Law of Justice since the General Council in its session on 2 and 3 September 1993, has approved the following: law of Justice and the exercise of jurisdictional authority chapter I Chapter II jurisdiction and competence of the Mayor and magistrate Speaker chapter III of title II legal rulings The High Council of Justice Chapter and Government of the judicial organisation Chapter II Organization and functioning of the Higher Council of Justice chapter III the competence of the Superior Council of Justice title III extent and limits of the jurisdiction and organization and functioning of the courts and Tribunals of the scheme chapter and Chapter II the Batllia of Andorra (The Judge and the Court of Batlles) chapter III The Court of Corts Chapter IV, the High Court of Andorra Chapter V The judicial Secretaries title IV title V competition conflicts Statute of the Batlles and Magistrates Chapter and Oath , making functions and promoting chapter II Inamovibilitat chapter III system of incompatibilities and prohibitions chapter IV Challenge and abstention civil and criminal Responsibilities chapter V chapter VI Title VI Title VII Tax Ministry disciplinary Cooperators of the administration of Justice chapter I Chapter II chapter III the Judicial Police lawyers The court officers Title VIII supplementary provision Title IX transitional provisions and final chapter I transitional provisions Chapter II final provisions preamble article 1 of the Constitution, in its second paragraph, proclaimed as a principle inspiring the action of the Andorran State the respect and the promotion of freedom, equality, justice, tolerance, human rights and the dignity of the person.
To translate these principles in judicial practice of the daily inspirational rule of law it is necessary to ensure the existence of a few organs that, since its independence, constitutionally guaranteed, can run and apply impartially the norms that are born of the popular will, in accordance with the provisions of article 85 of the Constitution.
The Constitution, which is the Supreme rule of the law, links to all the Mayors, magistrates and courts, which interpreted and enforced the laws in accordance with the constitutional principles and precepts.
Is a key mission of the judicial organs to submit all public authorities to comply with the law, control the legality of the administrative action and provide effective protection to all citizens in the exercise of their rights and in defending their legitimate interests.
Article 85 of the Andorran Constitution provides that the structure, composition and functioning of the judiciary, which has to be unique, will be regulated by Law, in the same way as the legal status of its members.
The requirements of constitutional development have imposed on the General Council the elaboration of this Law without being able to wait for the adoption of the necessary modifications to the contemporary adaptations and procedural laws in force. This shortcoming could introduce a feeling of provisionality that the transitional provisions coming to blending and limited.
The main themes of the law are outlined in title I, which contains much of the principles enshrined by the Constitution.
In particular it should be noted that the full judicial independence of Magistrates, Judges and courts, should be valued by placing it in relation to the character of totality with which the law gives to the Faculty of jurisdiction.
From the entry into force of this law the courts will control, with no exceptions or reserved areas, regulatory and administrative activity, so any action of the Executive power will be paid once in the audit of a judiciary independent and subject exclusively to the rule of law.
Precisely in order to guarantee the independence of the judiciary, the Andorran Constitution created the High Council of Justice, which was entrusted, in article 89, representation, Government and administration of the judicial organisation, should ensure its independence and smooth operation. The title II of this law carries out the responsibilities and powers of this important constitutional body.
On the other hand, the practical implementation of the right to effective judicial protection and jurisdiction to one devoted to article 10 of the Andorran Constitution required as a prerequisite, all the jurisdictional bodies comptessin with sufficient headlines.
This, coupled with this with the fact that, in the civil sphere, it reduces an instance, when considering the excessive current legislator the possibility of exhausting three instances, has led to the conclusion that it was necessary to increase the number of magistrates. The traditional Andorran figure of Batlle experience as well, with this law, an important transformation.
The Batllia of Andorra is a first instance competent the three traditional areas of jurisdiction: civil, criminal and administrative courts. The Court of Misdemeanours disappears from the new organization and its responsibilities are absorbed by the Court of Batlles. The appeal of decisions that adopt the Batlles, as a one-man Court or the Court of Batlles, as that jurisdiction place of communication, it will be substanciada to the Court of Corts, in criminal matters, either before the Court of Justice.
The new system so that the limited resources on a second procedural andorrà degree of jurisdiction in all areas, saved in constitutional matters. This new approach requires the legislature to give the High Court, now also unified and structured in three rooms (civil, criminal and administrative), which has full jurisdiction, the means to ensure properly regulating function of law that pertains, in other countries, to the Court of appeal.
Especially in the area of private law, the role of the Civil Hall, which comes to replace the two Supreme courts of the Mitra and Perpignan, will be quite important in the research of the custom and the extra law, as well as in its evolution. The case law, the source right now, will be unified with a leading authority and will make it possible a legal stability since it is difficult to think that the Andorran legislators want, in the immediate future, direct yourself towards a codification of private law.
On the other hand, the establishment of a true state of law, with the legal security and the most sovintejat to justice involved, conjuminat with the
multiplication of legislative and regulatory texts that certainly will promulgaran in the context of the initiation of the new institutions and the ease of access to civil justice becomes free of taxes to ensure its free, will necessarily an increase in the number of lawsuits. This more than expected increase of legal dispute makes it indispensable for the appointment of a number of magistrates and Judges sufficient to ensure, at all levels, at the same time the quality and performance of the work of the judicial office.
The law also established the institution of the public prosecutor's Office, which has the Mission of ensuring the defence and application of the legal order and the independence of the courts and of promoting these the application of the law for the protection of citizens ' rights and the defence of the general interest.
Although it must be stressed, also here, that the constitutional schedule forces him to leave for a subsequent legal provision the settings that must be a real Statute of the public prosecutor's Office, it should be noted that, as from now, it strengthens the role of the public prosecutor by giving certain powers of the police action in judicial matters and devoting the principle of required information to the public prosecutor by the police.
The role of Lawyers is also consecrated as representatives and advocates of the parties since they are there is to guarantee legal assistance to citizens in the trials and, in any case, in criminal affairs.
Finally, the transitional provisions and the end make it possible for the adjustment of the Organization's current court ordered that this law establishes and refer to the necessary adoption of laws of development that should allow to adapt the current rules of procedure to the new judicial organisation.
Title i. exercising the jurisdictional authority chapter. Jurisdiction and competence Article 1 is unique and jurisdiction is exercised with full independence to the Bailiwick and courts established by this law, without prejudice to the jurisdictional powers recognized by the Constitution in other organs. Special courts of exception are prohibited and the customary character or corporate or professional field.
Article 2 1. In the exercise of the authority of jurisdiction the Batlles and magistrates are independent with respect to all judicial bodies and the Superior Council of Justice.
2. The courts may not correct the interpretation or application of the legal system made by their inferior in the judicial pecking order if not in virtue of the appeals and appeals established by law.
3. Neither the courts nor the Superior Council of Justice can not dictate instructions, general or particular, addressed to his inferior, on the application or interpretation of the legal system that carried out in the exercise of their jurisdictional function.
Article 3 competence of Magistrates and courts is extended to the whole territory of the State, in accordance with the Constitution, laws and international treaties approved by the General Council.
Article 4 1. The Magistrates and the Andorran courts will know of the judgements that arise in Andorran territory between Andorra, between foreigners and between foreigners and locals in accordance with what is established in this law and in the treaties and international agreements in which Andorra is part of it.
2. Are excluded from knowledge of the Andorran jurisdiction cases of immunity from jurisdiction and enforcement established by the rules of public international law.
Article 5 If the processing process, a court has reasonable doubts and based on the constitutionality of a law or a legislative decree which apply essential for the solution of the case, must be written before the Constitutional Court asking for his pronouncement on the validity of the rule affected.
Presented the question of constitutionality, it suspended the process. The Constitutional Court will dictate a sentence within the deadline set in article 100.2 of the Constitution.
Article 6 the rights and freedoms recognized in chapters III and IV of Title II of the Constitution binding immediately all judges and courts to title of law directly applicable. Its content, that cannot be limited by law, is supervised by the courts by means of an urgent procedure and preferential sustanciará in two instances, in accordance with the appropriate law available.
Article 7 Any Andorran citizen can promote the action of the justice by people's action, recognized in article 86.4 of the Constitution, in all crimes and criminal contravencions against general interests. For the purpose of admitting the people's action the protected legal interests are the ownership of which belongs, by its very nature or common heritage, to all citizens.
Andorran citizens also may exercise the popular action in the crimes against individuals, provided that the law does not have reserved the action on the complaint of the injured party or when everything and does not exist, this reserve, the injured party has not formulated complaint.
Article 8 the existence of a matter, provided that the prior criminal prejudicial resolution is essential to the resolution of a civil judgment or administrative, will result in the suspension of the procedure until that has not been resolved by the competent criminal.
Article 9 1. The Batlles and courts, in accordance with the principles enshrined in article 10 of the Constitution, they will have to resolve on the claims that are being made and are only allowed to dismiss them for formal reasons if the default is insubsanable. In the same way they must execute and enforce judicial decisions.
2. However, refuse to motivadament and in accordance with the established law of procedure, those requests, incidents and exceptions, which is meeting with manifest abuse of law or fraud Bill.
3. Will not be accepted and will be without those effects evidence that had been obtained, directly or indirectly, in violation of the fundamental rights and freedoms of the people.
4. exceptional reasons or court Bailiff, who Saved you will need to notify and motivate, the deadlines established in the laws of procedure binding alike to all persons involved in any type of litigation.
Article 10 1. Without prejudice to the responsibilities of the cause, the State repair the damages caused by judicial error or due to abnormal functioning of the administration of Justice, saved in cases of force majeure.
2. The plea must be always true and effective, economically assessable and individualized in relation to a person or group of people. The simple revocation or annulment of judgments presupposes not by herself the right to compensation.
3. The action for the recognition of the judicial error or abnormal functioning of the administration of Justice and for the eventual evaluation of the damage, it will have to urge before the plenary of the Court of Justice, within the non-extendable term of three months, accountants from the day in which they can exercise.
4. In the case that the error is charged in one of the rooms of the upper Tribunal, its members will be excluded from knowledge of the action.
5. If the public administration, which must always be located, believes that the fact is harmful removed in whole or in part of the service and that is personally attributable to the authority, civil servant or agent who is the author, for reason of grief or gross negligence and inexcusable, it will ask the High Court of Justice that the emplaci as a part in the trial, in order to undergo the sentence.
If the location does not occur in time and form, the public administration will be able to raise an action for compensation, as does the Administration code.
6. Once recognized and evaluated the damage by the Court of Justice and in the maximum period of three months from the notification of the decision, the beneficiary will have to go to the Government which ordered the payment by the credits established by article 105 of the law of the Administrative and Tax Jurisdiction of 15 November 1989.
Article 11 the remuneration of all the Batlles and magistrates, as well as all expenses of the administration of Justice in general, are borne by the budgets of the State.
The Batlles and magistrates receive a salary at the expense of the budget and may not perceive directly or through the budget or judicial rate fee on behalf of their own.
Article 12 the opening of a criminal instruction in an affair that was in progress a survey or parliamentary investigation will not write or any reduction to the powers of the Andorran Parliament. However the Council and the Government will have to notify the Criminal Jurisdiction the results of their surveys and actions.
Article 13 the criminal sentences as the administrative and civil judgments or rulings should be public and known by the parties and by the people in the name of which administers justice.
The Batllia and the courts will open and will have the corresponding books of resolutions and judgments which will be free-access saved the cases that, for reasons of privacy resulting from the obligatory respect for the right to privacy recognized by article 14 of the Constitution, the Court agrees to limit access to the parts comparegudes.
Especially will be restricted actions in the crimes that are prosecutable in some instance, without prejudice to the content's advertising absolutori or damning, and in family law procedures.
Second chapter. The Mayor and magistrate Speaker Article 14 1. In every dispute or that you submit before a court will proceed to the appointment of a Mayor or Magistrate speaker, according to the established by the section or at the start of the judicial year.
2. The designation of the West will be in the first resolution to be issued at the start of the procedure and will notify the parties.
Article 15 the appointment of speaker will cover all Mayors or Magistrates of the section or room, including Presidents.
Article 16 corresponds to the speaker: 1. The ordinary procedure of the dispute or trial.
2. Examine the interrogation, folds of positions and propositions of evidence offered by the parties, reporting on its membership.
3. The Chairman of the practice of the evidence required, provided that they have not declared to practice before the Court.
4. inform the appeals against the decisions of the section, or Court Room.
5. to propose the aunt resolutoris incidents, judgments and other decisions that they have to submit to the discussion section, room or the Court, as well as write them definitely.
Third chapter. Of judgments Article 17 decisions of the courts when they are gathered in the Room or Section of the Presidents when they have governatiu character, are called chords.
Article 18 1. The resolutions of the Batlles and Courts that have jurisdiction are called character: a) Appeals, when they have to the material of the suit or cause.
b) Aunt, when decide appeals against appeals, questions incidental nullities, annulment of the procedure or when, in accordance with the laws, they have to be this way.
c) Sentences, when they decide the dispute or in any instance or resource.
2. The judgments will be able to dictate of viva voice when the law authorize but must be subsequently documented with the Foundation to proceed.
3. firm judgments Are those against which there is no remedy, saved the review or other extraordinary established by law.
Article 19 1. The execution of foreign judgements that must cause civil effects in Andorra will be subject to the prior approval of the High Court of Justice, which may, if appropriate, order the exequatur, taking into account in particular the criteria of reciprocity. Without prejudice to the collaboration with the courts of other countries under the terms of international law.
2. The foreign judgments different the sentences can be attended either in compliance with a bilateral treaty or multilateral, either when you submit a promise of reciprocity.
Title II. The Superior Council of Justice chapter. The Government of the judiciary Article 20 The High Council of Justice consists of five members appointed between Andorran people over the age of twenty-five years and connoisseurs of the administration of Justice, one by each co-Prince, one for the Syndic General, one for the head of Government and one by the Judges and Magistrates.
Article 21 The term of Office of the members of the High Council of Justice is six years, without the possibility to exercise it more than one consecutive year.
Article 22 1. The Superior Council of Justice appoints the Batlles, magistrates and court clerks. Exercises the disciplinary function and promotes the conditions for the administration of Justice with adequate resources for its proper functioning.
2. Also appoints, from among the Batlles and Magistrates who have been named, the Presidents of the Court of Batlles, the Court of Corts and of the Superior Court of
Justice. The duration of the mandate of the Presidents is equal to the length of his post of Mayor or Magistrate, and may be renewed in this function.
Second chapter. Organization and functioning of the Higher Council of Justice Article 23 the Office of Member of the High Council of Justice is incompatible with any other public office or function and with the exercise of the jurisdiction or of law. At the time of decision-making functions of the Superior Council of Justice, which is under the chairmanship of the Syndic General, its members give an oath or promise to the same way they do the Batlles and magistrates.
Article 24 The High Council of Justice meets in ordinary session three times a year, at the call of the President. You can also join, out of these ordinary sessions, at the request of one or more members, in order to examine any urgent matter that is their competition.
Article 25 1. The Member appointed by the Syndic General is the President of the Higher Council of Justice nat.
2. The ostentarà President of the High Council of Justice, convened and will preside over the sessions, shall determine the order of the day, will lead the discussions and will vote for the ruling in the case of a tie. The voting will be secret always.
3. The five members who make up the Council elect, among them, a Vice-President and a Secretary.
4. The Vice President shall replace the President in all cases of absence, illness or vacant. The Secretary, with the approval of the President, minuted of all meetings, appointments and decisions of the Council. The decisions of the Superior Council of Justice take the name of agreements.
5. the Board will be constituted and will be able to adopt agreements with the assistance of four of the five members who compose it. The resolutions are adopted by a majority.
Article 26 Saved a cause duly justified the members of the Superior Council of Justice have a duty to participate in all the meetings regularly convened and remain bound to respect the secrecy of the deliberations of the Council.
Article 27 members of the Council cannot be revoked by the authority or power that you have designated, saved the case, arising from a serious, the other members of the High Council of Justice ratify the repeal by unanimous Agreement.
Article 28 1. On call of the President of the Superior Court of magistrates and Judges come to elect by secret ballot the Member of the High Council of justice are eligible to nominate.
2. Are voters all the Batlles and Magistrates in active.
Are eligible only those people who are of Andorran nationality.
Article 29 in the event of termination of one of the members of the High Council of Justice will proceed to the appointment of his replacement, in accordance with the provisions of the article 89.2 of the Constitution.
Article 30 the members of the Superior Council of Justice receive a bonus feature established on the basis of bonuses and allowances set by the regulations in accordance with the availability required.
Third chapter. The competence of the Superior Council of Justice Article 31 the Batlles and magistrates are appointed for a renewable mandate of six years, the Batlles and Magistrates between Andorran nationals between Andorran nationals preferably, as established in the second transitional provision, first paragraph, of the Constitution of the Principality of Andorra, entitled in law and that have technical competence and its own merits sufficient for the exercise of the function of jurisdiction , by the procedure of nominations in the competition-public opposition.
The agreement of appointment carries with it the entrance or the maintenance in the judicial career.
Article 32 The Attorney General of the State and the Attached Tax are appointed by the High Council of Justice, for a renewable mandate of six years, between people, proposed by the Government, that meet the conditions for being named Mayor or magistrate.
Article 33 1. Is set for the judicial career the following order: Batlle, President of the Court of Batlles, Magistrates, the President of the Court of Corts and the President of the High Court of Justice.
2. Without prejudice to the possibility to follow the order set forth in the preceding paragraph, the Superior Council of Justice may agree, in calling nominations for the coverage of different judicial positions, the opening of the competition to people that no part of the judicial meet the General requirements set out in article 31.
Article 34 The court clerks are appointed for an indefinite, with the status of officials of the General Administration, between persons of Andorran nationality and entitled in law, by the procedure of submission of candidatures in public competition.
Article 35 1. The disciplinary power over the Batlles and magistrates that established in article 22 of this law will be exercised by the Superior Council of Justice under the conditions which regulate in chapter VI of Title V.
2. The disciplinary power over the court clerks, Secretaries, assistants and Agents Attached to the administration of justice belongs to the Presidents of each of the courts, in accordance with the General administrative rules applicable to civil servants and agents at the service of the General Administration.
Article 36 from the annual budget proposals that will be submitted by the respective Presidents of the Council, the Court of Corts and of the High Court of Justice, the High Council of Justice will elaborate a project of global budget of functioning of the administration of Justice and, within the deadlines established by the General Law on public finance, the Government will , or to the Ministry concerned, in accordance with the Constitution.
Article 37 at the request of the Government or of the General Council, the Higher Council of Justice may issue reports on the occasion of the procedure of the laws affecting justice.
You can also issue reports, by their own initiative, either in order to account for the situation and functioning of the administration of Justice, either to promote improvements in the laws of Justice.
Article 38 The Superior Council of Justice, by resolution adopted by unanimity, will be able to award the Honorary Mayor's appointment or Honorary Magistrate and tax to those who, having served just over, they no longer hold their jurisdictional functions.
Title III. Extent and limits of the jurisdiction and organization and functioning of Courts chapter. Regime of the Bailiwick and courts Article 39 1. The Faculty of jurisdiction conferred by article 2
of the present Law the Batlles, the Court of Batlles, the Court of Corts and the High Court of Justice of Andorra, is divided into civil, criminal jurisdiction and administrative courts.
2. Criminal jurisdiction covers crimes and criminal contravencions.
3. administrative jurisdiction control: a) The subject to the right of the exercise on the part of the Government's regulatory powers.
b) The Right of the activity subject to the regulations and their implementation of the public administration listed in article 13 of the code of the Administration today in force, as well as the subjection to up that legitimize this activity.
They belong in any case to the administrative jurisdiction: a) Are set out in the regulations governing the Social Security disputes.
b) resources in the area of civil servants in the employ of any public institution of the Principality.
c) litigation in matters relating to electoral lists and nominations.
d) disputes about liability of public administrations and their officials.
e) disputes arising from contracts for supplies and services agreed by the public administration, public regulated by chapter IV of the code of the administration.
f) The appeals against the decisions of the competent body to set the compensation for expropriation due to public interest, according to the law in force in this matter.
4. In the civil jurisdiction all legal business private. Are generally in this jurisdiction all the issues that have not been expressly attributed to other jurisdictions.
Article 40 The ordinary period of jurisdictional activity will begin the first day of September or the subsequent working day and will end on July thirty-one for each calendar year.
Article 41 at the start of the judicial year will be held the opening ceremony, in which the President of the High Council of Justice will present the annual report on the status and the functioning of the administration of Justice. The Attorney General will present the annual report of its activities exposing its own discretion about the evolution of criminality and prevention.
Article 42 1. Are legal, and therefore non-feriats for all judicial actions, every day of the month of August and are included among the twenty-four of December and January of each year the six judicial.
2. Are non-working days on Sundays, Saturdays and national holidays and all public holidays for the purposes of employment, according to the schedule set each year by the Government.
3. working hours Are from nine in the morning until seven in the evening, that the law has saved otherwise.
4. The non-working days and hours can be equipped by Magistrates when there is justified cause.
5. Without the need for special rating, all days and hours of the year are living space for the instruction of the criminal causes.
6. Deadlines are always counted from the day after the notification or publication of the Act in question.
Unless expressly stated otherwise, the terms will be determined in working days and are excluded from the calculation of the non-working days, in accordance with the provisions of paragraph 2. of this article.
The terms determined in months or in years will count date to date. If the month of expiration there one day equivalent to the start of the calculation, the term will end the first day of the following month.
If the last day of the period was a holiday, the deadline will end the first next working day.
7. the working hours of the Bailiwick and courts, and of their judicial offices and Secretaries will be set by the High Council of Justice, without which never can be less than the established for the General Administration.
Article 43 working days, in a public hearing, the Batlles and courts held the views of oral criminal trials. With regard to notifications to the sentences handed down and all other procedural acts will proceed to their practice in accordance with the established by the laws of procedure.
Article 44 is up to the President of the Court or to the Mayor to keep the order in the public hearing and upheld in their rights to present in the room.
Article 45 for the purposes of the provisions of the previous article which disturb the view of a judgment, cause or other judicial act, giving ostensible signs of approval or disapproval, lacking the respect and consideration due to the Magistrates, courts, prosecutors, lawyers and court clerks, will be booked on the spot by the Mayor or President and expelled from the room if you don't obey the first warning, without prejudice to the criminal liability that may be incurred by the Commission of a criminal contravention.
Article 46 When the facts of which deal with the previous articles for them to constitute a crime, their authors will be arrested on the spot and placed at the disposal of the competent Judge.
Second chapter. The Batllia of Andorra (The Judge and the Court of Batlles) Article 47 composition.
The Batllia of Andorra is the jurisdiction of the first instance and instruction in all jurisdictional areas. The Batllia of Andorra is composed by all the Magistrates at a number not less than eight (8), as well as by the Chairman. The President of the Court of Batlles will be at the same time the President of the Council.
Article 48 competition.
The Batllia of Andorra and the Batlles, either as a single-person Tribunal or in composition of communication group in accordance with the established by the present Law and the laws of procedure, are competent to judge in the first instance all contentious Affairs, saved the case, in criminal matters, of major crimes.
The Batlles instruct individual criminal matters.
Act as a one-man Court voluntary jurisdiction.
The Mayor of watch is competent to be conducted in the first instance the procedures foreseen in articles 9.3 and 41.1 of the Constitution.
Saved in the cases expressly provided for by law the Mayors may not delegate the functions attributed to it. In any case, the delegation may not cover jurisdictional functions.
The Batlles and courts have also the function of inspection of the Civil Registry and any others that may be attributed by law, in guarantee of any law.
Article 49 the exercise of jurisdictional competences 1. The Court of Batlles as a collegiate tribunal has three sections: civil, criminal and administrative courts.
Each section, in meeting, is composed of three Magistrates.
The debates are secret and the decisions are adopted by a majority.
The wording of the sentence belongs to the Mayor who has been speaker.
2. In criminal matters the Penal contravencions are dealt with by a single Judge acting as a one-man Court.
The minor crimes are tried by the Court of Batlles.
3. In civil matters, the procedures of minimum amount or less than according to the procedural laws are substanciaran for an abbreviated procedure, are tried by a single Judge. All the measures of provisional and precautionary measure are also taken by a single Judge.
All those other procedures of indeterminate amounts or the amount of which exceeds the maximum set by the quantum laws of procedure to fasten them to the abbreviated procedure, are judged by the Court of Batlles.
4. in administrative matters relating to the litigation of Social security are tried by a single Judge. All the other issues in this area of jurisdiction are judged so col collegiately for the Court of Batlles.
Article 50 the Batllia of Andorra and powers of the President 1. The President of the Court of magistrates, is appointed by the Superior Council of Justice in accordance with article 90.2 of the Constitution. His appointment confers the responsibility for the organisation and smooth operation of the Batllia of Andorra. Ensures the representation of the institutions.
2. The Batllia is divided into civil, criminal and administrative sections and a special section for instruction. At the start of the judicial year by the President of the Council established, in accordance with the respective appointments agreed by the High Council of Justice, the secondment of Magistrates in each of the sections on civil, criminal and administrative, as well as on the functions of judges of instruction.
The President takes decisions in this area, having heard a presentation made by Batlle oldest and the newest in the post, with the objective of ensuring a sufficient duration to the functions entrusted to Magistrates, good and encouraging a fair distribution of tasks.
3. The President of the Court of Batlles adopts appropriate measures to ensure the functioning of the Batllia of Andorra and the continuity of their tasks.
Article 51 listened to the judgement of the newest and oldest Mayor in Office, the President of the Council, subject to agreement of the High Council of Justice, appoints the Batlles, who, for a certain period, are equipped to ensure Rotary way, in addition to their jurisdictional functions in the Batllia, the magistrates in the Court of Corts.
Third chapter. The Court of Corts Article 52 1. The Court of Corts is competent to judge, in the first instance, are major crimes as well as to carry out the execution of its judgments and other decisions.
2. Exerts, through its President, the functions of prison surveillance jurisdiction and application of penalties.
3. Resolves appeals against resolutions of the Magistrates that affect the freedom of the processed or agree to injunctive relief in the period of instruction.
4. Judges, on appeal, the appeals against the criminal sentences handed down by the Court of Batlles in causes followed by misdemeanours and for Magistrates in matters of criminal contravencions.
Article 53 Composition 1. The Court of Corts is composed of a President, a Vice-President and a magistrate. Its members may be replaced in accordance with what is stated in article 51 of this law.
2. the Magistrates appointed to exercise the functions of Magistrates substitutes cannot, under any circumstances, participate in the procedures of prosecution of contents that may have met previously in quality of instruction judges or judges of first instance.
Organization and functioning of courts Court 54 article 1. The responsibility for the proper functioning of the Court of Corts lies in its President.
2. In accordance with article 52.2 of the present Law the President of the Court of Corts has specific responsibilities assigned by the criminal procedure code in force today, on prison monitoring, application of penalties that have dictated and incidents in the area of sumarial instruction.
3. The deliberations of the Court of Corts are secret.
The sentences are adopted so col collegiately by majority vote.
4. At the proposal of the President of the Court of Corts, the Superior Council of Justice may appoint Magistrates attached to reinforce the jurisdiction or allow the formation of the Court in case of existence of incompatibilities, recusacions or excuses of some of its members.
Article 55 Special Competence in the area of penal responsibility of the members of the General Council and of the Government in implementing the provisions of the article 53.3 and article 74 of the Constitution, and saved the case of flagrant crime, the Court of Corts is competent to arrange the arrest and prosecution of the members of the General Council, of the Audit Office, and the Government if they are held liable criminally for the duration of his term.
The procedure shall be that laid down in article 78 of this law.
The fourth chapter. The Higher Court of Andorra Article 56 The Court of Andorra is the highest instance of the judicial organization of the Principality.
It is competent to judge all appeals against judgments handed down in first instance by the Batllia of Andorra, in civil and administrative matters within the limits set by the law, as well as in criminal matters, by the Court of Corts.
Also has the competence to examine in accordance with the laws of procedure review resources brought against their own resolutions.
Article 57 The Composition Court of Andorra is composed of a presiding judge and eight Judges, appointed by the High Council of Justice, in accordance with the provisions of the present Law.
Article 58 organization and functioning of the Court 1. The Court is, under the authority of its President, in three rooms:-a competent for civil affairs.
-a competent for criminal affairs.
-a room for competent contentious-administrative and Social Security.
2. Each of the meeting rooms in meet is made up of three Judges, without prejudice to the possibility that Magistrates are attached to two rooms. The President of the High Court is both President of one of the three rooms. The magistrates of the other rooms n make sure the Presidency with a system of annual rotation.
3. The deliberations of the High Court are secret.
The sentences that are uttered ultimately are adopted by a majority of votes.
Chapter five. The clerks Article 59 1. The court clerks, in accordance with the present Law and the laws of procedure, perform the public faith and attend the Batlles and Courts in the exercise of its functions.
2. In the course of legal proceedings, the performances will be by means of acts and proceedings.
Be delivered certified copies of judicial actions, secret or not reserved, to interested parties and will play in all notifications and acts of communication.
Article 60 1. The clerks are the head of all the staff in the Secretariat which are holders, without prejudice to the superior management of the respective Mayors, magistrates and Presidents.
2. Have the responsibility of guardianship and all the documentation, your file and of the conservation of the goods and objects included or affected in the judicial records. Ensure the monetary amounts of deposits, securities, deposits and consignments, are immediately admitted to the Institut Nacional Andorrà de Finances.
3. Court clerks are subject to the same incompatibilities, disabilities and prohibitions, that that this law and the laws of procedure established by the Batlles and magistrates.
Article 61 the representation in court can confer, in all procedures, by appearance before the Secretary of the Council or of the Court who have to know of the affair.
Title IV. Conflicts of competence Article 62 the criminal court order has special character. Not be able to raise conflicts of competence to the organs of this court order, but between the Batlles and courts of the same criminal order: Mayor's criminal law, the Court of magistrates and Court of Corts. These conflicts will be resolved definitively by the Court of Corts.
Article 63 the conflicts of competence between Magistrates in single action, between these and the Court of Batlles and magistrates courts between if, in any other stuff, will be definitely dirimits by the High Court.
Only will be able to raise issues of positive competition in front of the High Court of Andorra. In such a case, it will be the Court who will determine definitively its own competency.
Article 64 1. The conflicts of competence may be promoted automatically, at the request of part i of the public prosecutor's Office.
2. When you consider a conflict of competence the organs that are in conflict refrain to continue knowing of the affair until the final resolution of the High Court of Andorra.
Title v. Statute of the Batlles and magistrates chapter. Oath-taking functions and Article 65 the Batlles and magistrates, once appointed by the Superior Council of Justice and before taking possession of the Office, operating an oath or promise in front of the Superior Council, with the following formula: "I swear (or promise) to administer justice in a straight line and impartial and faithfully comply with all my judicial duties, in accordance with the Constitution compliance and enforce the laws. "
Article 66 1. The recruitment and promotion of Magistrates and magistrates will do the High Council of Justice, a tenor of the coverage needs of the charges, taking into account the order fixed in article 33 and by public contest of merits among the candidates.
2. special circumstances, Saved the world by the High Council of Justice, one may only be promoted to a higher position within the scale, when it has provided, at least, a mandate in the lower position.
Second chapter. Inamovibilitat Article 67 during his tenure, the Batlles and magistrates may not be booked, suspended in their functions, or separated from his position, if it is not as a result of sanctions imposed for incor-regut in disciplinary or criminal responsibility, in accordance with the established procedure and with the reassurance of hearing and defence.
Article 68 the Batlles and magistrates shall in Office: to get to the end of the period for which they have been appointed, by his resignation, for separation of the disciplinary charge, for imposition of capital punishment, principal or accessory, apart from the position or opt for a public post, to incur any grounds of incompatibility or disability, and retirement.
The retirement age will operate automatically on reaching the Batlles and magistrates the age of seventy years.
Third chapter. Regime of incompatibilities and prohibitions Article 69 the position of Mayor and Judge is incompatible with any other public office, elective or appointment is with any commercial, industrial or professional activity, with the exercise of the legal profession and all other form of legal advice and, in general, with positions or functions of all order in companies or business corporations, whether public or private.
Article 70 may not make living together those Mayors or Magistrates who are United by marriage or relationship situation in fact equivalent, or those who have among them relatives up to second degree of consanguinity or affinity.
Article 71 the Batlles and magistrates have to maintain an attitude of a must book in the manifestation of their opinions and political options. Do not participate in political elections beyond the fact of exercising their right to vote.
Article 72 1. The Batlles and magistrates have to maintain professional secrecy with regard to all facts and news from all over order of which they had knowledge in the exercise of its functions.
2. The obligation of confidentiality is not invocable against the jurisdictions of Andorra.
The fourth chapter. Objection and abstention Article 73 the Batlles and magistrates should refrain and, if it does not do so may be objected to, in the following cases:-or situation in fact equivalent, or relatives to the fourth degree with any of the parties, their counsel or the representative of the public prosecutor's Office;
-being or having been a tutor, lawyer or solicitor of any of the parties;
-or have been denounced, accused or defendant by any of the parties;
-have or have had any commercial or legal relationship with any of the parties or their lawyers;
-have pending litigation with any of the parties or their counsel;
-friendship or enmity with any of the parties or their lawyers;
-have a direct interest in the subject-matter of the dispute;
-to be the superior of one of the parties in dispute.
74 article Can recuse himself:-in civil and administrative matters the parties, their lawyers and the public prosecutor's Office.
-in Criminal Affairs, the public prosecutor's Office, the processing, the actor or the particular Rwandan civil, responsible for independent civil and their lawyers.
Article 75 the upper Tribunal will be informed by the Mayor or Magistrate who has decided to refrain from their motivations and decide on the origin of his admission.
In the same way will issue a resolution on the recusacions when these had not been accepted by the Council or the Court of Corts. If the challenge is adrecés to a Judge of the High Court, will be resolved by a section of three members of which may not be part of the recusat.
Chapter five. Civil and criminal responsibilities Article 76 the Batlles and magistrates be held responsible civilly for damages caused maliciously in the exercise of its functions.
Article 77 the penal responsibility of Mayors and magistrates to crimes or contravencions committed in the exercise of its functions, it will purge in accordance with the provisions of this chapter.
On the merits of his judicial immunity, the Batlles and magistrates may only be detained in the event of a flagrant crime.
Article 78 1. The trial of criminal liability against a Mayor or Magistrate is incoarà to Providence dictated by the Court of Corts, on the merits of complaint filed by the public prosecutor, or harmed or offended.
2. The previous steps, processing and instruction sumarial, will be in charge of a magistrate of the Court of Corts.
3. The competence to prosecute criminally a Mayor or the Magistrate will, in the first instance, the Criminal Chamber of the Court of Justice and in degree of appeal in second instance, the plenary of the Court of Justice, excluding the magistrates of the Criminal Court.
4. Agreed the processing of a Mayor or Magistrate will proceed automatically to the temporary suspension of the exercise of jurisdictional functions of exercising, by agreement of the Superior Council of Justice.
Chapter six. Disciplinary Article 79 The Batlles and Magistrates are subject to disciplinary liability under the terms and conditions established in this law.
Article 80 The disciplinary responsibility of Magistrates and Judges will require the Superior Council of Justice, by instruction from a disciplinary case commenced on the initiative of the Superior Council of Justice, at the request of the injured person, a citizen who has knowledge of the facts, the public prosecutor or the President of the relevant Court.
Article 81 1. In the same event in which the Superior Council of Justice shall appoint a disciplinary procedure agreed, among its members, to an Instructor.
2. In a procedure that, until resolution, will not be extended to more than three months, the Instructor will all the evidence tending to clarify the facts and determine responsibilities, must be-if necessary-the charges and will move to the public prosecutor's Office and to the applicant.
3. The public prosecutor's Office will submit its report within a period of eight days, in which you will be able to propose the practice of testing.
4. The interested party will have a period of eight days to answer the charges and come up with all those tests deemed appropriate for the defense of their rights.
5. The Instructor will decide on the relevance of the tests proposed by the interested party and by the public prosecutor's Office and will have their practice.
6. Set the evidence admitted, the Instructor will report the actions in the Superior Council of Justice.
This, upon hearing of the interested party in a procedure of the oral arguments, will dictate final resolution.
Article 82 1. The faults committed by the Batlles and magistrates in the exercise of their responsibilities will qualify in serious and very serious.
2. The prescriuran serious offences to six months and the very serious in a year, all to be counted from the date of Commission. The prescription will be interrupted at the start of the procedure.
83 article Are very serious offences: 1. The infringement to the incompatibilities laid down in the present law.
2. The actions or omissions that involve civil liability, a tenor of the provisions of article 76.
3. The inexcusable ignorance of laws and procedures.
4. the Commission of a serious, when it has previously been sanctioned for two other serious, without having been cancelled. installed the corresponding annotations.
84 article Are serious offences: 1. The infringement to the prohibitions and obligations established in the present law.
2. The repeated and unjustified inassistència in views, judgements or practices that had been set.
Article 85 1. The sanctions that will be imposed to the Batlles and Magistrates for the faults committed in the exercise of their functions are: a written warning, fine of up to one hundred thousand PESETAS, suspension from one to six months and separation of charge.
2. serious offences will be penalised with a written warning or fine and the very serious with suspension or separation of charge.
3. prescriuran sanctions and cancel ex officio the absence of annotations, after they are, from the date of the imposition, four years to the serious and seven years for very serious.
4. The cancellation will mean the removal of all the background, except in the case of separation of penalty charge.
Article 86 In cases which, in accordance with article 80 shall have been take to a particular complainant, the Superior Council of Justice shall notify the resolution adopted with the purpose that the rate if the law or constitutional principle, the effect of which would have terminated, has received the treatment due to the resolution of the file.
Article 87 the final resolution adopted by the Higher Council of Justice is not susceptible of jurisdictional review.
Only you will be able to formulate appeal of amparo before the Constitutional Court, in the cases permitted by its Law.
Title VI. The public prosecutor's Office Article 88 The Prosecution, led by Attorney General of the State, acting in accordance with the principles of legality, unity and internal hierarchy.
Article 89 1. Ultra exercise public action, the public prosecutor intervenes directly in criminal processes and request the practice of all the proceedings that it considers necessary for the clarification of the facts and delictuosos of running it. Safeguards for the strict compliance with the judgments relapse.
2. Without prejudice to the powers of the Magistrates to act ex officio, when the public prosecutor becomes aware of a fact that can be considered a crime or contravention, penal action will by own initiative or at the request of the Government.
3. The hearing of the public prosecutor's Office is mandatory in all civil proceedings in which are interested absent, minors, disabled persons or persons in need of protection.
4. It is necessary to also hearing of the public prosecutor in the processes related to the Civil Registry and in all other cases established by law.
Article 90 the members of the public prosecutor's Office are subject to
the same regime of responsibility, incompatibilities, and recusacions abstentions that this law establishes for the Batlles and magistrates.
Article 91 without prejudice to the independence of the hierarchy of the jurisdictions, members of the public prosecutor's Office are included, for the purposes of promotions, remuneration and appointments, on the judicial career.
Article 92 The Attorney General and prosecutors Attachments, by taking possession of his Office, give an oath or promise in front of the Superior Council of Justice in the same way as do the Batlles and magistrates.
Title VII. Cooperators of the administration of Justice chapter. The Judicial Police Article 93 The Magistrates and the public prosecutor heading the police action in judicial matters in accordance with what is established in this law.
Article 94 the Judicial police acting under the orders of Magistrates and courts, are provided assistance in all its tasks and in the execution of the decisions of any court order. Especially, the Judicial Police gives fulfillment to the missions that the Magistrates have in relation to the instruction of previous proceedings and abstracts.
In the same way and with the same relationship of dependence, will carry out the investigations which order the public prosecutor to the clarification of the crimes and the obtaining of evidence.
All without prejudice to the General tasks of prevention of public order and security that correspond to the police.
Article 95 the function of the Judicial Police is the responsibility of all members of the Police Service of Andorra, provided that they are required to provide it. Within the structure of the Police Service of Andorra may establish and organize units aimed at Judicial Police.
Article 96 the direction of the police send them on a daily basis a report of activities and events in the Batllia and the Attorney General.
Second chapter. 97 Article lawyers across all jurisdictions and in all procedures, is mandatory the assistance and legal intervention, given by a lawyer enrolled in the College of lawyers of Andorra.
His intervention will be optional in civil procedures followed by minimal amount, in the Social and safety disputes followed in criminal proceedings followed by contravencions.
Article 98 1. In his performance in front of the judges and courts, the lawyers are free and independent and enjoy the rights inherent to the dignity of their function and of the freedom of expression and of Defense.
2. Lawyers shall respect the professional secrecy, understood as that moral and legal principle that is the obligation and the right of not to disclose any fact or document of those who have knowledge, not being able to be forced to testify about them.
Article 99 in order to guarantee to everyone the right to defence and to legal assistance granted by the Constitution, appoint a lawyer for the defence and assistance of trade who so request or, in the penal process, refuses to designate it. The defense of the craft, which will be free for those who prove their situation of poverty or insolvency declared by a Judge, will be in charge of the State.
Article 100 to act before the Batlles and Courts in the terms established by the present Law and the general law lawyers must be compulsorily enrolled in the College of lawyers of Andorra, saved acting in defense of the General Administration, in accordance with the provisions of the following article.
Article 101 the defense in court, before any jurisdiction, of the interests of the Andorran State corresponds to the Andorran bar attached to the Legal Department of the Government, this without prejudice to the Government can hire the services of attorneys in certain cases.
Third chapter. The Attorneys of the courts Article 102 1. When in a trial the parties do not wish to appear personally must make it represented by solicitor or counsel, the law authorising procedure when the Andorran saved anything.
2. the attorneys must keep secret all facts or news that known by any of the methods of their professional activity.
3. While the law establishes special conditions that require the attorneys andorrans, the Superior Council of Justice shall establish each year, subject to a report of the public prosecutor's Office, the relationship of people admitted to exercise the procedural representation of the parties before the jurisdictions of Andorra.
Title VIII. Additional provision for as long as the law establishes special conditions that require the Notary Publics are appointed by the co-princes in Andorra confirmed.
The notarial activity remains totally removed from the jurisdictional function.
Title IX. Transitional provisions and final chapter. Transitional provisions First throughout the transitional period from the approval and publication of the present law and until the time of his total development and effective application, will continue administering justice on behalf of the Andorran people, the current judicial institutions.
From the date of publication of this law the Batllies and courts will no longer receive legal fees in dealing with and the substantiation of the performances.
The General Council may fix any new legal fees for certain services, which in any case will be staying at the INAF in the order of the Government.
Second 1. Members who must compose the Superior Council of Justice will be appointed, in accordance with the provisions of article 20 of this law, for all day, 14 October 1993.
2. The Member who should appoint the Judges and Magistrates, on this first occasion it will be by vote made by all Magistrates, judges and magistrates of the Court of courts and higher courts, that they are acting in the date of 14 October 1993, to call the President of the Court of Corts.
3. Once appointed all of its members, the High Council of Justice will be made up of call of its Chairman.
Third, the Government, in accordance with the provisions of article 32 of this law, be presented to the Superior Council of Justice their proposal for the appointment of the Attorney General of the State Tax, and Attached to the 28th of October 1993.
Fourth, the High Council of Justice, throughout the day November 15, 1993, shall appoint the members of the public prosecutor, the Judges of the Court of Corts, the magistrates of the Court of Justice, the Magistrates and the respective Presidents of the Council and of the courts.
Fifth 1. In accordance with the provisions of the transitional provision
Second, paragraph 1, of the Constitution, for while the Andorran judicial career does not have enough staff to cover the posts of Judges and Attorney General, may be appointed, keeping the spirit of balance, Spanish and French jurists.
2. In application of the second transitional provision of the Constitution will be able to continue in the race for a new term of those Magistrates or Judges andorrans who have exercised such functions up to the entry into force of this law and that do not have a doctoral degree in law.
3. Can also continue in the service of the administration of justice those Secretaries of Council or of the Court who, being in charge of a Secretary or an Assistant Secretary, do not have the degree in law.
Sixth all appointed, they shall an oath in front of the High Council of Justice, throughout the day on November 25, 1993.
Seventh 1. All court proceedings, civil, criminal and administrative, that have been started after the entry into force of the Constitution, shall be subject to the content of this law, whatever their procedural situation.
2. Those who are in front of the Mayor or the current Administrative and Fiscal Court, will continue its course, so turn to cast as it proceeds, in front of the Judge or of the Court of Batlles, as appropriate.
3. who are the face of the current Court for Minor Crimes, will continue its course before the Court of Batlles.
4. who are the face of the current Court of Corts, will continue its course in front of the new Court of Corts.
5. Those who are in front of the current Court of appeals, Administrative and Fiscal Court and the Supreme courts of courts of the Mitra and Perpignan, will continue its course before the Court of Justice in the appropriate Room.
Eighth exceptionally, as regards civil proceedings in progress and which had been initiated before the entry into force of the Constitution, will proceed as follows: 1. If you are in front of the Mayor, the judgment that the top will be able to be installed in front of the Appeals Court of magistrates and that this decision in front of the room of the Civil Court of Justice.
2. If you are in front of the current Court of appeals, will be resolved by the Court of magistrates and the statement that this decision may be appealed before the Civil Room installed in the Superior Court of Justice.
3. If you are in front of the current Superior Courts of the Mitra or higher of Perpignan, will be resolved by the Superior Court of Civil Justice.
Ninth 1. All fingers of visura or "causes of neighbor to neighbor" pending resolution, will be sent to the Court of Batlles in the current first and second instance and in the room of the Civil Court of Justice in the last instance.
2. The administrative resolutions of veeduria which had been appealed in complaint and remain pending resolution can be the subject of an extraordinary resource, in front of the Hall of Supreme Court of Justice, within fifteen days following the date of the entry into functions of this room.
3. During the same period maximum of fifteen days, counting from the date of their entry into functions, can also play back your action before the administrative Hall of the High Court of Andorra, those who, in application of article 5 of the law of the Administrative and Tax Jurisdiction they had brought in his day a resource on complaint before the Permanent Delegations of the Co-princes for a lawsuit on matters of electoral scrutiny.
Ten Christmas holiday period, the various current judicial bodies, conveyed automatically the respective current affairs in those organs that are assigned the competence to resolve, in accordance with the present transitional provisions.
Second chapter. Final provisions First abolishes all how many previous provisions of this law or contravene the content versus offline.
Second 1. The qualified law of Justice shall enter into force 15 days of its publication in the official bulletin of the Principality of Andorra.
2. All legal institutions and procedures regulated in the present law shall be put into operation on 2 January 1994.
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