Law of the Constitutional Court since the General Council in its session on 2 and 3 September 1993, has approved the following: law of the Constitutional Court and Of the nature of the Constitutional Court and the scope of its responsibilities and of the nature of the Constitutional Court Chapter II of the powers and functions of the Constitutional Court, 1st Section of the jurisdictional powers of the 2nd section of the internal functions of Government and Administration Title II composition of the Court and legal status of their members title III of the functioning of the Constitutional Court and of the organs of the Court and of their powers and functions Chapter II of the personnel at the service of the Committee chapter III of the diet of sessions and distribution of causes Of constitutional processes and procedures and Chapter title IV Provisions common to all procedures and processes Chapter II of the processes of unconstitutionality 1st Section of the resource or process direct unconstitutionality 2nd section of the incidental process of unconstitutionality started by ordinary courts Chapter III of the previous procedure of control of constitutionality of international treaties Chapter IV of the preliminary ruling procedure on compliance with the Constitution of the law urged by the Co-princes Chapter V of conflicts of jurisdiction between constitutional organs of the State 1st Section of conflicts of competencies between the General Council and the constitutional Government and the communes or these other 2nd section of conflicts of between the co-princes, the General Council, the Higher Council of Justice and the Government chapter VI Of appeal provisions first transitory provision of additional provision second transitional provision transitional provision third preamble the people of Andorra has approved its Constitution as the Supreme rule of the law, organiser of the functioning of their democratic State and mandatory for public authorities and for citizens. And, to ensure this supremacy and this applicability, has ordered the Constitutional Court to the functions to be the guarantor of the mandates that it contains.

For this reason, the Constitutional Court occupies a place of exception in the framework of the institutions of the State: it is decided, in via Court, of the adaptation of laws, the Constitution of international treaties, of the powers they wield both the State as are Common when coming into conflict and of the effectiveness of the fundamental rights provisions of the Constitution. It is, therefore, the Court that is located in the top of the control of the legal system if we have in mind that this is headed by the Supreme Constitutional law.

But, if these generic functions are found in almost all models of constitutional justice, the truth is that each system adopts different regulations according to the needs required by their own socio-political reality. This is the context in which to frame the present Bill: adapted as much as possible the institution of the Constitutional Court in the Andorran in reality, not yet completed, of the modernisation of its historical institutions in a contemporary democratic State. To this end, we have determined with clarity the powers and the procedures that correspond and rehash and simplify the different procedures and functional areas as conferred by the Constitution.

Thus, in the first objective on determination of competencies and procedural formalities, have distinguished themselves the powers of a Court of those others who are internal governatiu. And, in the first, have broken down a few procedures (basically the referred to conflicts) revised and other (those that refer to the previous report requested by the Co-princes on laws of the Council). In the second, it creates a permanent technical service, although it is functionally subordinate to the Court, from the organic point of view depends on the General Administration of the State.

With regard to the limitation of the effects of the political role of the Court, it is the field where they have introduced over news of a precautori. In short, these new (no common in European countries, but necessary in the case of Andorra) are based on the forecast of a number of mechanisms such as the following:-Autovinculació of the Court to the precedents established by himself and need to motivate all the decisions.

-Application of the express terms of the Constitution and a ban on the so-called interpretative judgments.

-Creation of an internal disciplinary system.

-Determination of the effects of the judgments and resolutions.

-Prohibition of making judgements of opportunity policy and direct censorship, congratulations or recommendations to the rest of the public authorities.

In the past, with regard to the simplification of the different procedures, has been intended to eliminate unnecessary procedures and dilatoris processes, unifying the terms on what is possible and not offering more than an appeal for urgent and no appeal is final.

It should, however, make a few comments on the content of the various processes and procedures regulated in the text and highlight its essential lines.

The direct and resource the incidental process.

The most notable of these two processes (classics in all constitutional jurisprudències), in addition to what has been indicated, is the possibility of rejection on the part of the Court: outstanding in the first case (cases of lack of legitimacy, the term, the absence of a lawyer, etc. ..) and with discretionary character in the second, given that the Court, despite meeting all the procedural requirements, you can choose the inadmissibility. On the other hand, the incidental appeal arises in restrictive terms, imposing the ordinary Court a series of requirements that demonstrate not so much the "possibility" that the contested act is unconstitutional, but, rather, the "safety" and the full conviction of the ordinary court on the unconstitutionality of the law and alleged applicability. to the bottom of what is known.

The previous control of constitutionality of international treaties. Does this procedure offers special difficulties of interpretation. Arises, however, a problem that the law of the Constitutional Court cannot regulate and which must be established in a separate law: it is the prior control of international agreements concluded by the Government. Since the Constitution does not establish the time of the ratification


short of these agreements, it may happen that the Government previously ratified and then report the holding of these, which is the only thing required by paragraph 2 of article 64 of the Constitution. In this way the previous control would be impossible. For this reason it would be good that a law fix a deadline prior to the final ratification of international agreements of the Government because, during this, you could check the control of constitutionality.

The previous control of constitutionality of the law urged by the Co-princes.

As we know, the Constitution includes this procedure in articles 45.2, second paragraph, 46.1. e) and 98. b). Well, the Constitution expressly only to this type of prior control laws passed by the General Council, but not legislative decrees. Indeed, article 45, as the acts required of the Co-princes, refers to the sanction and promulgation of laws, in accordance with article 63 of the same Constitution. And article 63 of the Constitution stipulates that "a law approved by the General Council, the Syndic General on notice to the Co-princes so that, between eight and fifteen days, the sancionin, enact it and order its publication in the official bulletin of the Principality of Andorra."

The consequence is clear: the sanction of the Co-princes is only required for the laws of the Council, but not for the rules that come from the Government. However, given that all the prior opinion procedure is regulated in the Constitution on the basis of the period of sanction of the laws, occurs which are excluded from this rules that come from the Government and, among these, the legislative decrees.

On the other hand, the procedure of the previous ruling on the constitutionality of the laws of the General Council has been started, in all cases, within a period that takes place between the eighth and fifteenth day after they are filed, because this is the only term that the Constitution establishes in general for all cases of disciplinary actions. And here come two types of previous opinion, according to the claim of the Co-prince or of the Co-princes that have required: in the first case, the Co-prince can ask for the opinion, not because the Court declare the unconstitutionality of the law but to cover the procedure that allows you to not punish them (art.

45.2, second paragraph, of the Constitution); in a second case, with the exclusive claim that the Court declare the unconstitutionality of the law. But, in both cases, the ruling is the same and, therefore, the proceedings before the Constitutional Court also has to be.

This is the reason why the draft law unifies in one the two procedures with identical procedures any that is the claim of the person who requested the opinion.

The conflicts of competence.

With the conflicts of competence have been done simultaneously two operations: on the one hand, the separation between the conflicts between the bodies of the General State and the communes and, on the other hand, the unification of the various conflicts between the General State organs are reflected in scattered precepts of the Constitution. And, in fact, as the latter also made reference to the negative conflicts, the draft has distinguished himself in the two procedures both the positive and the negative conflicts.

Regarding the positive conflicts of competence between the common and General organs of the State, the draft includes the mention in the laws that regulate the skills and qualified financial powers the parishes, as rules that must be taken into account, together with the Constitution, to determine who has jurisdiction in the dispute. This provision allows, even if it is just for this purpose, grant nature "quasi-constitutional law" in these laws, especially the areas of competence as well as protecting qualified the parishes that do not meet specified and specified in the Constitution, could be limited to specific actions of other constitutional bodies.

In the same order of things, and for reasons of systematic consistency with the Constitution, the draft differentiates between the conflict of competences that arises as a consequence of acts, resolutions or regulations without the rank of law and that other which arises as a result of a law or legislative decree: in this last case, we do not find ourselves properly before a conflict but in front of a policy with the rank of law that can violate the distribution of powers that the Constitution contains and Therefore, before a possible unconstitutional law: for this reason, the process that is not the own of the conflict but the appeal of unconstitutionality, with all its requirements and consequences.

With regard to the conflict between the governing bodies of the State, has been incorporated into a single procedure provided for in article 46.1. g) of the Constitution, in order to understand that, apart from that this precept refers to articles 98 and 103, the conflict is of the nature of authority, even though the written constitutional law contains different terms.

In the past, with regard to the modalities of negative conflicts has been effected a homogeneous force regulation in the two cases that have been contemplating, both when the conflict affects constitutional bodies such as when affect subjective rights of individuals. In the case of constitutional bodies, however, differentiate the causes of conflict in the case of regional competences with respect to the competencies between organs of the State. If you come into play the skills of the parishes, the conflict can only be raised when the non-exercise of the competence of a body to another exercise of a competition it is own: for example, if the common does not perform the corresponding census it is obvious that it is preventing the realisation of elections, or the control system of nationality, etc. .. If, on the other hand, it's about relationships between General organs of the State, the reason of the conflict must be more wide: injury general interest and normal functioning of institutions, in spite that always there must be an express mandate of the Constitution or a law imposed a specific obligation to do.

It also will protect the individual rights of individuals against the inactivity of the authorities, both in the case of territorial powers as in the case of the constitutional organs of the State. As is obvious, here the legitimacy is more restricted because it requires the ownership of a subjective right.

The remedy of amparo.

Also here there are very important developments with respect to


the regulation of this type of resource. Are play basically two precepts of the Constitution: article 41 which provides for both the preferential and urgent appeal in front of the ordinary jurisdiction such as protection, and article 102 which sets the criteria for standing.

Interpreted systematically deriving from the following characteristics: the shape of jurisdictional protection of rights corresponding to the ordinary courts through a special procedure (article 41.1 of the Constitution);

only exceptionally will be protected by the Constitutional Court; except in the case of acts, resolutions or regulations of the General Council with no force of law, all claims for infringement of fundamental rights have made previously in front of the ordinary jurisdiction; and, finally, the public prosecutor is entitled to lodge an appeal of amparo for injuries to the fundamental right to jurisdiction, that is to say, the rights to the art. 10 of the Constitution.

Well, taking into account these characteristics and in order to delimit the possible abuse of this type of resource, has been designed in accordance with the following profile: 1st. Is literally, not as a resource against the public body that potentially hurt in origin the fundamental right, but as a special appeal against the second ruling in the urgent procedure and for the ordinary jurisdiction. In this way, we eliminate any doubts you may have about the root object of the resource, on the complex issues of legitimacy and on the scope of the rights protected. Only in case of second sentence desestimatoria (with which, even though it is said, the subject of the right has already enjoyed a double guarantee in front of the ordinary jurisdiction) will be able to lodge an appeal of amparo. In this way, not only will be in exceptional cases but also residual.

2. For cases in which an injury of jurisdictional character, out of the urgent preferential procedure and the general principle is that you can not stand directly appeal of amparo. Otherwise, it will require both requirements: exhaust ordinary remedies for the defence of the injured right and request the public prosecutor to the stand. Only if the public prosecutor decides to bring it, it will be possible for this type of resource. So rest cut out the possibility of using the Constitutional Court as a last instance against any decision on any kind of regular process claiming infringement of the right to jurisdiction and invading the Constitutional Court with a myriad of issues that do not correspond to: public management charges and other cases.

Finally, with regard to the transitional provisions, it has tried to simplify the Act of Constitution of the Tribunal, no matter the substitution in the posts of president and vice president as part of the first term of magistrate mandates.

Title i. Of the nature of the Constitutional Court and the scope of its powers chapter. The nature of the Constitutional Court Article 1 the Constitutional Court, Collegiate Court, is the Supreme interpreter of the Constitution and guarantees the superior rules hierarchy on the rest of the legal system by means of resolutions and judgements handed down in procedures and processes regulated by the present Law.

Article 2 1. The jurisdiction of the Constitutional Court is extended to the whole territory of the Andorran State is superior in her order and, in the exercise of its powers is determined by the Constitution and this law, their decisions binding on the public authorities and individuals and their sentences have the value of res judicata.

2. The interpretive doctrine of the Constitution made by the Court and to serve as a basis for their judgments also links to the different bodies of the ordinary jurisdiction.

Article 3 1. The Constitutional Court is subject only to the Constitution and to the present law. The precedents that the Court set constitute interpretative criteria autovinculants, unless you decide by an absolute majority of its members that they have to be modified and expressed in the form motivated.

2. For the purposes of the preceding paragraph, it is assumed the existence of a precedent when at least two identical cases have been solved with the same decision and rationale in the same doctrine.

Article 4 1. Without prejudice to the international treaties and conventions that have validly ratified by Andorra, resolutions and rulings of the Constitutional Court are not recurribles in front of another court.

2. The jurisdiction of the Constitutional Court is preferred. No because of what you know can be substanciada simultaneously in front of another court; in the event that he had started a dispute before another court and envisaged the same cause in front of the Constitutional Court, if this allows you to process, that continues to meet the.

Article 5 The resolutions and rulings of the Constitutional Court issued on behalf of the Andorran people and are published in the official bulletin of the Principality of Andorra.

Second chapter. Of the powers and functions of the Constitutional Court first section. The jurisdictional powers of the Court Article 6 1. The Constitutional Court of Andorra has competence to hear: 1st. The direct process of unconstitutionality against laws, legislative decrees and regulations of the General Council.

2nd. The incidental process of unconstitutionality urged for the ordinary jurisdiction against the rules mentioned in the previous paragraph.

3. The procedure of prior control of constitutionality of international treaties.

4. The preliminary ruling procedure of adaptation to the Constitution of the law urged by the Co-princes.

5. The conflict of constitutional powers between the General Council and the Government, as a General of the State bodies, and the Commons, as organs of the parishes, or of the latter among themselves.

6. The positive and negative conflict of constitutional powers between the co-princes, the General Council, the Higher Council of Justice and the Government.

7. The remedy of amparo.

Article 7 1. The resolutions and rulings of the Constitutional Court adopted in the course of a procedure or process of indicated in the previous article are always motivated.

2. The motivation of decisions and rulings that put an end to a procedure or process has to express with clarity and precision the interpretive content of the applicable constitutional requirements and the reasons for decision


on compliance with the Constitution of the Act or rule object of litigation.

3. The resolution or ruling that put an end to a cause admitted for processing must not contain statements different from those posed by some of the parties in their respective claims.

Article 8 1. The Constitutional Court, to rule on the constitutionality of the Act or policy disputed, apply the Constitution in accordance with the mandates and values that they contain and decide on their validity or annulment, without making judgements of opportunity on the performance of other public authorities.

2. If a general legal rule, challenged or some of its provisions, there was only an interpretation in accordance with the Constitution and one or more contrary in the temporary inapplicability to the organ that has dictated in repair the unconstitutional ways.

The new rule issued subsana the former, without prejudice to continue subject to the general regime of control of constitutionality.

Second section. Of the internal functions of Government and administration Article 9 Are internal functions of Government and administration: to) Declare the original court members a diseased or incompatibilities.

b) Exercise disciplinary function on these.

c) See cases of cessation of the magistrates and declaring the existence of physical disability in accordance with the provisions of article 15.2 of the present law.

d) to carry out communications and, where appropriate, the requirements governing bodies with competence for this so that we proceed with the appointment of new judges.

e) to have the Organization and distribution of functions of the people at the service of the Constitutional Court.

f) Instruct, if this is the case, the disciplinary proceedings for offences committed by persons mentioned in the exercise of their positions.

g) Administer the budget for the Tribunal.

h) Direct reports to the General Council and the Government about the operation and needs of the Tribunal.

and approve the internal regulation of operation).

Title II. Composition of the Court and legal status of its members Article 10 1. The Constitutional Court is composed of four judges, one appointed by each co-Prince and two by the General Council from among people over the age of twenty-five years and recognized experience and expertise in the legal field or institutional accreditation.

2. The magistrates appointed by the General Council are elected by a majority of three-fifths of the number of the Directors General of the right, in the form determined by the rules of the House.

3. In all cases, the appointment of a magistrate must contain enough motivation that supports the suitability of the person for the position.

4. The appointment of constitutional judges is made by the Co-princes and is published in the official bulletin of the Principality of Andorra.

Article 11 If, for reasons of necessity, was appointed as a magistrate a person lacking the Andorran nationality will have during his tenure the status of nationality of function, in the terms established in the qualified law of nationality.

Article 12 the Office of constitutional judge is incompatible: in) With the exercise of any other public office attached to any of the institutions of the State or of the parishes, is elective in nature, civil service or contract.

b) With the exercise of activities of representation, management, consultancy or defense of the private interests of third parties within the territory of Andorra.

c) With any executive position in political parties, trade unions and associations, whether they are nationals or foreigners.

d) With any other activity that may jeopardize the independence and impartiality in the performance of their duties.

Article 13 During the exercise of their positions, the constitutional judges are independent and unmovable and cannot be sanctioned if it is not for any of the reasons and in the form determined in this law. If you are menyscabats isolated in their independence or disturbed in their functions by the action of any public body or by individuals, have to make here is the fact the president of the Court for this request the help of the ordinary jurisdiction in the repair of prejudice or disturbance.

Article 14 1. The mandate of the constitutional judges is eight years counted from the date of publication of the appointment.

2. According to the rotating turn regulated by this law, every two years, ends one of the constitutional judges and is replaced by another designated by the same body that chose the lost.

3. The constitutional removal of magistrate to replace another one which occurred before the end of his term, will be appointed by the time the rest of the mandate.

4. Vacancy a magistrate, the designating authority shall proceed to the election of the substitute within a maximum period of one month.

5. Unless the provisions of paragraph 3 of this article, any constitutional magistrate may be re-elected for one consecutive term.

Article 15 1. The constitutional judges are constant in the charge for completion of the time of mandate, by voluntary resignation, for death, for incurring some cause of personal or legal incapacitation, for criminal conviction for wilful and imposition by the Court of a disciplinary sanction as a result of a lack of qualified very serious.

2. Any of the causes of disability referred to in the previous section is appreciated by the plenary of the Tribunal and communicated to the designating of a magistrate incurs in these in order to proceed to a new appointment. In any case, it is understood as a result of physical incapacitation the non-exercise of the functions for a period of more than six consecutive months.

Article 16 The constitutional judges are responsible, civilly, criminally and disciplinàriament.

Article 17 The civil and criminal liability for actions or omissions committed in the exercise of his Office are substance before the Superior Court of Justice in accordance with the substantive and procedural laws that are applicable to the members of the ordinary jurisdiction.

Article 18 1. Disciplinary liability is required by the Constitutional Court in Full and unanimous vote of the other members in the event of serious and very serious offences. In the case of minor offences, this responsibility is required by the president of the Court or, if this is the case, by the vice-president.

2. offences Are:-The lack of consideration and respect for other members of the Court, the staff at your service and the people who appear in the process, whatever the title with which they do so.

-The delay reckless in the fulfilment of the obligations of the position.


3. Are serious faults:-breach of the duty of confidentiality of deliberations.

-No motivation of the opinions presented by the speakers.

-Neglect manifests and settled in the Office of the issues that will compete.

-Public manifestations of criticism or disagreement with the decisions and judgments of the Court.

-Conduct warnings, congratulations or censorship in the rest of organs and powers of the State.

-The inassistència is not justified in two or more sessions of the plenary of the Court or to two or more formally sessions convened by the president.

– The damaging of the procedural rights of those who are party to the procedure or process.

-The repeated Commission of offences for which the penalty is not prescribed.

4. Are very serious offences: – the non-compliance of the incompatibilities contained in the present law.

-Neglect, without justification, of the jurisdictional function that corresponds to more than two months.

-The reiteration or recidivism in the Commission of serious offences.

Article 19 1. The exercise of the disciplinary function requires always the audience and defence of the interested party in the case instructed for that purpose.

2. The offences will be penalize with verbal or written rebuke; the serious offences with suspension of functions and remuneration for a period of no less than 15 days nor more than three months; the very serious offences, with the definitive cessation in the functions and position.

3. The sanctions contained in the corresponding proceedings of the Tribunal and are cancelled and are considered to be prescribed if, in the case of minor offences, transcorregués within six months without the affected incorregués nowhere else; in the case of serious offences, the cancellation is coming from under the same conditions after the deadline of two years.

4. Against the sanction imposed can always be contentious-administrative appeal in one instance before the Court of Justice.

Article 20 the position of constitutional judge is the State budget paid. The remuneration consists of a fixed annual amount equal to all the members of the Court and of a variable according to the position that it currently holds, the number and duration of sessions and the number of procedures and processes to be processed by each of them. The law the budget must foresee the games destined for the functioning of the Court and, by Decree, the Government should specify the regime of remuneration of judges.

Title III. The functioning of the Constitutional Court chapter. Of the organs of the Court and of their responsibilities and duties Article 21 the Constitutional Court exercises its jurisdictional competence and its internal functions of Government and administration by the president, the Vice-President, the magistrates speakers and the plenary of the Tribunal.

Article 22 1. The plenary of the Tribunal, as a collegiate body, is the superior body of the Constitutional Court and is constituted by four constitutional magistrates.

2. Notwithstanding the provisions of the previous section, is made up of three judges when the disciplinary function or by the absence of one of them.

Article 23 corresponds to the plenary of the Court decided to jurisdiccionalment on: a) the admission to formality of all causes, filed, whether or not compulsory knowledge by the Court, including those that have been presented extemporàniament or lack the requirements of legitimacy, nomination or formulation of the action and claim essential procedurally.

b) all cases of decay of the action by default, waiver, flattening, expiry or which sevulla other cause that an end to the procedure or process before it is finished.

c) The recusacions filed against the constitutional judges.

their knowledge of the case for the inhibitions) raised by any magistrate.

e) resources of plea that interject within any procedure or process.

f) judgements, decisions and rulings that solve the bottom of the procedure or process.

Article 24 relates to the plenary of the Court decided to administratively and governativament on: a) the cases referred to in paragraphs) and c) of article 9 and paragraph 2 of article 15 of this law.

b) Exercise disciplinary function in matters of serious offences and very serious.

c) to determine the available funds by constitutional judges are essential for the exercise of their functions.

d) solve the internal administrative appeals that interject against the decisions of the president or, if this is the case, the vice-president.

e) the content of the annual report to the General Council on the status of the constitutional justice in Andorra.

f) the approval of its internal regulation of operation.

g) the appointment of magistrates speakers in accordance with provisions of this law.

Article 25 corresponds to magistrates speakers: a) the decision and direction of any procedure or process the transaction for which it corresponded in all jurisdictional matters that do not fall within the competence of the plenary.

b) the proposed ruling motivated about the decision or judgment which has to be approved by the plenary or, if this is the case, the wording of the resolution or decision that reflects the majority decision of this.

c) Decided the ties that are taking place in the voting of the full with vote on those issues the who have reciprocated.

Article 26 1. The president is the single body of direction, and representative of the Constitutional Court.

2. The position is held for two years by the magistrate who according to the corresponding constitutional origin of his appointment and the rotating shift established in the present law. In the case of early termination of the president as a constitutional judge, the Presidency will be exercised by the judge of the same origin as the substitute for the time remaining until the completion of a two-year term of Office.

3. The end of the post of president and the inauguration will take place in front of the plenary of the Court in session only.

Article 27 Relates to the president: a) represent the Constitutional Court in front of the public and private institutions.

b) fix the agenda, convene meetings of the plenary of the Tribunal and its deliberations.

c) Expedite resolutions and rulings of the plenum and ordered its publication.

d) Give up the post to the constitutional judges who are appointed under his tenure and make the end when this occurs.

e) Exercise the management of the personnel in the service of the Court.

f) administer the budget and authorize extraordinary expenses.

g) to draw up the annual report of the Tribunal for the subsequent approval by the plenary.


h) carry out all those activities that are necessary for good governance and administration of the Court.

Article 28 1. The Vice-President of the Constitutional Court exercises the functions of the president in cases of physical impossibility or by express delegation.

2. The post of vice president in the constitutional judge, for the origin of his appointment, he has to take over the Presidency in the next term of Office.

3. The cessation and the inauguration takes place in the same event to which refers article 26.3 of this law.

Second chapter. The staff at the service of the Court Article 29 1. The procedures for the management and execution of the Court's own powers materials are made by members of the permanent administrative office is located in service and under his dependency.

2. Are charges of this Office:-the Secretary of the Tribunal.

-The officer-lawyer.

Article 30 1. The civil service statute and appointment of these charges is governed by the regulations of the Government, which determines the number of sites that need to be covered in accordance with the needs of the Court. In any case, the people who occupy the post of the Secretary of the Tribunal and counsel must be law graduates-official.

2. The rules of procedure of the Court Division and regulation of the functions of each of these charges as well as the cases of disciplinary liability requirement to all the people who are at your service.

3. Without prejudice to the powers of the president of competing disciplinary instruction of the Court, the Government decided on these for administrative purposes.

Third chapter. Of the diet of sessions and distribution of the causes Article 31 1. The Court, as a collegiate body, it acts in Full become unique Room.

2. To adopt resolutions is required, at least, the presence of three constitutional judges and, if it were of jurisdictional issues, one of them will have to be the judge rapporteur.

3. The agreements are adopted by a majority of votes, and if the issue debated is jurisdictional in nature, in the event of a tie, decides the judge rapporteur with vote.

4. On jurisdictional issues, the tie vote prevents the adoption of the agreement.

Article 32 1. The deliberations and the votes are not public.

2. Each session stands minutes of resolutions adopted, without reviewing the content of the deliberations. For the purposes of the preparation of the aforementioned Act, acting Secretary to the Vice-President of the Court or, if this is the case, the magistrate of younger age.

3. In those sessions in which the president deems it appropriate, and will draw up the minutes by the Secretary of the Office of the Court.

4. The voting is done by secret ballot and if they decide the president of the Court or applying for two of the judges present.

Article 33 1. The ordinary sessions of the Committee are convened by the president, enclosing the order of the day, with at least seven days in advance and with a minimum frequency of one every two months. In these, we proceed to the distribution of hospitalized cases in the Court and to the deliberation and decision on pending causes both in their phase of resolution as in the admission.

2. extraordinary sessions are convened by the president, on its own initiative or at the request of two magistrates, with a minimum of three days in advance, when reasons of need so require. Extraordinary sessions can also be considered and adopted resolutions when, without prior announcement, are gathered all the members of the Court and so decide unanimously.

Article 34 1. At each ordinary session, by means of a draw, it is the deal between the magistrates of the jurisdictional issues that have taken in the Court and in which they should appear as speakers. The draw takes place insaculant every magistrate a number, of one in four, and, then, are divided on the issues according to the order of registration.

2. Before proceeding to its cast, the plenum of Supreme Court should qualify the nature of each issue.

3. Notwithstanding what is stated in the first section of this article, the Court may decide, at any time of the procedure, to accumulate several issues into one by reason of the identity or similarity of the object. In these cases will be speaker the magistrate who is aware of the issue in the first place.

4. The jurisdictional issues are handled by the president in accordance with the provisions of this law and the regulations of the Constitutional Court.

Title IV. Constitutional processes and procedures chapter. Provisions common to all processes and procedures Article 35 1. The procedures and processes to which refers art. 6 of this law are provided at the request of part, which, unless it is a question of the public prosecutor's Office or a court, is represented and defended by a lawyer enrolled in the College of lawyers of Andorra.

Representation and defence before the Constitutional Court of the interests of the Andorran State corresponds to the Andorran bar attached to the Legal Department of the Government, notwithstanding that the Government can hire the services of attorneys in certain cases.

2. Without prejudice to the procedural rights of the parties, the Court may require ex officio all actions it deems necessary for the good order of the procedure or process.

Article 36 1. The procedures and constitutional processes are substancien at the headquarters of the Constitutional Court, within the deadlines set out in the present law and start writing in which demand is expressed: a) The identification of the applicant, standing and, if this is the case, the representation and nomination of this.

b) the story of the events that have taken place, in your case, the constitutional injury that the Act or rule against legui or on which raises the demand and the person or body to which it imputes his production.

c) legal foundations on which is based the claim.

d) The precise determination of the claim that it contains.

2. With the written demand or request must be accompanied, if he had, the documents that prove the elements of fact that have been plea as well as, if applicable, the offer of proof that are considered relevant.

3. The written reply of the part or parts are subject to the same procedural regime or affected demanded that noted for the plaintiffs.

4. If the Court declares the decay of the action by default, withdrawal or flattening of one of the parties throughout the process or procedure, it does not preclude


the continuity of the process including the final resolution.

Article 37 1. The absence of any of the specific requirements in the previous article shall result in the inadmissibility of the claim, without prejudice that the Court may require the plaintiff to, within a period of no more than six working days, subsani any formal defect.

2. It is also necessary the inadmissibility of the demand by States of the Constitutional Court and incompetence to try-from a cause that has acquired the character of res judicata.

Article 38 the admission or rejection of the written demand or requirement is agreed by the plenary of the Tribunal's sentence, heard the report of the judge rapporteur. Against the sentence of rejection will be able to lodge an appeal of appeal within a maximum period of six working days, counting from the date of receipt of the notification. The resolution of this appeal is not modifiable.

Article 39 1. The Court in all kinds of procedure or process dictates in the form of Providence, sentence or judgment. Providence decides on matters of procedure that do not impinge on the merits of the issue; the sentence implies a resolution that directly or indirectly affects the background; the judgment will dictate exclusively on the constitutional processes and has definite character.

2. The appeals and judgments are not recurribles.

The aunt, except the file that contains the resolution of the procedure referred to in art. 67 of this law, you can file the petition in front of the full period of six working days.

3. If one of the parties understand that a Providence contains a decision that affects the bottom of the matter, within the period indicated in the previous section can lodge an appeal of appeal in front of the plenary of the Tribunal.

This must be resolved in the form of summons and this decision cannot stand further resource.

Article 40 1. Is coming from the challenge or inhibition of the judge rapporteur when direct and personal interest in the matter or has been head of the body which carried out the Act or the regulations subject to the challenge at the time they were produced.

2. Not applicable in any case the challenge of other members of the Court.

Article 41 1. Constitutional justice is free. However, the parties in the process run by the costs of materials that generate their pretensions, enforcers themselves as defense and representation, documents that request, judicial assistance, appearance of witnesses at his instance and, in general, all the expenses arising from the management ordered by the Court in accordance with its procedural requests.

2. Can you condemn in costs to a party of all charges incurred in the process when the claim is unreasonable or reckless.

Article 42 the terms determined in this law for the exercise of the various procedural actions are binding for the parties and for the Constitutional Court. However, in cases of necessity and provided that these terms are not determined by the Constitution, on the initiative of the judge rapporteur adopted ex officio or at the request of a party, the Court may reduce or extend their duration by aute motivated.

Second chapter. Of the processes of unconstitutionality Article 43 1. In the processes of unconstitutionality in the Constitutional Court evaluates the adequacy to the Constitution of the laws, of the legislative decrees and the rules of procedure of the General Council, or of any of its provisions.

2. These processes are initiated by direct appeal, brought by one-fifth of the members of the General Council, the head of Government or three common, or written by a Court of ordinary jurisdiction considered incidental.

Article 44 1. Accepted for processing any of these two types of process and unless any cause, there is a decay in the action, the Constitutional Court declared by judgment the constitutionality or unconstitutionality of the challenged rule or rules.

2. The Declaration of unconstitutionality generates the annulment of the challenged rule or rules.

3. The Declaration of conformity of these rules with the Constitution prevents the reconsideration in the future from any sort of impugnatori process of those that the same constitutional precepts injury legui..

First section. Of the resource or process of unconstitutionality Article 45 1. The resource or process of unconstitutionality against laws and legislative decrees can be initiated within a period of thirty calendar days counted from the date of publication of the standard, to one-fifth of the members of the General Council, the head of Government and three common.

2. The appeal directed against the regulations of the General Council only can be started by one-fifth of its members by right.

Article 46 1. The process begins with the filing of the demand must contain the requirements listed in art. 36 of this law.

2. If the plaintiffs were three or more common should be accompanied, in addition, certification of the resolutions adopted by the respective collegial bodies in which contains the decision to start the impugnatori process against the rule in question.

3. In the case referred to in the previous section and in the challenge to the fifth part, at least, of the members of the Council the demand must be jointly and shared in all its terms. Any actions within the process is attributable to all codemandants. The withdrawal of any of them supposed to decay in the action if you lose the number of common Directors or required to file the lawsuit.

Article 47 1. The admission of the claim does not suspend the validity of the contested regulation.

2. Admitted for processing the demand by the Constitutional Court, the judge rapporteur, by Providence, must give a copy of transfer that to the president of the body which issued the contested regulation and the public prosecutor to appear and answer in a maximum period of fifteen calendar days.

3. The written response to the claim must formulate the arguments both in fact and in legal bases deemed relevant; propose, if appropriate, the means of proof that the evidentiary and practical for your appropriate interest; and must accompany the documents stating the conditions of representation and collections.

4. In the case of flattening set to part of the public prosecutor's Office and of the body which issued the contested rule in all the claims of the plaintiff, the Court, by judgment, declares the unconstitutionality of the rule without further formalities. In the case of flattening part continues the cause while the judgment has


to accommodate, in the terms indicated, the effects of that.

Article 48 1. Received the basis in the lawsuit, the judge rapporteur opens to all parties, by Providence, a period of seven calendar days for the formalization and the practice of the test. The speaker admits that it considers to be appropriate to the claims of the parties and rejects any others deemed inappropriate without subsequent appeal, setting dates and forms of their realization within seven calendar days following.

2. Put the test, immediate transfer of the case to the parties, they can formulate its final conclusions in writing within a period of seven working days.

Article 49 the actions, the Court gives judgment within fifteen days following the delivery of the conclusions to the parties and, in any case, within a maximum period of two months counted from the date of admission of the resource.

Article 50 The Court's decision is communicated to the parties and sent to be immediately published in the official bulletin of the Principality of Andorra, the moment from which it will have the corresponding effects.

Article 51 1. The estimatòries of the unconstitutionality of the whole or of a part of the challenged regulations through the process regulated by this section, must declare their annulment and the Elimination of the effects that may have occurred during their period of validity. To this end, it has been published as an annex to the corresponding sentence the table of validity of the rules that had been repealed by the provisions declared unconstitutional and should open a period not exceeding fifteen days so that those interested may request the public authorities to be tranquil in the legal situation affected by enforcers themselves precepts.

2. Notwithstanding what is stated in the previous paragraph, cannot alter the legal situations created by strong statements with value of res judicata, unless in cases of positive, nor those who have retroactivity involved the acquisition of a subjective right.

Second section. Incidental process of unconstitutionality started by ordinary courts Article 52 In the exercise of their jurisdictional functions, the magistrates, the Court of Batlles, the Court of Corts and the High Court of Justice of Andorra are legitimate to request the opening of an incidental process of unconstitutionality against laws, legislative decrees and regulations with force of law, any that is the date as of which are currently in force.

Article 53 1. Is coming from the filing of the action of unconstitutionality before the Constitutional Court if, in any phase of an ordinary court process, the judicial body that is knowing that he loves, ex officio or at the request of a party, that one of the rules mentioned in the previous article and essential application for solving the main cause or substanciat in this incident is contrary to the Constitution.

2. The estimation of unconstitutionality has been based on the impossibility of an interpretation of the rule or rules in accordance with the Constitution, in the reasoning and explanation of a rule essential for solving the main cause or of the incident in question and in the absence of a resolution or decision of the Constitutional Court has declared the constitutionality under the terms to which refers art. 44.3 of this law.

3. Before filing the letter in front of the Constitutional Court which raises the action mentioned in paragraph 1 of this article, the Committee shall consult the parties and the public prosecutor's Office if it were present in the cause. Ears and under his sole responsibility, decides on the filing by aute. The decision adopted in this sentence is not recurrible, without prejudice if it is negative, it can be rethought the request in successive instances if there is procedurally.

Article 54 in the event that the applicable rules are contrary to the Constitution or estimated to be effective prior to this, the judicial body will be able to choose between the filing of the action referred to or declare them repealed at the time opportune procedural. In any case, the Declaration of derogation does not imply the annulment of the standard pre-simple but the constitutional fact motivated non-validity.

Article 55 1. Agreed-upon the filing of the action which relate the precepts above, the judicial organ should form a separate piece with performances held with this object and raise the Constitutional Court accompanying that piece and exposing the foundations on which based their doubts on the constitutionality of the rule or rules, as well as the constitutional precepts that understands violated along with the requirements of article 36 of this law.

2. The main cause or, if this is the case, the incident will continue the process until you reach the phase of dictating sentence or resolution will stop after the processing until the Constitutional Court pronounce its sentence of resolution or ruling. If the incident that has led to the process of unconstitutionality versés on annulment of proceedings, cannot hand down judgement on the cause until the constitutional pronouncement.

Article 56 1. Received the written and the separate piece in which the ludeix the previous article, the Constitutional Court supported or inadmite the action of unconstitutionality by aute motivated. Against the sentence of rejection can be lodged the appeal to which refers article arrangement of this law.

2. Supported the action and started the incidental process, there are parties of the judicial body that promotes, the body which issued the contested regulation and the public prosecutor's Office. Can appear as adjuvants to the Parties present in the judicial process in quo.

3. If the challenge was directed against pre-rules will be part constitutional, the General Council anyone who was the body that at the time the Government issued.

Article 57 1. The substantiation of the incidental process until you get to the sentence follows the same procedures that are singled out for direct appeal of unconstitutionality.

2. The statement contained in the judgment of the Constitutional Court links in their terms the judicial body that has brought the action. It is the exception, however, for the present case, the principle of temporary inapplicability of judgments article 8.2 containing interpretative dismissible due the present law, which link the judicial body operating in the sense of interpretation that it contains and to


so that it can dictate to sentence the main cause.

Article 58 1. The judgments of the dismissible due to alleged unconstitutionality. have the same effects rendered in the process or direct resource.

2. The judgments that love the unconstitutionality partial or total contested regulations take effect from the date on which they are published in the official bulletin of the Principality of Andorra. Except in the case of retroactive application favorably, remain outstanding effects caused by these rules before their annulment until not a dictate of new governing pre-existing legal situations.

Third chapter. The previous procedure of control of constitutionality of international treaties Article 59 international treaties approved by the Council or by the Government concluded in the terms envisaged in article 64 of the Constitution, can be the object of control of constitutionality by the Constitutional Court at the request of one or the two Co-princes, one-fifth of the members of the General Council or the head of Government.

Article 60 1. The procedure starts by written request of ruling of constitutionality and must be submitted to the Constitutional Court, with the requirements in article 36 of this law, within the common period between the eighth and fifteenth day that the Constitution grants to the Co-princes to express the consent of the State.

2. The filing of the written in front of the Constitutional Court prevented the ratification of the Treaty until the time when the Court issues its opinion with the effects provided for in article 62 of this law.

Article 61 1. Admitted the writing, the Constitutional Court has to order the preferred procedure and give immediate transfer to the General Council or the Government, depending on whether the Treaty that must be determined is included in section 1 of article 64 of the Constitution or in paragraph 2 of article 64 of this, because to appear and answer in a maximum period of ten working days.

2. The judge rapporteur shall collect all reports and documents that it deemed necessary to formulate its proposal of opinion that, in any case, should be presented to the plenary of the Court within a maximum period of 15 working days counted from the date of entry of the written reply. The Court will issue the ruling of constitutionality within three days after the formulation of the proposal.

Article 62 1. The opinion should rule on the compliance with the Constitution of the stipulations of the Treaty that have been challenged.

2. If I had any pronouncement of unconstitutionality of the Treaty cannot be ratified. In this case, the Court must indicate the constitutional precepts that are affected and the content of the possible reform to if it were coming from the forecast of the second paragraph, paragraph 2 of article 101 of the Constitution.

The fourth chapter. The procedure of the previous opinion on compliance with the Constitution of the law urged by the Co-princes Article 63 forecasts competence and powers by the Constitution in articles 45.2, second paragraph, 46.1 e) and 98 (b)), in that related to the previous ruling of unconstitutionality regarding laws, are developed using the unique procedure regulated in this chapter.

Article 64 the laws approved by the General Council at which refer articles 45.1 g) and 63 of the Constitution may be subject to one or both Co-princes in previous control of constitutionality, in writing the whole individual or required of a ruling from the Constitutional Court.

Article 65 1. The filing of the written request has to be made between the 8th and the 15th day of the term for the sanction of the laws as stated in article 45.2 of the Constitution and with the requirements established in article 36 of this law.

2. The filing of the written request of ruling disrupts the course of the period of sanction.

Article 66 Admitted writing by the Constitutional Court, the processing of this procedure must conform to that articles 47, paragraphs 2 and 3 and 48 of this law.

Article 67 1. The ruling issued by the Constitutional Court, in the form of summons, declares the adequacy or inadequacy of partial or total of the law to the Constitution in accordance with the requests made in the writings of interposition.

2. If each of the Co-princes would have required a ruling individualitzadament, the pronouncement of the Court must fall on each and every one of the claims of the requeridors in single document.

3. After the adoption of the opinion, the Court shall so notify all the bodies that have been involved in the procedure and orders it is published immediately in the official bulletin of the Principality of Andorra.

Article 68 1. If the procedure had only been urged by one of the two co-princes, the statement of the Court in favour of the constitutionality of the law to which the ruling does not prevent the Summoner can refrain from punishing the law, under the terms of the second paragraph of paragraph 2 of article 45 of the Constitution.

2. If the procedure had been urged by the two Co-princes and the Declaration of the Court was equally favorable to the constitutionality of the law, this should be enacted with the penalty, at least one of them.

3. If the Court declared the unconstitutionality partial or total law object of opinion is not coming from the sanction of the two Co-princes, without prejudice to the provisions of the following paragraph.

4. In the event of partial unconstitutionality of the law, is presumed invalid the rest of its provisions.

The General Council may require the sanction of the Co-princes for valid rules to be published as law.

Chapter five. Conflicts of jurisdiction between constitutional organs of the State first section. Of conflicts of competencies between the General Council and the constitutional Government and the communes or these other Article 69 1. Whether the acts, resolutions or regulations of the General Council or Government invaded the field of competence reserved for the establishment in the Commons, or if the exercissin Common competences, of the General Council, of the Government or of another Community, the affected organs can complete conflict of powers before the Constitutional Court.

2. It is equally from the formalization of the conflict, when the inactivity of authority of any of the organs of the State or of Commons prevents, hinders or injured on the other in the exercise of a competition it is own or violates any subjective right of individuals.

3. In the event that the aging rodent competence is atribuís to


an act of the Council or in a legislative decree of the Government, the conflict it substance through the process of unconstitutionality is regulated in chapter II of title II of this law in all its extremes, including that of the standing.

Article 70 the effect to determine the constitutional nature of the skills in litigation and of their resolution, the Court, in addition to the constitutional provisions, apply that to the law or qualified laws that define the responsibilities of Commons, determine its powers and ensure economic and fiscal contributions of the State budgets.

Article 71 1. Except for the case provided in the article 69.3 of this law, prior to the formalization of the conflict in front of the Constitutional Court, the body affected by the Act, decision or provision must require the owner to cease the activity that invasive reputa or anul.li such resolution or layout.

2. The request must be made within 15 working days from notification or had knowledge of the Act, decision or provision. If after 15 working days plus the required organ will not be uttered, it is understood that the claim is rejected.

Article 72 1. The conflict of competences will start by filing a written notice of a petition before the Constitutional Court, within a period of twenty working days counted from the moment of notification of the dismissal expressed the requirement or the course of the term of the tacit rejection.

2. The written, in addition to the General requirements laid down in article 36 of this law, must accompany the documents proving to have carried out the requirement in the terms established in the previous article and contain the express request, if this is the case, that the Court suspended the exercise of competence challenged.

Article 73 the Constitutional Court, as well as to the General causes, you can inadmitir the letter of demand: a) to understand that competition in litigation is not constitutional in nature.

b) Because the conflict has to be substanciat by other procedural ways different.

c) for having spoken previously about this same competition.

Article 74 1. Admitted the letter of demand and received the reply, in accordance with the General rules of procedure, the Court, by means of summons, decides on the suspension of the effects of the Act, decision or provision disputed.

2. is it appropriate in any case agreed to the suspension of these effects, when, if it is kept, it may cause harm to the other party of difficult or impossible repair or when exercising the jurisdiction could be consummated subsequent continuity throughout the process content without emptying the object of litigation.

Article 75 the sentence attributes the litigious competition in any of the two parties, with determination of the matter and of the role that understands and decides on the validity of the legal acts performed as a result of the exercise of the said competition. The responsibilities for damages, if any, are required in front of the ordinary jurisdiction.

Article 76 1. The conflicts of competence downtime takes in accordance with the provisions of the present section, when the plaintiff is one of the public bodies that are mentioned.

2. The written request must ask for the other body exercising jurisdiction. As for the rest, are governed by the same rules.

3. in the written filing, you must state the causal connection between the alleged lack of competence and the idle exercise of competition of its own. As for the rest, is governed by the same rules.

4. When the governing body required for the inactivity of competence is a common, the Court must take into account, in addition to the Constitution and the laws classified referred to in article 70 of this law, the laws that have transferred powers of the State-owned in the parishes.

5. The sentence attributes the competence and orders the exercise, adopting the necessary measures to comply with its decision.

Article 77 When the plaintiff is a private individual, the conflict will proceed in accordance with the provisions relating to negative conflicts of jurisdiction referred to in the following section of this chapter.

Second section. Of conflicts of competence between the co-princes, the General Council, the Higher Council of Justice and the Government Article 78 1. The positive conflict of jurisdiction or powers among the organs of the State arises in front of the Constitutional Court when one understands that the other invades the field of competences that it is constitutionally recognized. This positive conflict of competences are to lodge a legitimate the co-princes, the General Council, the Higher Council of Justice and the Government.

2. You can bring a negative conflict of jurisdiction or powers by not exercising these to any of the bodies that they have just pointed out. Sue corresponds, in addition to the aforementioned bodies, to the individuals and companies who act in defence of a subjective right itself.

Article 79 The positive conflict of competences be substance in all the paperwork in accordance with that established by articles 69 and 71 to 75 of this law.

Article 80 1. Any of the constitutional bodies referred to in this section may require another for exercising an attribution or competence that the Constitution assigns.

2. May request the non-exercise of constitutional powers which, by express mandate of the Constitution or to have it this way any law, imposed in the corresponding organs an obligation and breach of which involves an injury to the general interest or the normal functioning of the institutions of the State.

3. Without prejudice to the political responsibility that caused, in no case can be the object of this kind of requirement does not exercise discretionary powers or of those which require to be regulated by law or decree.

Article 81 In what is appropriate is relevant to negative conflict of competences formulated by the constitutional bodies of reference the provisions of section 1 of this chapter and, in particular, articles 71, 72, 73 and 76, the latter in sections 1, 2 and 5.

Article 82 1. When a natural or legal person to formulate a claim based on the existence of a subjective right itself in front of one of the above mentioned bodies and this declinés their competence to understand that corresponds to another of these, you should go to


the latter reiterating the same claim in a maximum period of 15 working days counted from the time of the notification of the agreement. If the second incompetent also stated, the body is required, the applicant may be lodged before the Constitutional Court the negative conflict of jurisdiction.

2. you may not decline jurisdiction to silence. If a month has elapsed since the presentation of the request referred to in the previous section the body required not contestés, is presumed to understand was the owner of the competition with the exercise of which may recognize or deny the entitlement that the colleague. The silence, rest up via ordinary court against the organ that has tacitly accepted the competition.

Article 83 the formalization of the conflict before the Tribunal must be made within a period of 15 working days counted from the time of the notification of the agreement negative of the second of the bodies referred to in paragraph 1 of the previous article, by writing in which contain the General requirements required by the article 36 of this law and the documentation that accredits have made the requirements referred to in the previous article.

Article 84 The substantiation of this process takes place in accordance with the provisions of articles 69 and 71 to 75 of this law. The ruling of the Constitutional Court attributed the competition in one of the required organs and opens the way for dealing with this will go back to expose the pretensions that in law is appropriate, without prejudice to the liability for damages that should be required before the ordinary jurisdiction.

Chapter six. Of the appeal under Article 85 by means of the resource or process of amparo, the Constitutional Court ensures, as a higher court instance, the rights recognized in chapters III and IV of title II of the Constitution, with the exception of the right referred to in article 22 of this.

Article 86 the recourse of amparo, with the exception of the cases referred to in articles 95 and 96 of this law, stands opposite rulings dismissible due demand dictated ultimately by the ordinary jurisdiction in the course of urgent preferential procedure and stipulated in article 41.1 of the Constitution.

Article 87 1. Are appeal to legitimate constitutional who have been applicant or intervener in the proceedings referred to in the previous article.

2. the defendant and intervener in the appeal of protection who have held this condition to the previous instance.

Article 88 1. The interposition of the recourse of amparo is made in writing, within the period of 15 working days counted from the date of notification of the judgment that challenges, in accordance with the General conditions required in article 36 of this law, asking for the annulment of the sentence and, if applicable, the suspension of its effects, and reiterating the claim to jurisdictional protection of law the violation which is proof in the same terms set out in the application form in quo.

2. Do not allow any appeal of protection that modify the contents of the claim to protection of the right or rights posed on the urgent procedure and previous business.

Article 89 1. Presented the written mentioned in the previous article, the Constitutional Court requires to the Court the decision of which runs to move the cause within a period of three working days and appoints judge rapporteur.

2. In view of the proceedings, decides by aute the admissibility of the appeal. Against the sentence of rejection can be lodged the appeal mentioned in article 38 of this law.

Article 90 1. Admitted the resource for processing, and then rule on the suspension of the effects of the judgment under appeal if it was, the Court moved this to the defendant, to their adjuvants and the public prosecutor so that the appropriate law what leguin within a period not exceeding fifteen working days.

2. Received the allegations, opens a new period of six working days because the parties and the public prosecutor's Office as possible and their conclusions.

Article 91 1. Without prejudice to the provisions of article 35.2 of this law, the Court considered proven facts are placed with such a character to the trail cause.

2. The Court gives judgment within the period of two months counted from the date of admission of the resource.

Article 92 1. The estimation of the resource can be total or partial.

2. The total estimate represents the annulment of the judgment under appeal and all the effects of this, the statement of having injured a constitutional law and the replacement of the appellant in the fullness of their rights through the adoption of the necessary measures that lead to this end. If the violation of law was materially irreparable, the Court determines the type of responsibility in what has incurred the subject that violated the law, in order that I may be required before the ordinary jurisdiction.

3. partial estimation occurs when the Court deems valid any or some of the statements contained in the judgment under appeal. In relation to the right to be considered injured are applicable to the partial estimate the requirements contained in the previous section.

4. The dismissal of the appeal of protection entails conviction on coasts of appellant.

Article 93 the exception provisions of the following article, the judgments handed down by the ordinary jurisdiction in the rest of the procedures are not reviewable within by the Constitutional Court and have the nature of res judicata in accordance with the procedural laws.

Article 94 1. If there is violation of any of the rights enshrined in article 10 of the Constitution in the course or as a result of a judicial procedure or prejudicial, the subject has affected their claimed injury in defense of their right to the ordinary judicial body for the media and resources that the law establishes.

2. Exhausted without success the judicial in defence of the constitutional law injured, within a period of six working days counted from the moment of notification of the latest resolution, denegatòria can be directed in writing to the public prosecutor so that the stand appeal to constitutional. You must attach to this written copy of the actions carried out in defense of the law and of the resolutions kind to the corresponding procedures.

3. The public prosecutor must settle on the six working days if, in accordance with the provisions of article 102 c) of the Constitution, is coming from the filing of the appeal of amparo. Against this resolution cannot lodge an appeal.

4. If the resolution was positive or estimatòria, the


appeal must be brought within a period of twenty working days counted from the last resolution denegatòria. The formalization and procedure of the aforementioned resource act as parts codemandants the public prosecutor's Office and the subject of the constitutional right of this object. The rest of the procedure is governed by articles 91 to 93 of this Act.

Article 95 1. The regulations, resolutions and proceedings of the General Council who do not have the character of law and any infringement of any of the rights referred to in article 85 of this law, can be disputed directly through the process of amparo by the subject affected.

2. The filing of a notice of objection and request for constitutional complaint must be made within a period of 15 working days counted from the date of notification or, if this is the case, publication of the layout, resolution or act and in accordance with the General conditions of article 36 of this law.

Article 96 1. The admission or rejection for processing on the part of the Tribunal is governed by the General rules of the procedure of protection specified in this chapter.

2. the challenge of the acts, resolutions and provisions of the General Council is included, if this is the case, the procedure of reception to the test.

3. The sentence that an end to the procedure must estimate or dismiss the claim, with the General statements, in the latter case, provided for in article 94.2 of this law.

Are additional provision of supplementary application to the procedures and processes regulated in the present Law the procedural rules and regulations of the ordinary courts.

First transitional provision 1. The constituent session of the Constitutional Court, after the appointment of the first four constitutional magistrates in application of the provisions of the Constitution and this law, must be convened by the Syndic General and chaired by magistrate-elect within the following fifteen days older in that they had posted the appointments of all of them.

2. This session will be a draw to determine the appointment of the president of the Court and the order of succession to the Presidency, according to provisions of the Constitution. For this purpose, each judge, by means of an election, it will extract one of the numbered balls of one in four. The number obtained by each of them determines the order of successive occupation of the Presidency according to the origin of the appointment.

3. Will be proclaimed president and vice-president of the magistrates who have obtained the numbers one and two.

Second transitional provision 1. The judges chosen for the first mandate of the Constitutional Court who have obtained the numbers two, three and four in an election referred to the previous layout, in order to comply with the constitutional provisions on the Rotary lathe in the charges, shall in their mandate when they played for six, four and two years, respectively.

2. The magistrates who have completed two and four years may be appointed for a term in a row later.

3. The General Council, for the purposes of rotation indicated and the choice of successor, will take into account the number obtained by magistrates appointed by the latter, so that in each new election the magistrate occupies the corresponding place on the inner workings of the Court.

Third transitional provision without prejudice to its final assignment in the general scheme of administration officials, the first designation and appointment of the holders of the posts of Secretary and officer-lawyer of the Constitutional Court, to which refers article 29 of this law, shall be made by means of a resolution of the General Council.

Casa de la Vall, 3 September 1993 Jordi Farràs Forné 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 Martí Alanís François Mitterrand and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra