Law 6/2008, May 15, on the exercise of liberal professions and professional associations and colleges since the General Council in its session of 15 May 2008 approved the following: Law 6/2008, May 15, on the exercise of liberal professions and professional associations and colleges Index preamble title I General provisions Article 1. The object of the Law Article 2. Concept of liberal profession Article 3. Title II exercise regime. The exercise of liberal professions Article 4. Professional Article 5. Access to the exercise Article 6. Article 7 exercise requirements. Incompatibilities Article 8. Rights and obligations Article 9. Article 10 insurance. Professional secrecy Article 11. Infiltration and irregular professional activities Article 12. Mandatory professional benefits title III. Professional associations chapter. General provisions Article 13. Legal nature of Article 14. Purposes of Article 15. Requirements for creation Article 16. Regime of licensing Article 17. Council of professional associations second chapter. Functions of the colleges Article 18. Public functions of Article 19 schools. Other functions Article 20. Regime of the public functions Article 21. Regulatory colleges Article 22. Legal framework Article 23. Appeals against the acts and agreements Article 24. Article 25 economic regime. Relations with the Government of the third Chapter. Rules of incorporation to the schools Article 26. Low incorporation and the professional bodies Chapter fourth. Rules of organisation and operation Article 27. Statutory autonomy and internal democracy Article 28. Approval and modification of the statutes Article 29. The content of the statutes Article 30. Plenary organ Article 31. Governing body Article 32. Membership and officers of the Board of Directors, chapter five. Dissolution of the professional bodies Article 33. Causes of dissolution Article 34. Title IV dissolution procedure. Professional associations Article 35. Constitution and legal framework Article 36. Article 37 functions. Measures of support and participation rights Title v. registration of Professionals, schools and professional associations Article 38. Creation and legal Article 39. The subject of the register Article 40. Duty to urge the registration Article 41. Registry functions Article 42. Title VI formal advertising. Disciplinary chapter. Disciplinary system of the exercise of liberal professions Article 43. Disciplinary Article 44. Classification of infringements Article 45. Very serious offences Article 46. Serious offences Article 47. Minor offences Article 48. Regulatory colleges Article 49. Article 50 penalties. Graduation of sanctions Article 51. Article 52 professional disqualification. Prescription Article 53. Procedure Article 54. 55 Article resource regime. Provisional measures Article 56. Executivitat second chapter. Disciplinary schoolboy Article 57. Article 58 disciplinary schools. Infractions of the Association Article 59. Additional Provisions sanctions First. Second sanctions update. Need qualified professionals temporary transitional provisions First. Recognition and statutory adaptation Second. Compliance with the registration obligations Repealing Provision Final exhibition of illustrations and The social and economic reality of Andorra requires a new regulation of the exercise of liberal professions in order to respond to the needs of a sector that has a great impact on production and the transmission of knowledge and a very important weight in the economic activity, both from the point of view of the same professionals involved and from the perspective of the recipients of the services provided by these professionals. The Decree on exercise of Liberal Professions, standard with the rank of law approved by the General Council in 1977, has been the main instrument that has allowed to frame the legal development in all matters related to the regulation of the practice of the liberal professions and the recognition of higher education qualifications. Today, however, it is necessary to modify this regulatory approach in order to adapt our legislation to the European framework in the field of recognition of qualifications and in order to establish a complete legal regulation of the liberal professions, developing a general treatment of your exercise all attending, at the same time, its important associations side, both from the point of view of private and schoolboy.
The law of the exercise of liberal professions and schools and professional associations are divided into six titles. In the title and defined the general object is subjected to regulation and at the same time establishes the concept of liberal profession in terms of professional application of knowledge and techniques associated with formal qualifications or well known in the Principality of Andorra, professional or higher education level. The law also establishes the distinction between liberal professions merges with nature and any others depending on their nature, may be linked to a private association.
The title II is devoted to the general regulation of the exercise of liberal professions, while establishing the conditions and requirements for access. Possession of academic qualification enabling and, where appropriate, the membership dues as a mandatory condition for the exercise of liberal professions Association constitute fundamental requirements when it comes to regulating access to the liberal professions. The right and the duty of professionals to act according to the rules and techniques of the profession, and the promotion of lifelong learning and linking the professional bodies with the activity of the centers of higher education are fundamental elements in the time to frame the exercise of the activity of professionals. An exercise that is protected and limited by the law and the duty of professional secrecy and that, in cases where the law deems, remains subject to certain mandatory professional performance. In the aforementioned title II is expected to be also the duty of professionals to cover, through insurance, the risks of liability which may be incurred as a result of the professional practice and, finally, it is established in cases of non-compliance of the requirements for professional practice, as well as lack of diligence or unfair competition.
In this way the intrusion and the irregular professional performance, concepts that
define behaviors that are related to a practice contrary to the law and which must be implemented, in any case, the Government, obtained a letter of nature in our legal system.
Certain professions titled allow to develop economic and social functions that have a special importance and, in addition, the required qualifications for your exercise enables specifically for the performance of acts or services that directly affect fundamental rights and freedoms or that have to do with essential aspects in relation to health, property, goods or services groups. We are facing those professions in which they are concurrent reasons of public interest to justify the existence of organisations-the professional associations, regulated in title III of the law – which will constitute partly as a public law corporations.
Thus, the legal status of professional associations has a dual role. On the one hand, the professional associations are entities of associative origin at the same time-and according to the reasons of public interest referred to above – have attributed by law to certain public functions. This second element involves and justifies that the professional associations, for the fulfillment of public functions already mentioned, to enjoy the status of public corporations.
Once defined the General objectives of the schools, the chapter I of title III stipulates the requirements that must be meet for the creation of professional associations, in accordance with the criteria of representativeness and of not duplicating schoolboy; This is, on the one hand, the requirement of a number of professionals in free exercise sufficiently broad to justify the creation of schools and, on the other hand, the prohibition of creating more of a professional school of the same profession. Either way, what is essential in the chapter and the title III is the law that is set to the time of the creation of the professional associations. Thus, it is designed a system of creation that necessarily brings a law unique and specific to each professional association, notwithstanding that other rules with the rank of law can complete the regulation of the different professions.
Chapter II of title III defines, for its part, the functions of the colleges, in accordance with the dual-private and public-their legal status. In the field of public functions are professional bodies acting in accordance with the administrative law. In this sense, the exercise of the functions concerning the application of the rights and guarantees established in the administrative law in the relations of the schools with the associations and citizens.
On the other hand, in the exercise of private functions that are proper, the professional bodies are subject to private law. On the other hand, it should also be noted that chapters III and IV of title III are responsible, respectively, for developing the rules of incorporation to professional associations, that on the basis of the requirement of the relevant academic qualifications, and to specify the rules that govern the Organization and operation, based on the principles of statutory autonomy and internal democracy.
The professional associations, which can be formed by people who have professions not subject to licensing, have the principal aim of ensuring the representation and defense of the professional interests of the members and by the good practice of the profession with respect to the recipients of services, as laid down in title IV of the law. In addition, in order to expand their radius of action, professional associations can be declared of public utility and, consequently, access to certain economic, technical or other benefits that the Government could be established.
The law also contains, in title V, a regime of advertising for the events relevant to the legal traffic that have to do with both organizations and professional associations such as the association with the liberals not discharged in any of the above organisational forms. A remarkable feature of the advertising scheme mentioned is the creation of a single register organized in three sections relating to professionals not discharged any associative organization or association, the professional bodies and professional associations. The registration in the appropriate section of the register is mandatory condition for the exercise of liberal professions. At the same time, be left in the hands of the regulatory development of the structure and the operation of the registry, in everything that has not been expressly foreseen by the law.
The discipline to which are subject the liberal professions is defined in Title VI of the law. Establishing a differentiation between the professions and the collegiate Association not being played the disciplinary respectively by the professional bodies and the Government. At the same time, the professional bodies can adopt disciplinary measures also based on non-compliance, on the part of the people Association, Association and professional duties. Finally, we should mention that the statutes of the Association, in accordance with the law, regulate the corresponding disciplinary procedure and typified the various types of infractions and sanctions.
Title i. General provisions Article 1 object of the law this law aims to regulate the exercise of liberal professions in the Principality of Andorra, as well as the Organization and functioning of professional bodies and professional associations who develop their activity.
Article 2 the concept of liberal profession Are liberal professions which are characterized by the application of knowledge and techniques of a science or a branch of knowledge, for the exercise of which, by the very nature or by legal requirement, you must be in possession of an official title of specialized academic studies recognized in the Principality of Andorra.
Article 3 The liberal professions exercise regime can be Association or not, without prejudice to the exercise of the right of Association. Collegiate professions are those which, in accordance with the law, are part of a schoolboy.
Associated professions are those which, in accordance with the legislation in force, are part of a professional association.
Title II. The exercise of liberal professions Article 4 professional
1. professional liberal is defined, for the purposes of this law, as the provision to the public, usually paid, of the services of an activity or profession. This provision can be carried out by or on behalf of another, both in the public sector as in the private sector.
2. The liberal professional practice is governed by the general framework established by this law and by the rules that govern each profession.
Article 5 access to the exercise 1. To access to the exercise of a liberal profession you must meet the following requirements: a) requirements of nationality or residence: be in possession of Andorran nationality or certify a minimum of twenty years of effective and uninterrupted residence in the Principality of Andorra, with the exception of cases in which international treaties established a lower term.
b) qualification requirements: be in possession of the title the Andorran official or recognized in the Principality of Andorra required for the exercise of the profession.
c) other requirements: to comply, where applicable, the other terms and conditions legally established the company.
2. To enjoy access to the exercise of a liberal profession, you need to have the corresponding authorization enabling government issued and meet the registration requirements set out in title V.
3. Is prerequisite for the exercise of the professions Association incorporating the College for which you intend to practice the profession.
4. Access to the professional member can keep conditioning, if you set an Act and in the terms in which it has, in previous practice training and obtain a proof of training.
5. the professionals not subject to the obligation to show up can become professional associations in accordance with the provisions of title IV. The exercise of the profession is not subject to the inclusion in a professional association.
Article 6 requirements for exercise 1. Can exercise a professional activity liberal people who meet the following requirements: a) Meet the conditions determined in article 5.
b) Be incorporated, where appropriate, the relevant professional association.
c) do not find themselves in a situation of professional disqualification.
d) Not found in one of the causes of incompatibility or prohibition laid down by the laws.
2. the professionals exercise their activity with freedom and independence, serving the interest of the recipient and of the society, in accordance with the capacity and the ability to determine the good professional practice and in compliance with the ethical rules that correspond.
3. The provisions of the preceding paragraph shall be understood as referring to the area strictly professional, regardless of the rights and obligations of the legal relationship under which exercised the profession.
Article 7 1 Incompatibilities. The exercise of liberal professions are subject to the regime of incompatibilities in each case established by law.
2. professional associations should be included in the regulations to the rules that are necessary to ensure, within the scope of each profession, that their members comply with the applicable provisions in the area of incompatibility, and especially the duty of abstention in cases of conflicts of interests with recipients of their services.
3. At the request of the licensed professionals, the professional bodies can declare the absence of conflict of interest in a specific case, for the purpose of releasing the person concerned of responsibility for infringements of the rules on incompatibilities.
4. professional bodies must report to the Government actions, of which they have knowledge, they deem contrary to the legislation in force, in matter of incompatibility, of the professionals involved in the administration through an administrative relationship, employment or provision of services.
Article 8 rights and obligations 1. The professionals have the right and the duty to act according to the rules and techniques of the know the corresponding profession, taking into consideration the experiences of the sector, as well as the right and the duty of continuing vocational training.
2. Universities and professional bodies should collaborate in the continuing education of licensed professionals.
Article 9 Insurance 1. The professionals have a duty to cover the risks of responsibility in which they may incur as a result of the exercise of their profession by the hiring of an insurance policy.
2. the professional bodies must adopt the necessary measures to guarantee and facilitate the fulfillment of duty of insurance of their members.
3. When the professional exercising his profession as a salaried public administration, this subroga the same with regard to the obligation to cover the risks of liability.
4. The provisions in this article have been developed for regulation depending on the characteristics of the liberal professions and its collegiate character if necessary.
Article 10 confidentiality The professionals in the exercise of their profession have the right and the duty of professional secrecy, in accordance with the specific legislation in force.
Article 11 Intrusion and irregular professional activities 1. The acts of infiltration and the irregular professional activities should be made in the knowledge of the Government and of the professional association or of the relevant professional association.
2. For the purposes of this law, is considered intruders carrying out professional activities without fulfilling the requirements established by law for the exercise of the profession, professional performance and ethical rules violates the irregular, is performed without the due professional diligence or incurs in disloyal competition.
3. For the purposes of this law, unfair competition is understood to mean any professional activity carried out by who, in contravention of the rules and the good practice that govern the exercise, gets a position of advantage with respect to professionals that meet.
Article 12 of the compulsory Professional Services 1. In the exercise of the social function that involves the exercise of certain liberal professions, the professionals have registered to carry out the services to be determined by law. For these actions has been to establish a system of compensation or financial compensation.
2. In cases of serious risk, of public calamity or disaster can impose on professionals to professional practice, in the terms established by law.
Title III. Professional associations chapter. General provisions Article 13 legal nature Are professional associations are entities of associative origin with legal personality and full capacity to act for the fulfillment of its purposes.
The professional associations, for the fulfillment of public functions that are attributed by law, also have the status of public corporations.
Article 14 For The purpose of schools essential to ensure that the performance of its members to respond to the interests and the needs of society in relation to the professional in question and, in particular to ensure compliance with good practice and the ethical obligations of the profession. They also have as a purpose the representation and defense of the profession and the professional interests of members.
Article 15 requirements of creating 1. The creation of the professional associations will have to do by law. For this purpose it is necessary that: a) there is a number of professionals in free exercise sufficiently broad to justify it.
b) does not exist the possibility of integration of the applicant in an existing professional association.
c) request a minimum number of eight professionals concerned.
2. To start the process of creation of a professional association are interested they should lead the Government to present the draft articles of Association and, eventually, other rules of inner workings of the professional association that is intended to create.
3. The Government must issue a report about the project of statutes, after having carried out the control of legality, within a maximum period of three months from the date of presentation of the project. If the report is positive, the Government needs to send to the General Council the Bill of the related professional school within a maximum period of one month from the date of issue of the report mentioned.
4. The Bill for the creation of a new professional association shall contain the following provisions: a) establishment of the appropriate professional association creation policy, which must contain the mention "College" followed by the name of the profession, as an entity with legal personality and full capacity to act and to enforce their aims.
b) definition of the object in which is part of the College, as well as its field of action.
c) requirements for the registration of the Enumeration of the professionals in the corresponding Association, with special mention of the degree required for professional practice.
d) definition of the rules that must regulate the activity of the professional association.
5. professional associations can be created Only in the case of professions for the exercise of which requires an academic qualification. Must also attend, to justify the creation of a professional association, reasons of public interest, as well as the realization of a special social and economic relevance of the functions inherent in the profession. It is understood that they are concurrent reasons of public interest in the exercise of liberal professions when the required qualifications enable specifically for the performance of acts or services that are essential in relation to health, property, goods or services groups, or when the said acts or benefits directly affect fundamental rights and public freedoms.
6. Under no circumstances can constitute more of a professional school of the same profession within the Principality of Andorra.
Article 16 licensing regime 1. The person who has the required qualifications, duly recognized by the Government, and which meet the conditions laid down in this law for access to the exercise of the liberal profession and the established powers, has the right to be admitted in the appropriate professional school.
2. Without prejudice to the provisions of article 5.3, the requirement of licensing is optional when it comes to personnel of the Andorran public administration unless the law of creation of the relevant school obtain otherwise.
Article 17 the Council of professional associations 1. The professional bodies can be grouped in a Council of professional bodies to coordinate their activities and to promote the achievement of the objectives of the Association.
2. The Council of professional associations developed consultative functions and coordination.
3. The Council of professional associations is composed of a represented by each of the designated several professional associations are integrated into the same.
Second chapter. Functions of the colleges Article 18 public functions of the Colleges Are public functions of colleges: a) to ensure that the professional priorities in their legislation, professional ethics and good practice, and will respect the rights and the interests of the recipients of the professional performance.
b) to ensure the fulfilment of the duties and obligations of the members.
c) ensure that do not occur acts of intrusion, of unfair competition or other irregular activities in relation to the profession, Member, adopting appropriate measures and actions set out in the legal system.
d) exercise disciplinary authority over their bodies, in the terms established by the law and the rules of the schools.
e) Visar, if applicable, the projects and the work of associations, in the terms and with the effects established by corresponding legislation.
f) to promote and facilitate the continuing professional training of the members.
g) Collaborate with the public administration through the participation in administrative bodies, when it is expected to legally, and through the issuance of reports that are required by governing bodies or administrative and judicial authorities.
h) Inform the General provisions that affect the exercise of the profession.
I) to provide information on professional fees, while respecting the regime of free competition.
j) to approve their budgets and to regulate and fix the contributions of the members.
k) Register fees for the provision of services that correspond to the public functions, in accordance with the regulations in force.
the) The other functions of public nature that refer to the current legislation.
Article 19 other functions in addition to the public functions, the professional associations have the following functions: to) Provide common services to members.
b) to manage the payment of the salaries and professional fees at the request of members, in accordance with the established by the bylaws of the Association.
c) Intervene by way of mediation or arbitration, in accordance with the current regulations, in that they can be given between members or between them and third parties, provided that so request by common agreement of the parties involved.
d) working with the associations and other organizations representing citizens ' interests directly linked to the exercise of the profession member.
Article 20 of the public functions the functions of the professional associations that are attached to the article 18 have the status of own. These functions are exercised in regime of autonomy, without prejudice of the controls for reasons of legality established by law.
Article 21 regulatory colleges regardless of their field of statutory regulation, the professional bodies have ability to develop regulations, in accordance with the legislation in force, any of the functions provided for in article 18.
Article 22 jurisdiction 1. The professional associations in the field of public functions Act in accordance with the administrative law and exercised powers inherent in the public administration.
2. In the exercise of their public functions are professional associations must apply in their relations with the associations and citizens the rights and guarantees established in the administrative law.
3. In the exercise of its functions, the private professional bodies are subject to private law. Are also included in this area are aspects of heritage and to contract as well as relations with his staff, which are governed by the labour law.
Article 23 appeals against acts and agreements Are acts and agreements of the professional bodies can be, on the part of the interested parties, appealed to the body which has dictated, which has a deadline of 13 working days for rule. Sold out this way it is possible to lodge an appeal court within 13 working days counting from the day after the day of termination of the previous term.
Article 24 financial Regime 1. The professional bodies produce and approve their budgets.
2. professional associations can perceive fees for the provision of services that correspond to their public functions, in the terms established by the law or the corresponding agreements.
Article 25 relations with the Government 1. The relationships between the professional bodies and the Government are governed by the principles of coordination and cooperation, taking into account that the Government is the executive body that directs the administration of the State.
2. professional associations have a duty to deliver to the Government the information it requires in relation to the exercise of their public functions.
Third chapter. Rules of incorporation and the professional bodies Article 26 low incorporation and the professional associations 1. To join a professional association must be made taking into account the provisions contained in article 16.
2. the governing bodies may be exercents or not exercents. All members are full members of the Association, without prejudice to the rights and the specific obligations arising from the licensing regime.
3. The low in the professional association can be produced upon request of the Member, to repeated failure of payment of the fees of the Association in the terms established in the by-laws, or for the loss of the requirements for membership dues. The payment of outstanding dues of the Association entails the immediate rehabilitation of the high schoolboy.
The fourth chapter. Rules of organisation and operation Article 27 statutory Autonomy and internal democracy 1. The professional bodies produce and approve independently its bylaws and other rules of organisation and operation.
2. The internal organisation and operation of the schools should be democratic.
Null or full statutory provisions of internal regime and agreements or instruments adopted by the governing bodies of schools which contravene this principle.
Article 28 approval and modification of the statutes 1. The promoters or people to be available for the creation of a professional Association designates for this purpose must agree on the procedure and Constitution of the Assembly, which must approve the statutes of the Association.
2. The approval and modification of the statutes must be decided on extraordinary General Assembly especially convened for this purpose. It excepts the agreement of change of address, which can be approved in the ordinary Assembly.
3. The articles of Association approved and its modifications should be sent to the Government because in terms the adaptation to the legality, in the available registration in the corresponding section of the Professionals, schools and professional associations and order the publication in the official bulletin of the Principality of Andorra.
4. The statutes of the schools and its modifications come into force as of the publication in the official bulletin of the Principality of Andorra.
Article 29 of the articles of the statutes of the school Content should regulate: a) the designation, which must include the term "Association" and the corresponding profession.
c) the purposes, functions and activities.
of) the requirements that must be met for acquiring the status of Member, stating the title you need, and the causes of suspension and loss of this condition.
e) the call and Constitution, the functioning and the composition of the governing body, as well as the way to appoint, dismiss and renew its members, and the duration of the mandate of these.
f) the call and Constitution, the functioning and the composition of the Committee plenary.
g) the deliberation and making resolutions of the governing bodies and the procedure for approval of the minutes.
h.) the rights and obligations of the people Association.
and) The disciplinary regime for reasons of professional practice and of breach of duties of the Association, within the framework of the provisions of title VI.
j) the resources of the ones registered to the resolutions of the Association.
k) the procedure and the requirements for the modification of the statutes.
the) the economic regime.
m) the causes and the procedure of dissolution and liquidation.
Article 30 plenary Organ 1. The General Assembly is the sovereign body of the Association. Be deliberate about any matter of interest to the school, adopts resolutions in the field of their competence and controls the activity of the Board of Directors.
2. The General Assembly, as a plenary body, is made up of all full members, exercents and not exercents.
3. the General Assembly is responsible for the following functions: to) Approve and amend the bylaws.
b) Elect and remove members of the Board of Directors.
c) to approve the management made by the Governing Board, the budget, the annual accounts and the fees of the Association.
d) Approve and modify the regulation of internal regime.
e) Approve and modify the rules of regulation and professional ethics concerning the College.
f) resolving any issue attributed to the laws, the regulations or the by-laws or that is not reserved for the Board of Directors.
g) agreed to the dissolution of the Association.
4. All members not suspended in the exercise of their rights are entitled to vote in the plenary. The articles of Association regulate the modalities of exercise of this right and can establish rules of weighting of the vote of the members exercents and not exercents.
5. The plenary organ has to meet at least once a year with ordinary character. It can also be met with extraordinary character on the initiative of the Board of Directors, or upon request of the number of bodies that were established under the company.
6. The Statute must establish the means to facilitate the participation of the associations on the deliberation and making agreements in the governing body plenary.
Article 31 body 1. The Board of directors manages and represents the Association, executes the resolutions of the plenary organ and exercises disciplinary and other functions attributed to it by the Statute, following the guidelines of the Committee plenary.
2. The powers of the Board of Directors range in general all acts relating to the purposes of the Association, notwithstanding that the statutes at to determine others for which you require the express authorization of the governing body plenary.
3. The Governing Board may delegate the exercise of their functions of private nature in one of its members or more than one, or to appoint General or special proxies. Are not available to the acts that must be licensed or approved by the plenary.
4. The Bylaws must provide for and regulate the reasons and procedures for suspension or removal of members of the Board of Directors for breach of their obligations, without prejudice to the exercise of responsibility.
Article 32 composition and responsibilities of the Governing Board 1. The Board of Directors has collegiate character. Its members should be elected by universal suffrage, free, direct and secret, in accordance with the procedure foreseen in the statutes. The exercise of the same position in the Board of Directors is limited to two consecutive same terms they.
2. The Governing Board shall be composed of, at least, for three people, with the posts of Chairman and that may also have the name of Dean-, Secretary and Treasurer.
3. The president to exercise the functions of the ordinary representation of the Association and the other that the statutes, the law and regulations will legitimise.
4. The Secretary exercise the functions of notary acts and resolutions of the Association.
5. The Treasurer shall exercise the functions related to the financial management of the Association and, in a special way, Treasury and accounting functions.
Chapter v. dissolution of professional bodies Article 33 Causes of dissolution Are professional associations can be dissolved by the following causes: a) loss of collegiate character the profession, in accordance with the law.
b) agreement of the General Assembly, adopted in the manner and with the requirements set forth in the bylaws.
c) of bodies, if they are reduced to a number lower than eight people.
d) of other established in the bylaws.
Article 34 Procedure of dissolution 1. The dissolution of a professional association must do by law.
2. The petition for dissolution has been made to the Government, accompanied by the certificate of the agreement adopted by the General Assembly for this purpose. Once this documentation the Government must submit for processing the corresponding Bill of dissolution.
3. Once approved the Act of dissolution, the Government by Decree has to establish the procedure for the settlement of the estate, the appointment of the people or of the Commission in charge of carrying it out and the destination of the remaining, according to the statutes of the association dissolved and the law.
4. Once the procedure of liquidation, the Government by Decree should proceed to the cancellation of the registration of the Association of Liberal Professions, professional bodies and professional associations.
Title IV. Professional associations Article 35 Constitution and legal framework 1. People who have professions not subject to membership dues may constitute, for the purposes of this law, professional associations, non-profit organization with the main purpose to ensure the proper exercise of the profession in respect of the recipients of the services and for the representation and defence of their interests and the generals of the profession. For the purposes of this law are not considered to be business associations professional associations and trade unions.
2. Has the right to be admitted to a professional association, the person who owns the academic qualifications or the required accreditation, and that meet the conditions and requirements determined by the legal regulations and by-laws of the Association.
3. Professional associations may establish and join federations or confederations, and eventually, in tips.
4. Professional associations and their federations or confederations are governed, in that no provisions of this law, by the law on associations.
Article 36 The Role professional associations may exercise, among others, the following functions: a) to ensure the proper exercise of the profession and respect for the rights of the people to whom the professional services. For this purpose, they can report to the Government the Commission of the offences regulated in Title VI.
b) Represent the people associated with and exercise actions in defence of their rights and interests, the professional association and the generals linked to the exercise of the profession.
c) Provide services for people associated with and, in particular, to promote and to facilitate the continuous professional training.
d) to provide information on professional fees, while respecting the regime of free competition.
e) intervene, by way of mediation or arbitration and in accordance with the legislation in force, in the professional conflicts that may occur between people associated with or between them and third parties, provided that so request by common agreement of the parties involved.
f) Collaborate with the professional associations of related areas and with other organizations representing citizens ' interests directly linked to the exercise of the profession.
g) Issuing reports and reports on matters relevant to the profession, at the request of the administration or the courts.
h) draw up and approve their budgets.
Article 37 measures of support and participation rights of The professional associations and their federations or confederations can be declared of public use, in accordance with the legislation in force, and access to support measures that the Government set up. For these measures of support and to participate in administrative agencies, professional associations or their federations or confederations must meet the conditions or regulations legally established in each case.
Title V registration of Professionals, schools and professional associations Article 38 creation and legal 1. The registration of Professionals, professional bodies and professional associations.
The registry consists of three sections: a) of non-integrated freelance professionals in a professional organization, association or association b) of professional associations c) of the professional associations.
2. Assigning the corresponding Ministry as well as what is not foreseen by this law, the structure and the functioning of the register must be determined by the regulations.
3. Registration in the appropriate section of the registry is required.
Article 39 the Registry Object you have to register in the register the following events: 1) in relation to non-integrated freelance professionals in an organization Association or association, the corresponding professional accreditation, on the basis of the provisions in articles 5 and 6.
2) in relation to professional organizations, in) the creation of the Association or the professional association, with indication of the date of incorporation and the by-laws and other rules governing the institution.
b) the updated list of members or of members, which must contain your professional accreditation, on the basis of the provisions of articles 5 and 6, and the date of the high and the low.
c) The modification of the statutes.
of The regulations) or the professional Association Association agreed.
e) the appointment, suspension and dismissal of the members of the governing body.
f) the dissolution.
Article 40 duty to urge the governing body registration of schools or of the professional associations has the duty to urge the registration of acts and resolutions that are susceptible. The maximum period for registration is three months, counting from the moment in which it was agreed the Act or resolution to the competent body.
Article 41 registration Functions 1. The body in charge of the registry verifies the legality of the content of acts subject to registration, in accordance with the results of the documents by virtue of which the registration is requested and the registry entries.
2. you may not deny the registration of any act inscriptible that complies with the requirements established by law.
3. The registration you have to practice, if there are defects that have to be corrected, within a period of three months from the request. After the deadline, they should consider that the legality of the content of the subject of registration has been verified by positive silence with the obligation resulting from the body in charge of the registration practice.
4. Against the acts of denial of registration can bring the ordinary resources established by the regulations in force.
Article 42 formal Advertising and professional identification 1. The publicity of the register becomes effective by certificate of the content of the entries for simple informative note, to copy or extract of the settlements or by electronic means of communication of data. Only the certificate vouches for the content of the entries.
2. For the purposes of identification, liberal professional, the Member or the partner must state, in the exercise of their professional activity, his registration number.
Title VI. Disciplinary chapter. Disciplinary system of the exercise of liberal professions Article 43 disciplinary 1. The professional activities which do not comply with the provisions in this law and in the specific rules governing the exercise of each profession can be subject to fines under the terms established in this title.
2. The disciplinary regime of the liberal professions Association is not exercised by the Government. It is also in the case of professionals who, having the obligation to be registered, not met.
3. The disciplinary regime of the professions Association is played by the governing bodies of professional associations, in the terms established by this law and by the internal rules of each school.
Article 44 classification of infringements infringements which may be incurred in the exercise of liberal professions are classified as minor, serious and very serious.
Article 45 very serious Offences Are very serious offences: a) the exercise of a profession without the professional qualification enabling duly recognized by the Government.
b) the breach of professional duties, when this is a serious prejudice to the people who have hired professional service.
c) the violation of professional secrecy.
d) the exercise of a profession in a case of professional disqualification, or on the part of those who violate a case of incompatibility or prohibition to exercise in the Principality dictated by part of the Andorran authorities competent.
e) The firm conviction to crime, at any level of participation, which occur as a result of the exercise of the profession.
f) the exercise of a profession by Member who fails to comply with the obligation of membership dues.
g) the Commission of two serious violations within a year.
Article 46 serious Offences Are serious offences: a) the violation of the rules of professional ethics and practice.
b) the breach of professional duties, when this is a detriment to the people who have hired professional service.
c) breach of the obligation of the members to communicate cases of infiltration of which they are aware.
d) breach of duty of insurance, whenever required.
e) breach of the duty of obligatory provision foreseen in this law or other rules that have, after having been duly
required, unless justified accreditation that make impossible the provision of the service.
f) Are considered acts of unfair competition.
g) the Commission of offences in the two minor within six months.
Article 47 minor Infractions Is slight infringement the violation of any provision that regulates the professional activity, provided they do not constitute serious violation or very serious.
Article 48 Right regulations for schools in disciplinary rules of the Association may develop the disciplinary provisions of this law, without entering in any case new cases of infringement or penalty.
Article 49 Sanctions 1. Very serious offences can be subject to the following sanctions: a) professional Disqualification during a time of no more than five years.
b) fine amount no less than 5,000 euros and no more than 50,000 euros.
2. serious offences can be subject to the following sanctions: a) professional Disqualification for a time not exceeding one year.
b) fine amount no less than 1,000 euro and no more than 5,000 euros.
3. minor offences may be subject to the following sanctions: a) Admonition.
b) fine of no more than 1,000 euros amount.
4. in the case of very serious offences and may also be imposed as an additional sanction the obligation of professional or ethical training activities, when the violation occurred due to the breach of duties which affect the exercise or professional ethics.
5. If the person who has committed an infringement has an economic gain, the sanction of fines can be expanded with an additional amount up to the amount of the profit obtained by the professional.
Article 50 Graduation of sanctions sanctions will graduate according to the circumstances that there is in each case, in accordance with the General principles established for sanctioning the legislation.
Article 51 professional Disqualification 1. The penalty of disqualification by the professional during the time for which it has been imposed.
2. When resolved, the body which has authority to impose the penalty must notify its decision to the Government.
3. The disqualification is effective from the moment in which the resolution that the force is strong, so as not to be susceptible of any administrative or court. When the same person there are different resolutions of successive disqualification, the deadline in each will begin to be calculated on the basis of compliance with the previous ultimate.
Article 52 Prescription 1. Very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of six months. These terms will be calculated from the date of granting.
2. Is due to interruption of the prescription the start, with knowledge of the interested party, the sanctioning procedure. The interruption continues to have effect if the record sanctioning has been stalled for a month due to causes not attributable to the alleged infringer.
3. The sanctions imposed for very serious offences prescribed in four years, the penalties for serious offences to two years and fines for minor offences to six months.
4. The sanctions that give rise to a disqualification for a period of more than four years prescribed once after the deadline by which it was imposed the sanction.
5. The period of prescription of the sanctions begin to count from the next day in what will become the firm resolution that imposes.
6. The prescription is interrupted by the home, with the knowledge of the person concerned, the procedure of execution. The interruption continues to have effect if the procedure of execution remains stationary for more than six months due to causes not attributable to the offender.
Article 53 the procedure 1. The sanctions foreseen in this law is subject to the principles of legality, no retroactivity, typicity, proportionality and non-concurrent sanctions.
2. The imposition of any sanction provided for in this law shall have been issued in the framework of a previous transcript. In the processing of this case must be guaranteed, at least, the principles of presumption of innocence, of hearing of the affected person, of motivation of the final resolution and separation of decision-making bodies and instructor.
3. The rules of the schools, in the case of professions Association, and the regulatory provisions rendered in application of this law, they must develop the sanctioning procedure.
4. Are applicable to the sanctioning procedure foreseen in this law the provisions on sanctioning powers established by the administrative rules in force.
Article 54 resource Regime 1. Against the decisions handed down on sanctions by the Government can intrude the resources provided by the administrative regulations.
2. Against the resolutions issued by the professional associations can be lodged corresponding resources, in accordance with the provisions of article 23.
Article 55 Temporary Measures During the processing of the file can be adopted sanctioning the interim precautionary measures that are necessary to ensure the effectiveness of the final resolution can fall. The adoption of these measures requires keeping motivated and the prior audience granted to the person concerned.
Article 56 Executivitat 1. Sanctioning resolutions are only executives when the administrative has been exhausted.
2. the schools have to run by themselves their sanctioning resolutions, in the terms established by administrative regulations.
Second chapter. Disciplinary schoolboy Article 57 disciplinary associations 1. In the terms established by this law, the governing bodies of professional associations must take the appropriate disciplinary measures, based on the breach of the duties of the Association, and professional people Association.
2. The articles must be typified the violations and penalties and regulate disciplinary procedure, subject to the provisions of article 53.
Article 58 Infringement offences-boys have graduated in minor, serious and very serious. Can only constitute infringement schoolboy: a) the breach of obligations established by law or by the articles of Association.
b) failure to comply with resolutions or decisions adopted by the governing bodies of the Association on matters that specified powers.
c) carrying out acts that prevent or alter the normal operation of the school or its organs.
d) the offense or the desconsideració towards other licensed professionals in the
same school, or to the members of the governing bodies of the Association.
Article 59 Sanctions sanctions can consist of reprimand, fine or expulsion, and to regulate in accordance with the following criteria: a) fine sanctions may not exceed that provided for in article 49 concerning the amount.
b) the sanction of expulsion can only be imposed for the Commission of serious offences in reiteration of those included in letters a) and b) of the previous article and should provide, in any case, the right of the sanctioned to apply for rehabilitation within a period of four years from the effectiveness of the sanction.
The sanction of expulsion is only strong where Executive.
Additional provisions first update of the amount of penalties penalties provided for in this law may be updated by the annual State budget Law.
Second Need of qualified professionals 1. In the event that the needs of the Principality of Andorra in qualified professionals, especially in the health sector, cannot be covered due to lack of people who meet the requirements of nationality or of residence of article 5, the Government, by means of special rating established by Decree, may grant temporary authorization for the exercise of the professions concerned to foreigners who do not meet the requirement of effective and uninterrupted residence. These authorizations cannot be granted for a duration of more than ten years.
2. the authorized Professional in accordance with the provisions of the previous point must meet all other requirements of professional practice laid down by this law and other legal provisions to be applied.
Transitional provisions the first statutory Recognition and adaptation 1. Recognized as a professional bodies are created by statute, or by Decree of the General Council with the rank of law, before the entry into force of this law.
The said schools have to adapt to this law its statutes, as well as his name, within a maximum period of one year from the date of its entry into force.
While this adaptation does not occur, its by-laws are in force in that they do not have the law versus offline and to interpret, in any case, in accordance with the new legal principles.
2. Recognized as professional associations which, registered in the register of associations, have to regulate a field of professional practice and adapt to this law its statutes within a maximum period of one year.
Second Meeting of the registered obligations 1. Registration obligations provided for in this law are met within the deadlines established in the regulations governing the Organization and operation of the register of Professionals, of professional bodies and professional associations.
2. The associations that, while initially registered in the register of associations, to request and obtain the adaptation of its statutes and the subsequent registration in the section of professional associations, will cause of the first record.
3. You have to proceed ex officio to those professionals who, on the coming into force of this law, arrest a decree or a Government resolution that enables for professional practice.
Repealing provision Is repealed the Decree on exercise of Liberal Professions, of 11 July 1977, as well as all the provisions of equal or lower rank that conflict with that established in the present law.
Final provision this law shall enter into force the day after its publication.
Casa de la Vall, 15 May 2008 Joan Gabriel i Estany 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra