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Qualified Law Of Nationality, Of 3-9-93

Original Language Title: Llei qualificada de la nacionalitat, de 3-9-93

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Qualified law of nationality since the General Council in its session on 2 and 3 September 1993, has approved the following: qualified law of nationality preamble the General Council, in its session of July 31, 1985, adopted the proposed Amendment of the code of Andorran nationality on 11 March 1977.

Picking up that proposal, Permanent delegations of the Co-princes were promulgated on September 7, 1985 the corresponding law on Modification of the code of Andorran nationality.

The practical application of the new provisions introduced in this amendment have revealed various gaps that with this Bill is trying to solve.

On the other hand, the criteria of interpretation formulated by the Permanent Delegates in the preamble of the law of 1985, already pointed out at that time that the position of the General Council should evolve, echoing of new situations, given the common interest, the deep feelings of the country and the reality of the facts.

The realization of different demographic studies in the course of the last few years has returned to acuitant the need to establish a new balance between the community and Andorra Andorran not.

It is a matter of vital importance for the defense of the Andorran national identity.

The modern Andorran legislation from the Decree of 17 June 1939, capacity for the December 26, 1941, has always had as the preservation of the Andorran national identity, human substrate necessary to the legal existence of the country.

The change of the demographic structures, moving from a static situation during centuries in a strong immigration in recent decades, has as a result a disproportion between the national population and perceived as a foreign element that needed to be corrected in order not to compromise the foundations of the State.

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

In this regard, the legislation has progressively expanded and now offers an important opening giving the right to nationality by birth in Andorra, at the same time that it is intended to offer it to a considerable part of the population that can be seen as consisting of the number of years of residence and the time in which to reside.

The tendency to match the population with that of right does not play only in the sense of the acquisition of the Andorran citizenship for those who are born and live in the country, but, symmetrically, it requires the loss of nationality, otherwise, and the prohibition of dual citizenship. Rules, the latter, that have been present, with force, in the Andorran legislation, since the Decree mentioned the year 1939 to the present day.

Correlatively to the opening for the acquisition, this modification strengthens the prohibition of dual citizenship imposed an obligation to choose freely between the Andorran and other nationalities. Easy option to exercise and you will be given even more in the future when Andorra can sign the appropriate conventions with countries interested.

The purpose of the present amendment is part of the evolution of the law of the nationality from the year 1939: make every time the real population of Andorra is composed of over Andorra by blood and by birth in the country, despite not allowing more than one class or category of andorrans who are not at the same time nationals of another country.

Article 1 Are andorrans are children, legitimate or not legitimate, born in Andorra, of Andorran father or mother, or born abroad, if the Andorran father or mother are born in Andorra.

Article 2 1. Are their children, legitimate or not legitimate, Andorran, born in Andorra, if at least one of the parents is also born in Andorra, and on condition that both the parents and the children have permanent domicile and residence in the Principality.

2. Children found and those born in Andorra of unknown parents until their relationship is established, they will have from the moment the nationality that are appropriate.

Possession of State for eighteen years will give them the right, in the case in which the appropriate Andorran nationality as the other, to keep this as long as they give up what are appropriate.

Article 3 no one can acquire Andorran nationality if, previously, has not established his domicile and residence staff in the Principality, prove having lost the residence of country of origin and continue living in Andorra after effectively acquired at least during the years that are set in article 20.

Article 4 1. Can become the Andorran child up to 14 years adopted with full adoption, provided that the law of the country of origin the loss of nationality by adoption and that the adoption has been made according to the Andorran law or, if it is in accordance with foreign law, which is not in the Andorran law fraud or attempts to internal public order and as long as they meet the following three conditions simultaneously :-That the adopted is still subject to the parental authority of the adopter to the adult age.

-The adoption process has been terminated before the child has reached the age of 14 years.

-I will try the loss of previous citizenship.

2. By derogation of article 4.1., in the event that the adopter has born abroad of Andorran father or mother, born in Andorra, the adopted cannot acquire Andorran nationality at the time of the adoption, but that remains subject to the provisions of article 5.

Article 5 can become Andorra the son born abroad, of the Andorran father or mother, also born abroad, if established and retains its registered office and its effective residence in the Principality, try having lost or nationalities that holds and declares his desire to acquire Andorran nationality by written declaration addressed to staff the Government.

Article 6 can become the person with a marriage contract that Andorran foreign Andorran person, if it proves to have effective domicile and residence in the Principality, continuously during the three years before or after the celebration of the marriage, try having lost or nationalities that holds, declaring their willingness to acquire Andorran nationality and test your integration in Andorra.

Article 7 1. The children of a foreign person which occurred in Andorra by reason of marriage, and that are not the result of this marriage, may not acquire Andorran nationality.


2. In the event of annulment of marriage dissolution and link to different causes of death, the spouse who had purchased Andorran nationality under article 6 loses the Andorran nationality from the date of effectiveness of the Court ruling. However, for cases of dissolution of the bond to different cause of death, as long as they would have possessed the nationality for more than seven years, will be retained, saved will expressed against.

Article 8 1. People born in Andorra, daughters of father and mother be purchased Andorran nationality abroad, on condition that the father or mother to have effective and exclusive residence and domicile in Andorra during an uninterrupted period of twenty years, at least, and that they themselves have effective and exclusive residence and domicile, and test the loss of or of other nationalities holding.

If at the time of manifesting its desire to acquire Andorran nationality aged under sixteen years and have been represented in order to exercise such option, they will have to do, by the time you reach the age of eighteen, a personal statement and expressed in writing addressed to the Government confirming the decision to acquire Andorran nationality in the parents or guardians were taken on behalf of them. The absence of such a claim will result in the loss of Andorran nationality.

2. the partners of the people to which this article is applicable will be able to become Andorra at the same time that those born in Andorra if at the moment in which they take effect the acquisition of nationality three years have elapsed since the celebration of the marriage, and are resident in Andorra from three years at least. In this case will make the case envisaged in article 25 that will be presented in conjunction with the consort born in Andorra.

If at the time of the acquisition of the nationality of the born in Andorra, your consort does not comply with the conditions of residence and time of marriage mentioned to acquire Andorran nationality, will be able to accommodate to that foreseen in article 6.

Article 9 Can be given by the Government, at its own discretion to the Andorran naturalization person who proves to have the domicile and residence effective, exclusive and uninterrupted in the Principality since before January 1, 1960, that you ask for, test your integration in Andorra and loses or the other nationalities that holds.

The Government will draw up a regulation which shall determine the conditions that must be met are candidates for naturalization which, although applying the general criteria outlined in the previous section, will require conditions that take into account in the decision-making process, respecting, however, the principles of equality and fairness, and avoiding arbitrariness.

Article 10 The Andorran people that happened under the provisions of articles 4, 5, 6, 8, 9 and 11 will acquire the political rights in accordance with the common provisions on the subject.

Article 11 The minor, Bachelor, son of a person who has purchased Andorran nationality, it becomes full-fledged Andorran, saved the provisions of article 7, provided that it is subject to the parental authority of the parent and you have home from at least the same time as the parent in reason of which obtained the nationality, and try to have lost or nationalities that holds.

Your file must be handled in conjunction with your parent.

Article 12 Are andorrans, while conserving the functions and the respective trades: a) in accordance with article 48 of the Constitution, the personal representatives of the Co-princes in Andorra.

b) in accordance with the second transitional provision of the Constitution, the Constitutional Court Justices designated persons who are not locals.

c) in accordance with article 11.3 of the Constitution, clerics with ecclesiastical Office in the parishes of the Principality.

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

Article 13 the General Council, by a majority of 2/3, may confer the title of Andorra to foreign people who consider them worthy, its merits and acts towards the Principality.

Article 14 any person who holds the Andorran nationality may voluntarily surrender the same, whenever you try to have another nationality in the time when you want to lose it and the resignation would not fraud in the Andorran law. The resignation must be submitted to the Government which will verify the fulfillment of the two conditions above. If the fraud to the law came out and put out after having completed the loss, this will not be effective.

Article 15 Any person of Andorran nationality loses this nationality, if you acquire a foreign nationality from the date of this acquisition.

Article 16 in the case of marriage with a foreign person, the spouse of Andorra Andorran nationality won't lose, if the marriage does acquire the nationality of the other spouse in accordance with the national law of this, or if you don't have another in the sense of article 14.

Article 17 the Andorran nationality Loses the minor who is subject to the parental authority of a foreigner, because of adoption or legitimation.

Article 18 Loses the Andorran nationality the person who voluntarily fight in an army of a foreign State or being enrolled exerciti not force, although not prosper, the resources that the law of the foreign State said offers to hold the enlistment.

Article 19 the Andorran nationality Loses the person who plays a political or elective post in a foreign country, without having previously obtained the permission of the Government.

Article 20 the Andorran nationality Loses the who having the acquired in virtue of article 5 in all editorial departments of Andorran nationality code of 1977 and 1985 and articles 5, 8, 9 and 11 of the present law, does not keep or have kept the permanent and exclusive residence and effective in the Principality for at least ten years , from the time of the acquisition, in accordance with article 3.

Article 21 The who to purchase, maintain, recover or be recognized the Andorran nationality, had made false statements, including the default make legal or factual situations volunteer who had stopped to purchase, maintain, recover or be recognized nationality, you will lose the Andorran nationality from the moment in which the Government finds the false statement or omission, saved the rights of third parties without prejudice to incurring the crime typified in article 148 of the criminal code.

Article 22


1. The Andorran nationality is exclusive of any other, not allowing the dual or multiple nationality.

2. no one will be able to become Andorra if you don't lose or nationalities that have at the time of the acquisition or the recognition of the Andorran nationality under the terms of the present law.

3. All Andorra whether of origin, whether for acquisition, you get another nationality to have requested or have accepted without prior demand, lost in the same time of obtaining that Andorran nationality.

4. Any person who on the merits of the legal provisions in force at any given time since the 11 March 1977, have purchased Andorran nationality or readquirit or has been recognised, and they continue to hold other or other nationalities, must try to have lost this or these. To this end, will have a term of five years from the entry into force of the present law to take the necessary provisions, and in the following year, in the fifth, that is to say, in the sixth year from the date of publication of the Act, must have tested the effective loss.

5. Past the deadline without the interested parties have tested the loss will be deemed to have made a negative option of Andorran nationality and will, automatically and without the need for any administrative act or court, stripped of Andorran nationality.

6. The effects of the loss of nationality will be established by the Government in the personal file of each interested in the register of nationality, in the passports and in the national census. The Government will communicate this fact in the Commons which deleted the interested of the electoral lists to count the time of the notification, although taking note of the notification in the communal and municipal census records.

Those interested will have to return the Andorran Passport immediately, should be this commandeered, for being returned to the Government, for all of the agent that you have a record of loss of nationality.

It entrusts to the Government the development of a regulation that needs the practical procedure to comply with provisions in the present section.

Article 23 can retrieve the Andorran nationality: a) The people who have lost by reason of marriage to a foreign person.

b) minors who have lost the Andorran nationality as provided in article 17, require the following year to his age.

Article 24 recovery of Andorran nationality does not involve retroactive effects and the recovered nationality cannot be relied upon to the detriment of third parties for obligations for the possession of foreign citizenship.

Article 25 for the acquisition of Andorran nationality by virtue of articles 4, 5, 6, 8, 9 and 11, and for the recognition of nationality by virtue of articles 1 and 2 in the cases provided for in article 29, and recover in the case of article 23, it will be necessary to formulate a file submitted to the Government understanding of the matters that will tell you in the following articles.

When is positive the final resolution of the case by the Government, will contain the following formula: "Resolving favorably the transcript of the acquisition/reconnaissance/readquisició of the Andorran nationality, declares that the interested party will acquire Andorran nationality if, within a period of one year from the date of the notification, provides to the satisfaction of the Government, the test of having lost or nationalities that holds up now and declare , under oath, by writing to the same Government, not having done any act intended to empty the content loss ".

If the test and declaration received by the Government be judged sufficient, the Government, by Decree, which will take the consideration of administrative act for the purposes of jurisdictional control, will be presenting the country with effect from the day it was the loss of the previous citizenship, or the last loss of the possible multiple nationality lost. In the contrary case, the period of one year, will be a favourable resolution expired.

Article 26 the matter to go to the Government will be in two copies and you'll understand: 1. In all cases: a) birth certificate of the applicant.

b) birth certificate of the father and of the mother or the parents of the applicant.

c) certificates of residence by entering the date from which the applicant is resident in the Principality, delivered by common and by the Immigration Service, in your case.

d) certificate of loss of domicile and residence above.

e) certificate of criminal records of Andorra, in the country the nationality of which holds and countries of residence.

f) School Certificate of the Andorran schools specifying the years that has been registered and has studied in Andorra.

g) a written and signed Statement on a sheet apart, addressed to the Government, in which the applicant state his desire to acquire Andorran nationality, declares the will to defend the good order and well-being and independence of Andorra, commit to fulfil faithfully its constitutional system, its laws, customs, and duties of Andorran citizen.

2. In the case of article 4, proof of adoption comprising the administrative and jurisdictional acts that contain.

3. In the case of articles 6 and 8, proof of nationality of spouse and marital status certificate for picking up the marriage by virtue of which calls for the acquisition.

Article 27 once received by the Government will be instructed by services attached to the head of Government which will prompt the Immigration Service a report on the situation of the petitioner in respect of and effective residence in Andorra. For the needs of the survey will be processed at the Immigration Service a copy of the certificates provided by the petitioner, provided for in points 1 c), 1 d) and 1f), article 26, and those of other potential related to the domicile and residence, with exclusion of any other document which appears in the transcript.

Article 28 at the end of the instruction on the matter will be resolved by the Government by Decree, which must be motivated in the case of refusal.

Against the decision of the administrative appeals are planned by the Government will fit the Administration's Code.

Article 29 In the case of born in Andorra, sons of Andorran father or mother, provided for in article 1, and those born in Andorra with at least one parent of Andorra, as provided in article 2.1, do not need to submit a file.

In the other cases provided for in articles 1 and 2.2 will need to formulate a simplified transcript as they tell you in the next article.

Article 30


The file referred to in the previous article will contain the request, the birth certificate of the applicant and the documents that prove that the conservation of the Andorran nationality by the parent that holds.

Will be given to the file the same treatment provided in article 27.

Article 31 in terms of nationality, the option of a minor will be exercised as follows:-before the age of 16, by means of the legal representative of the minor.

-Between 16 and 18 years old, the minor shall exercise personally his option with the authorization of their legal representative.

Article 32 Are children born accidentally abroad and that if they had born in Andorra would be Andorran, assimilated to children born in Andorra, as long as the mother had at the time of birth residence and effective address in Andorra.

May only be invoked in the present article to enforce the forecasts of the same, during the 180 days after birth, for people who are born from the publication of this law and for one year from the date of publication of the present law by born since 1 January 1975.

After these deadlines may not purchase or apply for the recognition of the Andorran nationality on the merits of what is expected to be in this article, but you can ask for the acquisition or recognition in the case of having it right under other provisions of the present law.

Article 33 to the sufficiency of the integration in Andorra, required in articles 6, 8 and 9, will be appreciated by the Central Administration services that will fix the Government, in accordance with the regulation that the Government will draw up and publish.

Article 34 The legislative regulations, the necessary mechanisms for the verification of the existence or the absence of sufficient integration, so that these may be the most objective and tecnificats possible, disable the quebrantament of the principle of equality, despite avoiding take into account no discriminatory based on sex, race, religion, opinions, the nationality and the economic situation of the petitioner but taking into account the knowledge of the Catalan language and Andorran institutions as an essential element.

While that has not been published the regulation for the present article entrusts to the Government, will continue to be deciding, with an answer simply positive or negative without appreciation of the degree, the current Commission of the nationality, despite applying the principles suara mentioned.

Article 35 the documents with which the submitters have your file, as well as the reports and documents that the Government get the Immigration Service, in application of articles 26 and 27, and of the Commission of the nationality, in application of articles 33 and 34, will be confidential. Only be able to be communicated to the petitioner or to third parties that have a legal interest to challenge the request itself, the resolution relapse or in general the national status of the petitioner.

Article 36 shall be published in the official bulletin of the Principality of Andorra: a) The final resolutions of the Government that recognize the Andorran nationality or that established the right to acquire it.

b) Government decrees acknowledging or crediting the Andorran nationality to people who haven't obtained a final resolution of those indicated in the previous section of this article, have tried to have fulfilled the stipulations about the loss of or of the previous nationalities in article 22.

c) regarding government decrees or pronouncing the loss of Andorran nationality.

Article 37 Ultra civil actions that belong to a third party to assert before the competent jurisdictions, any person who has a legal interest may appeal the acts published in the official bulletin of the Principality of Andorra under the previous article within thirteen working days counting from the publication.

The appeal, which must be motivated in fact and law, will be the replacement cost in front of the Government and against the resolution relapse will be able to go in front of the administrative and tax jurisdiction or in front of the jurisdiction that is at all times competent to appreciate the legality of administrative acts of the Government. Resolutions of Justice "will be published in the official bulletin of the Principality of Andorra.

Final provisions First people to whom he refers in article 8.1 will be able to benefit from a temporary passport is compulsory until the moment when the Andorran, forecasts that are set in said article, to acquire Andorran nationality, or until you choose another nationality.

The first page after the number, you will get the mention "temporary passport". The mention of the rubric "nationality" does not imply any right acquired with regard to the future application of Andorran nationality.

To get the temporary passport must be addressed a petition to the Government proving, with the relevant administrative documents the date on which, in principle, his father or his mother shall be twenty years from home or effective residence in the Principality, and accompanied by the documents mentioned in paragraphs a), b), c), f) and g) of article 26 of this law.

In any case, the date of validity of the Passport delivered to these people does not exceed three months from the date on which the father or the mother of the applicant may be asked to twenty years of effective domicile and residence in the Principality.

From this time you won't be able to continue enjoying the Andorran passport, if it is not on the merits of attribution of the Andorran nationality, as described in article 8 and after you have followed the procedure established in this law.

When the applicant and his parents interrupt the residence in Andorra, transferring it to the outside, they must return the temporary passport. Equally, the need to return if they acquire an identity documents or travel titles of the countries where they are the national parents or of third countries.

Second the qualified law of nationality will enter into force when it is published in the official bulletin of the Principality of Andorra, once the provisions of article 63 of the Constitution.

Third abolishes all previous provisions contrary to this law.

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 Bishop of Urgell Co-prince of Andorra Ordinary Laws