Law 16/2014, July 24, To Amend The Transitional Law Of Judicial Procedures, Of 21 December 1993

Original Language Title: Llei 16/2014, del 24 de juliol, de modificació de la Llei transitòria de procediments judicials, del 21 de desembre de 1993

Read the untranslated law here: https://www.bopa.ad/bopa/026052/Pagines/lo26052001.aspx

lo26052001 law 16/2014, July 24, to amend the transitional law of judicial procedures, of 21 December 1993, since the General Council in its session of July 24 2014 has approved the following: law 16/2014, July 24, to amend the transitional law of judicial procedures, of December 21, 1993 preamble the transitional law of judicial procedures was approved by the General Council on December 21, 1993, when it had not yet entered into force certain precepts of the law of Justice, passed three months and accounted for before. Indeed, the provisions of procedural nature contained in the legal norma mentioned, by application of paragraph 2 of the second final provision entered into force on 2 January 1994. In accordance with the preamble of the transitional law of judicial proceedings, the purpose of this legal text was to respect the existing procedures, despite the fact that some procedures were imperfect or inharmònics, and also had the objective of deleting outdated institutions and procedural rules and adapt the rest to the provisions of the Constitution and the law of Justice , or create new reporting to comply with these legal regulations.
As indicated by the same name of the text, the transitional law of judicial procedures had, as from the time when he was promoted, vocation of provisionality, until he was drafted and approved a new general law on procedures with scientific and technical criteria, unit, under the terms of the preamble, which also indicated that this task had to be postponed until the next legislature given the magnitude and complexity of the production tecnicojurídica. While it is true that some of the chapters or sections of the law and the articles of the form have been Meanwhile tacitly repealed, such as those which refer to the criminal proceedings or to the rules of societies, of urban leases or litigation in matters of social security, it is no less true that the majority of the chapters, sections and articles remain valid even today , although in recent times have driven legislative initiatives that in the short or medium term should allow for the repeal of parts of the law, such as those dedicated to civil proceedings or insolvency.
However, at the moment it is not anticipated that certain other articles of the transitional law of judicial procedures can be repealed or that, with appropriate modifications, in other legal regulations of new creation. This provision is valid for most of the articles contents from the chapter until the fifteenth and seventeenth chapter, which developed many of the precepts of the law of Justice. The modification of the law of Justice has been produced for contemporary with the aim of setting up a status of magistrates, judges and prosecutors more complete and detailed, and consolidate the legal and fiscal careers; confer new powers in the Government and administration of the judicial organisation; to promote a reform of the powers attributed to the courts in the field of criminal jurisdiction, and to adapt or extend the content of the law in accordance with current needs and the practical experience in aspects of reach a point or more. And the aforementioned review of the qualified law of Justice has made necessary a reform of the transitional law of judicial procedures.
The law on modification of the transitional law of judicial procedures is divided into thirty-one articles, a transitional provision and two final provisions. And although this reform entails the addition, modification or deletion of quite a few precepts, did not want to influence the parties that have nothing to do with the development of the law of Justice, to the effect, for example, to have the express repeal of the chapters, sections or articles that have already been tacitly, as mentioned above. Indeed, the changes approved by the law on modification of the transitional law of judicial procedures are limited to adapt the text to the parallel modification of the law of Justice and, at the same time, reform exclusively implementing articles of the aforementioned Law, since it has been considered more appropriate to reserve the task of omnicomprensiva review of the text for the moment in which you promote one or more laws that involve the full replacement.
In any case, it is the third modification of the transitional law of judicial proceedings, and it is also the one that has a broader scope, as a corollary of the substantial reform that has been carried out of the law of Justice, to which it is closely linked, as has been said. Indeed, the first two amendments, introduced by the law on modification of the transitional law of judicial procedures, of 22 April 1999, and law 9/2005, of 21 February, qualified of the penal code, were only the addition of an article fitted in a new section, to regulate the incident of invalidity of actions, and the modification of three articles in order to adapt them to the new criminal policy.
Several articles of this law are intended to adapt the provisions of the transitional law of judicial procedures to the new cast of competence of criminal courts that enshrines the qualified law on modification of the law of Justice. He has also taken to reform or repeal other articles, sections or chapters to give protection, in accordance with the aforementioned Law, the creation of the two sections of instruction, in the attribution of new skills in the plenary of the Court of Corts and of the High Court, and to the removal of the Deputy Magistrate figures, the Vice-President of the Court of Corts's skill or mayor.
However, it is restored, other articles of the transitional law of judicial procedures that, while developing the precepts of the law of Justice, go beyond the above aspects. In effect, the time elapsed since the entry into force of the transitional law of judicial procedures are advised to do so, in order to specify the writing or adapt it to the current reality, from the perspective of expediting the processing and resolution of the processes, and also to provide them more reassurance when necessary.

As well, changes are incorporated in the regulation of the procedure of habeas corpus and the precepts that follows the principle of publicity of judgments; It simplifies and updates the wording of the articles that determine the nomination of mayors or magistrates to the respective rooms and sections that govern the establishment of corresponding shifts; reforming the system of the substitutions of the magistrates and the regulation of the functions and powers of the Mayor of guard, and they adapt procedural rules relating to the legal and normative framework rogatòries commissions today.
Finally, we have introduced a new chapter and article to fix the applicable procedural rules relating to review trial that falsehood stems of the judgments of the European Court of human rights, which incorporates for the first time the law amending the law of Justice.
Article 1 Amendment of article 8 modifies the article 8 of the transitional law of judicial procedures, which is worded in the following terms: "Article 8 is competent to meet the demand the president of the Court of magistrates or the Mayor that designate the president, without governing in this procedure the shifts and without taking into account the involvement of the Mayor to a section or other , and when it is in performance the Mayor on duty. "
Article 2 amendment to article 11 modifies the article 11 of the transitional law of judicial procedures, which is worded in the following terms: "Article 11 received request, the Mayor provides transfer to the public prosecutor immediately and, without waiting for the report of this, gives the controlling sentence shall cause or ordering the petition and filing activities. If the summons is denegatori must be motivated. Against the sentence you can lodge an appeal within a period of two days before the Tribunal de Corts. The designated judge must resolve within a period of five days with the prior audience granted to the parties. "
Article 3 amendment of the first paragraph of article 13 modifies the first paragraph of article 13 of the transitional law of judicial procedures, which is worded in the following terms: "Article 13 In physical presence of the detainee or his representative, the Mayor heard the verbal allegations and includes or incorporates the statements or writings that might make or to present the detainee or his or her representative , the public prosecutor's Office, the authority, the agent or the official who has ordered or practised the arrest or, in any case, the person under whose custody is the detainee.
(…)”
Article 4 modification of article 28 modifies the article 28 of the transitional law of judicial procedures, which is worded in the following terms: "Article 28 criminal judgments will always rely on public hearing. To ensure effective advertising, access to the halls of justice where you notified the resolutions is open to everyone, without prejudice to the fact that the Court can ask for the adoption of the measures that it considers necessary to ensure the safety of participants and the good order of the session. "
Article 5 Amendment of article 30 modifies the article 30 of the transitional law of judicial procedures, which is worded in the following terms: "Article 30 free access implies the right of the parties to deliver copies without any expenditure that the payment of the fees that will fix legally, according to the first transitional provision of law of Justice.
In addition, the third parties, especially for technical reasons, you can make deliver copies in the same conditions, although the Court may refuse to motivadament the copies or taking the necessary measures in order not to reveal the identity and other details of the victims or of third parties, taking into account the fundamental human right recognized in article 14 of the Constitution, and to safeguard the principle contained in article 13 of the law of Justice.
Against the resolution denegatòria you can go to the Court of justice within thirteen working days. "
Article 6 adding a new chapter seventh and new numbering of the chapters following seventh and 1. A new chapter is added the seventh in the transitional law of judicial procedures, which is worded in the following terms.
"Chapter seven. Development of article 19 bis of the law of Justice. "
2. The seventh, eighth, ninth and tenth of the transitional law of judicial procedures to pass numbers, respectively, chapters eighth, ninth, tenth and eleventh.
Article 7 adding an article 30 bis is added a new article 30 bis, in the new seventh chapter of the transitional law of judicial procedures, which is worded in the following terms: "Article 30 bis 1. Review trial can be promoted within the expiry period of three months from the notification of the final decision of the European Court of human rights, to the natural or legal person from which it has been confirmed the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols as long as they are part of the Andorran legal system, or by their legal representative and, in the event of death, by his heirs, his parents, his children, his spouse or the person with whom he formed a stable Union of a couple.
2. The demand for review is aimed at the High Court and must be motivated; You must attach a copy of the final decision of the European Court of human rights and of the judgment or judgments rendered by the courts in Andorra. The president of the Higher Court designates the competent room depending on the right violated, which cannot join the magistrates who have known earlier in the process.
3. at the request of The competent room part, may suspend the execution of the judgments rendered by ordinary courts and/or adopt provisional measures as it deems appropriate, when appreciate that otherwise may be impossible or difficult to repair the damage caused.
4. The judge appointed as a speaker shifts the demand for review to the other parts of the process, so that within thirteen working days can contribute what they deem appropriate in connection with the demand interposed. After this period, the room dictates no other judgment in what esteem or dismisses for motivated demand for review.

5. If the claim is rejected, declaring the archiving of the proceedings and will condemn the plaintiff to satisfy the court costs incurred only in the case that you're appreciated recklessness in the filing of the trial review. If it is estimated demand, the revoke the sentence or sentences that have led to the violation and, if necessary, agree to the feedback of the actions carried out in the process until the time immediately prior in which the violation occurred, even though pronouncing on court costs incurred in the terms that correspond.
6. The judgment who loves or dismisses the claim review is not susceptible of remedy, but the remedy of amparo before the Constitutional Court.
7. In the event that the decision is estimatòria and once you have gained strength, is communicated to the president of the Court which corresponds to the effect that refer back and turn the knowledge of the process to another judge or judge, or to a court with a different composition, which should dictate judgment again after following, if applicable , the process for the corresponding procedures from the moment in what has been the feedback, without prejudice to the possibility of preserving the acts that are not affected by the violation. "
Article 8 Amendment of article 31 modifies the article 31 of the transitional law of judicial procedures, which is worded in the following terms: "Article 31 at the beginning of each judicial year, the president of the Court of magistrates, after compliance with the procedure established in the second paragraph of article 50.3 of the qualified law of Justice, and in accordance with the provisions of this article , establishes the main nomination and wholly owned subsidiary of the magistrates in each of the sections.
Then, the president of the Court of Batlles establishes the following shifts: a) revolving Shifts of papers in each of the Civil, administrative and sections of minors among the magistrates attached to these sections.
b) revolving Shifts in the instruction of criminal processes among the magistrates assigned to the sections of instruction.
c) revolving Shifts to act on single-composition in civil, administrative and processes of minors among the magistrates attached to these sections.
d) revolving Shifts to ensure the functions of Mayor of duty involving all magistrates. "
Article 9 Amendment of article 32 article 32 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 32 of the knowledge of the processes is attributed to the Mayor, who has to turn, according to the chronological order of check-in. However, the processes known to a mayor acting in feature guard attributed to turn at the same mayor if it is competent by reason of the matter in accordance with its primary affiliation. "
Article 10 Amendment of article 33 of the 33 article modifies the transitional law of judicial procedures, which is worded in the following terms: "Article 33 When a mayor who corresponds to turn knowledge of a process is absent or disabled temporarily, the knowledge of the process is assigned equally, while while the absence or inability of transitory It ensures the processing and resolution substitute the mayor or of strengthening or, in the absence of these, the Mayor next in turn.
In the event that this absence or impossibility to disturb seriously the equitable proceedings, the president of the Court of magistrates be attributed the processing and resolution of new processes from the moment in which took place the absence or impossibility to other magistrates attached to the same section of the batlle absent or disabled.
With regard to the processes already attributed previously to the batlle absent or disabled, the processing and resolution correspond to the mayor or Deputy of reinforcement or, failing these, the next mayor in turn. "
Article 11 Amendment of article 34 article 34 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 34 the attribution of knowledge of the processes, in accordance with the corresponding shifts, is unchanged, except in cases determined by law.
With the exception of the provisions of article 32 and other cases established by law, you cannot modify the lists of shift and also can alter the order in which they must follow in applying these lists.
The modification of the lists of lathes and composition of the sections may not affect the distribution of the processes already attributed, which continue to be known by the same magistrates who have been attributed, saved the case of change of affiliation of a mayor in another section.
The lists of lathes and composition sections, as well as the documents that serve to attribute knowledge of processes to magistrates, in the formation of the sections and the designation of speakers, are public. "
Article 12 Amendment of article 37 article 37 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 37 at the beginning of each judicial year, the president of the Court of Corts establishes separate revolving shifts of papers and to act on single composition between the magistrates assigned to the Tribunal, and also fixes the turn to make sure the functions that attribute the articles 55 and 78.2 of the qualified law of Justice and the presentation of the full.
In the system of shifts govern the rules relating to the Court of Batlles, in that there are applicable.
The magistrates of the Court of Corts who have known a process in degree of appeal cannot form part of the room to judge it. "
Article 13 Amendment of article 38 modifies the article 38 of the transitional law of judicial procedures, which is worded in the following terms: "Article 38 at the beginning of each judicial year by the president of the upper Tribunal establishes the main nomination and wholly owned subsidiary of the magistrates in each of the rooms, after having them heard, in order to ensure a sufficient duration to the functions entrusted to , and also to promote a fair distribution of tasks.
Then, the president of the High Court sets the addresses of each of the rooms and the presentation of the full.
In the system of shifts govern the rules relating to the Court of Batlles, in that there are applicable. "
Article 14 Amendment of article 44

Modifies the article 44 of the transitional law of judicial procedures, which is worded in the following terms: "in accordance with article 18.2 of the qualified law of Justice, you can dictate judgment of viva voice in the minimum amount of procedures. If it makes use of this possibility, the Secretary stands minutes of the stipulations of the ruling, which is delivered to the parties in that same spot. "
Article 15 Amendment of article 52 article 52 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 52 1. The Commission rogatòries that the courts send aliens to court requesting the judicial proceedings of the Andorran in cases other than applicable international Convention, and in the absence of a special law, are governed by the following: a) requests must be received, and once formalised, must be returned through the Ministry in charge of Foreign Affairs.
b) the Ministry of Foreign Affairs responsible for the run to the president of the Court of magistrates, which assigns to turn to magistrates to be executed, if necessary. If the object of the Commission rogatòria has associated with a process is an expert or court bailiff, is relayed, respectively, to the mayor or president of the Court above mentioned. In case of emergency, is relayed to the judge on duty.
c) admissibility requirements are the same as governed in the demands of international criminal cooperation and established the laws of criminal procedure, in that there are applicable.
of) the proceedings that are practiced in compliance with the rogatòries committees are carried out in accordance with the procedural law of Andorra.
2. The commissions that the Andorran courts rogatòries send to foreign courts when applicable not an International Convention, and in the absence of a special law, are sent to the Ministry in charge of Foreign Affairs through the president of the court proceedings. "
Article 16 Deletion of Chapter 11 and repeal of article 53 is deleted the eleventh chapter of the transitional law of judicial procedures and derogates the only article 53 that is part of it.
Article 17 removal of chapter XII, article 54 repeal and new numbering of chapters 1. Deleted the chapter XII of the transitional law of judicial procedures and derogates the only article 54 that is part of it, which was amended by law 9/2005, of 21 February, qualified of the criminal code.
2. The thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth and twenty-first of the transitional law of judicial procedures to pass numbers, respectively, chapters twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, and twentieth.
3. The references to chapters eighteenth and nineteenth that make articles 77 and 78 of the transitional law of judicial procedures are understood made in the seventeenth and eighteenth chapters.
Article 18 Amendment of article 55 modifies the article 55 of the transitional law of judicial procedures, amended in turn by law 9/2005, of 21 February, qualified of the penal code, which is worded in the following terms: "Article 55 The Batlle of guard ensures the continuance in Office during the holidays that fixes the article 41 bis , paragraph 2, of the law of Justice, and during the hours not living space, in accordance with article 41 bis, paragraph 1, of the above-mentioned Law. During the days and working hours also exercises the functions that are attributed to the laws and the other established by the president of the Court of magistrates at the beginning of each judicial year. "
Article 19 Amendment 56 article modifies the article 56 of the transitional law of judicial procedures, which is worded in the following terms: "Article 56 The Batlle of the guard knows the actions and processes that are the responsibility of the Council and have been processed and resolved during the holidays and the hours not living space, and also of the actions and the processes that have been processed and solved with urgent during the days and hours living space. He also played in all cases other functions attributed to laws. "
Article 20 modification of the article 57 of 57 article modifies the transitional law of judicial procedures, which is worded in the following terms: "without prejudice to Article 57, in accordance with the provisions of article 56, the Mayor of the guard has to meet a performance or a process that has been previously attributed to turn to another mayor, it is up to the latter to continue knowing this action or process in case you are in a position to do so."
Article 21 Amendment of article 58 article 58 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 58 at the end of the performance of duty, the Mayor of the guard relayed to the Mayor that has previously attributed to turn knowledge or, otherwise, to the president of the Court of magistrates, in order to attribute knowledge If appropriate, the Mayor, who has to turn.
The mayor who has acted to turn of duty continues knowing later of the performances and the processes that may be attributed to another turn; of the processes that regulates the second chapter; in the event that article 32, and also in other cases established by law. "
Article 22 Repeal of article 59 article 59 is hereby repealed from the transitional law of judicial procedures.
Article 23 amendment of the wording of the fourteenth chapter modifies the wording of the fourteenth chapter, which happens to number as Chapter 13 in accordance with article 17.2 of this law, and is worded in the following terms: "Chapter 13. Development of the articles 52 to 55 of the law of Justice. The Court of Corts "Article 24 Modification of article 60 modifies the article 60 of the transitional law of judicial procedures, which is worded in the following terms:" Article 60 the president of the Court of Corts fixes the dates of the sessions and distributes the pending processes trying to balance the views.
According to the needs of the service, the distributed processes, the availability of the magistrates, the incompatibilities, the recusacions and the legal excuses, the president made up every three months the various room formations involved in the course of each session. "
Article 25

Amendment 61 article modifies the article 61 of the transitional law of judicial procedures, which is worded in the following terms: "Article 61 When the president of the Court of Corts does not participate in the training room, secured the Presidency the judge with the most seniority in the post, and so on, and under two judges with the same old , secured the Presidency the older magistrate. "
Article 26 Amendment of article 63 article 63 is modified from the transitional law of judicial procedures, which is worded in the following terms: "The plenary of the Committee meets as often as is summoned by the president or when I ask two of the members to deliberate about the Organization, the inner workings and the administrative aspects of the Court. In these deliberations the resolutions are adopted by a majority of the attendees and the president n extends acta, which is signed by all the judges. These agreements are not binding for the president. "
Amendment 64 article 27 article modifies the article 64 of the transitional law of judicial procedures, which happens to fit within the new chapter 13, in accordance with the provisions of article 17.2 of this law, in accordance with the provisions of article 28 of this law, and is worded in the following terms: "Article 64 Is the competence of the plenary of the Court of Corts agreed to the arrest and prosecution of the persons referred to in articles 55 and 78.2 of the Law of Justice, in cases that are determined. "
Article 28 suppression of the first section of the chapter fifteenth and new numbering of sections 1. I delete the first section of the chapter fifteenth of the transitional law of judicial procedures, which has gone in number as the fourteenth chapter in accordance with article 17.2 of this law, and the only article 64 that in part has been modified and fitted into the new chapter 13, in accordance with article 27 of this law.
2. The second, third, fourth, fifth, sixth and seventh of the new chapter fourteen of the transitional law of judicial procedures to pass numbers, respectively, sections first, second, third, fourth, fifth and sixth.
Article 29 Amendment of article 66 article 66 is modified from the transitional law of judicial procedures, which is worded in the following terms: "Article 66 Is the competence of the plenary of the Supreme Court to resolve the processes or resources set out in articles 10, 63, 75 and 78.3 of the qualified law of Justice, the appeals against the resolutions or resolutions of the Superior Council of Justice that fix the articles 31 , 68.3 and 87 of the law of Justice and articles 10.4, 10.7 and 28.2 of the law of the public prosecutor's Office, and all the resources established by the laws, ordinary or extraordinary, that may be lodged against the decisions of the same Court. In the latter case, the magistrates who have dictated the decision under appeal before the Full can not join. "
Article 30 Amendment of article 69 modifies the article 69 of the transitional law of judicial procedures, which is worded in the following terms: "Article 69 In public hearings and oral views before the High Court, the Court of Corts and the Court of Batlles, magistrates, the magistrates, representatives of the public prosecutor and the lawyers must dress up toga."
Article 31 Amendment 100 article modifies the article 100 of the transitional law of judicial procedures, which is worded in the following terms: "Article 100 The unfavorable economic situation or of insolvency to the effect to be appointed a lawyer to defend and support free literacy is declared by resolution dictated by the mayor or the speaker of the Court of magistrates who knows the process, or , if necessary, by the Mayor, who has to turn, which may order ex officio the practice of testing designed to clear the economic situation of the applicant. The mayor or the speaker of the Court of magistrates may not admit the application when you claim that you want to make and for which I request the Declaration of the unfavorable economic situation or of insolvency is manifestly lacking Foundation. "
Review trial transitional provision that regulates in article 7 can be promoted as a result of the final decisions of the European Court of human rights that constatin the violation of a right recognized in the Convention for the safeguarding of human rights and fundamental freedoms and/or in one of its additional protocols, as long as they are part of the Andorran legal system , relapses from the entry into force of this law.
First final provision is entrusted to the Government that a maximum period of three months from the entry into force of this law published in the official bulletin of the Principality of Andorra on the consolidated text of the transitional law of judicial procedures, of 21 December 1993, to include the changes introduced so far in this law.
Second 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 8, 12 and 22, which will enter into force after six months of the publication of this law.
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.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra