any compensation as members of the judicial and not exercise any function within the administration of Justice.
The mayor or magistrate suspended may request to be reinstated to the judicial organ where he was assigned before the end of the period of suspension and, in any case, within a maximum period of fifteen days of completion referred. If you do not ask for the reimbursement in this period, due to low in the judicial career.
If you have not been assigned to another judge or magistrate, the president of the judicial organ rather the mayor or magistrate sanctioned in the Plaza that occupied or, consulted the members of the governing body, be resolved by assigning a place different from the one that was at the time that he be punished. If the square has been assigned to another judge or magistrate, is attached to the Council or the appropriate Court and the president assigns the functions that must be carried out. The mayor or magistrate who is in this situation must apply for all vacancies which occur to be attached to a square, in the terms established by article 51.1, 54.4 or 58.6, as required.
6. The batlles and magistrates are in a situation of forced or voluntary retirement when they agreed to the Higher Council of Justice for having fulfilled the requirements established by law or by having reached the maximum age that fixes the article 68.
7. The batlles and magistrates are entitled to apply for and, if necessary, get paid and unpaid, paid proportionally permissions, granted by the Superior Council of Justice in accordance with the needs of the service. The High Council of Justice has to regulate the cases which give rise to these permissions and their salary effects, adapted to the judicial career, the rules of the public in this matter.
In particular, the batlles and magistrates are entitled to apply for and obtain a permit not rewarding a year for every two mandates met.
8. the time spent on unpaid leave and permissions do not cut the duration of the injunction. During these periods, the batlles and magistrates are fully subject to the incompatibilities regime established in this law. "
Article 69 Amendment 54 article modifies the article 69 of the law of Justice, which is worded in the following terms: "Article 69 1. The position of Mayor and judge is incompatible with any other public office, both elective and appointment, with any commercial, industrial or professional activity, with the exercise of the legal profession and all other form of legal advice and, in general, with positions or functions of any type in companies or business companies, both public and private.
2. Are exempt the activities relating to: a) the management of the heritage itself.
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.
The teaching activities and other activities that involve continuous dedication for more than six months require the authorisation of the Superior Council of Justice.
3. The incompatibilities established in the previous sections extend to Andorra and any foreign territory.
4. The magistrates who do not have the Andorran nationality must notify the Superior Council of Justice, prior to his inauguration and as long as there is a circumstance, coping with the public office and to exercise their professional activities, business, labour and business abroad. The Council can declare the compatibility of such activities, as long as they consider that it does not interfere with their jurisdictional functions in Andorra or not the condition. The exercise of this function is not in any case compatible with the exercise of the legal profession and the legal advice as a professional activity usual.
If the Council does not state the compatibility, the affected person may not take up the post of magistrate or incurs because of termination. "
55 article adding an article 69 bis is inserted a new article 69 bis to the law of righteousness, in the third chapter of title V, which is worded in the following terms: "Article 69 bis

People who have served as mayors or magistrates may not intervene as lawyers in the processes that have been known in the exercise of their jurisdictional functions.
Neither can defend as lawyers in the persons, natural or legal, who have been a part in the process that they have known in the last year of the exercise of their jurisdictional function, during the six months following cessation. "
Article 56 Amendment of article 73 article 73 of the law modifies the qualified justice, which is worded in the following terms: "Article 73 the batlles and magistrates have to abstain, and if they don't, they can be objected to, in the following cases: a) have a relationship or a situation of fact equivalent, or kinship by blood , affinity or adoption up to the fourth degree, with any of the parties, their lawyers or the representative of the public prosecutor's Office.
b) Being or having been a tutor, lawyer or solicitor of any of the parties.
c) or have been denounced, accused or defendant by any of the parties or their lawyers, unless the complaint, accusation or demand has not been accepted or has been rejected due to a lack of evident Foundation.
d) have or have had any legal relationship, professional, commercial or economic affairs with any of the parties or their lawyers.
e) Have pending litigation with any of the parties or their lawyers.
f) Have a friendship or enmity with any of the parties or their lawyers.
g) Have direct interest in the subject-matter of the dispute.
h) Be the superior of one of the parties in dispute.
I) have had knowledge of the process previously in a court or a different instance. "
Article 57 article 75 Modification modifies the article 75 of the law of Justice, which is worded in the following terms: "Article 75 the president of the Court of which the judge or magistrate who has decided to abstain should be informed of the reasons for abstention said. The High Court resolves on the recusacions when these have not been accepted by the Council or the Court of Corts. If the challenge is addressed to a judge of the Superior Court, is resolved by a section of three members of which cannot join the person recusada. "
Article 58 Modification of paragraphs 2 and 4 of article 78 modifying paragraphs 2 and 4 of article 78 of the law of Justice, which are produced in the following terms: "2. The arrest and processing are the competence of the plenary of the Court of Corts, and instruction of the previous steps or the summary corresponds to a magistrate of the Court of Corts.
(…)
4. Agreed the processing of a mayor or magistrate for an alleged wilful, reckless or linked to the exercise of its functions, it comes automatically to the temporary suspension of the jurisdictional functions exercised, by agreement of the Superior Council of Justice. "
Article 59 modified the article 82 article 82 of the law modifies the qualified justice, which is worded in the following terms: "Article 82 1. The faults committed by the batlles and magistrates in the exercise of the Office will qualify in minor, serious and very serious.
2. The offences prescribed in any of three months; the grave, at the end of six months, and the very serious, in any one year, counting from the date of the Commission or from the moment in which you've had to have knowledge. The prescription is interrupted at the start of the procedure. "
Article 60 article 83 Amendment modifies the article 83 of the law of Justice, which is worded in the following terms: "Article 83 Are very serious offences: a) The infringement of the incompatibilities laid down in this law.
b) the actions or omissions that involve civil liability, in accordance with article 76.
c) inexcusable ignorance of laws and procedures.
d) The interference, through actions of any type, in the exercise of jurisdictional functions of another mayor or magistrate.
e) lack the truth on the application for permits, compatibilities, and other benefits.
f) abuse of the position of mayor or magistrate to obtain favourable treatment in front of the public administration or the public institutions and parapúblics.
g) The low performance derived from the lack of compliance with non-justified of the modules of activity or lack of achievement justified not of the minimum continuing education activities that established in article 68 ter, when failure to comply or do not achieve layered below the 60 percent of the minimum set.
h.) the Commission of a serious, when the mayor or magistrate has been sanctioned previously by two other serious offences, without having been cancelled the corresponding annotations. "
Article 61 Amendment of article 84 modifies the article 84 of the law of Justice, which is worded in the following terms: "Article 84 Are serious offences: a) The repeated and unjustified inassistència in views, judgements or practices of tests that have been set.
b) unjustified delay in the initiation or processing of judicial processes.
c) the hindrance of the inspection functions of the Superior Council of Justice.
d) the revelation to third parties of facts and information obtained in the exercise of the jurisdictional function.
e) infringement of the prohibitions and obligations established in this law, they do not constitute minor offences or very serious.
f) The low performance derived from the lack of compliance with non-justified of the modules of activity or lack of achievement justified not of the minimum continuing education activities that established in article 68 ter, when the breach of or non-achievement is more than 60 percent of the minimum set.
g) the Commission of a mild, when the mayor or magistrate has been sanctioned previously for two other offences, without having been cancelled the corresponding annotations.
h) The lack of respect for the citizens, the other mayors or magistrates, members of the public prosecutor, the lawyers, the attorneys, the staff of the administration of Justice or to other agents and public officials, in the exercise of jurisdictional functions, when special revisit gravity. "
62 article adding an article 84 bis is inserted a new article 84 bis to the law of righteousness, in the sixth chapter of title V, which is worded in the following terms: "Article 84 bis Are offences:

a) lack of respect for the citizens, the other mayors or magistrates, members of the public prosecutor, the lawyers, the attorneys, the staff of the administration of Justice or to other agents and public officials, in the exercise of jurisdictional functions, when they revisit special gravity.
b) unjustified non-compliance with the deadlines for the resolutions. "
Article 63 Amendment of article 85 modifies the article 85 of the law of Justice, which is worded in the following terms: "Article 85 1. The sanctions that may be imposed in the batlles and magistrates for the faults committed in the exercise of their functions are written warning, fine of a maximum amount of twelve thousand euros, suspension of the charge until a year and a separation of charge.
2. The offences will be penalize with a written warning and/or fine of up to 600 euros; the serious offences, with suspension from Office for a period not exceeding six months and/or a fine of six hundred to six thousand euros, and the very serious offences, with suspension from Office for a period not exceeding one year or separation of charge, and/or fine of six thousand to twelve thousand euros.
3. The penalties prescribed, and will cancel ex officio the annotations, once after two years for minor offences, four years for serious offences, and six years for very serious offences, to be counted from the date of the imposition.
4. The cancellation involves the removal of all the background, except in the case of the sanction of separation of charge. "
Article 64 Amendment of article 87 article 87 is modified of the qualified law of Justice, which is worded in the following terms: "Article 87 the final resolution adopted by the Superior Council of justice must be motivated and can appeal against before the Full Court."
Article 65 Amendment of article 99 article 99 of the law modifies the qualified justice, which is worded in the following terms: "Article 99 in order to guarantee the right to defence and to the assistance of a lawyer that recognizes in article 10.2 of the Constitution, should be appoint a lawyer at the person who requests, and also in the criminal process to the person you designate. The defense and the literacy assistance should be free and in charge of the general budget of the State for the people who so request and prove an unfavourable economic situation or of insolvency, declared by the mayor or the competent court.
The Government has to establish the regulations the requirements and the conditions for obtaining the benefit of the defense and free literacy assistance. "
Article 66 Amendment 100 article modifies the article 100 of the law of Justice, which is worded in the following terms: "Article 100 to act in front of magistrates and the courts in the terms provided for by this law and by other laws that apply, lawyers must be obligatorily registered as members of the exercents Association of Lawyers of Andorra , unless you act in defense of the General Council, of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, or of the organs that depend on it, without prejudice to the foresee the law that regulates the exercise of the legal profession. "
Article 67 Modification of article 101 article 101 of the law modifies the qualified justice, which is worded in the following terms: "Article 101 the defense in court, in front of any jurisdiction, the rights and interests of the General Council, of the Government, of Commons or of the Caixa Andorrana de Seguretat Social, or of the organs that depend on it, it is up to the lawyers attached to its legal offices , notwithstanding that they may hire the services of other lawyers in certain cases. "
First transitional provision the High Council of justice must recognize the second degree to the magistrates and prosecutors attached at the time of the entry into force of this law shall be in his second term, and the third to magistrates and prosecutors who are deputies in his tenure fourth or higher. Equally, it must recognize the degree to the magistrates that are in your second mandate or higher.
Second transitional provision the proportion of Andorran not magistrates that established in article 45 does not apply refund until the year 2023.
Third transitional provision the procedures for supplying vacancies of batlles, magistrates and prosecutors attached to articles 34, 37, 41, 46, 47 and the first final provision, are applicable to the vacancies that will occur on the basis of a year of the entry into force of this law.
Fourth transitional provision the presidents appointed the Court of Batlles, the Court of Corts and of the Superior Court, and the Attorney general appointed on the date of entry into force of this law, they may continue in Office until the end of his term of mayor or magistrate, or until the end of the period of six years for which they have been appointed , and can also opt to be renewed in the respective positions of presidents or attorney general for, at most, a second term or period of six years.
The procedure for the appointment of presidents of the High Court established by article 14 is applicable as of the end of the annual charge and the rotating presidents appointed to this Office on the date of the entry into force of this law.
The position of Vice President of the Court of Corts remains to end the mandate of the Vice President, who is appointed to this position at the time of the entry into force of this law.
Fifth transitional provision the magistrates who have been retired on reaching seventy years and who do not have complete seventy-five at the time of the entry into force of this law may apply to the Superior Council of Justice on appointment as magistrates Emeritus, in the terms established in article 48.
The Superior Council of Justice can arrange the batlles and magistrates who have been retired on reaching seventy years in the six months prior to the entry into force of this law may go back to the place that occupied, as long as this place has not been definitely cover Meanwhile, at most until the end of the mandate interrupted.
Sixth transitional provision

People who have served as mayors, magistrates or prosecutors and deputies at the time of the entry into force of this law shall be kept in a situation of forced leave, may request the Higher Council of justice the report in this situation with the effects that article 53.
Seventh transitional provision in the case that the higher education degree has been obtained prior to December 31, 2015, is sufficient to access the judicial career 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.
Eighth transitory provision While not effectively implement the computer service of procedural communication established in article 29, and until you create and for the public record of legal operators, communication electronic data procedural acts and resolutions will have to be made by other means established by law.
Ninth transitional provision criminal processes that are instrueixin to the criminal offences referred to in article 33 of this law and who have attributed the magistrates attached to the instruction Section remain attributed or credited back by the turn which corresponds, according to the case, the magistrates attached to each of the new sections of instruction, from the entry into force of article 33 mentioned.
Tenth transitional provision The Single Court of the Mayor, the Court of magistrates and the courts remain competent to apply, solve, and in your case run the penal processes the responsibility for which they have attributed to the date of entry into force of this law.
Repealing provision repealing titles VIII and IX of the law of Justice and additional transitional and final provisions, which in part, with the exception of section 3 of the fifth transitional provision.
First final provision 1. Modifies the article 10 of the law on the public prosecutor's Office, of 12 December 1996, which is worded in the following terms: "Article 10 1. The public prosecutor is constituted by the Attorney general and prosecutors attachments.
2. The Attorney general is appointed by the Superior Council of Justice, at the proposal of the Government, among people who meet the requirements to be magistrates, for a period of six years, renewable once.
3. The attached prosecutors are appointed by the High Council of Justice, by renewable six years, at the proposal of the Government, among people who meet the requirements to be a mayor, by the opposition that established in article 66 bis of the law of Justice.
4. Against the appointment of the Attorney general and prosecutors attached can appeal to the Full Court.
5. In taking up the post, members of the public prosecutor's Office provide an oath or promise to the same way they do the batlles and magistrates.
6. The members of the public prosecutor's Office are constant the post to get to the end of the period for which they have been appointed; by his resignation, which must be communicated with at least six months in advance; for separation of the disciplinary charge; for the imposition of capital punishment, the main or complementary, opt for the exercise of public office; to incur any grounds of incompatibility or disability, and retirement.
7. The Higher Council of Justice agrees to the renewal of the mandate of the attached tax, unless the person concerned to present the waiver, which must communicate with at least six months in advance, or you've been doomed criminally by the Commission of a crime, without prejudice to the responsibilities that may arise.
The Superior Council of Justice can agree on the non-renewal of the mandate of the attached tax if the person concerned has been sanctioned by the Committee disciplinàriament of two serious offences or a very serious with no separation of charge, as long as the sanctions imposed are not prescribed and have not been cancelled ex officio the notes in accordance with article 28.1, without prejudice to the responsibilities that may arise.
The agreement not to renew the mandate taken by grounded decision, with prior audience granted to the person concerned. Against the decision of the Higher Council of Justice can lodge an appeal to the Full Court. "
2. It introduces a new article 10 bis of the law on the public prosecutor's Office, in the third chapter, which is worded in the following terms: "Article 10 bis 1. Establish three degrees of attached tax. Admission to the position of Assistant Prosecutor is produced by first grade. The promotion to the second degree occurs after having completed at least one term in Office and having done the training activities that determine or recognize the Superior Council of Justice, with the approval of the Attorney general. The promotion to the third grade occurs after having completed at least two mandates in the second degree and having done the training activities that determine or recognize the Superior Council of Justice, with the approval of the Attorney general.
To access the second and third grades is necessary a favourable assessment of the exercise of the function of the High Council of Justice and the Attorney-general, in accordance with the report you must submit the attached tax, and the fulfillment of the fiscal activity modules and continuing education established in paragraph 2 of this article. To this effect, the High Council of Justice may request the opinion of the people who think convenient.
The promotion to the second or third degrees is not possible if the Assistant Prosecutor has been sanctioned by the Committee disciplinàriament of two offences or a serious or very serious, as long as the sanctions imposed are not prescribed and have not been cancelled ex officio the annotations, in accordance with article 28.1.
2. Every two years to have his appointment and, in any case, six months before completing the mandate that allows the promotion to second or third degrees, prosecutors presented to the deputies the Superior Council of Justice and the Attorney general a report, with the format determined by the Superior Council of Justice and the Attorney general, about the activity that they have developed and the issues that remain outstanding.

The High Council of Justice, with the approval of the Attorney general, must establish appropriate fiscal activity modules to the characteristics of the public prosecutor's Office, as well as a standard of continuing education activities that have made the attached tax during his tenure.
3. The Higher Council of Justice promotes prosecutors attached to the second and third grades in the conditions that fix the sections 1 and 2 of this article. "
3. Modifies the article 12 of the law on the public prosecutor's Office, of 12 December 1996, which is worded in the following terms: "Article 12 1. The Government establishes by Decree, on the recommendation of the Attorney general, and then request the report required of the High Council of Justice, the number of attached tax needed for the proper functioning of the public prosecutor. You can also provide, at the request of the Attorney general, and the report required by the High Council of Justice, the attribution of responsibilities and/or powers of coordination in one or more of the attached tax, when we advise the proper functioning of the public prosecutor, and to establish the conditions and requirements objectives for the attribution of those responsibilities or powers.
2. The Government also regulated by Decree, after having heard the prosecutor general and the High Council of Justice, the number and level of staff at the service of the public prosecutor. "
4. enter a new article 12 bis in the law of the public prosecutor, of 12 December 1996, in the third chapter, which is worded in the following terms: "Article 12 bis 1. Prosecutors are attached in one of the situations in article 68 quater of the qualified law of Justice.
2. When a vacancy occurs in the public prosecutor's Office, the Attorney general, after consulting the High Council of Justice, offers and, if necessary, assign the place in this order: between the attached tax coming to a place where it has reinstated an Assistant Prosecutor on forced leave. between the attached tax coming from the position of suspension, if you did not have assigned square; between the attached tax on voluntary leave who have applied for re-entry, and among the magistrates in active service. In the case of concurrent requests, it solves the assignment according to criteria of antiquity and of specialized training. The Superior Council of Justice appoints, if applicable, the batlles as a proposal by the Government, prosecutors, deputies and agreed the dismissal in question.
If there are vacancies that are not covered by the procedure established in the above paragraph, the prosecutor general communicated to the Superior Council of Justice to call a contest opposition to cover them. "
5. Modifies article 25 of the law on the public prosecutor's Office, of 12 December 1996, which is worded in the following terms: "Article 25 1. The faults committed by members of the public prosecutor's Office will qualify in minor, serious and very serious.
2. The offences prescribed in any of three months; the grave, at the end of six months, and the very serious, in any one year, counting from the date of the Commission or from the moment in which you've had to have knowledge. The prescription is interrupted at the start of the procedure. "
6. Modifies article 26 of the law on the public prosecutor's Office, of 12 December 1996, which is worded in the following terms: "Article 26 Are very serious offences: a) The infringement of the incompatibilities laid down in this law.
b) the actions or omissions that involve civil responsibility, according to the provisions of article 76 of the law of Justice.
c) inexcusable ignorance of laws and procedures.
d) The interference, through actions of any type, in the exercise of jurisdictional functions of a judge or a magistrate.
e) lack the truth on the application for permits, compatibilities, and other benefits.
f) abuse of the status of a member of the public prosecutor's Office to obtain favourable treatment in front of the public administration or public bodies or parapúblics.
g) The low performance derived from the lack of compliance with non-justified of the modules of activity or lack of accomplishment not justified of the minims of lifelong learning established by article 10 bis, paragraph 2, when the breach or not achieving layered below the 60 percent of the minimum set.
h.) the Commission of a serious, when the Member of the public prosecutor's Office has been sanctioned previously by two other serious offences, without having been cancelled the corresponding annotations. "
7. Modifies the article 27 of the law of the public prosecutor, of 12 December 1996, which is worded in the following terms: "Article 27 Are serious offences: a) the non-attendance unjustified and settled in views, judgements or practices of tests that have been set.
b) failure to comply with the orders or observations received from the Attorney general.
c) revelation to third parties of facts and information obtained in the exercise of the tax function.
d) infringement of the prohibitions and obligations established in this law, they do not constitute minor offences or very serious.
e) on low performance derived from the lack of compliance with non-justified of the modules of activity or lack of accomplishment not justified of the minims of lifelong learning established by article 10 bis, paragraph 2, when the breach of or non-achievement is more than 60 percent of the minimum set.
f) the Commission of a mild, when the Member of the public prosecutor's Office has been sanctioned previously for two other offences, without having been cancelled the corresponding annotations.
g) The lack of respect for the citizens, to mayors or magistrates, to other members of the public prosecutor, the lawyers, the attorneys, the staff of the administration of Justice or to other agents and public officials, in the exercise of the functions of prosecutors, when special revisit gravity. "
8. It introduces a new article 27 bis of the law of the public prosecutor, of 12 December 1996, within the chapter five, which is worded in the following terms: "Article 27 bis Are offences: a) lack of respect for the citizens, to mayors or magistrates, to other members of the public prosecutor, the lawyers, the attorneys, the staff of the administration of Justice or to other agents and public officials , in the exercise of the functions of prosecutors, when they revisit special gravity.
b) unjustified delay in the fulfilment of the tasks and responsibilities of the fiscal function. "

9. Modifies the article 28 of the law on the public prosecutor's Office, of 12 December 1996, which is worded in the following terms: "Article 28 1. The sanctions that may be imposed on members of the public prosecutor's Office for offences committed in the exercise of their functions, and also the conditions of the prescription and the cancellation of these sanctions, are the same that are established by the batlles and magistrates in the article 85 of the law of Justice.
2. Likewise, the apply articles 86 and 87 of the law of Justice. However, in the case of the final resolution adopted by the Superior Council of Justice to referred to in article 87, you can go up against before the Full Court, but may not be part of this full the magistrate appointed and who intervened during the hearing of the disciplinary procedure, in accordance with article 30 of this law. "
Second final provision 1. Modifies the article 42 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, which is worded in the following terms: "Article 42 Against decisions given by the Court of minors can be lodged appeals before the High Court, in the manner expressed in article 54."
2. Modifies the article 53 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, which is worded in the following terms: "Article 53 against resolutions of the Mayor of minors, in which order or deny any provisional measure of personal or economic , or the provisions referred to in article 27, in which it is declared incompetent, decreti the ground the cause, have or can proceed with the substitution of a measure of detention or suspension of the execution of a measure, you can appeal of appeal, to a single effect, which stands in front of the same mayor of minors, within a period of five days following the notification of the resolution.
Once you have received the appeal, will move the cause to the other parts, so that within a period of five days to demonstrate in writing what you deem appropriate. At the end of the term, are the actions in the Superior Court, which accepts or rejects the appeal, and without any further ADO criminal court resolves within a period of five days. Against this resolution cannot lodge an appeal. "
3. Modifies the article 54 of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, which is worded in the following terms: "Article 54 can also be present resource of appeal against decisions issued the Court, unipersonal or member, of minors , which allows you to both effects. The Criminal Chamber of the upper Tribunal resolves in accordance with the provisions set forth in article 199 and following of the criminal procedure code. Against this resolution cannot lodge an appeal.
The resource of appeal suspensive effects with respect to the effects on both its object; However, the child is still in the same situation with regard to the maintenance of personal or economic measures, and the Criminal Chamber of the upper Tribunal may modify at any time this situation at the request of a party or ex officio. In the case of several case criminally in a cause, the appeal of one does not affect the situation of the other, and these others are not considered part of the resource. "
Third final provision 1. Modifies the terms of paragraph 10 of article 33 of the general law of the public finances, of December 19, 1996, which is worded in the following terms: "10. The corresponding payments to the budget allocations of the Constitutional Court, the General Council and of the High Council of Justice is delivered in a firm by quarters, within the first fifteen days of each term natural, to the Presidency of the Court, in the Audit Office and to the Presidency of the Council, respectively, to be deposited into the accounts to designate these bodies. "
2. Modifies the paragraph 1 of article 55 of the general law of the public finances, of December 19, 1996, which is worded in the following terms: "1. Are the Treasury monetary and financial assets of the Constitutional Court, the General Council, the High Council of Justice, of the general administration and of public or parapublic entities."
3. Modifies the paragraph 1 of article 56 of the general law of the public finances, of December 19, 1996, which is worded in the following terms: "1. The organisation of the public Treasury is up to the Government, at the proposal of the Minister responsible for finance. However, the Constitutional Court, the General Council and the High Council of Justice has its own tresoreries, well coordinated with the Ministry responsible for finance. "
The fourth final provision is entrusted to the Superior Council of Justice in the period of one year from the entry into force of this law shall approve the regulations necessary for the implementation of the provisions that are contained in the area of selection and appointment of magistrates, magistrates and batlles and magistrates and magistrates, deputies tax substitute Emeritus, of renewal, promotion and provision of places of magistrates prosecutors, magistrates and attachments, training, licenses, and legal inspection, and for the internal organization of the services that are necessary to comply with this law.
Fifth final provision The High Council of Justice has published the agenda of the opposition for the access to the categories of Mayor and Assistant Prosecutor within a period of six months from the entry into force of this law.
A sixth final provision

The Government, in cooperation with the High Council of Justice, must implement the computer service of procedural communication provided for in article 29 in a maximum period of two years from the entry into force of this law. To this effect, the High Council of Justice and the Government should promote and approve, respectively, the standards required for this implementation. In the same period, the High Council of Justice and the Government should promote and approve, respectively, the necessary regulations for the Organization and functioning of the public register of electronic data of legal operators, which must remain under the control and surveillance of the Superior Council of Justice.
7th final provision within the period of one year from the entry into force of this law, the Government must approve the bill regulating the remuneration and bonus of batlles, magistrates and members of the High Council of Justice, in accordance with articles 3, 11, 46, 48 and 55, and also of the Attorney general and prosecutors attachments.
Eighth-final provision within six months from the entry into force of this law, the Government has approved the regulation which establishes the requirements and the conditions for obtaining the benefit of the defense and free literacy assistance, in accordance with article 65.
Available end ninth 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 consolidated text of the law of Justice, on 3 September 1993; of the law of the public prosecutor, of 12 December 1996; of the law of the jurisdiction of minors, of partial modification of the penal code and the qualified law on Justice of 22 April 1999, and of the general law of public finance, from 19 December 1996, including the changes introduced so far in these four laws.
Tenth final provision This law shall enter into force the day after being published in the official bulletin of the Principality of Andorra, with the exception of articles 31, 32, 33-only with regard to paragraphs 2 and 3 of new article 50 of the law of Justice 42 35-39, and final disposal, and second, that come into force at the end of six months from the publication of this law; and article 19-only with regard to paragraph 9 of the new article 36 of the law of Justice, which comes into force on the same day in what do the budget Law for the year 2015.
Casa de la Vall, July 24 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 have