Law 9/2004, of 27 May, of the public function of the administration of Justice (LFPAJ) since the General Council in its session of 27 May 2004 has approved the following: Law 9/2004, of 27 May, of the public function of the administration of Justice (LFPAJ) preamble The High Council of Justice has actively participated with the collaboration of the Government, because the administration of Justice with a proper legal framework that enables it to consolidate aspects of current management to be more innovative and develop the actions before the challenges of management and organization that you believe in the near future.

This transformation of the administrative activity on justice is achieved with the commitment and involvement of its human resources. For this reason, it is considered that the administration of Justice has motivated people to develop their professional life in public and tasks with the ability to adapt to the permanent organizational changes continued the implementation of the purposes of the judicial power and the new times demand it, particularly in an international context. It is the employees of the administration of justice are professionals who use it as a framework for action the fairness, efficiency and effectiveness and to enjoy the respect of the citizens.

The design of new systems of human resources management, together with an equitable remuneration policy, in which prevail the organisational responsibilities that are developed, are necessary elements to motivate officials of the administration of Justice and involve them in the projects of modernization.

So far, the situation has been dominated by a first stage with a dispersion of pre-constitutional rules on personnel and with procedures and management systems similar to those applied to general administration, and by a lack of widespread definition of the role that it should have the administration of Justice in the management of its staff.

Subsequently, the entry into force of the law on the public function, and specifically of the title IV, of the regime of the public function of the administration of Justice, and the eighth transitory provision (regulation of the public function of the administration of Justice) establish the desire that the administration of Justice with a proper regulation of its public function, within a holistic and general parameters and criteria for the entire public administration.

The law faces the regulation of the regime of the public function of the administration of Justice using premises, on the one hand, the statutory nature of the legal relationship of employment of its staff, and on the other hand, incorporating your own system of articulated credit, advanced administration, which supports the General values that must guide the administrative action.

Both conditions lead to recognize, as the guiding principles of the public function efficiency, professionalism, neutrality and fairness.

The above principles are found in the various titles and chapters of the law, by recognizing the stability of civil servants depend on their performance; the regulation of the matter is carried out through the following structures: a system of entry and promotion objective; a classification system and adapted to the administration of Justice and its evolution and sufficiently flexible to adapt to functional or organisational criteria and process criteria that, at the same time, facilitates the professional development; a remuneration system ordered and equitable; a system of evaluation of the performance related to the objectives of the Administration and the skills of its employees; and a regime and disciplinary procedure that will guarantee the actions of the administration of Justice respecting the rights of employees.

Title i. General provisions Article 1 object, scope and range of the law 1. This law is intended to establish a regime of the public function of the personnel of the administration of Justice, without prejudice to the rules of the law of the public function that you are directly applicable.

2. the system established in this law applies to the staff of the administration of Justice which maintains a relationship of employment to the High Council of Justice, to the Council, the Court of Corts, the Superior Court of Justice and the Prosecutor General. Does not apply, therefore, to members of the High Council of Justice, the judicial or public prosecutor.

3. The precepts of the second chapter of title II of the law regulating the system of provision of places that establishes the integration of the civil servants has the rank of law. The rest of its provisions has the rank of ordinary law.

Article 2 legal decisions in the area of personnel 1. In all that is not expressly foreseen in this law, the agreements and resolutions on the subject of personal fit, regarding the procedure and in the form, to the regime established by the code of the Administration and the rules that complement and develop.

2. The resolutions and agreements in the field of personnel can go in accordance with the following regime: a) Are given by the Superior Council of Justice, in revival in front of himself, within thirteen days.

b) Are given by the presidents of the Supreme courts, the Court of Corts and the Batllia and the Attorney general, in front of the High Council of Justice, in the same period.

3. Against the resolutions of the Superior Council of Justice that resolves resources in terms of staff there is no appeal of the administrative jurisdiction, in accordance with the rules governing that jurisdiction.

Article 3 governing bodies responsible for the administration of Justice, The governing bodies of the administration of justice are responsible for promoting the content of this law, to dispose of human resources to ensure, with efficiency and quality, the provision of public services to citizens.

In the field of the administration of Justice, the General Secretariat of the High Council of Justice is the body responsible for the specific application of this law, its regulations and the impulsion of the applicable management systems in the public service of the administration of Justice.

Article 4 register of the personnel of the administration of justice the registry staff of the administration of Justice, dependent on the General Secretariat of the High Council of Justice, part of the jobs, officials of the administration of Justice, officers of


the administration of Justice and staff of special relationship.

At the same time, by regulation must determine the data that must be recorded in the register of the personnel of the administration of Justice, which must refer exclusively to administrative life.

Title II. Regime of the public function in the administration of Justice chapter. Classification system Article 5 characteristics of professional classification system The ranking system is an instrument of rationalisation and organisation of the work and of the provision of services of the civil service of the administration of Justice.

The organizational classification system is designed to adapt to the objectives that the administration of Justice set at all times, in order to provide the best response in the management of public services.

The system identifies the scope of the provision of the civil servants and the rights, linked to the sites, which have their owners.

Article 6 Elements of professional classification system the elements that make up the ranking system are the following: a) functional groups, or segments of homogeneous organisational content, which grouped the jobs by reason of the function that is being developed in accordance with criteria of organizational assessment.

b) Professional Occupations type, or grouping of jobs with similar functions, which allow you to identify, through the site that integrates, intensities of different responsibility within a same content.

c) workplace, or professional employment, which defines the organizational content of the provision of services of the personnel of the administration of Justice.

d) budgeted number of occupations, or Square of a given workplace that are valued.

e) level of professional classification or position that is assigned to a job in the system of classification, according to your organizational content.

Article 7 groups, professional occupations and classification levels 1. The system of professional qualification of officials of the administration of Justice includes three functional groups, called 1, 2, and 3.

to 1), the group integrates the legal Secretary jobs that perform the functions that the book the law of Justice, attached to the High Court of Justice, the Court of Corts, the Batllia and the Prosecutor General.

b) Pack 2 includes the sites of official work, with specialised technical knowledge, acquired by academic training or through experience, are the immediate collaborators of the Secretary in the processing of judicial proceedings, or in the administrative sphere, and in the management of the performance of junior officials.

c) Pack 3 integrates the work sites of the auxiliary, the nuncis and auxiliary staff and general support, which carried out its work in the field tecnicoadministratiu of the procedural, or administrative fields and services.

2. All places of work of the administration of justice are assigned a classification level and are placed in a functional group and in a professional occupation types. Every job can have one or more parking spaces valued.

3. jobs are classified into 7 levels of classification.

Article 8 authority to classify jobs The High Council of Justice is the body responsible for classifying jobs in the administration of Justice at the proposal of the General Secretariat of the High Council of Justice, which analyzes the work description, assign the level of professional classification or modify the existing one and then proceed to the registration in the register of the personnel of the administration of Justice.

Article 9 functional Manual of professional occupations type The Superior Council of Justice approves the functional Manual of professional occupations type of the administration of Justice, prepared by the General Secretariat of the High Council of Justice, which identifies and describes the professional groups, professional occupations type, the jobs that are integrated, and the mission, the purposes and the requirements needed for their performance.

Article 10 procedure for the classification of functional Manual jobs of professional occupations type of the administration of Justice establishes the procedure to be followed for the classification and, if this is the case, the review of the work and the powers that this process should be the people who have to participate.

Second chapter. The system of provision of first section. The system of provision of parking spaces in the administration of justice officials Article 11 General requirements Who want to apply for a position as a civil servant in the administration of justice must meet the General requirements established by law of the public function for the provision of any civil servant, and specific steps that are required to occupy the square in question , which are stated in the conditions of the call.

Article 12 criteria for provision of places in the administration of Justice The provisioning process of the vacant or newly created, with the exception of the place of the Secretary general of the Higher Council of Justice, which regulates in the next section, is included in the planning of human resources who have to elaborate the General Secretariat of the High Council of Justice , based on the needs of the Government organs of Justice, which are approved by the Higher Council of Justice and sent to the Government in the budget-making procedure.

The process of provision of vacancies or newly created must bear in mind the following general rules: a) The vacant or newly created should be covered in the first place in accordance with the requests of re-entry of personnel on leave of absence 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 left in the time of the leave of absence, and that meet the requirements for the vacant square or new creation.

b) the provision of the vacant or newly created, once completed the procedure of the previous section, if any, is carried out on a regular basis in two consecutive stages: internal promotion and selection procedure of entry. However, the Superior Council of Justice can decide, when it deems appropriate, that the provision of certain vacant or newly created will bring


out only by means of selective procedure of entry.

c) In the planning of human resources, the necessary measures will be adopted to encourage people with disabilities to access the vacancies or newly created, in accordance with the current regulations in the area of disabilities.

Article 13 Conditions of the 1. The selection process for the provision of places of the administration of Justice, both in providing external and internal promotion, requires the prior approval of the Higher Council of Justice and the publication of the corresponding call.

2. the basis of the call are the public document that includes the requirements of the process of provision of the service, informs you of the selection procedure it will follow, and contains the basic information that you should know candidates who choose to occupy the places.

3. The deadline for submission of requests for external provisioning requests will not be, in any case, less than 15 working days counting from the day after its publication in the official bulletin, and can be cut in half the internal promotion competitions.

Article 14 Technical Committee of Selection 1. To organize the tests and evaluate the results to choose suitable candidates to fill vacancies or newly created, you have to set up a technical Committee of Selection.

2. In the case of the selection of court clerks, the Technical Committee is integrated by the following members: two members, at least, of the High Council of Justice, appointed by this, one of which acts as president and another as Secretary.

The president of the Council or the appropriate court in the square that has been covered, or the Attorney general, whether it is people of the public prosecutor; or the Mayor, judge or Assistant Prosecutor who delegate respectively.

Two magistrates and, facultativament, the Secretary general of the Higher Council of Justice.

3. In the remaining cases, the Technical Committee is composed of the following members: the president of the Council or of the Court who depends on the square that has been covered, or the president of the High Council of Justice or the Attorney general, when depends on these, the Chair. Can delegate, respectively, in a mayor, judge, Member of the High Council of Justice, or Assistant Prosecutor.

A judicial Secretary appointed by the president of the Council or of the Court who depends on the square that has to cover, or an official of equivalent rank appointed by the president of the High Council of Justice or the Attorney General, when depends on these, which acts as Secretary.

The Secretary general of the Higher Council of Justice.

4. When the knowledge or skills required for the proper employment of the circumstance square, or the appropriate application of selection techniques make this necessary, the Technical Committee of Selection may include external experts in the administration of Justice.

Article 15 proposed appointment 1. Once the selection process, the Technical Committee of Selection proposes to the Superior Council of Justice the appointment, in the trial period, or of the candidates who, having successfully the process mentioned, have obtained the best overall grade of tests conducted in accordance with the anticipating the announcement.

2. The Higher Council of Justice appoints in probation officials that may be proposed by the Technical Committee of Selection. This appointment is registered in the register of the personnel of the administration of Justice.

3. The number of candidates does not exceed in any case of the vacant or newly created you have to cover.

4. The candidates who, having successfully passed the test, have not gained admission, may be declared by the High Council of Justice in a situation of backup, in the event that any of the selected candidates did not accept the position, or does not exceed the period of test, or to occupy a new vacancy in the same category as it occurs within a period of one year , from the reservation statement.

5. The General Secretariat of the High Council of Justice is the body responsible for managing task and program activities within the selection process for the provision of vacancies or new creation of the administration of Justice.

Second section. General Secretariat of the High Council of Justice Article 16 Appointment and termination 1. The person who occupies the position to direct the General Secretariat of the High Council of Justice is appointed and cessada freely by the High Council of Justice, by means of agreement published in the official bulletin of the Principality of Andorra.

2. If the appointed has the status of a civil servant or agent of the administration of Justice, the appointment implies the origin square until the time of his dismissal as Secretary, and the allocation, if any, of additional liability premium. If you don't have this condition, it is home to the regime of the personnel of special relationship.

Third chapter. Acquisition and loss of civil servant Article 17 acquisition of the status of civil servant 1. As a civil servant in the administration of Justice is acquired by successive compliance of the following requirements: a) Overcoming in the selection process.

b) Appointment in trial period, by the Superior Council of Justice.

c) acceptance of the obligations inherent in their work place, by oath or promise before the president of the Council or of the Court who have to rely on organically, or the president of the High Council of Justice or the Attorney general, in the case of places that depend organically from these.

2. The appointment of a civil servant is it for a trial period of twelve months duration for the revenue officials and six months, at the most, for internal promotion. If during this period the officer is not evaluated favorably or there is a justified reason for cessation, the Superior Council of Justice report in writing to the person concerned the termination of their working relationship, without any further obligation than to liquidate the remuneration corresponding to the time worked.

3. If the officer had agreed to place through internal promotion, when it does not exceed the period of test, or do not wish to the new Plaza during this period, it will return to its previous square, which will be kept in reserve.

4. Once you have successfully completed the trial period, the president of the Council or of the Court who depends on the officer, or the president of the Council


Of Justice or the Attorney general when the case may be, I communicated to the High Council of Justice which declares the final character of the appointment, it notifies the applicant and the registration in the register of officials of the administration of Justice.

Article 18 loss of civil servant as a civil servant in the administration of Justice is lost by any of the following reasons: a) waiver of the official written b) loss of Andorran nationality c) death of) dismissal, in accordance with the provisions of this law prescribes e) sentenced to capital punishment or accessory that switching to fulfill the functions corresponding to the place of work.

Article 19 Resignation 1. The resignation is the termination of the working relationship on the part of the official voluntarily, processed in accordance with the provisions of this law.

2. The waiver must be made by writing to the Secretary general of the High Council of Justice, with a minimum of three months of the date on which you have to take effect.

3. The resignation of civil servants do not disable to attend again in a place of work of the administration of Justice, through the participation in the process of external selection.

Article 20 Dismissal 1. Officials of the administration of Justice can only be dismissed for the reasons set out in this Act and in accordance with the procedure envisaged.

2. When a resolution of farewell is declared null and void by the Appeals Court, or officer who has been the subject has the right to charge all the remuneration that has ceased to register during the period of separation of the square and the recognition of this period as a time of services rendered, to all intents and purposes, and you can choose between : a) rejoin to active duty, in the same square that occupied or to another identical conditions, if that is covered by an officer permanently.

b) resigned as a civil servant, with the right to receive compensation that has been set in accordance with the regulations established by the officials of the general administration, and it will not be, in any case, less than a monthly fee per year of service in the administration of Justice, including in the calculation the period between the date of dismissal and the date of the resolution which declares the inadmissibility.

The fourth chapter. Situations of officials Article 21 Leave with reservation 1. Officials of the administration of Justice have the right to ask for the reservation with leave under the same circumstances that the law of the public function set for general administration, and with the same effects.

2. Civil servants on leave of absence with reserve must apply for re-entry to active duty within a maximum of three months from the date of removal from Office that led to that situation, and they can go back to active service within thirty calendar days following the application for re-entry. The lack of request for reinstatement within three months to the end of, or lack of return within thirty days after the request, shall be considered, for all purposes, such as to waiver of the condition as a civil servant of the administration of Justice.

3. The requests for leave of absence with reserve and re-entry to service is aimed at the General Secretariat of the High Council of Justice. The Declaration of the leave of absence and re-entry in active service are approved by resolution of the Superior Council of Justice.

Article 22 Leave without reservation 1. Officials of the administration of Justice may request leave without reserve when they have paid at least five years of active service since the payment or from the re-entry of a leave of absence of the same nature. The granting of leave is subject, in all cases, to the needs of the service.

2. During the period of absence the officer is not entitled to receive any remuneration as a civil servant in the administration of Justice. The time of absence without reservation does not compute as a service time to no effect.

3. The return to active duty of civil servants on leave who do not have reservation takes place on the occasion of vacant or newly created square, in accordance with the chronological order of the requests. The lack of incorporation into the new place assigned within thirty calendar days following the date of the notification is deemed, for all purposes, as a waiver of a civil servant.

4. The request for leave of absence without reservation and re-entry to service is aimed at the General Secretariat of the High Council of Justice. The Declaration of the leave of absence and re-entry in active service are approved by resolution of the Superior Council of Justice.

Article 23 Suspension The suspension situation can only be declared by the High Council of Justice to the causes and the effects and limits that are established by law of the public function.

Article 24 Retirement officials of the administration of Justice access to retirement in the same circumstances and conditions that officials of the general body of the general administration.

Chapter five. Rights of officials of the administration of Justice Article 25 general rights, officials of the administration of Justice have the rights recognized in this law and, in particular, the following: a) A fair deal and respectful on the part of superiors and colleagues.

b) to the stability of employment and, therefore, not be fired for a cause different from any of the provided for in the law and in accordance with procedures that are established and to the rules that develop.

c) to receive a remuneration in accordance with the classification level of the post of the place they occupy and the remuneration policy as defined by the administration.

d) not to be discriminated against for reasons of birth, race, sex, origin, religion, opinion or any other personal or social condition.

e) to be informed about the object, the organisation and the functioning of the Department to which they are attached, and in particular about the powers, obligations and responsibilities that are assigned depending on the work place.

f) to the protection of the use of the nominative information about each one of them that the High Council of Justice has in its records, as well as the access to that information, to obtain certifications when they wish, as well as to correct any mistakes materials.


g) to receive training courses and professional update, in accordance with the programs you plan the High Council of Justice, and taking into account the training needs resulting from the performance management system.

h) to participate, individually or through associations or professional organizations, in improving the administration of Justice.

I) to be defended and to demand that the administration of Justice claim the civil and criminal responsibility of individuals who endangers his life, their integrity, their dignity or that of their family or personal property, or that defame or injuriïn in any way, all this with the development of its functions.

j) That the Government guarantees the coverage of civil liability arising from the fulfilment of their professional performance, when this responsibility is not individually attributable to qualified acts of wrongdoing.

Article 26 administrative permits 1. Officials of the administration of Justice, provided that public service reasons do not exist that prevent it, have the right to get paid and unpaid administrative permits, paid proportionally, in the same circumstances and conditions that officials of the general body of the general administration.

2. The High Council of Justice is the body competent to grant or deny the permission, with preliminary report of the president of the Council or the Court of which depends on the officer that the request, or of the Attorney general, in the case of the officers of the public prosecutor. You can delegate this right to the body that has issued the report.

3. The Higher Council of Justice may establish special procedures for the processing of all or some of the administrative permissions.

4. Obtaining administrative permissions involves reservation by interested parties; If after the period of the official permission will not be returned to its place, it is considered that there has been neglect of the service.

Article 27 Holidays 1. Officials of the administration of justice are entitled to 25 days of paid vacation each year, or the proportional amount corresponding to the time worked, when it is lower.

2. The Higher Council of Justice determines the regulations the criteria and conditions that will be taken into account for the fixing of the holiday, with the previous report of the presidents of the Council and of the courts and the Attorney general.

3. The period of holidays is not made during the calendar year in which correspond and, as a maximum, up to 31 January of the following year, you cannot accumulate in later years, except in the event that the official has not enjoyed the holidays due to the needs of the service and at the request of his superior.

Chapter six. Obligations and incompatibilities Article 28 duties, officials of the administration of Justice should exercise the functions that are attributed with loyalty, efficiency and technical objectivity, and guided by the ethical values of public service neutrality, impartiality and integrity; and in particular, have the following obligations: a) to respect and abide by the Constitution and the legal system; respect for the institutions of the Principality, and not make statements or acts that harm the good name.

b) to maintain the political neutrality in the exercise of its functions.

c) Meet the full-time and the timetable.

d) Apply diligently legitimate instructions that emanin of the superiors, framed within the scope of their functions.

e) collaborate in the execution of functions and/or additional work that, in case of need, the higher request, provided that they are similar or compatible with your workplace.

f) Save book about the issues that know by reason of his work, and to ensure the safety of securities and the documents that have to charge him.

g) Keep a responsible for attention, cordiality and good deal with the public, the superiors, subordinates and co-workers.

h) forgetting to take part in the development of issues in which you have an interest personally, or his relatives up to the fourth degree of consanguinity or second of affinity, and in the case of court clerks, in the cases provided by the law of Justice.

I) disseminate the knowledge and skills acquired in seminars, courses and other studies funded by the administration of Justice.

Article 29 Incompatibilities officials of the administration of Justice in situations of active duty or suspended may not exercise other professional activities other than those deriving from their status as civil servants, nor in the public sector or in the private sector, except those which the law of the public function declare compatible, or exceptional, for specific cases , authorise the High Council of Justice, and as long as they are carried out outside the working hours.

Article 30 Hours 1. Civil servants have a duty to respect the working hours which are indicated by his superior, in accordance with the general scheme that the Superior Council of Justice.

2. The work schedule can be subject to shift and adapt to the needs of the service. The more hours worked, compared to the usual daily dedication, will recover with free hours in the same quarter, saved whether guards or stay, which are paid.

Article 31 Stay and guard The specific regime of stay and guards in what is subject the staff of the administration of Justice is fixed by agreement of the Superior Council of Justice.

Chapter seven. Article 32 retributive system salary Structure 1. The remuneration of officials of the administration of Justice is composed of the following wage concepts: a) remuneration Base. Paid at the workplace on the basis of the group to which the official belongs.

b) premium of site. Paid at the place of work, depending on the level of classification. Their amount is the difference resulting from the Group and assigned to the corresponding level.

c) premium for improvement. Gives back the professional development in the workplace, depending on the performance of the official owner of a place of this job, measured in accordance with the performance management system. Is perceived with fixed character and their minimum and maximum amount is established by the corresponding level at the work place.

of) premium old. It consists of an amount equal to all the servants, for every three years of service in the administration of Justice.


The time of service rendered as a civil servant in the general administration will be counted for the purposes of the preceding paragraph, provided that the break between the termination of the civil service relationship in question and the income in the service of the administration of Justice does not exceed three months.

e) premium additional responsibility. Gives back the functions assumed provisionally and temporarily in a higher level job, for as long as necessary, and as long as the assumption of the functions above.

To be entitled to the provision of services and also to charge it is required the authorization of the Secretariat of the High Council of Justice, with prior agreement of the High Council of Justice, and in accordance with the established requirements.

f) other concepts. The regulation of compensation systems should identify and describe other salary and non-salary concepts not included in the previous concepts, as a result of circumstances in the workplace, on the Organization of work and reimbursement of expenses.

The concepts included in this section are compensated only when the staff member occupies a place in a workplace that has been assigned, and will not be consolidated in the wage structure, since they are paid as a variable concepts of salary, in twelve payments, and only when you generate, as they no longer perceive when you end the causes which led to the creation or change of place of work.

2. The remuneration set out in the sections of the a) e) before they appear in thirteen monthly payments: twelve payments, plus a special payment in the month of December. The thirteenth payment is prorrateja, if this is the case, depending on the time of active service of the year.

Eighth chapter. Performance management system Article 33 goals and elements of the system 1. Performance management is a systematic process and newspaper that allows to evaluate the performance of officials of the administration of Justice in the squares, in order to ensure the quality and effectiveness of the work and achieve an objective information for a proper management of human resources.

2. The performance management system includes the evaluation of the behaviors or skills should develop (evaluation of merit) and that will fix for the jobs.

Article 34 system Applications performance management system has impact on the following areas: a) In salary compensation, in recognition of the performance improvement through the add-on.

b) in the promotion of officials of the administration of Justice, as a recognition of the performance in the work that can be rated as a merit in the promotion in places of upper-level jobs.

c) in the processes of training and professional development, to provide information for the identification of training needs.

d) in day-to-day management, to adopt corrective measures for those officials who are not evaluated successfully.

e) in the process of evolution of organizational culture, to target officials and the commands towards the development of behaviors and the achievement of results consistent with the purposes of the administration of Justice.

Chapter nine. 35 Article mobility mobility Principle the field of the provision of employment of the officers of the administration of Justice is of the entire administration of Justice. That is why the official holder of a place can be assigned, for the benefit of the public interest, the functions corresponding to any of the other jobs that are integrated in the same professional occupation type of what square is the owner.

Article 36 Relocation of officials 1. The relocation is the change of the staff member, on the initiative of the Superior Council of Justice, to a another place of work.

2. Relocation is mandatory when existing public service reasons, those reasons cannot be given by volunteer nomination of officials.

3. The relocation of officials of the administration of Justice should be done in places of equal or similar features, within the same functional group, except when relocating come imposed as a result of a disciplinary sanction.

4. The application of the relocation is the responsibility of the Superior Council of Justice, at the proposal of the president of the Council or of the Committee concerned, or of the Attorney general, or the Secretary general of the Council, when it is the case.

Article 37 Transfers 1. The move is the change, on the initiative of the interested party, from the official site of what holds a square of a job equal to or with similar features, and does not imply an increase in salary.

2. The General Secretariat of the High Council of Justice to handle requests for transfer of the officials concerned. Transfer the agreed the High Council of Justice, with the previous report of the president of the Council or the Court concerned or the Attorney general or the Secretary general of the Council, when it is the case.

Article 38 of Commission services 1. For needs of the service and for a period not exceeding two years, the administration of Justice may assign a staff member, as long as it is agreed, in a place other than that of which he is the owner. When this assignment the officer concerned perceives the remuneration of the work place to which it corresponds the square which happens to occupy, except if this site has assigned a lower remuneration.

2. If the Commission services should be extended, this extension can be made effective only once, for a period not exceeding one year and with the acceptance of the official concerned.

3. You can authorize as Commission services, with the prior consent of the interested parties, the secondment of staff, for a certain time, in other public administrations, both national and foreign, for development or learning of functions of public interest.

4. The temporary assignment can be requested by either the official concerned or the Administration, and the conditions of the assignment must be set to the same resolution that authorize.

5. The Commission services are resolved and authorized by the Superior Council of Justice, with a previous report of the president of the Council or of the Committee concerned, or of the Attorney general, the Secretary general of the Council, when it is the case.

Article 39 inscription of the mobility of officers resolutions relating to the mobility of civil servants have to score in the


Personal record of the administration of Justice.

Tenth chapter. Disciplinary Article 40 disciplinary Liability 1. Officials of the administration of Justice can only be disciplined for breach of their duties when this breach is establishing disciplinary fault.

2. the Commission of a lack implies the requirement of disciplinary responsibility by imposing the appropriate sanctions.

3. The disciplinary responsibility is required at both the author of the missing as well as the other officers who have induced, labor or the undercover Commission.

4. The requirement of disciplinary responsibility is understood without prejudice to civil or criminal liability that may be incurred by the officials ' breach of its obligations and its obligations.

Article 41 disciplinary procedures 1. It is missing all disciplinary action or omission which means the breach of duties, and obligations of civil servants, and is classified as such in this law.

2. The faults are classified as minor, serious and very serious.

Article 42 offences are considered offences: a) the unjustified breach of the working hours.

b) the lack of assistance from day one, without authorisation of the superior or without justified reasons of force majeure.

c) the use of equipment and/or materials on the service for personal matters or for another purpose outside the service.

d) The negligent or incompetence in the use of documentation, materials and office equipment that is not serious.

e) the little care or attention to the instructions of superior in the fulfilment of the functions of the job.

f) do not attend with punctuality and repeatedly at meetings or training courses that have been summoned by the superior.

g) incorrectness with the public, the superiors, subordinates and/or colleagues.

h) not disseminate the knowledge and skills acquired in courses, seminars and other training activities and studies funded by the administration of Justice.

Article 43 serious offences are considered serious faults: a) the abuse of authority in the exercise of the functions of the job, making use of the powers of its own or of the assets and resources of the Government for purposes unrelated to the functions attributed to it.

b) indiscipline or lack of due obedience to superiors and the authorities.

c) tolerance of superiors with respect to the Commission of serious or very serious misdemeanours of subordinates.

d) cause damage to the culposos property of the administration.

e) Any action or omission that causes damage to the manifestly illegal administration of Justice or to the public and does not constitute very serious lack.

f) do not maintain political neutrality in the exercise of its functions.

g) the lack of performance in the workplace, or the qualification of insufficient performance, when it is in operation the performance management system.

h.) The serious desconsideració with the public, the superiors, subordinates or colleagues.

and The severe disruption of the service).

j) lack of reservation with respect to the matters of which it becomes aware of the functions of the job.

k) the actions or omissions designed to evade the schedule control systems or to prevent that are detected are unwarranted breaches of the working day.

the) the Commission of three offences over a period of a year.

m) Exercise professional activities incompatible, when the fact is not very serious is missing.

n) The negligent behavior or repetitive ignorance that affect so remarkable the operation of the service.

o) allow continuity in the provision of services of an agent of the administration of temporary character, once completed the maximum duration of the contract.

Article 44 very serious offences are considered very serious offences: a) the conduct constitutes an offence related to the service.

b) all discriminatory performance for political reasons, religious, racial, sex, or any other condition or personal or social circumstance.

c) the hindrance of the exercise of public freedoms.

d) does not respect or not to abide by the Constitution and the legal system; does not respect the institutions of the Principality, or make statements or acts that harm the good name.

e) Any action or omission that causes very serious damage to the manifestly illegal administration or to the public.

f) unjustified abandonment of the service for more than three consecutive working days.

g) find themselves in a State of intoxication or under the effects of narcotics on the exercise of the functions of the job.

h.) the repeated performance failure of work assessed through the performance management system.

and) the lack of discretion and reserve with respect to the matters that are known by reason of the work place when cause serious prejudice to the administration or to the public.

j) Cause damages to the goods of the administration.

k) Receive donations, advantages or privileges of any kind for himself or for a third party, by reason of the service.

the) the Commission of three serious offences over a period of a year.

m) Exercise activities incompatible, public or private, when this exercise to obstruct the fulfilment of the obligations of a civil servant or compromised their impartiality and independence.

Article 45 disciplinary Sanctions the sanctions that may be imposed by reason of the fault as established in the preceding articles are the following: a) To the Commission of a mild Admonition: writing.

Temporary suspension of features and loss of wages for a maximum period of fifteen days.

b) For the Commission of a serious: compulsory Relocation to another work site, with adaptation of the salary structure to the new place of work.

Temporary suspension of features and wages for a period of 15 days to a month.

Resignation from the position of command, with the corresponding adaptation of the salary structure to the new place of work.

c) by the Commission of a very serious: temporary suspension of features and wages for a period of one month to six months.

Dismissal and disqualification, temporary or definitive, to provide services in any other place of work of the administration of Justice.

The sanction for a very serious failure can lead to Additionally the sanction of relocating and/or of dismissal provided for serious offences.

Article 46 graduation of disciplinary sanctions the graduation of the disciplinary sanction, within the limits provided for in the preceding article, it is taking into account the following criteria: a history of the official


job responsibility corresponding to the place that occupies severity of damage caused to the Administration and/or any third party debut, degree of participation in the same number missing, or reiteration in the Commission of disciplinary procedures.

The eleventh chapter. Disciplinary procedure Article 47 competent bodies 1. It is competent to order the opening of disciplinary records the Secretary general or the Secretary of the corresponding court in the case of qualificables conduct of minor offences; or the president of the Council or the Court of which depends on the official subject to file, or the president of the High Council of Justice or the Attorney general, when depends on these, in the case of serious offences.

When you try to qualificables behaviour of very serious offences, the president of the Council or the Court of which depends on the official subject to file, or the president of the High Council of Justice or the Attorney general, when on depends on, you have to notify the Superior Council of Justice to start the disciplinary record.

2. It is competent for the resolution of the disciplinary record: a) the Superior Council of Justice, in the case of serious or very serious offences.

b) the president of the Council or of the Court who depends on the official expedientat, or the Attorney general or the president of the High Council of Justice, in the case of minor offences.

Article 48 Opening of the record 1. The disciplinary procedure starts automatically the competent body, either on its own initiative or as a result of denunciation.

2. In the same resolution of the transcript shall appoint an instructor, you have to be an official of the administration of Justice that takes up a job with a higher classification level the employee object of the disciplinary process.

3. Initiated the procedure, the authority that ordered the opening of the case may provisional measures as it deems appropriate, in order to ensure that the disciplinary investigation, normal service and the effectiveness of the resolution that might fall. Among these measures, it may be decided, when deemed necessary, the suspension of the civil servant expedientat, with the effects and within the limits for this measure provides for the law of the public function.

Article 49 of the record 1. The instructor must practice all the proceedings that are suitable for the determination and verification of the facts and all the evidence that could lead to competition and to the determination of the responsibilities subject to sanction.

2. All the organs of the administration of justice are required to provide the necessary reports and history instructor and personal media and materials that you need for the development of their performances.

3. In a period not exceeding one month, for minor offences; two months for serious offences, and three months for very serious offences, starting from the opening, the instructor needs to formulate the charges, you must understand the relationship of the facts that is allocated to the expedientat and the lack or faults that may constitute, as well as the penalties that may apply. If the instruction on it turns out that the facts established might constitute a fault for which the authority has ordered the opening of the transcript was not competent, the instructor should raise the matter to the authority competent to consider and inform the officer of this fact.

4. The charges shall be notified in the official expedientat, and must be granted a period of ten working days to answer it with the allegations it deems appropriate. In this procedure you have to request, if appropriate, the practice of testing that think necessary for their defence.

5. Once answered the charges, or after the deadline without doing so, the instructor may proceed to the practice of the proposed tests that judge appropriate, encouraging the denial of those that do not are, and you can practice the other tasks that seem relevant. Notify the official expedientat the place and the date in which you practice tests, so that you can attend, if necessary, and if you think fit. For the practice of testing the instructor has a period of one month, which may be extended for another month, at most, at the request of the instructor, by agreement of the authority that has ordered the opening of the file.

6. After all the formalities provided for in the preceding paragraphs, the instructor writes a proposal for resolution and gives a view of the file to the expedientat officer in order that, within a period of ten working days, you can claim anything it deems convenient.

7. Once received the allegations referred to in the preceding section, or once after the deadline referred to without allegations, the instructor elevates the case to the competent body to resolve it.

8. The terms listed in this article may be carried over to the half of his time by the same instructor.

Article 50 resolution of the record 1. The resolution that puts an end to the disciplinary file must dictate the competent body within a period of twenty working days from receipt of the file, in the case of minor offences, and 30 working days in the case of serious or very serious offences.

2. The decision must be motivated. Do not include facts other than those which served as the basis for the specification of charges, without prejudice to the legal assessment that you do.

3. The competent body for resolution may return the matter to the instructor for the practice of the proceedings that it considers essential for the resolution.

In this case, before returning the matter to the competent body for resolution, the instructor returns to give a view of the file to the expedientat officer, for a period of ten working days, in order that alleged that it deems convenient.

4. The resolution must determine, where appropriate, a lack that is estimated to be committed, the precept in which the identity of the responsible and score appears, the sanction is imposed. You must also make appropriate statements according to which provisional measures have been adopted.

5. The resolution uses the administrative. When is to impose penalties is susceptible of appeal court in the manner and for the terms stipulated by the law of the administrative jurisdiction. In the notification to the person concerned has expressly state in front of those who stand the appeal and the deadline for doing so.

Article 51 Annotation of sanctions 1. Disciplinary sanctions are imposed they should be noted in the register of


The personnel of the administration of Justice, with indication of the fault or faults that led to.

2. The sanctions have to be canceled ex officio in the record of the administration of Justice and, in any case, does not count for the purposes of recidivism when following deadlines have passed from the date of the decision that has been imposed, or confirmed when the person concerned has exercised the right to appeal: a) a year in the case of minor offences.

b) two years in the case of serious offences.

c) three years in the case of very serious offences, when have not led to disciplinary dismissal.

Article 52 the termination of the disciplinary responsibility disciplinary liability expires the fulfillment of the sanction, the death of the official or the prescription of the lack or the sanctions.

Causes of extinction of the disciplinary liability established in general by the officials of the public administration by law of the public function.

If during the instruction of the procedure there is the loss of the status as a civil servant of the interested party, the competent body should dictate a resolution that declares the procedure has expired and has been to sort the file of the proceedings, except that any interested party urge the continuation of their studies. However, the loss of the status of non-official releases of civil liability and penalty for fouls committed during the time in which the officer has been in active service.

Article 53 prescribing fines and sanctions 1. The faults prescribe after four years if you are very serious offences, after two years if they are serious offences, and two months if they are offences. The period of limitation starts counting from the date of granting.

The period of prescription of the fines is interrupted by the initiation of the disciplinary record.

2. The penalties prescribed in any of four years imposed for very serious offences, after two years in the case of penalties for serious offences, and two months if they are penalties for minor offences.

The period of limitation starts counting from the day after the day it is issued the resolution to impose sanctions.

Chapter XII. Occupational health and social action Article 54 passive Benefits will be granted to the officials of the administration of justice the right to passive benefits of retirement, in identical conditions that officials of the general body of the Government, and subject to the same regime of incompatibilities in the perception of the passive benefits.

Article 55 occupational health and prevention of risks 1. The Superior Council of Justice promotes the improvement of the conditions of employment of its staff, aimed to prevent, avoid or reduce the possibility of damage deriving from work.

2. The Administration of Justice ensures your staff, in coordination with the services of the general administration, periodic monitoring of their State of health as a preventive measure to prevent occupational hazards. The only surveillance is mandatory when it comes to verify if the State of health of the worker may constitute a risk to himself, for colleagues, or for users of the administration of Justice, and must be carried out respecting the right to privacy of the person concerned.

Chapter 13. The Advisory Committee 56 Article creation in the field of the administration of Justice, the High Council of Justice has created the Advisory Commission, as a collegiate body for consultation and participation on public function, and to approve the rules of the Organization and of its operation.

Article 57 the Advisory Committee Composition is made up of the Secretary general of the High Council of Justice, which the Board; three members of the staff of the administration of Justice, one for each functional group, appointed by the High Council of Justice, and three representing the staff, designated by their representative organisations or associations.

Article 58 Functions the Advisory Committee reported, with mandatory but not binding, on the draft law or rules that have a direct relationship with the public function of the administration of Justice.

At the request of the Higher Council of Justice, the Advisory Committee reports on those topics related to the public function of the administration of Justice which may be consulted. Also, and on its own initiative, may suggest to the Superior Council of Justice the adoption of measures aimed at improving the functioning of the administration of Justice, the conditions of work and others of a similar nature.

Title III. Diet of the agents of the administration of Justice and of the personnel of special relationship Article 59 Agents of the administration of Justice Are agents of the administration of justice the people in this administration service subject to a contractual relationship, which may be temporary or indefinite. The staff of special relationship is governed by the provisions of chapter II of title III of the law of the public function.

Article 60 Agents of the administration of Justice of indefinite 1. Can be equipped with agents of the administration of Justice of indefinite places reserved for officials of the administration of Justice that have not been covered by the processes that regulates the second chapter of title II.

2. The selection of the agents of the administration of Justice of indefinite aims to incorporate suitable candidates through the application of an objective selection process and appropriate to the requirements of the work place. Must be subject to rules that guarantee equality, advertising and competition.

3. It is applicable to agents of the administration of Justice of indefinite, with the necessary adaptations to the contractual relationship, the content of: rights duties and incompatibilities remuneration system performance management system and disciplinary procedure regime mobility occupational health and social action that regulates the title II of the law on the public function of the general administration for the officials.

Article 61 Agents of the administration of Justice of possible character can hire agents of the administration of Justice of any character in the cases expressly provided for by the law of the public function, and by the time the top and with the remaining conditions that are also provided.

Article 62 the personnel of special relationship is personal special relationship defined by article 93 of the law of the public function. The staff of special relationship is governed by the provisions of chapter II


of title III of the aforementioned law of the public function.

Additional provisions First. Handbook of professional occupations type The High Council of Justice, at the proposal of the General Secretariat of the High Council of Justice, must approve, in the period of one year from the publication of the present law, the functional Manual of professional occupations type of the administration of Justice.

Second. Amounts of salary concepts 1. In the administration of Justice, the amounts of the remuneration base, the place and the maximum of the complement of improvement are those listed in the annex to the law.

2. The value of each monthly payment for three years referred to in the letter d) of point 1. of article 32 was calculated in an identical manner to that of the general administration, applying at least the annual increase of the consumer price index (CPI) of the Principality of Andorra.

3. The law that approves the budgets of each exercise should be set increases all salary concepts included in the salary structure set out in article 32.

4. The concepts of the base salary, the place, the old plugin improvement premium and also the concepts of variables salary established by the future regulation of compensation systems should have, for the economic values, always the same increase.

Third. Performance management system manual The Superior Council of Justice should determine the time in which they have to implement the system of performance management. Their implementation requires the prior approval of a Manual of the performance management system in the administration of Justice, that contains the methodology that should be applied.

Fourth. Reciprocity for internal promotion staff of the administration of Justice and the staff of the general administration can participate either in the announcements made by internal promotion to fill vacancies or newly created of both administrations.

Transitional provisions First. This add-on of absorption officials of the administration of Justice to which the application of the system of remuneration foreseen by this law represents a decrease of the fixed remuneration, retain that perceived at present with the exception of antiquity, which is respected in accordance with the provisions of the second transitional provision of the law of the public function with respect to the staff complement of antiquity. For this purpose, it creates an absorbing that contains gaps that exist in favor of the official remuneration structure arising from the above.

The absorption, by its very nature, is compensated and absorbed, in accordance with the criteria that, in accordance with the salary ranges and the degree of absorption, established by the law of the budget for each financial year; the compensation and the absorption mentioned are paid with future increases of the concepts of the new system, and when promoted to top-level jobs places on the square of what each person is the owner.

The absorption must appear in the payroll with this name and is perceived in thirteen of the same payments amount.

Second. Services Commission officials of the administration of Justice which, on the entry into force of the law, occupy jobs in Services Committee situation in the general administration, have a period of three years to apply for: a) to return to the place of place of work from which they came.

b) ascribe to the square of the workplace that are dealing in Services Committee. In this case, they can perceive only the remuneration that are assigned to the work place referred to.

Third. Integration of the work of management officials of the administration of Justice which, on the entry into force of this law shall occupy jobs in the direction of the general administration, maintain the remuneration and conditions of place of work prior to his appointment when they no longer hold the position of Director, which occupy in the general administration and returned to their place of origin in the administration of Justice , and applies the provisions of article 35 of the law on the public function.

First final provision of the articles of the law on the public function that are not of direct application and the provisions that develop that law, apply supletòriament to the staff of the administration of Justice. In these cases, the references to the organs of the public administration are understood replaced by the Superior Council of Justice.

Second final provision this law 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.

Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra Annex of the law on the public function of the administration of Justice professional remuneration Structure Basic Level classification Group Classification classification based on minimum Band Add-on site Premium remuneration improves Hand 21,066.14 7,899.80 28,965.94 14,482.97 43,448.91 17,274.23 4,529.22 21,803.45 10,901.73 32,705.18 17,274.23 1,685.30 18,959.53 9,479.77 28,439.30 1-maximum 2 B C 17,274.23 17,274.23 8,637.12 25,911.35 10,217.10 3,686.55 13,903.65 6,951.83 20,855.48 of E-3

F 10,217.10 2,422.60 12,639.70 6,319.85 18,959.55 10,217.10 10,217.10 5,108.55 15,325.65-G