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Qualified Law Of Nationality, Of 5-10-95

Original Language Title: Llei qualificada de la nacionalitat, de 5-10-95

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Qualified law of nationality since the General Council in its session of 5 October 1995, has approved the following: qualified law of nationality preamble Andorran legislation in matters of nationality, since the Decree of 17 June 1939, has always had as a constant for the preservation of the national identity, the basis necessary for the legal existence of the country.

The change of the demographic structures, moving from a static situation during centuries in a strong immigration in recent decades, has as a result a disproportion between the national population and the constraint;

This disproportion has been perceived as an element that had to be corrected in order not to compromise the foundations of the State.

The claim of the Principality of Andorra as a State in international law, once the people have been given the Constitution, they will achieve better if the human element of the State, the population is becoming more homogeneous, gradually following the trend to match the population with the population of law.

In this regard, the legislation has progressively expanded and now offers an important opening giving the right to nationality by naturalization to a part of the population that can be seen as consisting of the number of years of residence in the country.

The tendency to match the population with the right takes place only in the sense of the acquisition of the Andorran citizenship for those who are born and live in the country, but, symmetrically, it requires the loss of nationality in cases of dual or multiple nationality's possession, as expressed in the Constitution , establishing the obligation to choose freely between the Andorran and other nationalities. Simple option to exercise and you will be given even more in the future when Andorra signed the appropriate agreements.

Title i. Of the Andorran nationality of origin Article 1 Are Andorra the child born in the Principality of Andorra, if at least one of the parents is Andorra.

Article 2 Is the child of the Andorran born abroad, if at least one of the parents is Andorran and born in the Principality of Andorra.

Article 3 Andorra the child born in the Principality of Andorra, if at least one of the parents is born in the Principality of Andorra, on condition that the parent or parents under the authority of which or for which it is legally subject to have their primary residence and permanent in the Principality of Andorra to the date of the birth of the child.

Article 4 is Andorra the infant found in the Principality of Andorra or born in the Principality of Andorra of parents unknown.

This country is lost to the date on which the child's filiation is established with respect to a foreign person, provided that such affiliation will become during the minority of age of the child and that this get the nationality of the foreign person, according to the national law of the latter.

Article 5 Is Andorra the child born in the Principality of Andorra to refugees or foreign parents parents and foreign laws do not attribute the nationality of any of the parents.

This nationality is lost if, during the minority of the child, the nationality of one of the parents is attributed in accordance with the National Law of this parent and if that parent or, if this is the case, the child, do not meet the conditions of residence provided for in article 6.

Article 6 Is Andorra the child born in the Principality of Andorra of foreign parents, if one of the parents under the authority of which is legally subject has its main residence and permanent in the Principality of Andorra to the date of birth of the child and has taken during the eighteen years that have preceded this birth.

If this length of eighteen years should not be accomplished on the day of the birth of the child, the Andorran nationality is attributed to working title This provisional nationality has been confirmed, in the conditions of capacity envisaged in article 34, before the child has reached the age of majority. The confirmation may not take place before that has not been accomplished a total duration of primary residence and permanent in the Principality of Andorra of eighteen, obtained by adding to the permanent and primary residence in the Principality of Andorra, before the birth of the child, the parent mentioned in the first paragraph, the permanent and primary residence in the Principality of Andorra of the child, since his birth.

If you do not confirm, the child loses the Andorran nationality at the date of his coming of age.

Title II. The acquisition of Andorran nationality Article 7 no one can acquire or recover the Andorran nationality in application of articles 8, 9, 10, 11, 12, and 26 if, previously, has not established his primary residence and permanent in the Principality of Andorra and if, within the period foreseen in article 28, has not been shown to have lost or nationalities that had previously.

Article 8 can be purchased Andorran nationality, in the manner provided for in article 28, the child adopted in full adoption by a person of Andorran nationality, provided that the adoption has been legally declared before the child has fourteen years, I have been in law enforcement in Andorra or of a foreign Law which does not violates the legal system of the Principality of Andorra and that the child meets the conditions of article 7.

Article 9 can be purchased Andorran nationality, in the manner provided for in article 28, if they meet the conditions of article 7:1. The child born abroad of an Andorran father born abroad also.

2. the grandchildren of a person of Andorran nationality, if you justify a primary residence and permanent eighteen years in the Principality of Andorra.

Article 10 can be purchased Andorran nationality, in the manner provided for in article 28, the foreign person to contract marriage with a person of Andorran nationality, if they meet the conditions of article 7, if it proves to have their primary residence and permanent in the Principality of Andorra continuously since at least three years, before or after the celebration of the marriage, and if you test your integration in the Principality of Andorra.

Article 11 can be purchased Andorran nationality by naturalization granted to discretion by the Government, the foreign person who so requests and who proves to have had their primary residence and permanent in the Principality of Andorra during the twenty-five years that precede the presentation of its demand.

In any case, must comply with the conditions of article 7 and to test its integration in the Principality of Andorra.

The Government has to specify by regulation the elements that will be taken into account in decision making, in the


respect of the principles of equality and equity.

Article 12 the Andorran nationality Acquires the minor child not married, in the event that the parent or one of the parents to the authority which is legally subject to acquire Andorran nationality if born in the Principality of Andorra or if there had their primary residence and permanent, at least from the same time that this parent and if they meet the conditions of article 7.

The same rule applies to the child who has been the subject of a full adoption, in the case of acquisition on the part of the person adopting or by one of the adopters of Andorran nationality.

The transcript of the minor can be handled in conjunction with that of the person who acquires the Andorran nationality.

Article 13 people who have purchased Andorran nationality by virtue of articles 8, 9, 10, 11 and 12 and that the ' recovered under article 26 have, counting the acquisition or the recovery of the Andorran nationality, political rights in accordance with the General provisions on the subject.

Acquire Andorran nationality article 14, for as long as they exercise the functions and the respective trades: a) in accordance with article 48 of the Constitution, the personal representatives of the Co-princes in the Principality of Andorra.

b) in accordance with section 1. b) of article 46 of the Constitution, the General Secretary of the Episcopal Co-prince's services and the Director of the Cabinet of the French Co-prince is represented.

c) in accordance with the second transitional provision of the Constitution, the judges of the Constitutional Court.

d) in accordance with article 11 of the Constitution, clerics with ecclesiastical Office in the parishes of the Principality of Andorra.

The nationality acquired by virtue of this article is not transferable either by marriage or filiation and does not give access to political rights.

Article 15 the General Council, by a majority of two-thirds, can confer the title of Andorra to Honor all foreign person that is worthy, for its merits and acts in favour of the Principality of Andorra.

The nationality acquired by virtue of this article is not transferable either by marriage or filiation and does not give access to political rights.

Title III. The loss of the Andorran nationality Article 16 without prejudice to the cases provided for in articles 4, 5 and 6, the Andorran nationality can be lost in the conditions established in the present title.

Article 17 Andorran nationality Loses the person of legal age who resigns voluntarily, if you have a foreign nationality on the date of submission of its record of waiver.

This file will be submitted to the Government that checks to see if they meet the required conditions.

Article 18 Loses the Andorran nationality the person of legal age who voluntarily acquired the nationality of a foreign State.

For the application of the previous paragraph, the non-exercise of a right of waiver of the acquisition of a foreign nationality is not considered as a voluntary acquisition of this.

Article 19 you can forgo the Andorran nationality the person contract marriage with a person of foreign nationality, if he has acquired the foreign nationality of his spouse, in accordance with the national law of the latter.

Article 20 the Andorran nationality Loses the minor who, because of adoption or legitimation, remains subject to the parental authority of a foreign person which obtains the nationality.

Article 21 the person who loses the Andorran nationality, without the prior permission of the Government, will voluntarily fight in a foreign army or that there is no enrolada make use of resources that allows the foreign law.

Article 22 the Andorran nationality Loses the person who holds an Office in a foreign State or political elective.

Article 23 Loses the Andorran nationality the person to whom has been attributed to the nationality of a foreign State or who has purchased without an express manifestation of willingness on its part, if actively exercises this nationality.

Article 24 the Andorran nationality Loses the person, to purchase, maintain, recover or be attributed the Andorran nationality, has made false statements or omitted voluntarily to meet situations of law or of fact which have impeded to get this result. The loss of the Andorran citizenship is effective from the moment in which the Government finds the false statement or omission voluntary, without prejudice to the rights acquired by third parties.

Article 25 1. Any person who, in application of the legal provisions on force in the Principality of Andorra, have purchased Andorran nationality, even though recovered or keeping its or their previous nationalities, or has acquired a foreign nationality without having lost the Andorran nationality, must be able to prove, within a period of five years counting from the publication of the present Law , who has lost or their foreign nationalities.

2. If, at the end of this period, the person concerned has not tried having lost or their foreign nationalities, the Government must state by Decree, which is considered to be administrative act for the purposes of jurisdictional control, loss of Andorran nationality.

3. The effects of the loss of nationality are established by the Government in the personal file of each interested party in the register of nationality, in the register of passports and in the national census. The Government must communicate this information in the Commons who have to delete the interested people of the electoral lists as of the date of the communication and took note of all the effects.

The Government has to specify by regulation the modalities of application of the present article.

Title IV. The recovery of the Andorran nationality Article 26 can retrieve the Andorran nationality, in the manner provided for in article 28 and under reserve to meet the conditions of article 7:1. The person who has lost the Andorran nationality by reason of marriage to a foreign person.

2. The minor who has lost the Andorran nationality in application of article 20, in the year following his coming of age.

3. The child who has lost the Andorran nationality on application of articles 4 and 5, if warranted a primary residence and permanent eighteen years in the Principality of Andorra.

Article 27 the recovery of the Andorran nationality does not have retroactive effect. The person that you have recovered the Andorran nationality cannot invoke this to the detriment of third parties for obligations before this recovery.

Title V rules of form and procedure Article 28


To acquire Andorran nationality by virtue of articles 8, 9, 10, 11 and 12, and to recover it in application of article 26, it is necessary to set up a file and submit it to the Government, which must include the items mentioned in the following articles.

When the resolution of the case by the Government is positive, it must contain the following formula: Resolving favorably the demand for acquisition/recovery of the Andorran nationality, we declare that the person concerned will acquire Andorran nationality if you will, in a/term of five years counted from the date of notification, it contributes to the satisfaction of the Government, the test of having lost or nationalities that have up to this moment and declares under oath, in writing addressed to the Government, not having done any act intended to leave without effect the loss.

This acquisition/recovery will have effects on the date on which the person concerned has lost or the nationalities I had. "

If the test and the statement received by the Government are considered to be sufficient, the Government, by Decree, which is considered to be administrative act for the purposes of jurisdictional control, given the nationality; This Decree shall mention the date on which the acquisition or the recovery has effects. Otherwise, and passed within five years, the favorable resolution is expired.

Article 29 1. The case has to go to the Government and must understand in all cases: a) birth certificate of the person concerned.

b) residence certificate by entering the date from which the person concerned has established his primary residence and permanent in the Principality of Andorra, delivered by common and, where appropriate, by the competent service of the Government.

c) if applicable, the certificate of primary residence and permanent precedent.

of) the person of legal age, the Andorran criminal record certificate and of the country of which he has the nationality and countries of residence.

e) If this is the case, school certificate of the educational centres of the Principality of Andorra, specifying the years of studies that have followed.

f) written and signed Declaration, in full part, addressed to the Government, in which the person concerned, represented or authorised, where applicable, under the conditions provided for in article 34, States want to acquire Andorran nationality, want to defend the order, well-being and independence of the Principality of Andorra, and is committed to faithfully respect its constitutional system, its laws , uses and customs, and fulfill their duties of Andorran citizen.

2. Includes in addition: a) in the case of the article 8 and, where appropriate, of article 12, the supporting documentation the adoption, understanding the administrative and jurisdictional acts that contain, as well as the birth certificate of the person adopting or of one of the adoptive parents and the documents that justify the nationality of this person.

b) in the case of article 9, the birth certificate and the supporting documentation of the Andorran nationality, according to the case, one of the parents or one of the grandparents of the person concerned.

c) in the case of article 10, the supporting documentation of the Andorran nationality of the spouse and the civil marriage certificate of State pick by virtue of which calls for the acquisition.

d) in the case of article 26, the documentation that establishes the Andorran nationality of the person concerned.

Article 30 once received by the Government, the transcript must be instructed by the competent service, which draws up a report on the situation of the person concerned in the area of primary residence and permanent in the Principality of Andorra.

For the needs of verification, you can provide other services public administration a copy of the certificates provided, stipulated in points 1. b), 1. c) and 1, e) of article 29, as well as other possibly required in relation to their primary residence and permanent, with exclusion of any other document which appears in the transcript.

Article 31 once instructed the transcript, the Government must solve by Decree, which must be motivated in the case of refusal.

This decision is recurrible in the terms provided for by the code of the administration.

Article 32 does not require the presentation of a dossier on people born in the Principality of Andorra Andorran father or mother mentioned in article 1.

For people who are in the situation provided for in articles 2, 3, 4, 5, 6 and 35, will require the submission of a simplified, in the conditions set in article 33.

Article 33 1. Simplified record mentioned in the preceding article includes in all cases, the request and the birth certificate of the person concerned.

2. Includes in addition: a) in the case of article 2, the documents that justify the Andorran nationality of one of the parents of the person concerned and the birth of this parent in the Principality of Andorra.

b) in the case of article 3, the documents that justify the birth in the Principality of Andorra to a parent of the person concerned, as well as the permanent and primary residence in the Principality of Andorra, on the day of birth of the person concerned, or of the parents under the authority of which or for which it is legally subject.

c) in the case of article 4, the relative documents, where applicable, to the nationality of the parents or with respect to whom filiation of the person concerned have been established during the minority of age, and not this transmission of such nationality.

d) in the case of article 5, the documents relating to the nationality or the situation of refugees of the parents of the person concerned, in the non-transmission to the son of his nationality and primary residence and permanent in the Principality of Andorra of the parents or under the authority of which or for which the person concerned is legally subject and If this is the case, the same interested party.

e) in the case of article 6, the documents relating to the primary residence and permanent in the Principality of Andorra of the parents or under the authority of which or for which the person concerned is legally subject and, where appropriate, of the same person.

3. In the event that the person concerned will prevail in the article 35 of this law, must present the documents that justify the accidental nature of his birth abroad, as well as the primary residence and of his mother in the Principality of Andorra to the date of birth of the person concerned.

4. If the documentation received by the Government is estimated to be sufficient, this, by Decree, with value of administrative decision for the purposes of jurisdictional control, that the person concerned possesses the


Andorran nationality of origin. The decision of refusal is susceptible of appeal.

Article 34 in matters of nationality, the option of a minor is exercised in the manner following: you have less than 16 years, through their legal representatives;

You have between 16 and 18 years, personally with the authorization of their legal representatives.

Article 35 the son born accidentally abroad and that it would be if you were born in Andorra Principality of Andorra, is calculated in the child born in the Principality of Andorra, on condition that, at the time of the birth, the mother will have their primary residence and permanent in the Principality of Andorra.

This article can only be relied on to enforce the provisions that contain during a calendar year from birth, to a person born after the publication of the present law, and natural for three years from the date of publication of the present law, for the person born before their publication.

After these deadlines, these people cannot buy or ask for the recognition of the Andorran nationality by virtue of the provisions of this article, but can ask for the acquisition or recognition if you have it right under other provisions of the present law.

Article 36 The sufficiency of the integration in the Principality of Andorra, required in articles 10 and 11, must be submitted to the appreciation of the services of the general administration that the Government should establish, in accordance with the regulation that this must draw up and publish.

The regulation should provide for the necessary mechanisms for the verification of the existence or the absence of a sufficient integration; These devices must be so technical and objectives as possible, so that you can not violate the principle of equality, all while avoiding that will take into account discriminatory elements based on sex, ethnic origin, religion, opinions, the nationality and the economic situation of the person concerned, and that, on the contrary, be taken into account, as an essential element , the knowledge of the Catalan language and Andorran institutions.

Article 37 documents that the interested party based on his record, as well as the reports and documents that the Government get different services, in application of articles 29, 30, 33 and 36, are confidential.

Only can be communicated to the person concerned or to third parties that have a legal interest to challenge the request, the resolution or, in general, the national status of the person concerned.

Article 38 should be published in the official bulletin of the Principality of Andorra: a) The final resolutions of the Government that recognize the Andorran nationality or that established the right of acquisition.

b) Government decrees acknowledging or crediting the Andorran nationality to people who, having obtained a final decision from among those mentioned in the preceding paragraph of the present article, have tested that have lost or nationalities that had, in application of what is expected to be in the article 25.

c) regarding government decrees or declaring loss of Andorran nationality.

Article 39 Ultra civil actions that belong to a third party to assert before the competent jurisdictions, any person who has an interest can appeal the decisions published, in application of the preceding article, the official bulletin of the Principality of Andorra; to this effect within thirteen working days counting from the publication.

The resource, it is necessary to motivate in fact and in law, is of replacement in front of the Government; You can appeal the decision to the Administrative Section of the Council. The judgments will be published in the official bulletin of the Principality of Andorra.

Article 40 in this law, the age of majority and minority of age are understood in the sense of the Andorran law.

While the Government is responsible for the regulation of the transitional provision in article 36 of this law has not been published, the appreciation on the sufficiency of the integration required in the articles 10 and 11, continues to be the responsibility of the present Commission of the nationality, you must apply the principles set forth in the aforementioned article 36 and follow the criteria set out in the current Regulations for the appreciation of sufficient integration into Andorra , of 21 July 1994.

Final provisions First the title and applies to the people still under age at the date of entry into force of this law, without which the validity of the acts done previously may be challenged because of the nationality.

Second the qualified law of nationality, shall enter into force the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 5 October 1995, Josep Dalleres Codina 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 Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra