Law Regulating The Activity Of The State In Matters Of Treaties, 19-12-96

Original Language Title: Llei qualificada reguladora de l'activitat de l'Estat en matèria de Tractats, de 19-12-96

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Law regulating the activity of the State in matters of treaties since the General Council at its session of 19 December 1996 has approved the following: law regulating the activity of the State in matters of treaties preamble the practice followed by the different institutions during the negotiation of international treaties has highlighted the need to specify some procedural issues in order to achieve greater system security at all stages of the process.

This law is complemented by the regulation on the conclusion of international treaties and that each of the institutions concerned can exercise better their skills from both the Andorran constitutional point of view and from the point of view of international practice.

I. General provisions Article 1 this law applies to international treaties between the Principality of Andorra and other subjects of international law.

Article 2 for the purposes of this law: a) are understood to be "Tried" an agreement concluded in writing between the Principality of Andorra and other or other subjects of international law and governed by this law, as the record in a single instrument or in two or more instruments and whatever name it is given.

b) it is understood by "subject of international law" a State, an intergovernmental organization or a subject other than recognised as such by the Principality of Andorra.

c) it is understood by "negotiator" the State, intergovernmental organization or a subject of international law that takes part in the elaboration and adoption of the text of a treaty.

d) it is understood by "adopting the text of a Treaty" the expression of the agreement of the negotiators on this text.

e) it is understood by "authentication of the text of a treaty", the international event through which the negotiators certify that this text is authentic and definitive.

f) it is understood by "Contracting Party" the State, intergovernmental organisation or another international subject which has consented to be bound by means of a treaty, whether has entered into force or not.

g) it is understood by "part" the State, intergovernmental organisation or other subject of international law that have given their consent to be bound through a treaty and with regard to which the Treaty is in force.

h) "backup" is understood to be a unilateral declaration, whatever its formulation or denomination, made to manifest consent to force through a treaty, with the purpose to exclude or modify the legal effects of certain provisions of the Treaty in their application to the State that made the Declaration.

I) is meant by "full powers" the document that certifies to one or to several people to represent in the Principality of Andorra in the negotiation, adoption and authentication of the text of a treaty, the expression of consent to be bound through a treaty or for the execution of any act of international importance related to a treaty.

Article 3 the official name of the State in international treaties will be, either, "Principality of Andorra" or "Andorra".

II. negotiation Article 4 1. It is the competence of the Government authorized the formal negotiation of treaties.

2. The negotiation is the competence of the Ministry of Foreign Affairs with the collaboration of the ministerial departments when, by reason of the subject matter is appropriate.

Article 5 in the case of treaties laid down in article 66, no. 1 of the Constitution: a) the Government will communicate to the Co-princes the authorization of the formal negotiation.

b) the co-princes will have a period of fifteen days from the date of the notification of the Government to acknowledge. Within these same fifteen days each co-Prince will appoint the Member you have to be a part of the Andorran representative who will negotiate the Treaty, unless that person already has an express delegation.

c) before the text of the Treaty authentication is minuted in stating the agreement of the members of the representative appointed by the Government and each of the members appointed by the Co-princes.

Article 6 within the framework of the article 67 of the Constitution, if it requires the Andorran national interest, the Government may ask the administrative code that is associated with the negotiation of a treaty. In the application the Government shall state the modalities of the Association that is requested.

Article 7 the Government shall present it to the Co-princes and the General Council the appropriate information on the negotiation of international treaties, in accordance with Chapter III of title IV of the Constitution.

III. Full powers Article 8 1. For the execution of any international event related to a treaty and, in particular, for negotiating, adopting or authenticating the text and to demonstrate internationally the consent of Andorra to force through a treaty, the person or persons that you make you will need to have a full powers signed by Minister of Foreign Affairs.

2. The execution of an international event related to a treaty to person who does not have a full right powers do not produce legal effects unless it is confirmed by the Minister of Foreign Affairs.

Article 9 does not need full powers to represent Andorra: a) the co-princes, the head of Government and the Minister of Foreign Affairs.

b) the heads of Diplomatic Mission and Permanent Mission in front of an intergovernmental organization for the negotiation, adoption and authentication of the text of a treaty between Andorra and the State or the Organization to which they are accredited.

c) the heads of Special Missions sent to one or several foreign States for the negotiation, adoption and authentication of the text of a treaty between Andorra and any of the United States who have been sent the mission.

their accredited representatives) an international conference or to an intergovernmental organization or one of its organs for the negotiation, adoption or authentication of the text of a Treaty drawn up within the corresponding Conference, organization or Organ or, where applicable, the signature of the Final Act of the Conference.

IV. Adoption of the text Article 10 the adoption of the text of a treaty will be made by consent of the negotiators. In the case of a text prepared by an international conference or to an intergovernmental organization or one of its Organs, the adoption of the text shall take place in accordance with the regulations of the said Conference, organization or Organ.

V. Parliamentary Approval of treaties and Article 11 1. Regardless of the name of the Treaty and the agreed form for express consent, the


conclusion of a treaty that is included in articles 64, no. 1 and 65 of the Constitution must have the prior approval of the General Council before the manifestation of consent.

2. If the Government considers mandatory parliamentary approval of a treaty by the General Council, will decide its referral to that body in order to get it.

3. The treaties that have to be approved by the General Council will be processed parlamentàriament as bills, with the peculiarities provided in the Constitution, the regulations of the General Council and in this law.

4. The proposals presented by General Directors and the parliamentary groups will have the consideration of amendments to the full refund, when refuse approval of the Treaty or to propose reservations or statements not included in this.

5. Member of the General Council may decide whether the parliamentary approval of a treaty should be made in accordance with article 64, no. or according to article 65 of the Constitution.

6. The General Council may, at the request of the Government, extend the approval given for the conclusion of a treaty to the administrative and technical arrangements for the development, interpretation and execution are subsequently concluded by the Government.

7. If the General Council does not endorse the conclusion of a treaty, the Government will be able to take over in the approval of this Treaty in a subsequent legislature.

Article 12 the Government will inform the General Council and the Co-princes of the conclusion of treaties covered by article 64 No. 2 of the Constitution giving them the full text of the Treaty immediately at the decision to manifest its consent.

Vi. Manifestation of consent Article 13 Andorra's consent to be bound by virtue of a treaty will manifest in the form agreed by the negotiators. However, if the Treaty is governed by articles 64, no. 1 or 65 of the Constitution, the representative of Andorra may only become those forms of manifestation of consent that allow to obtain the approval of the General Council.

Article 14 1. The same day it is approved by the General Council a treaty governed by articles 64, no. 1 or 65 of the Constitution, the Ombudsman will give faith of the approval and will inform at the same time to one and other Co-prince because not before eight days and not later than fifteen of the date showing the consent of the State to force through the Treaty, order its publication in the official bulletin of the Principality of Andorra , will be authorised and that, from that moment on, the message is delivered the instrument to which it refers the following section.

2. The instrument which incorporate the consent of Andorra to force through treaties to that referred to in the previous paragraph will be extended on behalf of the Co-princes or, if necessary, of one of them, will make express mention of the articles of the Constitution of Andorra applied, and will be signed by the Co-princes, or by one of them under the circumstances provided for in article 45.3 of the Constitution , and contrasignat by the head of Government.

Article 15 with respect to the Treaty covered by article 64, no. 2, the Government will have to: a) put them in knowledge of the General Council and of the Co-princes once you have made the decision to manifest its consent.

b) Order their publication in the official bulletin of the Principality of Andorra immediately after the expression of consent.

VII. Publication Article 16 1. International treaties in respect of which the Principality of Andorra has expressed his consent will be published in the official bulletin of the Principality of Andorra.

2. The publication of a treatise composed the following aspects: a) the full text of the Treaty, since the record in a single instrument, whether in two or more related instruments.

b) any annex or complementary instrument to the Treaty.

c) multilateral treaties the relationship of the parties with transcription of the reservations, declarations and objections made.

d) Also will be published in the official bulletin of the Principality of Andorra with regular frequency all the subjective modifications, their territorial scope, temporal, material or any other nature that may be influencing the effects of treaties already published.

VIII. Entry into force Article 17 The Ministry of Foreign Affairs through a notice published in the official bulletin of the Principality of Andorra will announce the date of entry into force for Andorra of each treaty.

IX. provisional application Article 18 1. In cases of extraordinary and urgent need, the Government will be able to be bound to the provisional application, in whole or in part, of a treaty before its entry into force, provided it is not affecting matters reserved to Law or in article 65 of the Constitution, or virtually irreversible situations.

2. When the provisional application affects a treaty governed by article 64 No. 1 of the Constitution, this will be immediately submitted to the General Council, with precise indication of this circumstance, in order to immediately start processing the corresponding approval.

3. If approval were rejected, the Government will be notified immediately to the other subjects of international law, among which the Treaty applies provisionally that the Principality of Andorra has no intention of coming to be Part of the Treaty, thus finished as of this time his application.

X. previous Opinion of unconstitutionality Article 19 at the request of one or the two Co-princes, one-fifth of the members of the General Council or the head of Government international treaties will be subject to the control of constitutionality by means of a request for a preliminary ruling of unconstitutionality filed before the Constitutional Court in the following terms: a) international treaties covered by article 64, no. 1 of the Constitution between the eighth and fifteenth day that the Constitution grants to the Co-princes to express the consent of the State.

b) international treaties covered by article 64 No. 2 of the Constitution in the fifteen days following the notification of the Government to the Co-princes and the General Council of the final text of a treaty and the decision to express the consent of the State.

Article 20 The presentation of a request for a ruling of constitutionality prevents the manifestation of consent of the State until the Court has issued its opinion. For this purpose, the Court will immediately inform the other Co-prince, if this is the case, and the Government, the whole presentation of request for a ruling.

Article 21 1. The ruling of the Constitutional Court must


rule on the compliance with the Constitution of the stipulations of the Treaty that have been challenged as well as, when appropriate, on the procedure of approval that must be submitted to the Treaty in accordance with the Constitution.

2. The President of the Constitutional Court notice to one and other Co-prince, the Syndic and the head of Government of the ruling of the Constitutional Court.

Article 22 1. If the ruling of the Constitutional Court was positive with respect to the constitutionality of a treaty governed by article 64 No. 1 of the Constitution, the consent of the State can be expressed by one of the Co-princes exclusively. In any case the manifestation of consent of the State to one or the two co-princes is not going back to the period of fifteen days in the article 45.2 of the Constitution.

2. If the opinion would prefer the unconstitutionality of the Treaty, the Court shall indicate the constitutional precepts that are affected by if it were coming from the forecast of the second paragraph, paragraph 2 of article 101 of the Constitution.

3. If the opinion of the Constitutional Court to pronounce in favor of the constitutionality of the Treaty, but notes that its content must be approved by the General Council, will have to follow the procedure provided for in the Treaties referred to in article 64 No. 1 of the Constitution.

XI. Observance and application of treaties Article 23 1. International treaties are part of the Andorran legal system from their publication in the official bulletin of the Principality of Andorra.

Their provisions may only be repealed, amended or suspended in the manner provided for in the Treaties themselves or in accordance with the General rules of international law.

2. The treaties validly concluded and officially published will produce effects as from the date of its entry into force for Andorra, in accordance with article 17.

Article 24 1. The treaties currently in force will be directly applicable to all judicial and administrative organs of the State and create rights and obligations for individuals, unless the text of the Treaty or of the authorization of conclusion is that its application is subject to the enactment of laws or the adoption of regulatory provisions.

2. If the implementation of a Treaty needs legislative development, the Government will present to the General Council, in the briefest period possible, the corresponding Bill. This Bill will be submitted to the General Council to ask for the approval of a treaty as long as this either in force between other States either have that States parties must have appropriate legislation at the time of the entry into force.

3. The General Council may delegate to the Government the authority to issue the regulations, within the limits and under the conditions provided for in article 59 of the Constitution.

4. The Government, if necessary, will dictate the regulatory provisions necessary for the implementation of treaties in the purview of in matters of their competence.

5. the legal effects of reservations, objections to reservations, territorial changes that affect the States parties to a treaty or incompatible provisions between two or more Treaties will be determined according to the provisions of treaties or, failing that, according to the General rules of international law.

XII. Modification, suspension and denunciation of treaties Article 25 1. Corresponds to the Government, at the proposal of the Minister of foreign relations, make the decision on the actions of the State with international legal significance that are interested in a Treaty of which Andorra is party and, especially, of the express acceptance of amendments, reservations and statements of other subjects that happen to be contractors subsequent to Andorra, objections to reservations and declarations and the withdrawal of objections to those of other States , as well as all events that depend upon a Treaty and which may derive rights and obligations for the parties.

2. The Government will inform the Co-princes and the General Council of the decisions taken in application of the previous paragraph. Your authorization will be necessary when related to the conclusion of a treaty which needed parliamentary approval and manifestation of consent, unless these acts will have something else.

It is understood that the authorization has been granted if within fifteen days of the communication has not expressed opposition.

Article 26 1. Respecting in any case the article 64.3 of the Constitution is up to the Government, at the proposal of the Minister of Foreign Affairs, decide the denunciation or suspension of the application of a treaty.

2. The Government will inform you without delay to the General Council and the Co-princes of the denunciation or suspension of a treaty.

XIII. register Article 27 1. The Government, through the Minister of Foreign Affairs, will record to the Secretary General of the United Nations and to any other appropriate intergovernmental international organisation bilaterals of which Andorra is part, as well as bilateral treaties of which Andorra is depository.

2. Also will be communicated to the Secretariat of the United Nations and to any other intergovernmental organization that any act that modified, suspended or put an end to the application of treaties to that referred to in the previous paragraph.

Additional provision the acceptance of obligations, rights or charges arising out of a Treaty of which the Principality of Andorra is not part of it, may only be made in cases where the Treaty itself you have and be governed by the provisions of the present Law relating to Treaties concluded by the Principality of Andorra.

First final provision of the Ministry of Foreign Affairs, in order to provide public authorities and individuals due understanding of the international obligations assumed by Andorra, will adopt the appropriate measures to ensure: the establishment of systems of data referring to the international treaties concluded by Andorra and the registered execution.

The response to the consultations that formulate clear public institutions or private individuals on the issues regulated in the present law, in accordance with the terms and conditions of the regulations is available.

The publication of a collection of treaties concluded by Andorra and its regular update.

Second final provision the text of this law will be communicated, to ductus of the Ministry of Foreign Affairs, to all States and international subjects with whom the Principality of Andorra maintains relationships, as well as the international, intergovernmental organisations of which is


Member.

Third final provision this law derogates all the foregoing that the versus offline.

The fourth final provision this law enters into force on the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 19 December 1996 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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