Code of the Permanent Delegates Administration of SS. EE. the co-princes seen the Decree of 15 January 1981 in its preamble and, in particular, title II, 1st) related to the code of the Administration;

Seen the text of the code of Administration adopted by the General Council of the valleys to 13 July 1987;

By this law approve the code of administration, the text of which is as follows: chapter I the legal system and the sources of administrative law Article 1 the legal system of the Principality is subject to the principles of legality, of hierarchy, of publicity of legal regulations, non-retroactivity of the restrictive provisions of individual rights that involve an unfavorable effect or establish a penalty , of legal certainty, of the responsibility of the public authorities and of interdiction of all arbitrariness.

Article 2 The andorrans have the right to participate in public affairs through freely chosen representatives.

Have the right to access in the equality plan functions and to public office, according to the conditions required by law.

Article 3 Everyone will contribute to the public expense in proportion to their economic capacity, by means of a fair tax system, established by the law and based on the principles of Government and equitable distribution of tax burdens.

The establishment and execution of the budgets of public entities shall be governed by the principles of efficiency and economy.

Article 4 recognizes private property. May only be restricted in accordance with the law, for reasons of public utility or social interest, and by a fair compensation.

Article 5 the administration shall respect the principle of subsidiary character of the public activity with respect to the private initiative.

The Government will limit their activity to the essential services for the community, ensuring in all cases that their management, when possible and does not involve the exercise of functions of authority, will take place by means of indirect management formulas.

Article 6 of the public administration is governed by the norms: 1) of the Co-princes 2) of the General Council of the valleys 3) of the Executive Council in the exercise of its regulatory power, in accordance with the law in force.

4) of the local customary law and common law) 5 This enumeration in the established order, makes up the hierarchy of the legal rules in force in the Principality.

Article 7 any rules of lower rank may not, under penalty of annulment of right, infringe the rules established by a higher standard.

In any case, the judges, the courts, authorities or officials do not apply general provisions or regulations that transgredeixin the principle of hierarchy of the rules.

Article 8 One can resort to general principles of law as a means of interpretation of written rules, or to replace them as missing.

Article 9 any rules will not be mandatory before their official publication.

Unless you have otherwise by law of the Co-princes and the General Council, the legal rules will enter into force 15 days of full publication.

Article 10 In the performance of their individual events or individuals, all authorities have to respect the rules of a general nature, including those that lower authorities emanin.

Article 11 The administrative and tax jurisdiction will control the subjection to the law in the exercise of regulatory powers by the Executive Council, the subjection to the Law on the activity of the public administration listed in article 13 of the code, as well as the subjection to until this legitimate activity.

Chapter II the public administration Article 12 the public administration is the set of institutions, organizations and persons, by means of which the Executive power and local authorities ensure the implementation of the legal regulations and the functioning of public services.

Article 13 Constitute public administration: 1. The Executive Council and the bodies placed under his direction.

2. the common and quarters and the organs that depend on it.

3. autonomous organisms or entities STA.

Article 14 the Executive Council has the powers established by the Decree of 15 January 1981 and by the law of organization of the General Administration, adopted in accordance with the same Decree.

Article 15 the General Administration is sorted hierarchically. At the top of the hierarchy is the head of Government.

The General Administration is composed of a set of specialized administrations. Each one of these specialized administrations depends directly on the head of Government or is under the hierarchical authority of a Director, Member of the Executive Council.

The Secretaries and directors constitute the intermediate grades of the hierarchy.

The upper bodies of the Administration directed the activity of the subordinate organs by means of general service instructions, service orders or of particular character.

Article 16 the local corporations are also formed by administrations and specialised matrilineages, under the authority of their own organs.

These authorities only are subject to higher authorities with regard to the controls laid down by the law.

Article 17 the authorities and officials make sure always to the general interest. The facts and the reasons that motivate the actions of the Administration must be always submitted exactly.

Article 18 the deviation of power, understood as the use of administrative powers for purposes other than those that have been attributed to the legal system, will be cause for annulment of acts and responsibility for authorities and officials.

Article 19 the authorities and officials ensure the continued and regular functioning of public services.

Article 20 the public administration is subject to the law.

Within the framework of responsibilities created by the legal system and of the conditions for the exercise of these powers, the Administration has the initiative to make decisions and can appreciate the opportunity of its action.

The Executive Council shall exercise the statutory power in accordance with the article five, paragraph 9, of the law of organization of the General Administration, approved in accordance with the Decree of 15 January 1981.

Article 21 Everyone is equal in front of the public administration, without which it can be established any discrimination by reason of birth, race, sex, religion, opinion or any other personal or social consideration.

The Administration should treat all citizens with


equality, objectivity, neutrality and impartiality. The administrative services may not lead to any other remuneration than the laws and regulations will be authorised.

Article 22 No administrative authority or official has no other powers or powers which are conferred by law or which are delegated in accordance with the law.

Article 23 The administrative acts are presumed valid and are executoris, without prejudice to the jurisdictional or administrative resources available are administered against administrative actions that any infringement of their rights or their legitimate interests.

The subjection to the law in the exercise of regulatory powers and in the activity of the Administration will be controlled by the administrative and tax jurisdiction.

Article 24 All public administration agent is liable to his superiors of the performance of your service. Is subject to the disciplinary power, but can only be sanctioned by the authority determined by law, according to a procedure that guarantees the audience and the defence of the interested party, and with the sanctions established by a pre-existing legal rule.

Article 25 the law will establish recruitment procedures which provide the administration officials and agents with all warranties of fitness and competition.

These procedures will be equally intended to guarantee equality of access to public office, taking into account the merits, the titles and the ability of each.

The law determines the conditions under which they may be recruited people who don't enjoy the Andorran nationality.

Article 26 All civil servant is obliged to the duties of diligence and backup. Civil servants are subject to the same civil and criminal laws that other citizens. The law can special crimes typified by repressing the faults in particular serious present a link to the function.

Article 27 the Administration is responsible for the property damage that may result. This responsibility is enforceable in accordance with the provisions of Chapter V of the present code.

Article 28 conflicts of powers that oppose to the Executive Council and the authorities of one or several parishes, or who oppose several Parishes together, or you disagree with a Parish and the quarters that compose it, will be resolved by the General Council without prejudice to recourse to the Co-princes.

The conflicts of powers that oppose several organs of the same administration will be resolved by the superior common.

Chapter III Administrative Act 1. General provisions Article 29 The administrative acts, the effects of which part of the manifestation of the will of an authority, working girl or staff, or their consent or agreement, or which are contract preparatory or other administrative acts, are subject to the General rules of the present chapter.

The laws and regulations may establish specific rules for certain categories of acts or for certain acts that are not contrary to the rules of the present code.

Article 30 within the framework of the administrative hierarchical organization, the above can give orders or instructions of service to their subordinates.

The measures of interior order do not have direct effects on the administered.

If an order or instruction contained provisions under which they generate obligations for administered, this provision would only be valid if met the conditions of the corresponding regulatory act.

2. Rules relating to the competition Article 31 to be valid, the administrative acts have been carried out under a competition according to law and by an authority or agent that have regularly attributed this competition.

Article 32 cannot validly be dictating any administrative act before its author does not have regularly attributed the competence to do this. Also cannot validly be passed after the official cessation of the functions of its author.

The acts that involve attribution or cessation of competition must be published.

Article 33 All authority, without prejudice to the discretionary power of the choice of the object and the time of their decisions, has to exercise its jurisdiction.

The passivity or administrative inaction may be constitutive of illegality and generate administrative responsibility.

In cases in which the administrative authority has not prescribed any deadline for taking the measures of execution of laws and regulations, their inaction should not extend beyond a reasonable period.

Article 34 the holder of a competition may only delegate it if the legal rule that attached to the competition provides for and authorises the delegation.

The delegation must be made by means of a written, dated and signed by the delegate. The Act should indicate precisely the owner, the object and the nature of the delegation, and must be posted.

Unless you are expressly authorised, the head of a delegation may not subdelegar the powers that you have been assigned.

Article 35 general rule, it will only produce signature offices. The delegation is made to a person nominally designated. The delegate is ability to sign acts or to take decisions in place of the delegate. This retains the power to evoke the matters included in the delegation. The delegate rest responsible for the acts carried out by the delegate.

Exceptionally, in the cases provided for by the regulation authorizing the delegation of administrative powers delegations can occur. The delegation is made to the owner of a function and benefits the successive holders of the function as it does not end there. The delegate to the delegate the exercise of certain of its powers and cannot evoke Foreign Affairs included within the framework of the delegation. The delegate is responsible for the acts carried out by him. The delegate can still control its action.

The delegate may at any time put an end to the delegations that have established.

3. form of the administrative acts Article 36 before taking a decision, may be prescribed certain preparatory acts in order to provide the public administration elements of judgment or give a guarantee to the administered.

Without this enumeration being limited thereto, the preparatory acts may consist in the consultation of persons or organisations qualified, research, hearing of the interested parties, etc.

If these procedures are established in the interest of individuals, these must be accurately informed of the days, sites and subject to consultation and must be able to properly present their observations.

In the event that the formalities prescribed have been


skipped or have been carried out irregularly, the event will be URanul.lat if one can reasonably think that the decision could be different if the Administration had respected those formalities.

Article 37 the deliberations of the governing collegiate must be carried out in the forms prescribed by the laws, regulations and customs that govern the Organization and operation.

Without prejudice to these particular rules, will have to respect the following rules: 1. Be validly held no meeting if members of the Assembly have not been regularly summoned within a reasonable period which, except in cases of urgency, must not be less than two days.

2. Except for majority acceptance of the Assembly, only you will be able to deliberate on the issues placed on the agenda of the day indicated in the call.

3. The president shall be the police of the Assembly, ensure discipline and administered by the regularity of the deliberations. If the rules that govern the Assembly does not require the public or secret meeting, the president will decide, in accordance with the General Assembly, on the admission or non-admission of the public.

4. Unless special provisions are contrary, an Assembly can only deliberate validly if at the beginning of the session are present or are represented more than half of the members that compose it. If this quorum is not achieved, there will be a new call for proposals within a period of no less than twenty-four hours. In the second call, the Assembly may deliberate without conditions of quorum.

5. The resolutions shall be taken by a majority of voters. In case of equal division of votes, the president enjoys vote ruling.

6. Each session, you will get a record written and signed by the president and by the Secretary. This record shall at least the decisions taken and the votes that have taken place.

7. Unless a contrary provision, the public will have the opportunity to learn about the events.

Article 38 The administrative acts must be written, and dated and signed by the competent authority.

Article 39 The administrative acts have to be motivated when you produce an unfavorable effect on those to whom they apply and when, despite a favorable effect, they deviate from decisions adopted in other similar cases.

The motivation must lead to the statement of the considerations of law and of fact constituting the grounds for the decision.

Article 40 however the provisions of article 38, the silence kept by the Administration about a request that has been made can have value of decision: a) exceptionally, a decision of acceptance in the cases in which they set a rule expressly;

b) generally, decision of rejection of the application or rejection, when the Administration lets the request without response for a period of two months.

However, even after the expiration of this deadline, the Administration can make a decision favourable to the applicant.

You will be able to appeal against the tacit decision of the Administration, before the competent jurisdiction, under the conditions and deadlines will be set by the law regulating the administrative and tax jurisdiction.

Article 41 the data contained in the administrative act enjoy presumption of accuracy. In the event of appeal, the evidence of the inaccuracy must be provided by the appellant.

The Administration can always correct material errors that are warned. These corrections cannot be modified as the content, the meaning or the scope of the Act.

Article 42 1. The administered have the right to ask the knowledge of administrative documents, except for the exceptions set out, both on behalf of the Administration as administered, by paragraphs 2, 3 and 4 of the present article.

The information will take place, depending on the case, either by the free consultation at the offices of the Administration, either by the delivery of copies at applicant's expense.

Any fraudulent use of the information so obtained will be prosecuted criminally.

The administered that believe being the subject of a refusal of information can go directly to the administrative and tax jurisdiction.

2. The Directors may refuse access to documents protected by secret established by law.

3. The information contained in the administrative documents are only nominatives comunicables people who are holders of a subjective right or a legitimate interest, personal and direct in the affair.

Nominatives are considered the information that allow, under the form it may be, directly or not, the identification of the persons to which they refer.

4. the documents containing personal details of a police procedural, clinical or of any other nature, that may affect the security of the people, their honor, the intimacy of their private and family life, or your own image, may only be communicated with the express consent of those affected, or when fifty years have passed since his death, or by court order.

4. the decision Article 43 All decision must be free of Vice. The aim of the administrative authority does not have to have been caused by deception or violence. Does not have to contain errors of law or of fact.

5. Effectiveness of administrative acts in the time Article 44 Those administrative acts may not, in principle, produce effects that are remuntin to a date prior to its enactment.

The administrative act exists and comes into force from the moment in what has been made the manifestation of intention of the administrative authority that dictates.

This manifestation of will is usually certified by the signature of the event.

Article 45 the effectiveness of the Act with respect to those to whom it applies is subject to regular performance of advertising measures aimed at making known the Act those interested and make it executori.

These measures are: the publication, with regard to the notification regulations, with regard to individual acts Article 46 the extent of ordinary advertising is the publication in the Official Gazette. In addition, you can use the traditional publication by edicts or any other procedure specifically established by a rule.

Article 47 the notification must be made in writing, either to the administrative offices to call for the Administration, whether at home, to a qualified agent or by letter with acknowledgement of receipt.

The notification must be made mandatory in the people who are affected in their rights or interests by the Act, or to their representative.

The notice must contain instructions


enough about its content and its date, and shall state the resources that they can bring with them, in order to be enforceable both in the Administration and interested.

Unless a contrary provision, the single act will be applicable at the same moment in which you make the notification.

The absence or irregularity of the notification deadlines suspended resource.

Article 48 Are full-fledged null are administrative acts: a) given by a manifestly incompetent b) in which the content is impossible or is establishing a criminal infringement c) who transgress in a complete and utter the procedure legally established in their respect, or that violate the rules essential to the expression of the will of the governing collegiate d) that violate article 7 of the present Code Article 49 1. Are void Alliance acts of the Administration that any transgression of the administrative arrangement, understood the deviation of power.

However the only way Vice will bring about the annulment if the skipped formalities were essential because the Act achieved its end or if the interested parties have been deprived of the means of Defence established in their interest.

The administrative acts carried out outside the time limit will be void Alliance only if the nature of this deadline it imposes.

2. The Administration will be able to validate the acts void Alliance by correcting the vices affecting them.

to) if the Vice is the incompetence, the validation will be made by the competent body, if this is the superior of the author of the irregular Act. The validation will produce effect to your date, without prejudice to the provisions concerning the retroactivity of administrative acts.

b) if the defect is in the absence of an authorization required, the validation result of the granting of the approval by the competent body.

6. The execution of the administrative acts Article 50 administrative acts regularly dictates and published or notified are executoris, unless they are subject to condition or in a subsequent approval, impose both administrative and judicial authorities and administered. Must be obeïts by all those who imposed obligations.

The filing of any appeal does not suspend the execution of the contested act. However the authority that has to resolve the appeal may suspend the execution of the trip in the event that the execution could cause damage of difficult or impossible to repair or when it's null acts in its own right.

Article 51 of the law of the competent authority will establish criminal and administrative sanctions in order to repress the disobedience to the administrative acts. Will regulate also the cases in which the public administration may go to enforce.

Exceptionally, in the event of extreme urgency, and if there is no other way to avoid a serious danger, the administrative authorities may resort to compulsory execution measures, even without legislative provision, and without prejudice to the liability of the Administration that may arise.

Administrative sanctions may not be superior to those penalties, nor ever lead to deprivation of liberty. You may not impose a penalty simultaneously criminal and another to the same fact, except in cases of special clamping of the inculpado credit.

Sanctioning procedure established by special laws and regulations must respect, in any case, the provisions of chapter lX of the present code.

Chapter lV administrative contracts Article 52 the awarding of all contracts for works, supplies and management of public services that celebrates the directors will take place with respect of the principles of publicity and concurrence. Excepts of this rule are cases in which will require a special qualification, and the small amount of contracts.

The contracts that the prescription of transgredeixin the previous section will be null, unless reasons of urgency and of extreme need in justified the award without prior formalities.

Article 53 the formalities to be accomplished for the auctions, tenders, contests and announcements of deals, as well as the cases in which you will use each of these procedures shall be fixed by the competent authority.

Article 54 the doubts and disputes relating to the interpretation, amendment or termination of contracts for works, supplies or services will be resolved by the contracting administration.

The decisions that can be appealed before the administrative and tax jurisdiction.

Article 55 1. Contracts for works, supplies or services shall be governed by the rules of the tender conditions as applicable, to those that result from the laws and regulations in force prior to their signing and, moreover, by the common law.

2. If the needs of the public service so require, the Administration may modify the terms of the contract, indemnitzant, when appropriate, the Contracting Party for any damage actually caused. For the same reason and under the same conditions the Administration will be able to proceed with the termination of the contract.

Article 56 The Contracting Parties shall be entitled to be reimbursed for the damages that are caused by the actions or decisions of a general nature affecting so serious an element of the contract, as well as for those who may be new, strange events to the will of the parties and that involve an alteration of the planned economic conditions for their execution.

Article 57 Without prejudice to the right to compensation provided by the preceding articles, the holders of agreements for public works and public services concessionaires are required to ensure the execution of their duties without any interruption.

Chapter V administrative responsibility Article 58 Any fact, action or omission of public authorities referred to in article 13 of this code, to produce a damage, if it is susceptible of administrative responsibility involved in accordance with article 59, obliges the administration charge to repair the damage caused.

To give rise to the right to repair, the harm must be the way, financially assessable, has can be individualized in a person or group of people, and injure a situation protected by law.

If the damage has its origins in a malicious or in fact a gross negligence attributable directly to an authority, civil servant or agent, and this fact or negligence can detach himself from the function, may require the personal responsibility of its author to the civil.

If the Government acts in law relations


private, will respond directly and for civil damages caused by its authorities, officials or agents, and the performances of all of them will be considered to be acts of the public administration.

Unless a contrary provision, the public administration is not responsible for the damages caused by the holders of administrative concessions or caused by contractors running works, services or supplies for the administration.

Article 59 Constitute causes of administrative responsibility: 1. The lack of service, brought about by the bad organisation of the service, for its operation in illegal conditions or technically defective, or the lack of operation of the service in those cases in which it was obliged to do so.

2. The abnormal risk, caused by the performance of administrative activities that expose one or more managed to danger and exceptional, even if those activities were carried out in general interest.

3. The breakdown of the equality before the law and before public services because of decline in one or more people the benefits given to others who are in the same situation, or to impose them higher loads at weighing on other citizens, without which this inequality of treatment may be justified for legitimate reasons.

4. The delay of the Administration in compliance with firm judgments and executives.

5. the other cases established by law.

Force majeure is due hold harmless from liability. The fortuitous, the fact of a third party and the guilt of the victim may exempt or modular that responsibility.

Article 60 for the calculation of the compensation we will take into account the situation as it was before the fact occurs. The injury will be assessed at the date on which the repair to take place.

The compensation should cover exactly the harm caused, it must compensate for the damage suffered by the victim and should not produce an enrichment of this.

Article 61 the claim must be submitted to the Administration responsible. The right to claim in the prescribed period of one year from the date on which was in fact, the action or omission that motivates.

The claim is subject to the rules set out in chapter Vlll of this code.

Against the decision of the Administration responsible for be able to interpose administrative resource, in accordance with Chapter lX of this code, the resource that will be a necessary requirement for the access to the Court.

Article 62 The administrative and tax jurisdiction is, in any case, competent to understand the action of administrative liability if the injured party does not obtain satisfaction for administrative.

Article 63 if the public administration estimated 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 neglect serious, administrative and tax jurisdiction can ask that emplaci as a part in the trial, in order to undergo the sentence.

If public administration is doomed without having placed the authority, civil servant or agent referred to in the preceding paragraph, may repeat against him by means of an action for compensation. This action will be posed in front of the administrative and tax jurisdiction.

Article 64 If an authority, civil servant or agent is pursued by the victim of a tort before the civil jurisdiction, and estimated that the facts that you are charged give rise to the responsibility of a public administration, should raise the exception of incompetence of jurisdiction.

Chapter Vl the public function Article 65 the permanent exercise of the public will be entrusted to civil servants, subject to a statutory regime of public law that respects the service objective in the general interest and the principles of efficiency, of impartiality and subject to the rules of law and the respect for the institutions of the Principality.

The public will also be able to hire the services of other personnel for the carrying out of studies, projects or other benefits of temporary or indefinite nature. The litigation to which it could give rise these contracts will depend on, depending on the nature of the contract, civil jurisdiction or the jurisdiction of employment.

Article 66 civil servants are required to the faithful performance of their function and in obedience to the orders and instructions of their superiors. Should collaborate with their colleagues to the improvement of the service and in the coordination of activities.

To address the audience with an extreme correction.

Respect their superiors, will be respected and obeyed by the subordinate officials quickly corrected and mancaments of their duties.

Officials will be able at all times to conduct a perfect dignity, respect the duty of discretion and of reservation with respect to the matters of which they have knowledge by reason of their functions and to service consagraran the best of their professional skills and their ability to work.

Civil servants may be required, by reason of their function, to professional secrecy.

The exercise of the public function is incompatible with the trade or industry and with any trade, profession or by the public.

Article 67 civil servants are entitled to the protection that involves dependent and social consideration due to their hierarchical status and for the dignity of the public function.

Have the right to appropriate remuneration that enables them to live with dignity that requires their function.

At the same time, have the right to stability of employment, paid vacation and a retirement pension at the age and on the conditions determined by law.

Article 68 the recruitment of civil servants will be subjected to advertising rules and competition. Will take place by way of competition or of examinations under the conditions fixed by the competent authorities, which shall respect in all circumstances the principles of ability and merit in the selection of candidates.

Article 69 the civil servants are responsible for the good management of the service that they have in their Office.

The responsibility of civil servants does not exclude that it may affect other hierarchical levels.

Article 70 civil servants shall be liable civilly, criminally and disciplinàriament of mancaments to their duties, and the damage caused to the service or to the administered.

Article 71 officials will respond to the administration of any damages that may be caused to the goods and services they have in their Office.

The responsibility will be refined to administrative.

The officer will be able to appeal before the administrative and tax jurisdiction against the decisions that harm.

Article 72


The disciplinary procedures are divided into three classes: minor, serious and very serious.

1. The offences shall be sanctioned directly by the superior, after hearing of the previously official informed of the facts that you were charged. The sanction will document in a record written by the top, from which you will copy to the interested party.

2. The penalties for serious offences very serious and will be enforced by means of a procedure which gives rise to a case that involves the communication of charges and evidence to the inculpado credit and the procedure of hearing with the possibility of Defense.

3. The higher sanction for the very serious offences is the separation of the service, which will be imposed by the authority invested the power of appointment.

Article 73 The prescription periods are two months for minor offences, for one year for serious offences and two years for very serious offences. These terms will be calculated from the moment at which the lack has been known by the official or the authority invested the power of sanction.

Article 74 The disciplinary responsibility is separate from civil and criminal liability that may correspond with the same facts.

Article 75 all the issues that arise between officials and the public body of which depend on, whether the General Council, the Executive Council, the common, parapublic entities or other administrative and tax jurisdiction will be in front of the recurribles.

Chapter VII the goods of the public 1. Goods in the public domain and private domain goods or assets Article 76 the goods of the Andorran public, general and local, are classified as goods in the public domain or public goods, and private domain goods or assets.

Public domain goods are the goods of the people affected in the Andorran public public use, at least tacitly, or to a public service as an essential element of this, or the promotion of national wealth, and those to which a law expressly does not give this character.

They belong to the public domain personalty that make up the artistic heritage, historical or documentary in possession of the public administration.

The provisions of this chapter are not applicable to the goods belonging to the Co-princes or in the Church.

Article 77 1. Heritage assets are: a) the goods belonging to the public and people who do not form part of the public domain b) real rights and lease of which these people are holding, as well as the rights of any nature derived from the domain of the patrimonial goods c) disembodied property rights that belong to) the titles of civil or commercial companies e) any other right to which the people are public and you don't have to be considered

public domain.

2. cultural goods are subject to the regime of private law.

Article 78 the goods in the public domain will lose this quality and will be integrated into the private heritage of the public in question: a) by decision of the General Council expressed, of Commons or of the previous quarters, file with public information that establishes that the right has ceased to be necessary for the public use, public service or the promotion of national wealth;

b) by reason of their non-use for twenty years for public service or use, or, in the case of affected property to public use in consideration of their nature, to their alteration or physical degradation without human intervention for twenty years.

Article 79 The patrimonial goods will acquire the quality of goods in the public domain: a) when, by an express decision, are affected to a use or a public service b) when they have been used during the period of one year for a use or a public service Article 80 without any formal ceremony, will be the consideration of public domain assets are assets acquired by way of usucapió to the public When come to be destined to the use or to the public service during the period of prescription.

Article 81 the goods acquired by expropriation affected will be considered for the purposes of the agencies or services that have given rise to the Declaration of public utility or general interest.

Article 82 the General Council and the Executive Council, the common and the quarterfinals have full capacity to acquire by all means legal to possess the goods of all kinds, and to exercise the resources and the necessary actions in defence of their rights.

Article 83 The vacant property belong to the General Council, in quality of heritage assets.

The Declaration of vacation or abandonment corresponds to the civil jurisdiction by means of an abbreviated procedure that, in any case, will understand the following stages: 1. Demand for vacant assets Declaration 2. Notification of the claim to all the people who may hold any title on the fingers goods, and publication in the Official Gazette 3. Decision of the civil jurisdiction this decision will be firm and Executive once spent thirteen days of its publication in the Official Gazette and in two newspapers in greater disclosure in the Principality, and has not been challenged by anyone.

In the event that appear in the purported owners of the goods in question, it will follow the General rules of civil procedure.

Article 84 the institutions listed in article 82 and the public authorities with legal personality will be able to purchase goods in without any restriction.

However, if the acquisition was subject to conditions or onerous forms, acceptance will only be possible with prior case in which will prove that the value of the encumbrance does not exceeds the value of the asset purchased.

Acceptance of inheritance shall be understood as always to the benefit of inventory.

Article 85 The acquisitions charges will be subject to rules of advertising and competition and will be developed according to the established procedures for the procurement.

However, and although it is not used the procedure of expropriation, the General Council, the Executive Council, and the common and Quarters will be able to bypass the procedure of recruitment and authorize the direct acquisition of property or land on which to build, when the acquisition is made according to the particularities of the well, when the needs of the public service so require or when the operation has to be carried out with extreme urgency.

2. Legal Regime of assets of the public Article 86 the goods in the public domain are unalienable and inalienable imprescriptibles retained, while this character.

Article 87 the disposal of real property shall require the prior


Declaration of alienabilitat and will be made by public auction.

Corresponds to the General Council, in the Commons and in the quarterfinals the Declaration of alienabilitat of real estate not affected the public service and the use of which for these purposes is not expected in the short term.

Article 88 The real estate heritage declared as alienables under the conditions provided for in the preceding article, may be permutats by other aliens, subject to expert appraisal and provided that the difference in value between the permutats property does not exceed fifty per cent of the more elevated.

Article 89 the goods the use or exploitation of the public which is not predictable can be lent free of charge to institutions or corporations who have to use them for purposes of public utility or social.

Article 90 may not be create loads that video goods and property rights but in the conditions required for their transfer.

Article 91 the use of the goods affected public services will be subject to the rules of these services, as well as the rules established by the authorities and the civil servants who are responsible.

Article 92 The patrimonial goods will be exploited all gleaned from the best profitability and by means of the usual forms of civil and commercial practice.

However the leases to individuals and any other form of transfer shall be subject to the procedures of advertising and competition and will be awarded through public auction.

Article 93 the Administration may proceed with the delimitation between the goods that belong to and property belonging to third parties when the boundaries are imprecise or appear signs of usurpation. The delimitation will be by means of an administrative procedure that involves the audience of interested parties.

Once you have indicated this administrative procedure of delimitation, will not be able to initiate any legal proceedings with the same object, or be admitted interdictes about the State of the buildings, to the term possessori procedure of delimitation.

Article 94 the General Council and the Executive Council, the communes and the quarters will be able to recover by themselves the possession of their goods in the public domain at any time.

Will be able to retrieve the private domain goods within the period of one year from the date of the usurpation.

After this period, they will have to exercise the reivindicatòria action before the ordinary courts.

Interdictes will not be accepted against the actions of the Administration on this matter.

Article 95 Are individuals who for any information given or in any other way have helped the public to retrieve their property, will be rewarded in the way that the regulations will determine and without the value of the reward can exceed ten per cent of the value of good recovered.

Article 96: the General Council, the Executive Council, the communes and the quarters rise up an inventory of the goods in the public domain and adjacent terrains and buildings especially understand that property and personalty of historical, artistic or documentary, of considerable economic value.

Article 97 the extinction of constituted rights on the goods in the public domain under permit, authorisation, concession or any other title, and of the possessòries that are the result, will take place by administrative instruction of a previous transcript in the course of which those concerned must be heard.

Following the legal rules applicable, the interested party will have or not entitled to compensation.

Article 98 officials of the management of the property of public persons, by actual malice or negligence, have been at the origin of the loss or degradation of these assets will respond before the administration of the loss or damage suffered by this.

This responsibility sustanciará in a separate administrative procedure or in a disciplinary procedure. The Administration will be able to recover from the damage from the salary or the heritage officer, without prejudice to recourse to part of this before the administrative and tax jurisdiction.

Article 99 The that to grieving or for negligence causing damage to goods in the public domain or usurp, will be punished with a fine the amount of which will rise to double the damage caused or the value of the right usurped, without prejudice to the compensation of damages or restitution of the good.

Article 100 When the facts that relate the previous articles constitute breaches of criminal nature, the administrative procedures will be on hold while that jurisdiction does not answer.

3. Use of public domain goods Article 101 the use of affected goods to a public use will be considered: 1. A common use, when this is the same for all citizens without distinction, so that the use on the part of a few does not exclude the use by others, and may be: in general, when there are particular circumstances) b) Special , when particular circumstances by reason of the danger or the intensity of the use, or by other causes.

2. proprietary use, when to take place via the use of a portion of the public domain in conditions that limit or exclude the use by others.

Article 102 use special common public domain goods may be subjected to a tailored to the nature of the asset, the events of their involvement and their opening to the public use and general rules.

The authorisations will be granted directly, unless, for some circumstance, their number has to be limited; in this case will be granted through bidding, and if this is not possible because all of the candidates to meet the same conditions, by means of a draw.

Authorisations granted in accordance with personal considerations of the subject or granted in limited number, will not be transmissible.

Article 103 The proprietary uses of the public domain that do not require the completion of permanent works will be subject to temporary employment permits that the Administration may withdraw at any time without compensation for the occupant.

When there are several candidates for temporary employment, the concession will be made following the rules of advertising and competition.

Article 104-owned public domain jobs that require the completion of permanent works will be subject to administrative concession by competition of projects and for a limited time which may not exceed ninety-nine years.

The concession does not affect the right of the property and will have to


respect the rights of third parties, and, although not proposals explains, the Faculty of administration of rescue before it expires if there are reasons of public interest which justify it. The Administration will have to repair the harm caused to the concessionaire, unless it suffers no damage.

4. communal Goods Article 105 communal assets, whether or not they affected the public use or public service, or the promotion of national wealth, will always be subject to the legal system of the goods in the public domain.

The use of the communal property can be the subject of expropriation to be affected in a public service.

At the end of this affecting its use be returned to the holder of the communal well.

Without prejudice to the acquired rights, proprietary use of the communal goods will be subject to administrative concession which may not exceed a maximum period of thirty years.

You can permute portions of communal territory with lots of private or communal territory, prior judicial appraisal and by file with public information and provided that the difference in value between the permutats property does not exceed fifty per cent of the more elevated.

Chapter VIII administrative procedures 1. General provisions Article 106 any procedure established by special laws or regulations must respect, in any case, the provisions of this chapter.

Article 107 the administrative procedure may be initiated on the initiative of the administration or of the person concerned.

A person is considered to be: a) that promotes as the owner of the rights or legitimate interests b) that, without having started the procedure, also holds the rights that could be directly affected by the decision is adopted c) that may be affected by the resolution in their direct, personal and legitimate interests and personi in the procedure, while not gone final resolution in both cases administrative authorities, must respect the formalities, deadlines, measures of education and publicity measures prescribed by the laws and regulations, as well as all the necessary procedures to ensure the regularity and the opportunity of the administrative action, its conformity to the general interest and respect for the rights and legitimate interests of managed and public freedoms.

2. Applications and other initiatives of interested Article 108 Are interested with capacity to act may act through a representative. Administrative actions will be understood with the representative when you ask for the interested party.

To formulate claims, desist of instances and give up rights on behalf of others, you will need to provide proof of performance by means of a public document, private document with signature by entitled and, if the case, validated, or power "apud acta". For acts or actions of pure procedure, representation is presumed.

When a document is signed by several interested parties, actions which give the written will be understood with the first signatory, with the exception of the case in writing to be expressed otherwise.

Article 109 unless the provisions in force have otherwise, any application must be made in writing and must be dated and signed by the applicant or by his representative.

The applicant, eventually, you must provide a test of the performance of the application and of the date.

The Administration has an obligation to deliver you the reception acusaments, receipts, certificates of registration or any other document required for this purpose.

Those interested in administrative proceedings shall be entitled to meet, at any time, the status of your submission, and to this end will be able to ask for the relevant information about the corresponding offices.

Interested parties may request that it be issued certified copy of any particular extreme content in the file.

The expedition of these copies may not be denied when you've fallen in the transcript.

In the presentation of a document, the interested parties may be accompanied by a copy in order that the Administration, after the corresponding check, the return to the original.

Those interested will be able to apply for the breakdown of the documents and their return, which determined in civil servant who instructed the procedure, which will let you note or witness in the case.

If it is a document certifying the representation and power were general in nature for other issues, the breakdown of this and your return to the interested party will have to agree on the period of three days.

Article 110 the application must contain the reasons or reasons of law or of fact on which it is based.

The motivation must be precise and explicit way presented in order that the Administration is in a position to decide with full knowledge of cause.

Article 111 The application must be accompanied by corresponding annexes of documents or the necessary justifications, that the applicant may have.

When at any time it deems that any of the acts of the interested parties do not meets the necessary requirements, the Administration will inform of its author, giving it, in order to fill them, a period which may not exceed ten days.

Article 112 the application must be submitted to the authority competent to take a decision in accordance with the rules in force and within the deadlines set.

The public administration will determine the offices or services to which the interested parties will have to address, depending on the nature and the object of the affair.

Article 113 When an authority is considered incompetent to understand on a request received, the transfer to the competent authority that it considers all informing the interested party to this transfer.

The conflicts of powers will be solved according to the provisions of article 28 of the present code.

3. The instruction of Article 114 of the administrative services have the function to instruct the records, that is to say, to gather all the elements that allow the competent authority to make a decision with full knowledge of cause.

In accordance with article 36 of the present Code, it is necessary to respect the regulations on forms prescribed eventually.

The measures of instruction and, especially, the information that may be required to the interested parties may constitute grounds for an extension of the deadlines for taking the decision, extra time which may not exceed half of the related deadlines, if the circumstances so advise and if this extension is not prejudice rights of third parties. This possibility cannot affect ever


the terms of the administrative resources and jurisdictional.

Article 115 the authority or official in which will give some of the circumstances that are detailed in the following paragraph, shall refrain from intervening in the procedure and this will be communicated to his immediate superior, which resolved that it is appropriate.

Are reasons for abstention: a) Have personal interest in the matter or be interested entity company or Manager, or have an interest in any other similar issue, the resolution of which could influence on that, or have pending disputes with any interested party.

b) Relationship of consanguinity to the fourth degree or affinity up to the second, with any of the interested parties, with the administrators of companies or interested entities and also with the advisers, legal representatives or officials involved in the procedure.

c) intimate Friendship or enmity with any of the people mentioned in the previous section.

d) have had intervention as an adjuster, or as a witness in the proceedings in question.

The performance of the officials in which there are exceptional reasons for abstention, not necessarily imply the invalidity of the acts in which they have been involved.

The superior organs will be able to sort the people in which has some circumstances detailed in this article to refrain from any intervention in the case.

The non-abstention in cases where this is coming from will result in liability.

Article 116 in the cases provided for in the previous article may promote's challenge at any point during the processing of the procedure before the officer or his or her immediate superior.

The challenge will take in writing which will give you the cause or causes in which they are based.

The next day, the recusat manifest to your immediate superior if it concurs or not in him the cause at. alleged. In the first case, the superior agreed then the replacement.

If we deny the cause of challenge, the superior will resolve within three days, before the reports and the checks it deems appropriate.

Against the decisions in this matter, there is no consequences of resource, without prejudice, however, claimed the challenge at the time of the administrative resource, according to court or brought it from, against the Act which will conclude the procedure.

Article 117 in the course of the hearing, the interested party must submit to the Administration, within the deadlines set, all documents, information, tests and investigations that become necessary.

Article 118 if during the instruction of a procedure that has not enjoyed the publicity in a legal way, warned the existence of interested parties holding rights that could be directly affected by the decision and they have not appeared in the proceedings, will be communicated to these people the processing of the file.

Article 119 in the course of the instruction, the Administration may take the measures necessary and conservatòries provisòries measures to safeguard the decision you have to take.

These measures do not prejutjaran the final decision.

Will be banned cause irreparable damage that measures those interested or that involve violation of rights guaranteed by the law.

Article 120 at the end of the instruction of the file will be notified to the interested parties who have a period of ten days to inform the State of the same file, for the claimed that they deem appropriate and to submit the documents and justifications that believe necessary for the resolution of the affair. You can bypass this procedure when they are collected in the file or be taken into account in the resolution other facts or arguments and evidence adduced by the applicant.

4. the decision Article 121 in accordance with article 33 of the present Code, the Administration that has been the subject of a request should be taken, in principle, a decision and notify the applicant, within the terms established by the law or by the regulations.

If the Administration refuses or neglects to answer, your silence will produce the effects provided for in article 40.

Within two months, giving the silence of the Administration the sense of a tacit decision of refusal may be extended in accordance with article 114.

Article 122 Any you may withdraw your request or give up on their right.

If the request was made by two or more interested, the withdrawal or renunciation will affect only those who have formulated.

The Administration will be limited to accept the withdrawal or renunciation and will dictate a resolution declaring the procedure done, except in the case that interested third parties have appeared in the procedure and ask the then within ten days after the discontinuance should be.

If the question raised in the procedure to become a general interest, the Administration will be able to follow the procedure depriving the decision of all the interested effect.

Article 123 When a file is paralyzed due to causes attributable to the administered, the administration shall issue to the latter that, after two months, there will be the expiry date of the said file and stored. Will not apply this rule when there are third parties interested in the transcript that ask the then within ten days after they notify the resolution of expiration.

Chapter IX administrative appeals Article 124 All person who believe aggrieved by an act or resolution of the Administration will be able to stand it resource, in the following form: a) When the Act has been dictated by the Executive Council, the Executive Council before the replacement resource b) In all other cases, appeal to the Executive Council the deadline for the filing of any of the two resources is thirteen days from the date of notification of the Act that it covers.

The resolution of the appeal, is of replacement, is tall, puts an end to the administrative.

Article 125 The previous filing of an administrative appeal is a necessary requirement for access to the Court.

Article 126 after a period of two months from the filing of administrative resource without which it has notified the corresponding resolution, the appeal will be dismissed and will be open the Court.

Article 127 Against the express or tacit rejection of the appeals are administered may be lodged, within thirteen days, before the administrative and tax jurisdiction.

128 article When in an administrative or court will bring forth like the arguments that affect third parties or


When the resolution might harm them in their rights or interests, we shall appeal to these people, giving them a period of thirteen days to present the allegations deemed appropriate in defense of their rights.

Article 129 The filing of any resource does not imply the suspension of the contested act, but the authority which compete their resolution will be able to arrange the ex officio or at the request of a party, provided that the execution of the route could cause damage of impossible or difficult to repair or that the Act is section 3(1) to the causes of invalidity in its own right.

Chapter X 130 Article Deadlines the Administration, with the exception of the precept contrary, will be able to provide, at the request of the interested parties, an extension of the deadlines set, provided that this does not exceed half of the related terms, if circumstances so require and with this extension will not harm the rights of third parties. This possibility cannot affect the jurisdictional and administrative deadlines ever.

The law may establish, exceptionally, for certain cases, shorter terms of the provisions of this code, but in any case the deadlines that are set will not be reduced by more than half.

Article 131 the terms will always count from the day after the notification or publication of the Act in question.

Unless expressly stated otherwise, the terms determined in days I will be in working days and are excluded from the calculation are holidays.

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.

Article 132 When an act has to be executed in a public office, the deadline will expire on the last day at the normal time of closing the offices, except in the case that it is established otherwise.

Transitional provision While not actually put in the administrative and tax jurisdiction, the functions provided for by article 11 of this code by the Administration is exercised in accordance with the law in force prior to the same code.

Perpignan and La Seu d'Urgell, twenty-nine of March nineteen hundred eighty-nine The Permanent Delegate of the Episcopal Co-Prince parliamentary co-Principality S.E. Marquis Permanent Delegate S.E. the French Co-prince Roger Gros