Law 79/2010, Of 25 October, Amending The Law Of Creation And Functioning Of The Ombudsman

Original Language Title: Llei 79/2010, del 25 d’octubre, de modificació de la Llei de creació i funcionament del raonador del ciutadà

Read the untranslated law here: https://www.bopa.ad/bopa/022066/Pagines/692A2.aspx

Law 79/2010, of 25 October, amending the law of creation and functioning of the Ombudsman since the General Council in its session of October 25th, 2010 has approved the following: Law 79/2010, of 25 October, amending the law of creation and functioning of the Ombudsman preamble the International Convention on the rights of the child, 1989 , ratified by the General Council on 21 November 1995, marked a great step forward in the consideration of the child as a subject especially protected and of rights. The Convention establishes as a basic principle of operation of any institution, public or private, the upper interest of the minor.

From all sectors of the society aims to provide greater legal security and protection to minors, so that articulin guarantees by the real and effective exercise of the rights mentioned.

In this sense, the creation of figures of parliamentary Commissioners who ensure respect of the rights of minors, constitutes a good complement for the recognition of the rights of the child.

It is recalled that the recommendation 1121 (1990) of the Parliamentary Assembly of the Council of Europe, as recommended to the Member States to consider the appointment of a special mediator by minors, for the purpose of being able to inform them of their rights and to advise them.

The General Council has decided to strengthen the field of action of the Ombudsman by entering in the field of its competence, the Convention on the rights of the child, adopted by the General Assembly of the United Nations on 20 November 1989.

With this objective, we proceed to the modification of the law of creation and functioning of the Ombudsman of 4 June 1998.

Article 1 amendment to article 1 modifies article 1 of the law of creation and functioning of the Ombudsman, with the following wording: "Article 1 The Ombudsman, acting as a delegate or Commissioner of the General Council, is an institution whose mission is to: 1. inform citizens of their rights and freedoms enshrined in the Constitution , and ensure their compliance.

2. inform and advise people of their rights and freedoms recognized by the Convention on the rights of the child, adopted by the General Assembly of the United Nations on 20 November 1989, and ensure their compliance. ".

Article 2 amendment to article 2 modifies article 2 of the law of creation and functioning of the Ombudsman, with the following wording: "Article 2 1. For the fulfillment of their mission of defending the rights and freedoms established by the Constitution of the Principality of Andorra, the Ombudsman has the following functions: to) ensure that the performance of the public administration, in general and in broad sense, fulfilling the fundamental principles of defence and protection of the rights and freedoms set forth in the Constitution.

b) ensure that the performance of the public administration, in general and in broad sense, serve with objectivity the general interest and grasp the principles of hierarchy, efficiency, transparency and full submission to the Constitution and to the rest of the legal system.

2. For the fulfilment of the functions already mentioned, and in the terms of the present law, the Ombudsman collects and deals with complaints and claims concerning the relationship of citizens with all the administrations and public bodies of the Principality of Andorra.

3. For the fulfilment of the functions mentioned in paragraph 2 of article 1, the Ombudsman informs and advises the child and intervenes when they believe it necessary. When his research considers that there may be criminal evidence, makes the public prosecutor's Office. ".

Article 3 amendment to article 13 modifies the article 13 of the law of creation and functioning of the Ombudsman, with the following wording: "Article 13 1. Complaints or claims may be made by any natural or legal person who invokes a legitimate interest, whatever their nationality, age, condition or residence. In the case of children under 12 years of age and disability to do his legal representatives, without the need of special power.

2. The Ombudsman, when you receive a complaint or claim, charges reception, in any case and within a maximum period of thirteen working days, and inform the person concerned the course that you have been given. ".

Final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, October 25, 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