Law 8/2004, of 27 May, described the police force as the General Council in its session of 27 May 2004 has approved the following: law 8/2004, of 27 May, described the police force preamble and the police as a service for the protection of rights and freedoms has its origin in the article 13 of the Declaration of rights of man and of the citizen included in the first French Constitution of 1791, which States that "the guarantee of the rights of man and of the citizen requires public force, and that this force is set up, therefore, for the benefit of all and not for the particular utility to those who are in charge". The security forces are configured in this way in the rule of law as an institutional guarantee of the free exercise of rights and freedoms, along with the rest of the guarantees established in the Constitution and the laws.

At the same time, the mission is to protect and ensure the free exercise of rights and freedoms makes the concept of public security guaranteed in article 9 of the Constitution cannot be referred only to the old notion of public order, they conjured a pretext, the social order, to impose a repressive order, than the need to maintain a situation of peace and public tranquility. The Mission of ensuring the public safety, as a public service, has from this perspective two distinct events. First, when there is an injury or an infringement of the rights and freedoms that we have to make sure as a police function is essential. Secondly, as a preventive function, through the actions of all kinds that will lead to avoid the situations that generate insecurity. In this way, rights and freedoms, on the one hand, and public safety, on the other hand, form an indissoluble whole and integrated into the State of constitutional law.

If in a democratic society the police institution is justified desire to protect individual liberties and social, must also represent the need to guarantee the harmonisation of these freedoms to develop and maintain a general climate in order, tolerance and peace. The police, before being the secular arm of the courts or act on behalf of a governmental authority or repressive dirigista must remain in the service of the community and have as a major mission to guarantee the normal development of this community.

II The submission and linking of all public authorities and citizens to the Constitution and to the rest of the legal system (article 3 of the Constitution), determining element because the State can be described as law, obliges individually administration, due to its location in the social set. The police, as part of the public administration, is subject to the law of both generic form as institutionally, having clearly defined its mission under the dependency of the Government, which the article 72 of the Constitution attributes, under the authority of his boss, the direction of the administration of the State all commending you, also, the direction of the national and international policy of Andorra.

III in accordance with article 94 of the Constitution, judges and the public prosecutor heading the police action in judicial matters as established by law. With this concept are framed a number of features included in the scope of the police action that aim to unravel the crime, discover the offender and make sure that it is, under the functional dependence of the judges and courts and the public prosecutor's Office. This is a specialty in the generic role of the police to ensure public safety and the free exercise of rights and freedoms.

The Constitution does not collect a specific model of the Judicial Police, and refers to a later legislative development that will contain, in general, in chapter I of title VII of the law of Justice, on 3 September 1993, and more specifically in the law of the public prosecutor, of 12 December 1996, and the qualified law on modification of the code of criminal procedure , adopted by the General Council in the session of the day December 10, 1998.

According to article 95 of the law of Justice, the Judicial Police is the responsibility of all members of the police force, provided that they are required to provide it by the batlles and courts and by the public prosecutor in accordance with the provisions in the Act and in the hind legs that are developing.

Within the structure of the police force may establish and organize units aimed at Judicial Police.

The Judicial Police is configured, then, in Andorra, as one of the functions assigned to the police which is exercised under the organic dependence of the Executive power and under the subjection of magistrates, courts and public prosecutor's Office in the form established by the laws.

The Judicial Police meets two large orders of positions or jobs: the investigation of crimes prior to the intervention of the judicial authority, and the undertaking of specific missions that the batlles and courts or the public prosecutor's Office will "in each specific case in accordance with the provisions of the code of criminal procedure.

For this reason the wrecker to magistrates, courts and prosecutors in the investigation of crimes and in the discovery and arrest of criminals, either at the request of others or on its own initiative, it constitutes a major priority, and permanent activity of the police. And for this reason the present Law provides for the creation of special units of the Judicial police and the training of relevant officials, to assign them functionally to the jurisdictional bodies mentioned above and the public prosecutor.

IV this law opens a new stage in the history of the Andorran police force since it was created in 1931 under the name of "order Service", with a head and six agents, to maintain the security of the country because of the increasing floating population in the work of the electric company and in the construction of the roads.

On the basis of the Constitution, the law of Justice and of the other laws of development, this law aims to establish the principles of action, the functions and the civil service regime and the Statute of members of the police force, and the Organization of public safety throughout the national territory, and provides for the setting up of the necessary bodies and the provision of the means required for the correct compliance with security functions , defense and other corresponding to the State of Andorra.


With respect to all these points and following the trend of the modern legislation in the area of police and security bodies, the law is inspired by the resolutions of the Parliamentary Assembly of the Council of Europe and of the General Assembly of the United Nations, especially those relating to the Declaration on the police and to the code of conduct for civil servants in charge of enforcing the law , respectively. The principles that follow from these guidelines are incorporated into the Andorran legal system in accordance with the provisions of article 3.3 of the Constitution and, therefore, require without exception all members of the police Union.

V The police has to adapt his conduct to the law, subject to the principles of hierarchy and subordination within the body is also an indispensable partner of the. Administration of Justice, which must, in the widest sense Wizard, within their possibilities. On the other hand, the respect that the police due to the society to which it belongs and where it comes from his tenure, it forces you to use the coercive resources only in extreme situations and with a scrupulous application of the principles of opportunity, proportionality and consistency.

In this way, especially in the treatment of detainees, the police should observe the prescriptions of the law in a strict way. On the other hand, the members of the police force will have to lead with an exquisite professionalism, with the limitations and the sacrifices necessary in the good of the service they provide.

The police force's mission and main currency protection, in accordance with the law, the freedom and the security of the citizens, and therefore its functions range from the protection of people and goods to the maintenance of public order.

The Andorran police force is defined as a service of the Government of Andorra, to assist in the fulfilment of its purposes and in compliance with their provisions. And, at the same time, as a service to the community and, therefore, with an explicit mandate to contribute to the social welfare, in cooperation with other stakeholders, in the fields of preventive, care and rehabilitation.

In this regard, in order to develop properly the function of the police, the law regulates the principles of operation and functions of the police, the Organization and the structure and the statutory regime, the conditions of access and promotion setting or correcting whenever necessary the functions of the different scales and existing categories so far to give coverage and support appropriate to the police function.

Wine in terms of personnel, the police force is a staff of civil servants who hold, as members of the body, the squares of different scales, degrees and levels contained in the list of jobs, with specification of the name, the characteristics, functional content, the training needs, the assigned, how to provision, promotion , the evaluation of the performance and all other relevant circumstances.

The law establishes the statutory scheme of the members of the police and defines the rights and duties, with the specificities of their function, among which include the access to the function and trade union rights.

The Police Board, with parity representation of the administration of the Government and members of the police.

Also regulate the granting of honours, rewards and bonuses and the disciplinary system, which is directly linked with the principles of action.

The police force also has the administrative and technical posts which are necessary to give coverage and support to the police function, to which it applies in its entirety to the regime of the public function of the general administration, or the working relationship that corresponds, in accordance with the provisions of the law of the public function, with the only additional requirement for the appointment of the compliance prior to the Minister of interior.

In short, this law, with regard to the civil service regime, regulates those aspects, to the specificity of the police force to which he directed, must be clearly differentiated from the general scheme of government officials, which applies in the unregulated expressly for the present law as it pertains to the members of the body, and in full with regard to the administrative and technical jobs.

Due to the impact the law has on the regulation of fundamental rights of the chapters III and IV of title I of the Constitution by reason of the matter that is the subject, has the character of law in accordance with the provisions of article 40 of the Constitution.

Title I-General provisions. Principles of action and functions. The Judicial Police units chapter i. General provisions Article 1 object of the Bill is the subject of this law the Organization of public safety and the civil service and statutory regulation of the police of the Principality of Andorra.

Article 2 the police command Corresponds to the Government, through the head of Government, the Supreme command of the police. This command is exercised by the holder of the Ministry you have attributed the competences in the field of the interior in the terms established in article 31 and following.

Article 3 mission and nature 1. The Government, in the exercise of the functions of the administration of the State by the Constitution, safeguards to ensure the free exercise of rights and freedoms and public safety.

2. The police force, as a body of support of the public administration, contributes essential to the achievement of these purposes, ensuring the peaceful coexistence and the protection of people and goods and social welfare, in accordance with the law, cooperating in all that is necessary with other social actors, especially in the areas of prevention, assistance and rehabilitation.

3. The police force is an armed institution of civil nature, with structure and organization matrilineages.

Article 4 Status of members of the police before taking possession, the members of the police force have to swear or promise obedience and allegiance to the Constitution, as the Supreme rule of the legal system.

In the exercise of their functions are, to all legal effects, the status of agents of the authority.

In the case of crimes of bombings in the Commission of which they use guns, explosives or other means of aggression similar hazard that could jeopardize their physical integrity, serious, members of the police force,


they have, for the purposes of criminal-law protection, consideration of authority.

Chapter II. Principles of action Article 5 principles of action 1. Are applicable to members of the police force the following principles: first, have to comply with and enforce the Constitution and current legislation at all times.

Second: In their actions must conform to the following code of conduct: a) must act, in fulfillment of their functions, with absolute political neutrality and impartiality and, consequently, without making any discrimination by reason of race, religion, opinion, sex, language, place of residence, place of birth or any other condition or personal or social circumstance.

b) must act with integrity and dignity and oppose to any act of corruption.

c) must abide, in their professional performance, to the principles of hierarchy and subordination; in no case, however, the due obedience cannot be upheld orders that involve the execution of acts that constitute manifestations of crime or which are contrary to the Constitution or the laws.

d) should collaborate with the administration of Justice and auxiliary-in the terms established by law.

Third: with regard to relations with the community, the members of the police force: a) must stop, in the exercise of their professional performance, any abusive, arbitrary or discriminatory practice that involves physical or moral violence.

b) should have at all times a friendly and careful in his relations with the citizens, who must try and protect as long as the circumstances or circumstance are required, and provide them complete information and comprehensive as possible on the causes and the purpose of all interventions.

c) must act, in the exercise of their functions, with the decision as necessary and without delay, when it depends on avoiding a serious, immediate and irreparable, and must be guided, in so doing, by the principles of consistency, of opportunity and of proportionality in the use of the means at their disposal.

d) must use weapons only in situations where there is a risk with regard to serious life or physical integrity of themselves or of third parties and in the circumstances which may lead to a serious risk to public safety, and must be guided, in so doing, by the principles referred to in the letter c).

Fourth: with regard to the treatment of detainees, members of the police force: a) must be duly identified as such at the time of making an arrest.

b) have for the life and physical integrity of persons who are arrested or under their custody and must respect the rights, honour and dignity.

c) must comply with and observe with the due diligence procedures, deadlines and the requirements of the legal system in the arrest of a person.

Fifth: with regard to the professional dedication, the members of the police force must carry out their duties with total dedication, and should intervene always, at any time and in any place, whether or not they are in service, in defence of the law and public safety.

Sixth: with regard to the professional secrecy, members of the police force should keep strict secrecy regarding all information known by reason or on the occasion of the fulfilment of their functions, and may not reveal the sources of information, unless they comply with the fulfilment of their functions or the legal provisions.

2. The members of the police force are responsible for personally and directly from acts carried out in their professional performance in violation of legal rules or breaking, the regulations that govern their profession and the principles of action set forth in this chapter, without prejudice to the liability that may be applicable to the public administration.

Chapter III. Functions Article 6 scope of activity the police force, as a regular and comprehensive police, played in all the national territory the functions attached to the legal system.

Article 7 functions of public security police the police force exercises, in order to enunciatius and not limitatius, the following functions of public security police: a) Guarantee the exercise of the fundamental rights of citizens and public freedoms.

b) protect people and property.

c) Maintaining public order.

d) monitor and protect people, governing bodies, buildings, stores and offices, and to guarantee the normal operation of the facilities and the safety of the users of the services.

e) Monitor public spaces.

f) protect the demonstrations and maintain order in large human concentrations.

g) Provide assistance in the event of an accident, disaster or calamity, public and participate in the implementation of the plans of civil protection in a way that is determined by the law.

h) Provide assistance in the actions in the field of rescue, if it is required.

I) meeting the needs for the protection of public safety.

j) Prevent criminal acts.

k) the rest of the functions attributed by current legislation.

Article 8 administrative police performs police functions of the body, for the purpose enunciatius and not limitatius, the following functions of administrative police: a) ensure compliance with the laws approved by the General Council and of the provisions imposed by the Government.

b) Inspect the activities subject to the planning of the Government and report all illegal activity.

c) Use coercion with a view to the implementation of the provisions of the compulsory acts or Government.

d) ensure compliance with the other general provisions and ensure the functioning of essential public services.

e) Collaborate with the rest of special bodies in the collection, the treatment and the reciprocal communication of information of common interest.

f) Monitor, inspect and monitor the private security companies, their services and activities and the means and the staff in his Office, in the terms established by the legislation.

g) control the gunsmiths and firearms of all types that are in the territory of the Principality of Andorra.

h.) the rest of the functions attributed by current legislation.

Article 9 duties of Judicial Police the police force carries out the functions of the Judicial Police that correspond to in accordance with the Constitution, the law of Justice, the public prosecutor's Office Act, the law for the modification of the code of criminal procedure and other legislation.

These functions are accomplished in all cases by means of the ordinary services of the body and also by means of the organic units of the Judicial Police that can


to create the Government, on its own initiative or at the request of the judicial authorities or of the public prosecutor's Office.

Article 10 other functions the police force carries out the following functions: a) Functions of intervention in the friendly resolution of private disputes, if required.

b) cooperation and collaboration with the common Functions, such as to governing bodies of representation and administration of the parishes, according to the law.

c) other functions assigned to it, including in the field of national security.

Chapter IV. Of the units of the Judicial Police Article 11 Creation and dependency of the units of the Judicial police without prejudice to the functions of the Judicial Police that meet all the regular services of the body, including receiving complaints of citizens, the Government can create Judicial Police units formed by members of the police force trained for this purpose, under the organic dependence is established in article 95 of the law of Justice and 32 articles , 38 and 41 of this law, and the functional dependence of the judges, the courts and the public prosecutor in the exercise and in compliance with the functions that are infected.

Article 12 conditions of separation of the investigation Are members of the Judicial Police units may not be removed or separated from the research that has entrusted until the investigation is finished or, in any case, until the end of the phase of judicial procedure that originated, if not with the permission of the judge, the Court or competent public prosecutor.

Article 13 Powers of superior courts judges and functional public prosecutor have, with respect to the members of the Judicial Police units, the following powers: to) give the orders and instructions which are necessary, in carrying out the provisions of the law of Justice, the criminal procedure code and the law on the public prosecutor's Office.

b) Determine, in such orders or instructions, the contents and the circumstances of the proceedings which are interested in these units.

c) Control the implementation of these actions, in terms of form and results.

d) Can urge the exercise of disciplinary, and in this case issued reports that may require the processing of corresponding transcripts, as well as those others who deem appropriate. In these cases will receive testimony from the resolutions adopted.

Article 14 dealing with the requirements of the director of the police is the competent body for channelling the requests from the judicial authorities and of the public prosecutor, in accordance with the content of the article 3.3 of the law of this institution, so that the officials or the media of the corresponding unit involved in an investigation.

Article 15 of the Commission members for the exercise of the functions of the Judicial Police under the direction of the judges, the courts and the public prosecutor's Office, members of the police force have the character of Commissioners and may require the help of the authorities and individuals.

Article 16 specialized training members of the police force that is integrated to the Judicial Police units have to have the diploma of the Judicial Police, with the passing of the relevant specialty tests that established by the regulations. The training needed to obtain this diploma may include programs or courses of specialization and practice periods that will be organized in collaboration with the judiciary and the public prosecutor's Office.

Title II. Of the uniform, the badges and the armament chapter i. the uniform Article 17 service Dress when they are out of service, the members of the police force have to dress up the gala uniform or work. The shape and composition of the uniforms the establishes the Minister of interior at the proposal of the director of the police.

Article 18 Uniform of gala gala uniform is unique for all police officers and is dressed in the official and public events where so required, and can be used in those social events in which the circumstances call for it.

Article 19 the working uniform work uniform is used for all purposes in all types of services and presents the necessary modalities in relation to certain activities or specialties.

Article 20 dress support staff maintenance, technical or administrative personnel attached to the police force also has to go in uniform when in your workplace will project the corporate image of the body and when the circumstances so advise. This is different from the uniform of members of the police force.

Article 21 Exceptions in the port of the uniform Despite the provisions set out in the previous articles, the director of the police force may be decided that certain jobs, for needs of the service, to disabilities or physical problems or for any other justified circumstances, the members of the body may exercise their functions without the regular uniform.

Chapter II. The Article 22 members of the Currency police force, when dressed in the uniform regulatory, bring the currencies in its category in the places and in the manner established by the regulations.

Article 23 professional card identification Badges and badge-emblem are the hallmarks of identifying all members of the police force. Its form and content are set by regulatory pathway. Can be created, also by way of regulation, a distinctive card for members of the police force retired.

Article 24 the means of identifying the members of the police force to develop its functions without uniform they have to use the card and badge-emblem as a means of identification of their status as agents of the authority.

Article 25 Limitation in the use of the media to identify the members of the police force who are out of service can only use the card and badge-emblem to identify themselves when they have to act in defense of the law or of public safety.

Chapter III. The armament Article 26 Port weapon Given the character of the armed institution of the police force, civil in nature and with structure and organization matrilineages, its members have to take mandatory regulatory weapons when they are out of service. Out of service the port of weapon is optional.

Article 27 Port of weapon training period or of the police officers who are in the period of initial training or trial period may not bring in any case the regulatory weapons when they are out of service.

Article 28 of the armament


All members of the police force have to meet technical and practical form the proper use of weapons and of coercive means remaining susceptible of being used in police actions.

Article 29 Training for the purposes stipulated in the previous article, the members of the police force should receive education and training established by the regulations.

Article 30 temporary weapon Ban port 1. The director of the police can prohibit motivadament preventively tenure and the port of the weapon or weapons when the Member of the police force is of sick leave for mental reasons or when it detects that the officer has a physical or psychological problems that may negatively affect your work place or jeopardize their physical integrity or the employees.

2. While this temporary ban, the Member of the police force concerned must deposit the weapon or weapons regulations assigned to the Office of the police force.

3. The director of the police must immediately notify this situation to the Minister of the interior, which is to convene as soon as possible the Medical Committee foreseen in article 74 of this law. The Medical Committee must issue the corresponding report and propose to the Minister of interior the definitive measure that must be taken.

Title III.-the Organization and the structure chapter i. Ministry responsible. Functions and competent bodies Article 31 the Ministry responsible for the Ministry you have attributed the competences in the field of the interior, in accordance with the General objectives set out by the Government, is the body responsible for the policy of public safety of the State.

Article 32 and top management of the police force Are at the Ministry of interior responsible for the command and the top management of the police force, in virtue of which plays, in particular, the following functions: a) the senior management, the Organization, the creation, deletion or the diversification of services and functional structures that are needed, and the coordination and inspection services.

b) general planning and the monitoring and control of the implementation of the objectives.

c) the elaboration of the draft budget and its execution.

d) the drawing up of reports on matters of public order and security that are required for the exercise of certain activities, according to current legislation.

e) the preparation of studies and reports relating to the field of public safety.

f) the application and the monitoring of the statutory body officials, with the exception of the powers that belong to the Government.

g) the functions relating to the call for places, the selection, the proposal of appointment, the training, specialisation, promotion, administrative situations, the disciplinary regime and the oath or promise of obedience and allegiance to the Constitution of the body's own officials.

h.) the promotion and coordination of the police force and administrative support services to the rest of the public administration.

and) the other functions conferred by this law and the rest of the legal system.

Article 33 competent exercise of the functions referred to in the previous article, and in particular the structure and competence of the bodies and of top management of the police force, correspond to organs of the Ministry that the same Minister determines in accordance with the provisions of the law of the Government.

Article 34 law enforcement data processing Centre Will create law enforcement Data Processing Centre for the collection, on deposit, the preparation, the classification and the conservation of the information necessary for the exercise of the functions of the police force.

The structure and the functioning of the Police Data Processing Centre must conform to the provisions of the Constitution and the rest of the legal system.

Article 35 the creation of other organs and Services Regulations the Ministry can create the bodies and services necessary for the development and the improvement of law enforcement tasks relating to the coordination, information, consultation and advisory services of the police force.

Chapter II. Police Section first. General provisions Article 36 Statute of members of the police force Are members of the police force are government officials and are governed by the provisions of this law and the regulations that develop and, in everything that is not of direct application, by the law of the public function.

Article 37 structure and organization 1. The police force is divided into different services depending on the missions it has assigned to it. The Government approves the structure presented by the Minister of interior at the proposal of the director of the police, in accordance with the organizational powers that correspond to.

2. This structure is subject to modification at any time and diversification at the proposal of Minister of interior. The Minister of interior at the proposal of the director of the police can make directly the creation, modification or deletion of a short-term service.

Article 38 hierarchical Structure 1. The police force is structured hierarchically in the scales and degrees the following: a basic Scale), which includes the degree of agent and is equivalent to the Functional Group C, classification level C1, the annual salary of annex table 6 (Special Body of police) of the law of the public function.

b) Intermediate Scale, which includes the degrees of NCO and of first and second degree of NCO, which are equivalent to the Functional Group B, levels of classification B3 and B4, respectively, of the annual salary table of annex 6 (Special Body of police) of the law of the public function.

c) Executive Level, which includes the degrees of first and second officer officer, which are equivalent to the Functional Group B, rating levels B1 and B2, respectively, of the annual salary table of annex 6 (Special Body of police) of the law of the public function.

of higher Level), which includes the grades of Assistant director and curator, which are equivalent to the functional Group, rating levels A1 and A2 respectively, the annual salary of annex table 6 (Special Body of police) of the law of the public function.

The names of the degrees indicated above may be modified by the Minister responsible for Home Affairs on the proposal of the director of the police.

The announcement of the members of the police force, the process of selection and appointment are carried out by the Ministry responsible for internal affairs in the terms established by the present law.

2. The police force has the job of administrative staff,


Administrative and technical experts that may be necessary to give coverage and support to the police function, these sites are provided in the form and conditions set by the law on the public function for internal promotion between officials in the police force, and if there are, the promotion is done between officials of the general administration, and a lack of other , by the selective procedure of entry.

The statutory or contractual of this staff is regulated by the law of the public function, that is applicable in its entirety as civil servants or agents of the general administration.

For the appointment of these administrative and technical sites, it is necessary to report favourable to the Minister of interior. To this end, the end of the selection process and prior to propose to the Government the appointment of the candidate or candidates who have obtained the best overall grade of the tests referred to in article 32 of the law on the public function, the Technical Committee of Selection must inform the Minister of the interior, by sending him the results of the tests and the reports and documents required for the placement of revenue so that they can pronounce.

In addition to the observance of a conduct of a perfect dignity and of respect for the duty of discretion and of reservation with respect to the matters of which they have knowledge by reason of their duties, applicable to all civil servants, members of the police force are obliged, by reason of their function, to professional secrecy.

Article 39 functions of members of the police force 1. It is up to members of the police force to accomplish with special character, according to the respective scales, the following functions: to upper Scale): the remote, guidance, coordination, and the inspection, at the top level, of the police services.

b) Executive Level: the management of the various departments and units of the police force and, if applicable, the command of the police activity.

c) Intermediate Scale: the operating command and supervision of the executive tasks of the units, law enforcement groups and sub-groups.

their basic Level executive tasks) arising from the compliance with the: roles and functions of police command of one or more officials of the same scale in the various police services.

2. The administrative staff, administrative and technical experts of the police force to carry out, in support of the police function, tasks of the profession for the exercise of which enables the degree that has been required to enter in the body and the performance of duties that require specific knowledge and a specific academic training.

Article 40 registration of Members 1. The register of members of the police force, the responsible Ministry of the interior, which includes the places of work and the members of the body.

2. for regulation will determine the data of each Member of the body that should be stated in the record, which must refer exclusively to administrative life. The data set of every Member of the body will consist of your personal transcript.

Second section. The direction of the police Body Article 41 directly responsible for the police force has as directly responsible for a director, helped by one or more directors attached.

The director of the police force, and his delegation expressed the Deputy director, the legal representation of the body for all purposes, including the right to take legal action on behalf of the body and to represent it in the official events and in the international organizations.

Article 42 Functions and powers of The police director has all the powers and the specific competences of the body, and also that in accordance with the current regulations are necessary for the proper development of its functions.

In the exercise of their duties the director of the police force can dictate instructions, circulars or internal notes to conduct the activity and regulate the Organization and the proper functioning of the body.

Article 43 Appointment and dismissal of the director and the director or directors are appointed by the Government to freely voted out and attached the proposal of the Minister of the interior, by duly Act published in the official bulletin of the Principality of Andorra.

Article 44 provision of the Director 1. The square of the job of the director is provided free by Andorran nationality owning between designation that officials of the squares of the sites that are included in the Group A or group B classification system of the general administration, or on the Executive or higher intermediate, police force.

You can designate as a director of the body of a person who is not a Police officer, Andorran nationality, as the staff of special relationship regulated in the law on the public function.

2. The place of the job of Deputy director is provided free by Andorran nationality owning between designation that officials of the squares of the jobs included in the intermediate scale, Executive or superior of the police force.

Article 45 reserve 1. The appointment of a civil servant as a director or as a deputy director of the police Body implies the origin square up to the time of their termination and the allocation of the additional liability premium (CRA) referred to article 63, letter e), of the law of the public function.

2. When the termination occurs, the officer returns to his place of origin, and fails to register the additional liability premium referred to in the previous paragraph.

If the official concerned has taken the place of the work place of the director or deputy director over a period equal to or greater than five years, in addition to the remuneration of the work place who happens to occupy, assigned a wage premium that is called "recognition of the leadership". The amount and the update of this add-on is to establish regulations.

3. During the time that the officer takes up the director or deputy director, has the right to receive payment of their performance management and that this will consolidate in order to return after the cessation.

The third section. Provision of places. Access to and promotion Article 46 competent competition for the provision of vacancies or new creation of the police force is up to the Government at the proposal of the responsible Minister of the interior, which carries out all the processes established in the present law and performs well


the proposal for the appointment of suitable candidates. The appointments will be notified to the Secretary of State of public function.

Article 47 the minimum requirements for the provision of places to qualify for the allowance for a member of the police force have been met, in any case, the following general requirements: a) having the Andorran nationality.

b) have met 19 years and not have exceeded 35 years.

c) not be disabled for the exercise of trade or public.

d) does not have a criminal record.

e) for external requests for admission, having the qualification referred to in article 48 following for each scale.

f) Have minimum height and meet the other conditions set out to occupy the square according to the requirements established on the basis of the call for proposals.

Article 48 academic qualifications to enter the different scales of the police force is required to meet the requirements established by this law and other applicable regulations and have the relevant qualifications, in accordance with the following graduation: in higher degree degree Scale) than when the candidate to occupy a place of this scale do not belong to the body.

b) Executive Level, diploma or university degree means when the candidate to occupy a place of this scale do not belong to the body.

c secondary school or equivalent intermediate Level) when the candidate to occupy the square does not belong to the body.

of basic school, graduated Scale) or third level of basic education or training equivalent or similar.

Article 49 form of the provision of parking spaces 1. The provision of the vacant or newly created takes place: a) with regard to the basic scale, which includes the degree of agent by the selective process of admission. The progress in the degree is made in accordance with the results of the evaluation of the performance.

b) with respect to the intermediate scale, the scale and the top level executive, through internal promotion among the members of the body who are occupying a square of the same scale or less than that specified by the regulations, for the least amount of years is available also via regulatory, and in case of not being able to be covered by this procedure, the selection process for admission. The progress in varying degrees is carried out in accordance with the results of the evaluation of the performance.

2. The Heads of various services, irrespective of hierarchical category or the degree of the holder, the designated interior Minister freely on a proposal by the owner of the director of the police, after hearing the upper ends of which has to depend on the designated.

Article 50 the process of provision of parking spaces 1. The process of provision of vacancies or newly created, with the exception of the posts of director and Deputy director who will regulate separately, you must bear in mind the following general rules: 1.1. Prior to the public announcement, the vacant or newly created need to be covered in accordance with the requests of re-entry of the staff with unpaid leave without reservation, as long as the vacant square or new creation is a work of the same level of classification to the square that the officer stopped at the time of the leave of absence , and who meet the requirements for the vacant square or new creation.

1.2. The provision of the vacant or newly created, once completed the procedure of the previous section, is carried out in two phases: a) internal promotion.

b) selective Procedure of entry.

2. The requirements required to candidates to the vacant or newly created are suited to the profile of the job in question.

3. Exceptionally, the Minister of the interior may decide that the provision of certain vacant or new creation will take place only through the selective procedure of entry.

Article 51 call for internal promotion apart from specific tests for each job, the internal promotion must include the assessment of the following aspects: a) old.

b) experience and training gained from the squares occupied previously, either in training courses that are of interest to the square that has to cover either to other concepts.

c) results of the evaluation of the performance.

You can require the successful completion of a previous course.

Article 52 selective Procedure of entry 1. When vacancies or newly created are not covered by means of internal promotion for lack of concurrence of the body's own staff, or because applicants do not meet the requirements to occupy them, these vacancies or newly created must be provide by the selective procedure of entry.

2. The admission selection process requires the approval and publication by the Minister of the Interior of the bases of the corresponding call.

The bases of the call have to gather the requirements of the process of provision of vacancies or newly created and the procedure to follow in order to cover them, and must contain the basic information that you should know about the candidate that chooses to occupy them.

3. The provision of parking spaces is based on the principles of merit and ability, as a guarantee of a fair and objective assessment in order to make the people more well prepared for the work site access.

4. In the process of provision of parking places should guarantee, at the same time, the principles of publicity, equality and competition, and no candidate can not be excluded for reasons other than those set out in the present Law and the remaining provisions that are applicable.

Article 53 the selection, training and trial period 1. To organize the tests and evaluate the results to choose suitable candidates to fill vacancies or newly created has been a technical Committee of selection, that is composed of two representatives of the police force appointed by the director of the body and two representatives of the Ministry in charge of the interior appointed by the holder of the Ministry responsible for internal affairs. One of the representatives of the Ministry in charge of the interior assumes the Chair of the Technical Committee of selection, and one of the representatives of the police force acting as Secretary. When the selection process advise the Technical Committee of Selection may include external experts.

2. The end of the selection process, the selection of the Technical Committee has proposed to the Minister of interior of the candidates who have obtained the best overall grade of tests conducted in accordance with the rules of the call, so that they can proceed to the initial training process of the candidate proposed by


occupy the vacant square or new creation as a student-police. The initial training process has a maximum duration of nine months.

3. When the end of the training process, after the report of the director of the police in accordance with the staff member has passed the training period, the Minister of the interior proposed to the Government their appointment as a civil servant in the trial period.

This period of twelve months and during this time the director of the police should appreciate the ability, dedication, skills, adapting and competencies of civil servants in relation to the site. If during the trial period the officer is not evaluated favorably or there is a justified reason for the termination, the Minister of interior at the proposal of the director of the police, must be notified in writing to the person concerned the termination of their working relationship without further liability to liquidate the remuneration corresponding to the time worked.

Out of this, the civil servant is subjected to the same discipline and has all the rights and duties that, in general, established by the present law.

4. successfully Completed the trial period, the director of the police must notify the Minister of the interior to notify the person concerned and certifying the final character of the appointment, which is published in the official bulletin of the Principality of Andorra.

5. The admission of a person to the police force carries with it the obligation on its part to stay in the body for a minimum of two years counting from the end of the period of initial training; failure to comply with this commitment entails the obligation to take care of the costs of initial training.

Article 54 training Tests 1. The exams to enter the scales and degrees of the police force are practical in nature and may include tests of physical ability, aptitude, and medical knowledge, which must be set on the basis of the call for proposals.

2. Irrespective of the medical test that you can set the call, during the training process and during the trial period, or at the end of these, entrants may be subject to all necessary medical tests to check their appropriateness in the box of medical exclusions set out to enter the scale and the corresponding grade.

The medical evidence in each case is determined by regulatory pathway.

If the tests were carried out is deduced the existence of a cause of exclusion, the director of the police can come up with, depending on the severity of the disease or physical defect, the exclusion of the applicant from the selection process; in this case the Minister of interior to adopt the resolution coming from, that in no case can give you the right to compensation.

Section four. The auxiliary police Article 55 nature of hiring the Minister of Home Affairs may enter into contracts, on the legal regime of contractual temporary nature to carry out tasks in support of the police action, auxiliary police officers who are considered to be agents of the administration.

The auxiliary police officers have to have Andorran nationality and must have completed the age of eighteen and not have exceeded 20 years.

Article 56 contractual relationship Are auxiliary police officers do not have the consideration of members of the police force or of agents of authority, and are subject to a temporary contractual relationship regulated by labour legislation.

The contents and the other characteristics of this function have been set by the regulations.

The auxiliary police are not empowered to the port of firearm.

Article 57 preference in access to The Auxiliary Police Corps have preference, in accordance with what is established in the rules of the call, for the provision of vacancies or new creation of basic level members of the police force, which includes the category of agent, that will summon by the selective procedure of entry.

Fifth section. Performance assessment system Article 58 assessment of the performance the performance evaluation is a systematic process and journal that allows you to analyze and evaluate the members of the police force in their places of work in order to ensure: a) the quality, through the styles that contribute to the improvement of services provided to citizens in accordance with the objectives of the police force.

b) efficiency, obtaining the best possible results, by means of actions that encourage motivation and appropriate professional development.

The system should get an impartial information for a proper management of human resources.

Article 59 items to evaluate 1. The performance assessment system is comprised of two elements: on the one hand, specific objectives, and on the other hand, behaviors or skills that should be developed.

1.1. The objectives should be considered as a specific goals to get by the members of the body, during a certain period of time and that will detach from the functions of the job.

1.2. The competences comprise the set of abilities, skills and attitudes that are the members of the body, through which impact directly on the development of the functions of the job corresponding to the square that occupy and organizational behavior.

2. The forms and methods of evaluation of performance must be determined by regulatory pathway.

Article 60 areas of emphasis on evaluating the application of the system of performance evaluation has impact on the following areas: a) in the direction and management of services, providing qualified information that, along with the resulting from other systems of evaluation of the services, enable direct budgetary projects properly.

b) in the process of evolution of the organizational culture, by guiding the members of the body towards the development of behaviors and the achievement of results that are coherent with the aims of the police force.

c) on the promotion of the members of the body, as a recognition of the performance in the work that can be rated as a merit to qualify for places of upper-level jobs.

d) in the processes of training and professional development of the members of the body, providing information for the identification of training needs.

e) In day-to-day management, to adopt corrective measures for the members of the body that are not evaluated successfully.

The sixth section. Training Article 61 career plan the Ministry responsible for internal affairs should devise a plan of career that foresee the initial training, the specialised initial training, the


training for change and lifelong learning or continuing police staff. The career plan is approved by the Government, at the proposal of the holder of the Ministry responsible for internal affairs.

Initial Training and special article 62 1. The Ministry in charge of the interior approves the program and the duration of the initial training of the police officers presented by the director of the body and fixed the internal regime and the rules of conduct and discipline during this period.

2. The Ministry responsible for internal affairs should organize training courses, specialisation, promotion and adaptation of members of the police force, in accordance with the needs that require the deployment of the body.

3. The director of the police Body manages and runs the training budget allocated to the body.

Article 63 Expenses of training the police force assumes the costs of initial training and specialized training of members of the police force in accordance with the rules set by regulatory pathway.

The person concerned should take charge of the training expenses when does not exceed the course except the case of existence of force majeure duly justified it. It is relieved of this obligation the candidate that does not exceed the course despite his dedication and effort, according to report of the trainers who have taught.

Article 64 Obligations derived from the specialized training The Member of the police force who has followed a specialized training is required to remain at the same position that it occupied at the time of the specialized training during the following periods: a) a year if the duration of the specialized training has been one to three months; b) three years, if the duration of the specialized training has been of three to six months; and (c)) five years if the duration of the specialized training has been more than six months.

Failure to comply with this obligation in any event disable the person interested to follow another specialized training until you have passed the terms mentioned above.

Article 65 Agreements for training if necessary, in order to achieve properly the objectives of previous training, the Ministry can sign agreements or agreements with similar institutions or of another nature with other countries.

Chapter III. Relationship of job Article 66 personal template the police force is made up of a staff of personnel made up of squares of jobs listed with in the budget, classified in the stairs, the degrees and levels that are specified in article 38 of this law and the data of the register of members of the police force dependent on the Ministry of the interior responsible referred to in article 40.

The relationship of job, structured organically, it includes all of the squares of the police force. For each job, the relationship must indicate, at least, the name, grade, level, characteristics, functional content, the training needs, the Add-ons that have been assigned and the form of provisioning.

All civil servants of the police force has a personal level, which corresponds to one of the levels in which they are classified jobs.

Article 67 of the mobility Principle field of the provision of the service of members of the police force, as part of the occupation of a corresponding work site, is that of all the police force. For this reason is applicable, for the benefit of the service, the general principle of mobility and can be assigned to any of the functions pertaining to jobs that are integrated in the same professional occupation type of the place they occupy.

Article 68 special functions and transfer of place of work 1. The members of the police force may develop, partial or permanent form, other functions, out of police activities of their usual work, which by its characteristics can be considered specialties. The regulations will define the types of specialties, as well as the requirements to access it or keep it and the reward of these functions.

2. The members of the police force may request the transfer to a another place of work equal to or with similar characteristics to that of which they are the holders, without increase in salary. The director of the police accept or refuse transfer requests on the basis of the public interest and the interest of the service and according to the results of the evaluation of the performance of the applicant.

Title IV. Of the statutory chapter i. rights and duties Section first. Rights and duties in general Article 69 rights and duties the members of the police force have the rights and duties that belong as officials of the public administration, within the framework of the specific nature of their function, in accordance with the legislation in force. Have the right, in particular, to be defended in the event of a judicial process in which they are charged for actions or omissions committed in connection with the development of its functions.

The State has to protect the police officers in the exercise of their functions and the need to give the social consideration due to their hierarchy and the dignity of the police service.

Article 70 the remuneration Remuneration of members of the police force are composed of salary concepts listed in the article 63 and annex 6 of the law on public function and the additional provision of this law.

Social security and retirement article 71 1. The police officers are accommodated in the general scheme of the social security system.

2. The compulsory retirement of members of the police force takes place at 60 years, entitled to receive 70% of the wage concepts indicated in article 48.4 of the law on public function and the additional provision of this law.

3. The members of the police force have the right to retire voluntarily at the age of 55 years, with the condition that they have been at least twenty-five years of service to the body, receiving 60% of the concepts listed in article 48.4 of the law on public function and the additional provision of this law. For every year that will delay the request for voluntary retirement, the amount of the pension is increased by 2%, to reach the percentage of 70% of the concepts mentioned at 60 years.

4. From the age of 65 years, the pension received the Member of the body of retired Police is in all cases 70% of salary concepts contained in article 48.4 of the law on public function and the additional provision of this law, and is made up of the Board that their proposals in accordance with the rules


of the body responsible for social security, to which is added the premium that corresponds to the position of the general administration, without which the sum of the two pensions may in no case exceed 70% of the wage concepts indicated in article 48.4 of the law on public function and the additional provision of this law.

Article 72 permanent Training members of the police force should receive a permanent training and professional training, to ensure the proper fulfilment of their functions, in accordance with the principles of objectivity and equality of opportunity. For these purposes, you can set the mandatory attendance at certain educational activities.

Article 73 the media and members of the police force must have the means and the appropriate facilities for the fulfillment of their duties.

The media made available to members of the police force, such as vehicles, equipment and others, only can be used in the exercise of its functions and should be preserved and maintained by the members that are used with the utmost care.

Article 74 1 psychic and physical Conditions. Officers of the police force (including the administrative staff, technical and administrative technical) are entitled to a medical review every two years.

2. The members of the police force must be in the physical and psychic conditions suitable to occupy their places of work. Medical/psycho and/or review of the members of the body takes place if there are symptoms or signs are not enough to believe that the officer concerned will have earned a physical or psychological problems that may negatively affect your work or make it not suitable for the job, or that may jeopardize their physical integrity or the employees.

Before troubleshooting any of these problems, the director of the police may be decided that the Member concerned undergo a review medical/psycho and/or to determine the scope of their problem and the impact that it has or may have in the work place. The director should communicate in writing its decision due to the person concerned and to the Minister of interior.

3. The medical/psycho and/or review the effects in any case a medical Committee composed of specialists and/or technical professionals that are needed by the Minister designated owner of the interior, the operation of which has been determined by the regulations.

The Medical Committee, after previous consultation to the doctor who treated the person concerned, issue the corresponding opinion, indicating or suggesting that eventually the temporary suspension or the new place of work. In accordance with this ruling the Minister of interior may: a) the monitoring of treatment or medical prescriptions that the opinion indicated for the fulfillment because of the functions for a certain time, susceptible of renewals; b) the temporary suspension of the Member concerned of the workplace that is if the treatment does not follow properly or medical prescriptions are not respected; or c) the adaptation of the Member concerned to a new job that can develop properly, with the corresponding adaptation of the salary structure to the new place of work.

If the Member of the police force concerned refuses to undergo the medical/psycho review and/or the Minister of the interior can also arrange motivadament, with data and elements available, the suspension of the Member concerned of the site that is for a period not exceeding six months, or the adaptation of a member of the body concerned to a new job that can develop correctly , with the corresponding adaptation of the salary structure to the new place of work.

4. The Medical Committee has also indicated to examine the function members of the police force to submit medical certificates or situations likely to modify working conditions, such as the inability to perform night work or other. In these cases, the Member of the police force concerned must request in writing a change in working conditions that prompt and attach the medical certifications as it deems appropriate, and should be examined by the Medical Committee, which has issued the mandatory opinion binding.

5. The members of the police force may be declared in a situation of reform when, after the medical discharge and in accordance with the medical/psycho review and/or that they practice: a) the situation of disability or the situation resulting from the medical/psycho review and/or prevents them from performing the functions of the position of the square of what are the headlines , but are trained to exercise the functions of another job, preferably of the police force, or of the general administration.

b) despite being able to exercise the functions of the position of the square of what are the headlines, the situation of disability or the situation resulting from the medical/psycho and/or review, preventing them from carrying out the full work day.

The statement of the situation of the reform and the subsequent assignment of a member of the police force in the new place corresponds to the Minister of interior.

The Member of the police force in a situation of reform, you are guaranteed the maintenance of the fixed remuneration received prior to the Declaration of the status of the reform. To this end, the Minister of interior has to assign the difference between that amount and the perceptions that if assigned by the body responsible for social security.

Article 75 professional activity 1. The members of the police force must be effective and permanent domicile and residence in the Principality of Andorra.

2. The members of the police force, in a situation of active service and suspension, can not exercise other professional activities other than their status as civil servants or in the public sector or in the private sector, with the exception of the following, provided they are carried out outside the working hours: to) those resulting from the management of one's own family or heritage , as well as collaborating in the family business of parents or partners, provided that the staff member does not register any kind of remuneration and do not have direct contact with the public.

b) participation in congresses, conferences, seminars and courses, in quality of speaker or trainer, by reason of the place it occupies in the general administration.

c) production and literary creation, artistic, scientific and technical, as well as the publications that arise as long as this production and creation, as well as the publications are not contrary to the provisions of article 60 of the law of the


public function.

d) The academic research activities, quality of researchers by reason of the place they occupy in the general administration.

e) exceptional Activities for specific cases authorises the Government by Decree, in the conditions set in the permit.

f) activities related to cultural organisations, charities or sports, as long as it does not register any kind of remuneration.

Article 76 Conference and working hours Are members of the police force must strictly adhere to the day and the hours of work are determined by regulatory pathway. In emergency situations, out of necessity or on the occasion of exceptional services you can mobilize the staff out of service under the conditions to be established, in order to ensure compliance with the legislation or the implementation of the media imposed by the need or require service.

77 article Permissions and holidays 1. Due to the characteristics of the police force, the granting of permits and the distribution of periods of holidays and days of recovery or compensation are adequate to the needs of the service.

2. The grant or refusal of administrative permissions corresponds to the director of the police by the procedure established by regulation. The decision to grant must be notified to the Secretary of State of public function.

3. Have been set annually every day of compensation of the members of the police force. These days correspond to public holidays or other that will benefit the rest of the general administration and in which members of the police force are required to work by reason of the service. The Member concerned may not enjoy these days of compensation if you have been on sick leave for illness.

4. All members of the police force are entitled to thirty-five calendar days of paid vacation each year. The holiday period is not made during the calendar year to which it relates, and at the latest until 31 January of the year immediately following, you cannot collect in later years, except in specific cases duly justified, after the report of the director of the police. The Minister of the interior may regulate the regulations the particularities of the police force in the area of tourism.

Article 78 of Commission services 1. Unless specific layout will be completely dissociated from the police function the Member of the police force who is on secondment, with suspension of the powers as a member of the body correspond to, and shall deliver to the director of the police weapon, the professional, the plate-emblem and facilities available throughout the duration of the secondment in Services Committee.

2. In order to be assigned on secondment the Member of the body has to make at least a period of two years that occupies your place of work, and the duration of the secondment in Services Committee must also be of a maximum of two years, with possibility of extension for two more years, after which you will have to return to their place of work.

3. The assignment of a member of the police force in Services Committee, provided that there is agreement, the Secretary of State of public function at the proposal of the competent body.

4. The assignment of a member of the police force in Services Committee is subject to the public interest and the proper functioning of the Organization and of the service, after the report of the director of the police.

Article 79 of absence the members of the police force are on a leave of absence when temporarily separated from active service compulsory or voluntary for any of the circumstances set out in article 42 of the law on the public function, with the following differences: a) the leave of absence for particular interest is subject, in all cases, not only in the public interest but also the proper functioning of the Organization and of the service.

b) the Declaration of the leave of absence of members of the police force is approved by the director of the police, who notified the statement to the Secretary of State of public function.

Article 80 Re-entry re-entry to active duty of members of the police force on leave is made in the manner, conditions and effects set out in article 43 of the law on the public function, with the particularity that the resolutions on the re-entry of officials on leave of absence is approved by the director of the police, who notified the resolution to the Secretary of State of public function.

Second section. Trade union rights Article 81 establishment of trade union organizations Are members of the police force have the right to set up trade union organizations to defend their interests, as well as affiliate and participate actively, with the limitations laid down in this law.

Article 82 Affiliation Are members of the police force can only be joined unions formed exclusively by members of the same body.

Article 83 the exercise of labour rights 1. The exercise of the right of syndication and the Trade Union action on the part of members of the police force has the respect of the fundamental rights and public freedoms recognized in the Constitution and, in particular, the right to honour, privacy and self-image, as well as the credit and reputation of the police force, public safety and the same officials and the guarantee of professional secrecy.

At the same time will be the limit, to the extent that they can be violated by the exercise of this right, the basic principles of operation of the article 5 of this law.

2. In accordance with the prominent interests established in the present Law that protect the body from the police and to the object of ensuring the provision of their services, which do not support interruption and are essential to the community, the members of the police force may not play in any case, the right to strike or concerted actions of this right or substitutions that may disrupt the normal operation of the services.

3. The right of demonstration has to exercise always without bringing the regulatory arm or the uniform.

Article 84 the registry and form trade union associations 1. Trade union associations formed by members of the police force to the provisions of the legislation have been signing up for the purposes of advertising in the register of associations referred to in article 8.2 of the qualified law of associations. Then must be deposited at the Ministry of interior responsible for the founding act, by-laws and the proof of their entry in the register of associations for the purpose of exercising the functions that are


recognised in articles 85, 86 and 87 of the present law.

2. The statutes must contain at least the following information: a) name of the Association.

b) specific purposes of the Association.

c) home.

d) organs of representation, Government and administration and operating standards, as well as the provision of elective positions, which will have to adjust to democratic principles.

e) requirements and procedure for the acquisition and loss of the status of affiliate, as well as the modification of the statutes and dissolution of the Trade Union Association.

f) the Organization's economic regime that establishes the nature, the origin and the fate of its resources, as well as the media that allow affiliates to know the economic situation.

Article 85 the rights of trade union organizations legally constituted trade union organizations have the right to formulate proposals and raise reports or direct requests to the competent bodies of the State, as well as in the representation of their affiliates before the competent bodies of the public administration.

Will be considered as representatives of the trade union organizations of police those officials who belong and have been formally designated by the governing body of these organizations in accordance with their respective statutes.

Article 86 of the trade union organizations, trade union organizations meet Responsibilities of acts or resolutions adopted by their statutory bodies in the sphere of their respective competences.

The trade union organizations respond to the actions of their affiliates when those occur in the regular exercise of the functions of representative or will test that affiliates acted on behalf of the trade union organizations.

Article 87 the exercise of trade union activity, The trade union organizations have the right that they provide a venue for the exercise of their activities, at the premises to be determined.

Union representatives must have the necessary conditions to attend the activities of its function in the manner and time that regulations are established.

The third section. The advice of the police Article 88 the Council Functions of the police, under the chairmanship of the holder of the Ministry responsible for internal affairs or the senior politician who this person is delegated, is the representative body of the Government and peer of the members of the body.

89 article Attributes the functions of the Board of the police are: a) The mediation and conciliation in the event of collective conflicts.

b) participation in the establishment of the conditions of service of civil servants.

c) the formulation of motions and the evacuation of consultations on matters related to professional status.

d) the issuance of reports in the disciplinary files that are instrueixin to the members of the body to very serious offences and all that instrueixin to representatives of trade unions.

e) the issuance of the previous report and the Act on the general provisions relating to the matters referred to in this article.

f) the study of modernization of methods and working techniques.

g) the presentation of proposed measures relating to the personnel policy of the body.

h.) the other attributed to it by the laws and general provisions.

Article 90 the Board Composition of the police is made up of a minimum of three and a maximum of five representatives of the Administration that designated the holder of the Ministry responsible for internal affairs and for a minimum of three and a maximum of five representatives of the members of the police force. In any case, the number of representatives has to be joint.

Article 91 the members 1. The representatives of the members of the police force on the advice of the police are the ones who are the choices that have been made to this effect in the conditions and development that must be determined.

2. the elected representatives lose this condition by any of the following causes: a) expiry of the term of Office.

b) loss of a civil servant.

c) Death.

d) Resignation, which should be expressed and communicated to the competent body before which the senior management representation.

92 article election of representatives elections of the representatives of members of the police force on the advice of the police are made through personal, direct and secret suffrage among the members of the body.

Article 93 the mandate and rules of operation 1. The term of Office of the representatives on the Board of the police is of four years of the proclamation of the elected candidates. In case of vacancy, this is covered automatically, if the person concerned agrees to the post, by the candidate who is ranked next in the respective list, including two substitutes. If you are just before the deadline and the proclamation of the elected candidates has not taken place, it is understood that the term of the previous members is extended until the proclamation of the elected candidates.

2. The Minister in charge of the interior approves the rules of the inner workings of the police.

3. the Board of the police adopts its decisions by majority. In case of a tie, the Chairman has a casting vote.

Chapter II. Honours, rewards and bonuses Article 94 distinctions, rewards and bonuses 1. Officers of the police force (including the administrative staff, technical and administrative technical) can be distinguished or rewarded if you seen any of the circumstances or one of the cases to be determined by regulation. All the honours and rewards granted must include in the personal file of the official and should be appreciated as to merit in the contests of provision of places of work. They can also be taken into account in the process of provision for free appointment and promotions.

2. The officials of the police force (including the administrative staff, technical and administrative technical) can receive bonuses not consolidables for extraordinary services. The Minister responsible for Home Affairs gives, at the proposal of the director of the police, these perks in extraordinary situations to define via regulation.

3. You can give to foreign authorities and persons who are not part of the body the distinctions that the regulations are established.

Chapter III. Disciplinary Section first. General provisions Article 95 applicable Scheme The disciplinary regime applicable to members of the police force is established by this law, without prejudice to any civil or criminal liability that may be incurred.

Second section. Fouls Article 96 kinds of faults


The faults committed by members of the police force in the exercise of their functions can be very serious, severe and mild.

Article 97 very serious offences Are very serious offences: a) the breach of the duty of allegiance to the Constitution in the exercise of their functions.

b) all that means discrimination by reason of race, sex, religion, language, opinion, place of birth or neighborhood or any other condition or personal or social circumstance.

c) the hindrance of the exercise of public freedoms and trade union rights.

d) The inflicció of torture or ill-treatment, the instigation to commit these acts or failure to collaborate or tolerate them, and also any abusive, arbitrary or discriminatory action that involves physical or moral violence.

e) Any conduct or activity constitutes a fraudulent criminal infringement.

f) any act of trespass or bribery and failure to prevent it or denounce it.

g) strike, the exercise of this right, substitutions of actions or by appointment that may disrupt the normal operation of services, the public rally bringing the regulatory arm or the uniform and the abandonment of service.

h.) the publication or the improper use of secrets official declared by law or qualified as such, and the violation of professional secrecy.

and the fact of bad faith) to cause, serious damage in the heritage, the assets of the Government or other public administration.

j) the loss of the guns or the fact that they are removed, inexcusable negligence.

k) the concealment or alteration of a test with the purpose to harm or to help the accused.

the) counterfeiting, theft, simulation or destruction of documents of the service under your own custody or any other civil servant.

m) find themselves in a situation of drunkenness or consume drugs or psychotropic substances, toxic drugs for the service and the fact of refusing to the relevant checks.

n) The erosion of the rights of detainees or prisoners guarded and the fact of providing them toxic drugs, narcotics, psychotropic substances, saved in cases of prescription, or alcoholic beverages.

recidivism in Committee or) three serious offences during the period of one year.

Article 98 serious offences Are serious offences: a) The disobedience superiors in the exercise of its functions and the fulfilment of the orders received.

b) on The individual or collective to authorities or who commands depends on the occasion of the disobedience to legitimate instructions given by them.

c) the denial of aid and the lack of urgent intervention in any fact in which the performance is required or advisable.

d) misuse of the regulatory arm.

e) serious consideration and respect or demerits of manifest towards superiors, peers, subordinates or members of the public.

f) acts, the demonstrations and the behaviors that infringe the dignity of civil servants, against the image of the body and against the prestige and consideration due to the organs of the State.

g) the cause, for negligence States, serious damage to property and the property of the Government or other public administration.

h) breach of the obligation to give account of any matter that you have to know by reason of their functions.

and any breach of the duty of the professional backup) with regard to known issues by reason of the functions assigned to it.

j) in an administrative procedure if there are legally established reasons for abstention.

k) the performance with abuse of powers to the detriment of the citizens, if not it constitutes a very serious.

the) The consumption of alcoholic beverages being of service and the fact of refusing to the relevant checks.

m) loss of the credentials and the fact of the theft, negligence and inevitable.

n) the use of the material or service vehicles out of the exercise of their functions.

or) loss of material from the service or its serious deterioration by neglect or lack of care.

p) do not keep the residence and the effective address in the Principality of Andorra.

q) The refusal to submit to the medical review referred to the article 74.2.

r) the third lack of attendance without justified cause within a period of six months.

s) the loss of the guns or the fact that they are removed, for simple negligence.

t) the glitz of the regulatory arm of the credentials of the position or the status of an agent of the authority without any cause to justify it.

u) the breach of the rules on incompatibility set out in article 75.2.

v) lack of performance States, settled and not justified, if it constitutes ongoing behavior or results in serious damage to the public or the effectiveness of the services.

x) recidivism in the three offences in the three-month period.

and breach by you) in general, gross negligence of duties and obligations derived from the function.

Article 99 offences Are offences: a) The incorrectness towards superiors, peers, subordinates or members of the public.

b) the delay, negligence and carelessness in the performance of the functions or of the orders received.

c) The lack of collaboration with the members of other bodies of the public administration, in cases in which they have to pay in accordance with the legislation in force.

of) the fact to bypass the regular duct set to make any request or claim, except in case of emergency or physical impossibility.

e) the loss of the credentials and the fact of the theft, simple negligence.

f) the misuse of badges of Office.

g) neglect in personal presentation.

h) neglect in the maintenance of the premises, the equipment and the service of documents, if not produced serious damage.

I) the breach of the working day without justified cause.

j) The repeated offences punctuality within a month without justified cause.

Article 100 Induction or cloaking misspellings Are members of the police force to induce others to do acts or behaviours constitutive of disciplinary lack incur the same liability that guest.

The members of the police force that encobreixin the consumades very serious offences and incur a lack of a lower degree.

The third section. Penalties Article 101 taxable Sanctions 1. By the Commission of very serious offences can impose any of the following sanctions: a) the separation of the service.

b) suspension of features up to a maximum of two years, with loss of the corresponding remuneration.

Together with the imposition of some of the sanctions mentioned in the


previous sections you can impose the obligation to pay the value of the lost or damaged material.

2. for the Commission of serious offences can be imposed, jointly or alternatively, any of the following sanctions: a) the suspension of features up to the maximum of six months, with loss of the corresponding remuneration.

b) transfer to another place of work, with a change of destination, which can lead to reduction of remuneration if the fault committed is unrelated to the work place.

c) the obligation to pay the value of the lost or damaged material.

3. For the Commission of offences can impose any of the following sanctions: a) the suspension of features up to fourteen days, with loss of the corresponding remuneration.

b) a caution in writing.

c) proportional deduction of the remuneration Committee, to fines of punctuality and attendance.

d) the obligation to pay the value of the lost or damaged material.

4. Cannot impose sanctions that consisting of the reduction of the duration of the holiday or on another reduction of the rest of the official rights.

The sanction may not under any circumstances lead to violation of the right to the dignity of the person.

Article 102 Gradation of sanctions 1. For graduated sanctions, in addition to the commissions or omissions that have been produced, it is necessary to take into account, in accordance with the principle of proportionality: a) the background.

b) intentionality.

c) disruption of services.

d) the damage to the administration or to the administered.

e) recidivism in the Commission of offences.

f) The degree of participation in the Commission or the default.

g) the importance for public safety.

Section four. Disciplinary procedure Article 103 processing of the record 1. You cannot impose penalties for very serious offences, serious or minor, if it is not under a record instructed for that purpose. The processing of the file should be guided by the principles of sumarietat and speed, but in any case there can be no vulnerability.

2. Express and written request of the Member of the police force concerned will be able to bypass the instruction of the case and take appropriate sanctions resolution, if this shows his conformity with the facts lack committed and the corresponding sanction.

3. The imposition of sanctions set by this law corresponds to the director of the police with regard to the sanctions arising from the Commission of offences, in the person of the responsible Ministry of the interior regarding the sanctions corresponding to the serious offences, and the Government for the sanctions arising from the Commission of very serious offences.

4. The sanctioning resolutions must notify the Secretary of State of public function.

Article 104 the sanctioning procedure 1. The procedure starts automatically the immediate of the Member concerned or the director or deputy director of the police force will conduct qualifying offences or serious offences respectively.

2. In the case of qualified behaviour of very serious offences, the director of the police force has to communicate, by means of a written report, to the Minister of interior for starting the disciplinary record.

3. The appointment of instructor corresponds to the competent authority to initiate the file according to the seriousness of the fault committed. The instructor should abstain in cases established by law and in case of not doing so can be recusat.

4. The resolution of the processing of the disciplinary record and the appointment of an instructor must notify, in writing, to the Member of the police force subject to the transcript.

Article 105 of the record 1. The penalties for offences that involve only a written reprimand may be imposed by the director of the police force without any other formality than hearing or written allegations of the person concerned, within a maximum period of one month from the beginning of the file.

2. During the instruction of the disciplinary file for the remaining offences, for serious offences or for very serious offences, the instructor of the case should organise the practice of all the proceedings that are suitable for the determination and checking of facts, and in particular all those tests, can be taken by any means admissible in law, which may lead to competition and to the determination of the responsibilities subject to sanction.

3. If the practice of the proceedings resulting in the workplaces can constitute a serious (in the case of a file followed initially by mild is missing) or very serious (in the case of a file started by serious), the instructor should raise the matter to the director of police disciplinary Body and inform of this fact the Member of the police force concerned.

4. All Public Administration bodies are obliged to provide the instructor of a disciplinary file the reports required for the development of their performances.

5. In view of the actions carried out and within a maximum period of two months for the minor offences, three months for serious offences and four months for very serious offences, counted from the beginning of the file, the instructor must formulate the corresponding charges, which must include the facts charged with expression of the faults allegedly committed and the sanctions that apply to you.

6. The charges must notify a member of the police force concerned, which has a period of ten working days to answer it with the allegations it deems appropriate for its defense and with the contribution of all the documents that it deems appropriate. In this procedure must request, if you love fit, the practice of testing understanding necessary for his defence.

7. Answered the crease or after the deadline without doing so, the instructor of the case may order the practice of the evidence requested that judge opportune and must report to the person the subject of the file. For the practice of testing has a maximum period of one month.

8. After the proceedings set out in the previous sections, the view is given to a member of the police force concerned, within a maximum period of ten working days, alleged in the conclusions it deems necessary for its defense.

In cases of disciplinary files instructed to very serious offences and all that instrueixin the representatives of the trade unions will also view the transcript instructed the Council of the police because, in the period of ten working days, you can issue the report referred to in article 89 of) of this law.

Article 106 of the file Resolution


1. The competition to dictate the resolution corresponds to the director of police for the offences, the Minister of interior for serious offences and the Government for the very serious offences.

2. After the deadline granted to the view, the allegations and the report of the Board of the police referred to in section 8 of the previous article, the maximum term for the resolution, whether they have made allegations and has been delivered the report of the Board of the police or not, is fifteen working days for minor offences , 30 working days for serious offences and forty-five working days for very serious offences.

3. The decision of the competent body must be motivated and can include facts other than those which have served as a basis to the schedule of charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it has to determine accurately the need is estimated to be committed, the precept and the norm in what appears the collection is missing, the name of the Member of the police force sanctioned, and the sanction to be imposed.

4. Against the resolution that imposes the sanction can intrude the resource in the terms provided for by the code of the administration.

107 article precautionary measures at the beginning of the procedure of a disciplinary record who is instructed by a serious or very serious to a member of the police force, or during the procedure, the competent body may, as a precautionary measures, the temporary suspension or secondment to another workplace, measures that may lead to the temporary loss of the uniform , the weapon and the credential.

At the time of resolve about maintaining or lifting the precautionary measures, you have to assess the severity of the acts committed, the specific circumstances of each case and the personal record of the official expedientat. The resolution in which they agreed to impose or extend provisional measures must be motivated.

The period of suspension cannot be more than the total of the penalty that may be imposed by the alleged missing task. The time spent in temporary suspension or a precautionary measure will be counted in the execution of the penalty of suspension of features that, in short, it can impose on the record sanctioning.

Article 108 suspension of perception of remuneration 1. During the temporary suspension of the Member of the police force concerned fails to perceive the concepts specific to premium and premium salary specialty, to the effect that in accordance with the resolution until the sanctioning procedure.

2. The provisional suspension interrupted, at the same time, the course of time of service to the Body so that they may have right to the voluntary retirement.

3. The time of the provisional suspension and lack of perception of rewards during this period will be calculated, where applicable, for the purpose of the sanction of suspension of features or of loss of the corresponding remuneration, respectively.

4. If there is no place in the imposition of sanctions, or the sanction does not involve loss of remuneration, these are paid to the Member affected, with the corresponding legal interests. If the sanction does not involve suspension of features, the time of the duration of the temporary suspension counted as an active service for all purposes.

Article 109 effects of suspension of features the suspension of features, either as a sanction, either as a preventive measure, entails temporary deprivation of the exercise of the functions, the withdrawal of the weapon and of the regulatory, the prohibition of use of the uniform, if applicable, and the prohibition of entering the offices of the police without authorization.

Article 110 effects of sanctions 1. Disciplinary liability is terminated by the fulfillment of the sanction, to death, to pardon, to Amnesty and by prescribing the lack or sanction.

The very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of two months.

The sanctions imposed for very serious offences prescribed in four years, the imposed for serious offences in the two years and those that are imposed for minor offences within two months.

The calculation of the period of prescription of the fouls start since it makes the lack and is interrupted, in any case, for the initiation of the disciplinary record. The period of prescription of the sanction starts counting from the day after the day on which firmly acquires the resolution which imposed the sanction.

Compliance with the deadlines established prescription involves the cancellation of the corresponding actions in the personal file.

2. disciplinary sanctions to be imposed on members of the police force will have to score in the register of members of the police force referred to in article 40 with indication of the faults that have motivated.

The sanctions must be canceled ex officio and, in any case, does not count for the purposes of recidivism, when following deadlines have passed from the resolution that has imposed: a) a year in the case of minor offences.

b) two years in the case of serious offences.

c) four years in the case of very serious offences when have not led to the separation of the service.

Fifth section. Initiation of criminal proceedings against a member of the police force by the same facts that may result in the processing of disciplinary proceedings Article 111 processing of the dossier in case of judicial proceedings, the initiation of criminal proceedings against a member of the police force did not prevent the processing of disciplinary proceedings for the same facts, if applicable.

However, the final resolution of the matter can only be produced when the judgment handed down in the criminal area is tight, binding to the Administration's claim of proven facts. The precautionary measures that may be adopted in these cases can last until the final decision by the arbitrator in the judicial procedure. Are applicable, in any case, the provisions contained in articles 107 and 108.

Additional disposal given the permanent nature of the missions of protection of the free exercise of rights and freedoms and to guarantee public safety that you have assigned to the police force, which must be exercised in any circumstance, time and situation, without exception, the members of the body will receive as a reward be consolidated in the remuneration structure a monthly amount equal to two percent (2%) of the amount in force at the time of the base salary of the level Functional classification of the Group C table C1 of annual salary of annex 6, Special Body of police, of the law of the public function.

Transitional provisions


The first 1. The members of the police force that entered the Body before the August 21, 1989, and that they were in a situation of active service or in Services Committee at the time of the entry into force of the law on the public function, of 15 December 2000, retain the right to retire voluntarily after fifteen years of service , receive a retirement pension of 30% of the concepts listed in article 48.4 of the law on public function and the additional provision of this law. For every year that will delay the request for voluntary retirement, the amount of the pension is increased by 2%.

2. The police admitted after the August 21, 1989 and they were in a situation of active service or in Services Committee at the time of the entry into force of the same Law maintained the right to retire voluntarily after twenty years of service, registering a 40% of the concepts listed in article 48.4 of the law on public function and the additional provision of this law. For every year that will delay the request for voluntary retirement, the amount of the pension is increased by 2%.

3. The police deposited after the entry into force of the law on public function and before the entry into force of this law the police have the right to retire voluntarily after twenty years of service, registering a 40% of the concepts listed in article 48.4 of the law on public function and the additional provision of this law. For every year that will delay the request for voluntary retirement, the amount of the pension is increased by 2%.

4. In all cases, for the years of service will continue to apply to salary concepts of article 48.4 of the law on public function and the additional provision of this law to register members of the body, the retention of the 2% that has been doing until now.

Second, the members of the police force, which until now have been part and contributed to the voluntary retirement programme, maintain the right to register the specific pension corresponding to the period of early retirement or voluntary and the general who are responsible in accordance with the rules of the Caixa Andorrana de Seguretat Social.

Third Are members of the police force who have entered prior to the entry into force of this law may be welcome, if they wish, to the provisions on voluntary retirement set out in article 71 of the law, taking into account the retention that has been practiced for all years of service, in the form and terms established by the regulations.

Four members of the police force and the administrative and technical agents who entered the Body before the entry into force of this law shall maintain the right to receive the payment of the extraordinary one-twelfth of the salary when they reached 20 years of service to the body. From the age of twenty-two years of service this extraordinary payment also is part of the calculation for the retirement.

Fifth members of the police force at the entry into force of this law are attached to the area of Criminal Police of the organisational structure of the body previously in force are automatically integrated with the degree and level that corresponds to the new unit of the Judicial Police that the Minister of interior to create in application of the provisions of article 11 of this law without the need of having to overcome the specialty tests referred to in article 16 of the law.

Six police officers who, after the entry into force of the law on the public function, occupy jobs in Services Committee situation, have a period of three years to return to the place of place of work from which they came.

Seven cases pending disciplinary to the entry into force of this law shall be regulated by the foregoing, unless the of this rule are most beneficial.

The statutes of the trade union organizations eighth in the enter into force of this law, you have to adapt, in that that is necessary, the content of this law, within a period of one year from the entry into force of the same.

Ninth in relation to the register of members of the police force established in article 40 of this law, the Secretary of State of public function must send to the Ministry responsible for inside all files and data of members of the police force of which it is depositary within a period of three months from the entry into force of the law.

Repealing the emblems of the Andorran Police organic of 3 July 1989, published in the official bulletin of the Principality of Andorra No. 18 of the 21 August 1989 and, likewise, all the rules of equal or lower rank that conflict with the provisions of the present Law or versus offline.

Final provisions First the Government has to approve and publish the regulations necessary for the development and the implementation of this law within a period of one year from its entry into force.

Second law of the public function, of 15 December 2000, is applicable in all matters not expressly foreseen in this text.

Third The present law of the police force in the Principality of Andorra comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, 27 May 2004, Francesc Areny Casal 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.

Jacques Chirac Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra