Law 2/2011, 2 February, special procedures relating to the recognition and enforcement of decisions in matters of compensatory pensions, civil effects of international abduction of minors, and for the custody of minors since the General Council in its session of February 2nd, 2011 has approved the following: law 2/February 2, 2011 of special procedures relating to the recognition and enforcement of decisions in matters of compensatory pensions, civil effects of international abduction of children, and child custody reason current procedural routes in the Principality to carry out the execution of foreign judgements with civil effects in Andorra are the transitional law of judicial procedures, of 21 December 1993 , and the qualified law on justice, on 3 December 1993.
The adoption by Andorra to three international agreements in the field of private international law – the Convention on the recognition and enforcement of decisions relating to the compensatory pensions, done at the Hague on 2 October 1973; the Convention on the civil aspects of international child abduction, done at the Hague on 25 October 1980 and the European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children, done at Luxembourg on 20 May 1980-requires the existence of a rule that allows, with more efficiency and speed , recognition and execution of judicial decisions, and administrative related matters in relapse.
This completes the Act via simplified and accelerated procedure in force and a procedure for recognising foreign decisions on these matters especially sensitive, that require an agile, quick and efficient legal and administrative performance.
Since no one would understand that foreign decisions could have a procedure of execution more abbreviated than the decisions relapses in the internal area in the other matters considered, this law of special procedures relating to compensatory pensions also applies to the procedure of execution of internal decisions handed down in this area.
Apart from having an internal regulations that enable the recognition and enforcement of decisions in the areas provided for quickly and effectively, the Convention on the civil aspects of international child abduction and the European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children urge States parties to designate a central authority responsible for fulfilling the obligations of the agreements.
Internal scale, corresponds to the competent Ministry of interior to assume the functions of the central authority described in both international instruments. Following the example of other States, the lawyers attached to the Legal Department of the Government are in charge of the central authority of the Andorran and who have started an action to justice when the central authority has not been able to get through their own means the recognition and enforcement of foreign decisions.
However, these agreements do not prevent any person, institution or body it deems that you have violated a judicial decision or administrative speak directly to the judicial authorities of the Contracting State.
Therefore, this law establishes a special procedure that applies to any person or body to make recognize and/or execute decisions in the fields provided, whether previously has been directed to a central authority to run the foreign decision as if you haven't done so, and also to any person or body to make a decision "in some of the areas considered.
The law contains the provisions necessary to make effective the agreements. In the case of agreements that we occupy, judicial and administrative decisions do not require an analysis of the Fund but the recognition and implementation. For this purpose, the law sets short procedures to give immediate response to the specific situation. Have been taken as a starting point the procedures established in articles 15 and 16 of the transitional law of judicial procedures on the procedure provided for in article 41.1 of the Constitution. The latter article notes an urgent preferential procedure and for the rights and freedoms recognized in the third and fourth chapters of the title II of our Magna Carta. In cases of international abduction, this relationship is more evident because there is, first, an alleged attack against freedom, physical and moral integrity and the safety of the child, the fundamental rights enshrined in title II of the Constitution.
The first chapter deals with the implementation and recognition of an administrative or judicial decision on compensatory pensions.
The second chapter establishes a series of provisions that specify certain aspects of the Convention on the civil aspects of international child abduction and the European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children.
In both chapters, it determines which is the competent judicial body and what is the procedure to be followed, bearing in mind that the areas of agreements are in all emergencies.
Finally, to avoid possible delaying maneuvers on the part of the debtor which could put in danger the utility of the procedure and of international instruments, the law imposes on the debtor of a compensatory obligation to consign to the Batllia (or guarantee by introducing a bank guarantee) the amount owed before you lodge an appeal before the Superior Court of Justice. This prerequisite of admissibility of the appeal must be understood in the context of civil procedures that aim to the recognition of resolutions that are in phase of execution, that is, when the right to effective judicial protection has already been recognised in the procedure followed before the foreign legal authorities.
Chapter first. Provisions relating to the agreement on the recognition and enforcement of decisions relating to the compensatory pensions and in the execution of internal decisions on the subject Article 1 judicial authority competent to execute and to recognize foreign decisions the competent authority to know about running or the recognition of a foreign decision concerning a compensatory is the Mayor, depending on the corresponding ordinary lathe.
Procedure for the recognition of foreign decisions and execution of foreign decisions and internal 1. When the Mayor receives a demand, moved immediately to the person indebted and convenes, within a period of six (6) calendar days, the parties involved. After listening to and practicing the proposed tests and decided to trade, you can dictate if you love fit according to the urgency of the case, resolution of viva voice.
2. For cases of sentences handed down of viva voice follow the procedure provided for in article 44 of the transitional law of judicial procedures. In any case, the deadline for the end of the procedure may not exceed thirty (30) calendar days.
Article 3 Refusal of recognition or enforcement of a foreign decision the Mayor can refuse the recognition or execution of the administrative or judicial decision on the grounds set out in article 5 of the Convention on the recognition and enforcement of decisions relating to the compensatory pensions done at the Hague on 2 October 1973.
Article 4 Appeals against the decision 1. Against the decision handed down by the Mayor can appeal to an effect in front of the High Court of Justice. The president of the court appoints competent and room, ears of the parties, and if this is the case set the tests, the resolve within thirty (30) calendar days.
2. As a prerequisite of admissibility of the appeal, the person indebted to the alimony must consign the amount owed to the Batllia or must submit a bank guarantee to this amount.
Second chapter. Provisions relating to the agreement on the civil aspects of international child abduction and the European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children Article 5 competent authority the competent judicial authority to find out about a demand for return of a child who has been the subject of a displacement or illicit retention or on the recognition and enforcement of decisions in matters of child custody is the Mayor of guard. In the case of recognition and enforcement of decisions relating to custody, the judge may decide to shorten the procedure described in the following articles, as long as they respect the principles of effective supervision and contradiction.
Article 6 individual, legal entity or body that can promote the procedure 1. Can promote the proceedings before the judge the person, the institution or the agency that has custody of the minor and the right attributed the central authority in charge of the Andorran fulfilment of the obligations imposed by the agreements, and on behalf of the latter, the lawyers attached to the legal department.
2. The actions are practiced with the public prosecutor's Office and the interested parties may act under the supervision of a lawyer.
3. The procedure has a special character and it has to be done within a period of twenty (20) calendar days, from the date on which the refund is requested before the batlle of the minor, the recognition or enforcement of a decision relating to custody of a minor.
Article 7 provisional measures to urge the Mayor Standing, is ex officio, at the request of those who promote the procedure, personally or through his representative, or at the request of the public prosecutor's Office, you can adopt the provisional measure of custody of the child in this law and any other measure that it deems appropriate for the safeguarding of the rights of the child.
Article 8 Summons to appear who has abducted or retained the child Promoted the file via the application, which must be accompanied by the documentation required by the relevant agreement, the Mayor will issue, within a period of twenty-four (24) hours, resolution in which it urged the person who has abducted or retained the child in a period not exceeding two (2) calendar days appears with the minor and State if you go to restore it, or if there are opposes to have any of the reasons set out in the agreements.
Article 9 appearance of who has abducted or retained the child 1. If the person who has abducted or retained the child appears and leads to the voluntary return of the child, is acta and the Mayor sort, by the completion of the sentence, and the delivery of the child to the person, to the institution or to the holder of the right of custody, and if applicable the costs and expenses that are coming from.
2. If in the event the interested party is opposed to the return of the child based on the reasons set out in the relevant agreement, the opposition has been conducted by the following procedure: in the same Act of hearing, the Mayor cited the interested parties, the public prosecutor and, whenever possible, and separately, the shortest for presenting what they deem appropriate and , if necessary, will practice the tests proposed or that the Mayor deemed appropriate within a period of seven (7) calendar days, may be extended up to two (2) calendar days more.
3. After the hearing and, if applicable, after practicing the relevant tests, the Mayor gives aute within two (2) calendar days, and resolved in the interest of the minor, and in the terms provided for in the agreement, and if it is coming or not coming from restoring it.
Article 10 effects of the non-appearance 1. Required if the person fails to appear, the Mayor goes on trial on rebellion, hear the interested parties, the public prosecutor and, whenever possible, and separately, the minor, and sort the precautionary and provisional measures it deems appropriate with respect to the minor.
2. The batlle resolves to sentence within two (2) calendar days following the date of the non-appearance if it is coming from or is not coming from the return, taking into account the higher interest of the child and the principles of the corresponding agreement.
Article 11 resource of Appeal Against this sentence can be lodged appeals before the Court of Justice, to a single effect, unless the Court deems appropriate to admit to two effects. The appeal must be resolved within a period of ten (10) calendar days.
Article 12 Legal Expenses the expenses arising from the participation of a lawyer or legal proceedings the plaintiff assumes but if proves insufficient financial resources and can receive the benefit of free justice, or if the judge imposes the costs to the defendant.
In all matters not provided in this law, shall apply mutatis mutandis to the provisions set out in the civil procedural regulations and, in accordance with the specific nature of these agreements, the Mayor may establish, if necessary, shorter deadlines.
Final provision this law shall enter into force on the same day to be published in the official bulletin of the Principality of Andorra.
Casa de la Vall, Josep Dallerès Codina 2 February 2011 Syndic General Us the co-princes to the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra