Law 90/2010, from 16 December, volunteers from Andorra since the General Council in its session of December 16, 2010 has approved the following: law 90/2010, from 16 December, volunteers from Andorra preamble chapter. General provisions Chapter second. The third Chapter volunteers. Volunteer organizations and their relationships with the fourth Chapter volunteers. The recipients of the voluntary action chapter five. Relations between the Administration and the volunteer organizations Chapter six. The promotion of volunteering Chapter seven. The eighth Chapter volunteer participation. Legal system additional Provisions transitional provisions repealing provision final Disposicións preamble The solidarity, altruism and social commitment have been a constant virtue in the history of mankind. In the last decades has gained special significance the struggle of voluntary movements for freedom, equality and the improvement of living conditions. These civic values, the associations and the volunteers have a long tradition in Andorra.
Are volunteers who made a voluntary civic or social services provision, without financial compensation, within the framework of a stable, democratic and non-profit entity that involves a commitment to action in favour of the society and the person. Is the Union of efforts between the volunteers and the organisations which set up the volunteers of the society.
The motivations of volunteers can be several, some with a clear will to transform reality, other more based on the relational character, or even the personal realization, but all of them valid and respectable. The motivations are not static and the voluntary action allows you to cultivate a constellation of positive values that are not depleted in the same action but are significant in the life of the people.
Volunteering is a series of challenges that are essential with a view to positively face the future. Are challenges such as the information society and new technologies of communication, globalization, the strengthening of democracy and social cohesion, the new emerging social needs, the new frames of relationship between the social sector, public and private, the sustainability and environmental quality, equity and social justice, the promotion of the common good, the new organizational culture , the role of community values, the promotion of the coexistence of cultures, immigration, new forms of volunteering among others.
This law aims to position the movement of volunteers to tackle these challenges and materialize them into opportunities for society and for each of its areas of activity, and to promote the participation of citizens in the framework of the volunteering and on issues of general interest, in an explicit recognition of the right of citizens to get involved and participate responsibly in civic life as one of the fundamental pillars of Andorran society and one of the elementary principles of democracy.
It is necessary to give a new boost to volunteering to explore new ways and encourage the participation of people from the new forms of relationship and the promotion of new figures. And it is necessary to raise awareness and create a favorable climate in the public opinion and the public, economic and social agents on the importance of volunteerism and the need to promote the improvement and growth. In order to achieve these objectives, the present Law creates the Andorran Committee of volunteers, as a body for the promotion, assessment and consultation in the field of volunteering for the public administration and for all citizens.
Likewise, with the aim of promoting volunteerism and to promote citizen participation, without prejudice to the necessary autonomy of the institutions of volunteerism, this law creates a legal framework of rights and duties of the volunteers, volunteer organizations, recipients and public administrations, and recognizes the possibilities of participation and consultation in the volunteer organizations in administrative decisions that affect them. All this within a framework of coordination and collaboration between the entities of volunteering and public administrations.
The rights and obligations enshrined in the law are inspired by the established generically in the European social Charter and the recommendations of the Council of Europe and the European Parliament on volunteering, as well as in the universal declaration on volunteering and the European Charter for volunteers proposed by Volonteurope, which will provide more legal certainty to both the volunteers and the public and private volunteer organizations of the Principality of Andorra.
Chapter first. General provisions Article 1 Purpose the purpose of this law is to: 1. improve the efficiency of the activity of the volunteers, as well as to encourage and promote the participation of citizens in volunteer activities, through public or private non-profit entities.
2. Regulate the relationships that can be established between the public administrations, the organizations that carry out volunteer activities, the volunteers and recipients of voluntary action.
Article 2 scope of application 1. This law is applicable to the volunteers, and volunteer entities with public and private office or delegation of the Principality of Andorra, which develop their activity both in the national and international level.
2. When the public authorities or private entities flagged the need for intervention of the volunteers, they may request the collaboration of non-profit entities. This case should never go against the liability of public authorities in the provision of quality public services to the citizens of the country.
Article 3 the concept of volunteer work 1. For the purposes of this law is meant by volunteering in activities of general interest developed by individuals, as long as they are carried out in the following conditions: a) that have a continuous character, responsible and solidary altruistic.
b) That its realization is free and autonomous, without having its origin in a personal obligation or a legal duty.
c) That will develop through public or private non-profit organizations, registered in the appropriate register, and in accordance with specific programs or projects.
d) made outside the scope of an employment relationship, civil service, commercial or any other type of paid relationship.
e) that are carried out without financial remuneration, without prejudice to the right to reimbursement of the expenses produced.
2. Do not have the volunteer consideration, for the purposes of this law, voluntary actions developed apart from sporadic or spontaneous volunteering organisations, or executed for family reasons, of friendship, of solidarity, benevolence or good neighbourhood.
3. The activity of volunteering may not, in any case, replace the paid employment or the provision of services paid professionals.
Article 4 Activities of general interest in the effect of the statement of the previous article, are considered to be of general interest activities which involve a commitment in favour of the company or of the person.
Article 5 principles of action volunteering is based on the following basic principles: a) freedom, solidarity and altruistic and responsible participation of citizens in activities of general interest.
b) collaboration and complementarity between the public administrations and the organizations dedicated to volunteering.
c) the autonomy and independence of public powers.
d) in general, in all those principles which inspire the coexistence in a democratic society, caring, committed, participatory, fair, plural and egalitarian.
Second chapter. Of the volunteers Article 6 concept of voluntary person 1. Has considered the voluntary individual who is committed to developing the volunteer activities in accordance with the terms of article 3.
2. It is necessary to differentiate between the volunteers who are committed to participate regularly in the projects or the functioning of the institution and the collaborators who have some task occasionally.
3. The status of voluntary person is compatible with that of a partner or a member of the same entity. People who develop functions in an organization as professionals or have working relationships, business or other, subject to compensation, they cannot develop the same functions, in any case, as volunteers.
4. The non-emancipated minors and also the people of legal age legally exempted from, can participate in volunteer programs or projects specifically tailored to your personal circumstances, prior express authorisation of their legal representatives.
Article 7 rights of the person Are voluntary rights of the person: a voluntary) Receive on the part of the entity of volunteering the information, training, support and the necessary means for the development of the activity.
b) be treated without any discrimination and with all respect to their condition and their beliefs.
c) have sufficient voluntary accreditation as a person in front of third parties and obtained the certification of its participation in volunteer programs.
d) Collaborate in the elaboration, planning, execution and evaluation of programmes and activities in which to participate according to the rules established by the entity.
e) Have, in charge of the institution, of the insurance policy and the corresponding liability for risks arising from the activities carried out by voluntary as a person and damages by reason of their volunteer activity may suffer in his person as well as that, unintentionally, caused to third parties and their property.
f) Compensate, if requested, of the expenses that can result in voluntary activity, and received by the entity the amount corresponding to the predicted costs, provided that the entity have authorized or approved prior.
g) Agreed freely the conditions of their voluntary action and the commitment of the jointly-defined tasks, the time and the time that you will spend and the responsibilities accepted by everyone.
h) to carry out the activity in the correct conditions of safety and hygiene, depending on its nature and characteristics.
and) give up freely, notice in enough, to its status as a voluntary person.
j) Guarantee the preservation of your privacy and of your private environment, and the protection of your personal data.
k) the other arising from the present Law and the rest of the legal system.
Article 8 duties of the person of the person's duties Are: (a) voluntary voluntary) cooperate in the achievement of the objectives of the program in which it participates for the fulfillment of commitments within the organization volunteer.
b) to carry out the activity for which it has been committed to responsible, good faith and free, actively support to your organization and respect the internal rules of operation.
c) Observe legal safety and hygiene measures and those that are adopted by the organization.
d) reject any economic benefit or material that can be offered by the beneficiary or by third parties by virtue of his performance.
e) Maintain confidentiality, without prejudice to the rights of the person, of the information received and known in the development of its activity, both in terms of the beneficiaries as to the entity.
f) Report the waiver to continue providing services as a volunteer in advance, and to continue the activity until the Organization adopt, as soon as possible, the necessary measures for its replacement in order to avoid serious damages to the volunteer service at the course.
g) respect the rights and beliefs of the beneficiaries or recipients of their voluntary action, as well as the rest of the volunteers.
h) participate in training tasks planned for the Organization, especially those that are necessary to maintain the quality of services provided.
and) use the accreditation and voluntary status only for the purposes that led to their obtaining.
j) Use the resources and the material means placed at the disposal of the voluntary activity, without using them in particular benefit or for purposes other than those assigned to it.
k) in general, to carry out voluntary action in accordance with the principles enshrined in this law and other policies that affect volunteering.
Article 9 accreditation of the person the voluntary certification of the status of voluntary person takes place by means of the certificate issued by the corresponding institution. In the document of proof must include, as a minimum, the personal data and details of the person and the volunteer organization, and the date, the duration and the nature of the benefit.
Third chapter. Volunteer organizations and their relationships with the volunteers Article 10 entity Concept of volunteering
1. volunteer organization is considered, for the purposes of this law, any organization freely constituted to develop the activity defined in article 3.
2. The organization of volunteers must have the form of legally recognised Association or any other legal form that will ensure the achievement of objectives of general interest and of solidarity.
3. The founding act and the statutes of the entity should contain, in the case of associative entity and without prejudice to the provisions of the law of associations, the following information: a) the absence of lucrative purpose.
b) cost and the effectiveness of the associate positions.
c) cost of services provided by the partners in the company.
d) The admission criteria and from the members, their rights and duties, and the disciplinary regime of the entity.
e) the approval of the budget and the annual accounts.
4. volunteer organizations may have salaried staff at your service to carry out the activities which are strictly necessary for its regular operation. This salaried staff has in any case the consideration of volunteer of the organization.
Article 11 incorporating the volunteers 1. The incorporation of the volunteers to the entities must be formalised in writing, you must set the altruistic nature of the relationship and must contain, as a minimum: a) the rights and duties that, in accordance with the present law, corresponding to both parties.
b) the contents of the functions and the activities to which they are committed, in addition to the time of dedication planned.
c) the training required for the development of the activities assigned to it and, if appropriate, its procedure and calendar.
d) the duration of the commitment, and the causes and forms of disassociation to both parties.
2. In the case of volunteers under age and not emancipades, and also of the people of legal age, be exempted from signing the agreement or commitment of volunteers must be signed by their legal representatives.
Article 12 obligations of the volunteer organizations 1. The volunteer organizations will require them to: a) to establish an agreement of incorporation of the person to the entity where the record, at least, the rights and duties of the volunteers and of the Organization in respect of them.
b) fulfil the commitments with the volunteers in the agreement to join the organisation.
c) give to the volunteers of the support and the necessary means for the fulfillment of their tasks.
d) Provide specific training to volunteers, and information and guidance necessary for the exercise of their activities.
e) cover the costs occasioned by the voluntary activity and previously agreed, in accordance with the conditions laid down.
f) subscribe to a policy of insurance and civil liability that guarantees to the volunteers and to the same entity coverage for any damages that the volunteers because of their volunteering activity could suffer in their people, and also by those who, involuntarily caused to third parties and their property.
g) Ensure to the volunteers carrying out the activities in correct conditions of safety and hygiene.
h) Facilitate the participation of the volunteers in the development, design, execution and evaluation of programmes and projects that intervene.
and provide the person a) voluntary accreditation that enables and identifies you in front of third parties for the development of their activity.
j) Issue to the volunteers a certificate that accredits the services provided, in stating the duration and the nature of the activity.
k) keep track of the ups and downs of the volunteer staff.
l) comply with the other obligations arising from this law and those which result from the applicable regulations.
2. volunteer organisations have to register in the register of volunteer organisations in Andorra and in the other records required by the regulations that affect.
Article 13 rights of the volunteer organizations, volunteer organizations have the right to: a) get the respect and recognition for the work they perform.
b) to draw up its own rules of inner workings, which must conform to the provisions of the present law.
c) Select the volunteers in accordance with the nature and the characteristics of the planned activities.
of public administrations) request information and guidance related to their volunteer activity.
e) participate in the procedures of granting incentives and measures to promote voluntary activity.
f) temporarily suspend or terminate the voluntary collaboration of people who violate its commitment to collaboration.
g) propose to the competent public administrations initiatives and interventions deemed appropriate.
h) enjoy the other rights that derived from this law and the rest of the legal system.
The fourth chapter. The recipients of the voluntary action Article 14 concept of voluntary action recipient 1. For the purposes of the provisions of this law, is a recipient of the voluntary action the person or the beneficiary community of activity described in article 3.
2. All persons have the right to benefit from the voluntary action, without discrimination that may exist by reason of birth, race, ethnicity, gender, sexual orientation, religion, disability, opinion or any other condition or personal or social circumstance.
3. In any case, the voluntary action organised to develop under the protection of this law will have to give priority to the actions that respond to the needs of the people and groups with more gaps.
Article 15 the rights of recipients of the voluntary action voluntary action target persons have the following rights: to) Have preserved their dignity and personal and family privacy.
b) benefit from the voluntary action in accordance with programmes that ensure the quality and duration of the proceedings.
c) receive information about the characteristics of programs that affect them and collaborate in their evaluation.
d) request and obtain the replacement of the person assigned that reasons exist voluntary, when justified and provided that permit the circumstances of the entity.
e) Bypass, at any time, of the services of a given program of voluntary action.
Article 16 Duties of the recipients of the voluntary action
The people whom the voluntary action have the following duties: a) Collaborate with the volunteers and to facilitate its work, to the extent that is possible.
b) does not provide the volunteers or volunteer organizations financial compensation or material for its voluntary action.
c) to observe safety and health measures that are adopted and follow the instructions that are established in the execution of the agreed activities.
d) in the case of bypass of the services of a given program of voluntary action, notify in advance in order to avoid damage.
e) others deriving from this law and those who are of the applicable regulations.
Chapter five. Relations between the Administration and volunteer organisations Article 17 Powers of the Government 1. The Government, through the Ministry responsible for volunteerism, exercises, in conjunction with the volunteers, the following powers: to foster an engaged and responsible volunteers), motivating it, accompanying it and increasing its share from the innovation.
b) Convey a positive image of volunteering by considering it as a social reality, while respecting the diversity of forms, associations and organisations where it is framed.
c) Provide the necessary information to citizens interested in volunteering activities.
d) disclose and give publicity to the activities and needs of the volunteer organizations.
e) promote the development of forms of sectoral or general coordination between the entities of volunteering, and between them and the Government of Andorra.
f) to promote and ensure the coordination of activities in its field of competences can be promoted by government departments.
g) Promote research and studies in the area of volunteering.
h) Advising organisations and other public administrations in matters relating to volunteering.
I) Set the guidelines and the minimum requirements for the award of the grants for the promotion of volunteering, to ensure sufficient funding for the volunteer activities of the associative world and promote innovation in fundraising.
j) Establish the criteria for the signing of collaboration agreements for the promotion and the promotion of volunteering.
k) Register the volunteer organizations.
the) monitor and ensure the updating of the register of volunteer organisations in Andorra.
m) to know, value and recognition of volunteering on the part of the public administration.
2. The Minister competent in the matter is reported annually to the General Council and the Andorran Committee of volunteers for the development of the national plan for the promotion of Volunteerism in Andorra. To this end, the competent Minister draws up a report of management where there is figure the execution of the measures to promote volunteering.
Article 18 Powers of Commons corresponds to common, within the scope of its powers and in accordance with the principle of proximity: a) promote volunteering in the parish and encourage citizen participation.
b) Provide the necessary information to citizens interested in volunteering activities.
c) disclose and give publicity to the activities and needs of the volunteer organizations.
d) Facilitate technical and administrative support to the volunteer organizations, if the common features of sufficient resources and personal media and materials.
e) Promote coordination between the various entities of volunteering and support coordination with other competent authorities.
Article 19 register of volunteer organizations of Andorra 1. Creates the registry of volunteer organisations in Andorra, which depends on the register of associations.
2. The register is public and free and has the objective of the registration of the entities that fulfil the requirements established in this law.
3. Registration in the registry is an indispensable condition for access to grants and public subsidies and to be a beneficiary of other measures of development, to make agreements with the Government and to have the ownership of the participation rights recognized in the present law.
4. Have the right to be registered in the register of volunteer organisations in Andorra, the entities that meet the requirements envisaged by the present law.
5. In relation to the processing of the registration, apply supletòriament the regulation provided for in the law of associations.
Article 20 the regulatory Principles of the relations between the public authorities and volunteer entities 1. The relations between the public administrations and the institutions born of the principle of collaboration, complementarity and sharing. In any case, the administrative action safeguard the autonomy of the entity and the initiative of the volunteers.
2. The collaboration between all the public administrations and the volunteer organizations will implements, preferably by means of specific agreements. In these cases, the Government establishes regulations the criteria of priority.
3. The relations between the public authorities and volunteer entities in any case cannot exempt the public authorities of their responsibility for the protection and promotion of human dignity, equality of opportunities and overcoming obstacles that impede the social equality as fundamental rights of the person.
Article 21 non-contractual liability against third parties volunteering organisations respond before third parties for damages caused by action or omission, by the volunteers in the framework of its activity.
Chapter six. The promotion of volunteering Article 22 media promotion of volunteering for public administrations, with the aim of encouraging and facilitating the action of volunteers, should promote, within the scope of its powers and in accordance with budgetary availability, among others, the following actions: a) Put their resources and means available to the entities that have volunteers, especially with regard to training and information gathering.
b) Provide the means aimed at promoting volunteering organized, in general. Should receive special attention the actions you propose the collaboration between organizations, exceeding the sectoral work and developed in a single field, linked to the country.
c) Summon aid programs and subscribe agreements for maintenance, training and action of volunteer organizations registered in the records created by the Government.
d) conducting research, studies and publications addressed to volunteering.
e) to facilitate the services of information, documentation, advice and technical support, as well as the use of space and equipment, to the entities.
f) Organise information campaigns on volunteering and the dissemination of the values of volunteering.
g) Implement media type honorary to publicly acknowledge the volunteer work.
h) to promote, within its possibilities, incentive measures to voluntary work in various fields, through rebates, reductions or other formulas.
I) ensure the presence of the message of volunteerism in the media and the general public knowledge of the work developed by the volunteers and volunteer organizations.
j) to encourage the connection of the entities of volunteering with international organizations.
k) to promote ways to reduce the Labour Conference or in the adaptation of the same Conference to provide volunteer services.
the) to promote a legal framework, labour and tax favourable to the promotion of volunteering.
Article 23 the national plan for the promotion of Volunteers 1. The Government has to prepare the national plan for the promotion of Volunteering as an administrative instrument which determines the criteria for planning and coordination.
2. The plan must contemplate the set of actions developed by public administrations and seek to integrate the activities and initiatives in keeping with the volunteer organizations registered.
3. The plan, approved by the Government with the previous report of the Andorran Committee of volunteers, has a term of four years, period in which must be reviewed and renewed. The plan has set up the following measures: a) analysis of the situation from volunteering in Andorra at the start of the plan.
b) shares of social awareness and promotion of volunteering.
c) research activities and training in the area of volunteering.
d) media support for voluntary action organized, within the budgetary availability.
e) coordination Formula designed to promote collaboration and the exchange of information between the public and private initiative.
f) Other provisions that, in accordance with this law, are considered necessary for the fulfilment of the objectives of the organized voluntary action.
g) Cases that justify its modification and review procedure at the end of his term.
Article 24 Declaration of public utility companies of volunteer work referred to in article 10 may be declared of public utility in the terms provided for in specific legislation and the relevant legal forms.
Chapter seven. The participation of volunteering Article 25 The Andorran Committee of volunteers (CAV) 1. With the object of promoting the participation of society and its organizations in actions of solidarity, the Andorran Committee of volunteers, as an organ of promotion, advice and consultation in the area of volunteering.
2. This Committee has to be assigned to the competent Ministry in the area of volunteering.
Article 26 of the Andorran Committee volunteer Functions Are functions of the Andorran Committee of volunteers: a) to detect and analyze the basic needs of volunteers.
b) Advise and sent to the Government proposals and initiatives in relation to the various fields in which develops the volunteers, as well as to propose criteria that can be considered are as follows in the activity of assistance of volunteer programs.
c) Coordinate and supervise the programme of training of volunteers.
d) Analyze and address in Andorran public authorities proposals for the promotion of volunteering.
e) receive information from monitoring and evaluation that made the Andorran public administration bodies of volunteer programs, as well as the subsidies that are from.
f) issue an annual report on the State of volunteering in Andorra.
g) to promote the participation of social agents in the existing participation related to volunteering.
h) Approve the annual report of the activities.
I) Report to the entities of volunteering to the general regulations that affect them.
j) Offer mediation services for the resolution of conflicts that arise between the volunteers and volunteer organizations, including volunteers from the same institution and between these and the Ministry responsible for volunteerism, designating among its members the people in charge to carry out mediation, in accordance with the eighth chapter.
Article 27 composition of the Andorran Committee of volunteers 1. The Andorran Committee of volunteers (CAV) must be made by the following members: a) the Minister competent in the subject matter or the delegate with rank of Secretary of State or the director of the Department, that exercises the Presidency.
b) a maximum of seven people designated by the volunteer organizations, one for each of the following areas: environmental, cultural, sports, international cooperation, youth, civil and social protection. Of this group elects the Member who assumes the Vice Presidency. Likewise, the volunteer organizations will designate three other substitutes to fill any vacancies.
c) the person who holds the Secretariat, technical representative of the Ministry in charge of volunteering.
d) two people elected representatives of common between the seven Councillors competent in the area of volunteering.
e) a maximum of six volunteers elected democratically among the volunteers who belong to volunteer organizations that are registered in the register of volunteer organisations in Andorra, bearing in mind that it must ensure a pluralistic representation of the various fields of volunteering. At the same time will elect three other substitutes to fill any vacancies.
2. Can attend the meetings of the CAV experts convened specifically by the president when they deal with issues related to specific subjects. These people have voice but no vote.
Article 28 operation of the Andorran Committee of volunteers 1. Two months before the termination of the mandate, the Ministry responsible for volunteering announced the elections to choose the people referred to the letter e) of the preceding article and is in charge of organizing the designation of the members mentioned in the letter b) of the same article.
2. The term of Office of the members of the CAV is two years from the date of publication of the corresponding appointment in the Official Gazette of the Principality of Andorra. Over the mandate, the competent bodies appoint new members within a maximum period of two months.
3. If a member be removed from before his tenure runs out, the vacancy must be covered, in the case of the letters b) and e) of the preceding article by one of the substitutes, and in other cases by the individual replacement that named the competent body.
4. The members of the CAV can be re-elected indefinitely.
5. The CAV will have to meet in ordinary session at least every three months.
6. in addition, it is possible to meet in extraordinary session at the request of the president or of half of the members.
7. The convening of the sessions the president with the means it deems appropriate to ensure the attendance of the members, and it must be made with a minimum of seven business days for ordinary sessions and two working days for extraordinary sessions.
8. The call has to have the agenda of issues that will be covered in the session, the time and place of the meeting and, if necessary, the appropriate documentation for the prior knowledge of the issues. Between the first announcement and the second should spent at least thirty minutes.
9. For the valid adoption of agreements in the first call will require the presence of half plus one of the members, among whom there must be the president or the person replacing it and the Secretary. For the valid adoption of agreements in the second call is the presence of one quarter of members. In the event that in the second call there is present the person acting as Secretary, according to paragraph 1. c) of the article precedent, will act as such what is elected among the assistants to carry out this function.
10. The agreements are adopted by simple majority of those attending. In case of a tie, the vote of the president is ruling.
11. The Secretary up minutes of the sessions, issues certificates of acts and has the book of acts.
Eighth chapter. The legal competence of Andorran courts Article 29 1. Disputes that may arise between the volunteers and volunteer organisations in the framework of the volunteer activities are resolved by the competent jurisdiction.
2. However, the volunteers and volunteer organizations can foster volunteer mediation system established in this law as a procedure for the resolution of disputes arising in the area of volunteering.
Article 30 Of the volunteer mediation by means of this law establishes the procedure of mediation as a voluntary system voluntary, confidential and based on the dialogue for the out-of-court settlement of disputes arising both among the volunteers and volunteer organisations in the framework of the volunteer activities, such as between volunteers from the same entity, and between these and the Ministry responsible for volunteering with the intervention and help of the Andorran Committee of volunteers, in order to avoid the opening of legal processes or the continuation of the already initiated by the parties.
Article 31 inspiring Principles of mediation volunteers volunteer mediation interventions are based on the following principles: a) The freedom and voluntary nature.
c) the confidentiality of the data and information of the mediation process.
d) the impartiality of the person mediator.
e) cooperative and participatory intervention.
f) The good faith of both the parties and the mediator in person.
g) very personal character of the process: in mediation sessions must attend personally both parts as the person mediator.
and) The speed and simplicity.
Article 32 of the mediator 1. The Andorran Committee of volunteers must choose among its members the person assuming the functions of mediator for each request of mediation.
2. In the exercise of its functions, the mediator has the following rights: a) acting with freedom and independence.
b) be respected.
c) receive the information plausible and complete.
d) Give to the mediation when it deems that its continuance will not be useful for the resolution of the conflict or when the parties do not meet their obligations in the framework of the mediation process.
3. In the exercise of its functions, the mediator is subject to the following obligations: a) Act with impartiality.
b) carrying out mediating activity personally.
c) facilitate communication between the parties and promote understanding in order to reach a friendly composition regarding the conflict emerged between them.
d) Exercise the functions of mediation with respect.
e) Act with confidentiality.
f) Write the transactional document or friendly composition by means of which the parties resolve their differences.
g) Declined to intervene when incurs in any of the causes of incompatibility established by the magistrates in the law of Justice.
Article 33 of the matters not subject to mediation Are excluded from the mediation process the following matters: a) the issues on which a firm and final court decision has fallen, but the issues arising from its implementation.
b) the issues on which, in accordance with the law, have to intervene in the public prosecutor's Office in representation and defence of who is lacking in capacity to act or legal representation, and you can't act for yourself.
c) The cases in which it has been produced intoxication, injury, death or there are rational indications of crime.
Article 34 of the rights and duties of the parties of mediation 1. The parties to the mediation have the following rights: to) Start, by common agreement, the mediation process of volunteering as well as cancel them individually.
b) Receive the benefit of the mediation service for free.
c) be treated with consideration and respect.
d) Have guaranteed by the mediator and the Andorran Committee volunteers the confidentiality of the matter submitted to mediation.
2. The parties of mediation are subject to the following obligations: to) Act in good faith in the mediation process.
b) provide complete and credible information broker in connection with the dispute.
c) Attended in person at the mediation sessions.
d) Treat the mediator with consideration and respect.
Article 35 of the mediation process 1. The mediation process is initiated at the request and by common agreement between the parties in dispute, which address the Andorran Committee of volunteering a written request for mediation, in which indicate the reason for controversy and identifying data.
2. Once the data and this option was of the dispute, the Andorran Volunteer Committee has to decide whether to start the process of mediation and appoint, among its members and within the period of fifteen days, a person mediator.
3. The mediator meets with the parties separately or together as many times as it takes to listen to them and find out their version of the conflict with the aim of finding a solution.
4. The mediator may inform the parties of its proposed solutions for the consideration and evaluation.
5. The mediation process ends with the signing of the agreement or transactional friendly composition written by the mediator or by written resignation of one of the parties to the mediator. Moreover, the mediator may declare unilaterally after the mediation when it deems that its continuance will not be useful for the resolution of the conflict or when the parties do not meet their obligations in the framework of the mediation process.
6. The procedure of mediation may not exceed three months.
Additional provisions First data in the personal data file provided to register of volunteer Organisations in Andorra, created by the Decree of the Government, of 23 January 2008, will go beyond the record of volunteering organisations in Andorra provided in this law.
Second the Government, within a period of six months from the entry into force of the present law, should dictate the regulatory provisions necessary for the development of this law.
Transitional provisions the first entities that the entry into force of this law have volunteer staff must conform to the law in the period of one year from the day after being published in the official bulletin of the Principality of Andorra.
Second the members that make up the Volunteer Committee of Andorra are kept in functions until they are elected new members of the Andorran Committee of volunteers, which will have to be made within a period of six months from the date of entry into force of the present law.
Repealing Government Decree are repealed, from the 23rd of April 2008, the creation of the Volunteer Committee of Andorra, and the Decree of the Government, of 23 January 2008, which regulates the personal data file of the register of volunteer Organisations in Andorra of the Ministry of education, vocational training, youth and sports.
Disposicións end First In anything not foreseen in this law or in the regulations that develop it applies supletòriament the legislation on associations or foundations, according to the legal nature of the entity concerned.
Second, the law will come into force the day after being published in the Official Gazette the Principality of Andorra.
Casa de la Vall, 16 December 2010 Josep Dallerès Codina, General Syndic Us the co-princes 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