The Andorran People, with full liberty and independence, and in the exercise of their own sovereignty,
Conscious of the need to conform the institutional structure of Andorra
to the new circumstances brought about by the evolution of the
geographical, historical and socio-cultural environment in which it is
situated, as well as of the need to regulate the relations which the
institutions dating back to the Pareatges. shall have within this new
Resolved of the need to be endowed with all the mechanisms leading to
juridical security in the exercise of the fundamental rights of the
individual, which, although always present and respected in the nature
of Andorran society, have not received the protection of any kind of
Eager to use every endeavour to promote values such as liberty,
justice, democracy and social progress, and to keep and strengthen the
harmonious relations of Andorra with the rest of the world, and
especially with the neighbouring countries, on the basis of mutual
respect, co-existence and peace,
Willing to bring their collaboration and effort to all the common
causes of mankind, and especially to those of preserving the integrity
of the Earth and guaranteeing an environment fit for life for the
Desiring that the motto "virtus, unita, fortior", which has presided
over the peaceful journey of Andorra over its more than seven hundred
years of history, may continue to be a completely valid principle and
may always guide the conduct of Andorrans,
Approve the present Constitution, in the exercise of their sovereignty.
SOVEREIGNTY OF ANDORRA
1. Andorra is a Democratic and Social independent State abiding by the Rule of Law. Its official name is Principat d'Andorra
2. The Constitution proclaims that the action of the Andorran State is
inspired by the principles of respect and promotion of liberty,
equality, justice, tolerance, defence of human rights and dignity of
3. Sovereignty is vested in the Andorran People, who exercise it
through the different means of participation and by way of the
institutions established in this Constitution.
4. The political system of Andorra is a parliamentary Coprincipat
5. Andorra is composed of the Parròquies of Canillo, Encamp,
Ordino, La Massana, Andorra la Vella, Sant Julià de Lòria
1. Catalan is the official language of the State.
2. The national anthem, the State flag and the coat of arms of Andorra are the traditional ones.
3. Andorra la Vella is the capital of the State.
1. The present Constitution, which is the highest rule of the legal
system, binds all the public institutions as well as the individuals.
2. The Constitution recognizes the principles of equality, hierarchy,
publicity of the judicial rules, non-retroactivity of the rules
restricting individual rights or those that are unfavourable in their
effect or sanction, juridical security, accountability of public
institutions and prohibition of any kind of arbitrariness.
3. The universally recognized principles of international public law are incorporated into the legal system of Andorra.
4. The treaties and international agreements take effect in the legal
system from the moment of their publication in the Butlletí
Oficial del Principat d'Andorra and cannot be amended or repealed by
RIGHTS AND FREEDOMS
CHAPTER I. General Principles
The Constitution recognises human dignity to be inalienable and
therefore guarantees the inviolable and imprescriptible rights of the
individual, which constitute the foundation of political order, social
peace and justice.
The Universal Declaration of Human Rights is binding in Andorra.
1. All persons are equal before the law. No one may be discriminated
against on grounds of birth, race, sex, origin, religion, opinions or
any other personal or social condition.
2. Public authorities shall create the conditions such that the
equality and the liberty of the individuals may be real and effective.
CHAPTER II. Andorran Nationality
1. The status of Andorran national, as well as its legal effects, is
acquired, kept and lost in accordance with the regulations of a Llei
2. The acquisition or retention of a nationality other than Andorran
shall entail the loss of the latter, subject to the terms and periods
established by law.
CHAPTER III. The fundamental rights of the person and public freedoms
1. The Constitution recognises the right to life and fully protects it in its different phases.
2. All persons have the right to physical and moral integrity. No one
shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
3. The death penalty is prohibited.
1 All persons have the right to liberty and security and shall only be
deprived of them on such grounds and in accordance with such procedures
as are established in the Constitution and the laws.
2. Executive detention shall take no longer than the time needed to
carry out the enquiries in relation to the clarification of the case,
and in all cases the detained shall be brought before the judge within
3. The law shall establish a procedure so that the detained may request
the court to decide about the lawfulness of the detention. Likewise the
law shall establish the procedure to restore the impaired fundamental
rights of any person under detention.
4. No one shall be held criminally or administratively liable on
account of any acts or omissions which were lawful at the time when
they were committed.
1. All persons shall have the right to jurisdiction and to have a
ruling founded in the law, and to a due trial before an impartial
tribunal established by law.
2. All persons shall have the right to counsel and the technical
assistance of a competent lawyer, to trial within a reasonable time, to
the presumption of innocence, to be informed of the charges against
them, not to declare themselves guilty, not to testify against
themselves and to appeal in criminal causes.
3. In order to guarantee the principle of equality, the law shall regulate the cases when justice shall be free of cost.
1. The Constitution guarantees the freedom of ideas, religion and cult,
and no one is bound to state or disclose his or her ideology, religion
2. Freedom to manifest one's religion or beliefs shall be subject only
to such limitations as are prescribed by law and are necessary in the
interests of public safety, order, health or morals, or for the
protection of the fundamental rights and freedoms of others.
3 The Constitution guarantees the Roman Catholic Church free and public
exercise of its activities and the preservation of the relations of
special co-operation with the State in accordance with the Andorran
The Constitution recognises the full legal capacity of the bodies of
the Roman Catholic Church which have legal status in accordance with
their own rules.
Freedoms of expression, of communication and of information are
guaranteed. The law shall regulate the right of reply, the right of
correction and professional secrecy. Preliminary censorship or any
other means of ideological control on the part of the public
authorities shall be prohibited.
1. The civil status of persons and forms of marriage shall be regulated
by law. The civil effects of Canon Law marriage shall be recognised.
2. The public authorities shall promote a policy of protection of the family, which is the basic foundation of society.
3. Both spouses have the same rights and duties. All children are equal before the law, regardless of their parentage.
The right to privacy, honour and reputation shall be guaranteed. All
shall be protected by law against unlawful interference in their family
and private life.
Inviolability of the dwelling shall be guaranteed. No one shall enter a
dwelling or any other premises against the will of the owner or without
a warrant, except in case of flagrant delicto. The privacy of
communication shall also be guaranteed, except upon a reasoned court
The right to meet and assemble for any lawful purpose shall be
respected. The exercise of the right of assembly requires that the
authorities be notified in advance, and shall not prevent the free
movement of goods and people.
The right to associate for a lawful purpose shall be recognised. A law
shall establish a Registry of the associations which may be constituted.
The right to form and maintain managerial, professional and trade-union
associations shall be recognised. Without prejudice to their links with
international institutions, these organizations shall operate within
the limits of Andorra, shall have their own autonomy without any
organic dependence on foreign bodies and shall function democratically.
Workers and employers have the right to defend their own economic and
social interests. A Law shall regulate the conditions to exercise this
right in order to guarantee the functioning of the services essential
to the community.
1. All persons have the right to education, which shall be oriented
towards the dignity and full development of the human personality, thus
strengthening the respect for freedom and the fundamental rights.
2. Freedom of teaching and of establishing teaching centres shall be recognised.
3. Parents have the right to decide the type of education for their
children. They also have the right to moral or religious instruction
for their children in accordance with their own convictions.
1 Everyone has the right to move freely throughout the national
territory and to enter and leave the country in accordance with the
2. Andorran nationals and lawful resident aliens have the right freely to choose their residence in Andorra.
The non-renewal of the residence permit or the expulsion of a lawful
resident shall only be decided pursuant to the causes and terms
determined by law, after a non-appealable court decision, if the
interested person exercises his or her right to jurisdiction.
Everyone with a direct interest has the right to petition the public
authorities in the form and with the effects provided by law.
CHAPTER IV. Political rights of Andorran nationals
All Andorrans of age, in full use of their rights, enjoy the right of suffrage.
All Andorran nationals have the right of accession to public service
and office under the same conditions and in accordance with the
requirements determined by law. The exercise of institutional posts is
reserved to Andorrans, with the exceptions that may be provided for in
this Constitution or in international treaties.
Andorrans have the right freely to create political parties. Their
functioning and organization must be democratic and their activities
lawful. The suspension of their activities and their dissolution is the
responsibility of the judicial organs.
CHAPTER V. Rights, and economic, social and cultural principles.
1. Private property and the rights of inheritance are recognised
without other limits than those derived from the social function of
2. No one shall be deprived of his or her goods or rights, unless upon
justified consideration of the public interest, with just compensation
by or pursuant to a law.
The right of enterprise shall be recognised within the framework of the market economy and in accordance with the law.
All persons have the right to work, to their promotion through work,
and to just income which shall guarantee a living befitting human
dignity for themselves and their families, as well as to the reasonable
limitation of the working day, weekly rest and paid vacation.
The right to health protection and to receive services to look after
personal needs shall be respected. With that intent the State shall
guarantee a system of Social Security.
The State has the task of ensuring the rational use of the soil and of
all the natural resources, so as to guarantee a befitting quality of
life for all and, for the sake of the coming generations, to restore
and maintain a reasonable ecological balance in the atmosphere, water
and land, as well as to protect the autochthonous flora and fauna.
The State may intervene in the ordering of the economic, commercial,
labour and financial system to make possible, within the frame of a
market economy system, the balanced development of the society and
The public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing.
The State shall guarantee the conservation, promotion and diffusion of
the historical, cultural and artistic heritage of Andorra.
The rights of consumers and users shall be guaranteed by law and protected by the public authorities.
The State may create media of social communication. In accordance with
the principles of participation and pluralism, a law will regulate
their organization and control by the Consell General.
CHAPTER VI Duties of Andorran nationals and of aliens
All individuals and juridical persons shall contribute to the public
expenditure depending on their economic capacity, by means of a just
taxing system, pursuant to a law and founded upon the principles of
generality and equitative distribution of tax burdens.
The State may create by law types of community service to pursue tasks of general interest.
CHAPTER VII. Guarantees of rights and freedoms
1. The rights and freedoms recognised in CHAPTERs III and IV of this
Title bind immediately all public authorities as directly enforceable
law. Their contents cannot be limited by law and are protected by the
2. Aliens legally resident in Andorra can freely exercise the rights and freedoms of CHAPTER II of this Title.
3. The rights of CHAPTER V form the basis of the legislation and the
actions of the public authorities, but they may only be invoked within
the conditions determined by the laws.
The exercise of the rights recognised in this Title may only be
regulated by law. The rights of CHAPTERs III and IV shall be regulated
by means of lleis qualificades.
1. The rights and freedoms recognised in CHAPTERs 111 and IV are
protected by regular courts through urgent and preferent proceedings
regulated by law, which in any case shall be transacted in two
2. A law shall create an exceptional Procedure of Appeal before the
Tribunal Constitucional against the acts of the public authorities
which may violate the essential contents of the rights mentioned in the
paragraph above, with the exception of the case provided for in ARTICLE
1. A Llei Qualificada shall regulate the states of alarm and emergency.
The former may be declared by the Govern in case of natural
catastrophes, for a term of fifteen days, notifying the Consell
General. The latter shall also be declared by the Govern for a term of
thirty days in the case of interruption of the normal functioning of
democratic life and this shall require the previous authorisation of
the Consell General. Any extension of these states requires the
necessary approval of the Consell General.
2. Under the state of alarm the exercise of the rights recognised in
ARTICLEs 21 and 27 may be limited. Under the state of emergency the
rights covered by ARTICLEs 9.2, 12, 15, 16, 19 and 21 may be suspended.
The application of this suspension to the rights covered in ARTICLEs
9.2 and 15 must apply under the control of the judiciary
notwithstanding the procedure of protection established in ARTICLE 9.3.
1. In accordance with the institutional tradition of Andorra, the
Coprínceps are, jointly and indivisibly, the Cap de l'Estat, and
they assume its highest representation.
2. The Coprínceps, an institution which dates from the Pareatges
and their historical evolution, are in their personal and exclusive
right, the Bishop of Urgell and the President of the French Republic.
Their powers are equal and derive from the present Constitution. Each
of them swears or affirms to exercise their functions in accordance
with the present Constitution.
1. The Coprínceps are the symbol and guarantee of the permanence
and continuity of Andorra as well as of its independence and the
maintenance of the spirit of parity in the traditional balanced
relation with the neighbouring States. They proclaim the consent of the
Andorran State to honour its international obligations in accordance
with the Constitution.
2. The Coprínceps arbitrate and moderate the functioning of the
public authorities and of the institutions, and are regularly informed
of the affairs of the State by their own initiative, or that of the
Síndic General or the Cap de Govern.
3. Except for the cases provided for in this Constitution, the
Coprínceps are immune from suit. The acts of the
Coprínceps are under the responsibility of those who countersign
1. The Coprínceps, with the countersignature of the Cap de
Govern, or when appropriate, of the Síndic General, as
a) Call for general elections in accordance with the Constitution.
b) Call for a referendum in accordance with ARTICLEs 76 and 106 of the Constitution.
c) Appoint the Cap de Govern following the procedure provided for in the Constitution.
d) Sign the decree of dissolution of the Consell General following the procedure of ARTICLE 71 of the Constitution.
e) Accredit diplomatic representatives of Andorra to foreign States. Foreign envoys present credentials to each of the two.
f) Appoint the holders of office of the other institutions of the State in accordance with the Constitution and the laws.
g) Sanction and enact the laws in accordance with ARTICLE 63 of this Constitution.
h) Express the consent of the State to honour its international
treaties under the provisions of CHAPTER III of Title IV of the
i) Perform such other functions as may specifically be conferred to them by the Constitution.
2. The dispositions provided for in letters g) and h) of this ARTICLE
shall be simultaneously brought to the attention of each
Copríncep, who shall sanction and enact them or express the
consent of the State, as may fit the case, and the Coprínceps
shall ordain their publication within the period between the eighth and
the fifteenth days thereafter.
In that period the Coprínceps, individually or jointly, may send
a reasoned message to the Tribunal Constitucional, so that this
institution may render judgment on their constitutionality. If the
resolution is positive the act may be sanctioned with the signature of
at least one of the Coprínceps.
3. When there may be circumstances impairing one of the
Coprínceps from formalising the acts listed in part 1 of this
ARTICLE within the periods constitutionally provided for, his
representative shall make it known to the Síndic General, or
when appropriate, to the Cap de Govern. In that case, the acts, norms
or decisions in question shall take effect once the aforementioned days
have elapsed with the signature of the other Copríncep and the
countersignature of the Cap de Govern, or, when appropriate, the
1. The Coprínceps may perform the following acts of their free will:cralaw
a) The combined exercise of the prerogative of grace.
b) The creation and structuring of the services considered to be
necessary for the performing of their institutional functions, the
appointment of the holders of these services and their accreditation to
c) The appointment of the members of the Consell Superior de la
Justícia, in accordance with ARTICLE 89.2 of the Constitution.
d) The appointment of the members of the Tribunal Constitucional, in accordance with ARTICLE 96.1 of the Constitution.
e) The requirement of a preliminary judgment of unconstitutionality of the laws.
f) The requirement of a judgment about the unconstitutionality of international treaties, prior to their ratification.
g) The lodging of conflict before the Tribunal Constitucional in
relation to their constitutional functions, under the provisions of ARTICLEs 98 and 103 of the Constitution.
h) The granting of the agreement for the adoption of the text of an
international treaty, in accordance with the provisions of ARTICLE 66,
before its parliamentary approval.
2. The acts derived from ARTICLEs 45 and 46 are exercised by the
Coprínceps personally, except for the faculties provided for in
letters e), f), g), and h) of this ARTICLE, which may be performed by
The General Budget of the Principality shall assign an equal amount to
each Copríncep, for the functioning of their services, which
amount they may freely dispose of.
Each Copríncep appoints a personal representative in Andorra.
In case of vacancy of one of the Coprínceps the present
Constitution recognises the validity of the mechanisms of substitution
provided for in their respective legal systems, so as not to interrupt
the normal functioning of the Andorran institutions.
THE CONSELL GENERAL
The Consell General, which expresses the mixed and apportioned
representation of the national population and of the seven
Parròquies, represents the Andorran people, exercises
legislative powers, approves the budget of the State and prompts and
controls the political action of the Govern.
CHAPTER 1. Organization of the Consell General
1. The Consellers are elected by universal, free, equal and direct
suffrage for a four-year term. Their mandate shall cease four years
after their election or on the day that the Consell General is
2. Elections shall be held between the thirtieth and fortieth days following the dissolution of the Consell General.
3. All Andorran nationals fully enjoying their political rights are entitled to vote and to be eligible for election.
4. A Llei Qualificada shall regulate the electoral system and shall
envision the causes for ineligibility or incompatibility of Consellers.
The Consell General consists of a minimum of twenty-eight and a maximum
of forty-two Consellers Generals, half of whom shall be elected in an
equal number by each of the seven Parròquies and the other half
elected on the basis of a national single constituency.
1. The members of the Consell General have the same representativity,
are equal in terms of rights and duties and are not subject to any form
of imperative mandate. Their vote is personal and may not be delegated.
2. The Consellers may not be called to account for votes cast or any utterances made in the exercise of their functions.
3. Throughout their term the Consellers may not be arrested or
detained, except in the cases of flagrant delicto. But for that case,
their detention and prosecution shall be decided by the plenary session
of the Tribunal de Corts and the trial shall be held by the Tribunal
The Consell General draws up and modifies its own Rules of Procedure,
with a majority vote of the Chamber, it fixes its budget and regulates
the statute of the staff at its service.
1. The Sindicatura is the ruling organ of the Consell General.
2. The Consell General assembles in its inaugurating session fifteen
days after the proclamation of the electoral results. The Síndic
General, the Subsíndic General and, should this be the case, the
other members who may statutorily be part of the Sindicatura, shall be
elected in that same session.
3. The Síndic General and the Subsíndic General may not
exercise their office for more than two consecutive full terms.
1. The Consell General meets in traditional ordinary and extraordinary
sessions, convened in the form prescribed in the Rules of Procedure.
There shall be two ordinary periods of session throughout the year, as
prescribed in the Rules of Procedure. The sessions of the Consell
General are public, unless otherwise decided by the absolute majority
of its members.
2. The Consell General functions as a Plenum or in committees. The
Rules of Procedure shall provide for the formation of legislative
committees such that they represent the composition of the Chamber.
3. The Consell General appoints a Comissió Permanent to
safeguard the powers of the Chamber while it is dissolved or in the
period of recession. The Comissió Permanent, under the
presidency of the Síndic General, shall be formed in a way that
will represent the apportioned composition of the Chamber.
4. The Consellers may form grups parlamentaris. The Rules of Procedure
shall provide for the rights and duties of the Consellers and of the
grups parlamentaris, as well as for the statute of those Consellers not
attached to a group.
1. The resolutions of the Consell General shall only take effect when
it meets with the minimum attendance of half of the Consellers.
2. The resolutions take effect when approved by the simple majority of
the Consellers present, notwithstanding the special majorities
prescribed in the Constitution.
3. The approval of the lleis qualificades prescribed by the
Constitution requires the final favourable vote of the absolute
majority of the members of the Consell General, except for the Lleis
Qualificades of elections and referendums, as well as for those of
communal competence, and of transference to the Comuns, the approval of
which requires the final favourable vote of the absolute majority of
Consellers elected in parish constituencies and the absolute majority
of Consellers elected in the national constituency.
CHAPTER II. Legislative procedure
1. The legislative initiative corresponds to the Consell General and to the Govern.
2. Three Comuns jointly or a tenth part of the electoral roll may put forward Private Members' Bills to the Consell General.
3. Govern Bills and Private Members' Bills shall be examined by the
Plenum of the Chamber and by the committees in the form prescribed by
the Rules of Procedure.
The Consell General may delegate the exercise of the legislative
function to the Govern, by means of a law. This function may not be
sub-delegated. The law of delegation determines the matter delegated,
the principles and directives under which the corresponding legislative
decree of the Govern shall be issued, as well as the term of its
exercise. The authorization will provide for the parliamentary forms of
control of the delegated legislation.
1. In cases of extreme urgency and need, the Govern may present the
Consell General with an ARTICLEd text for approval as a law, in a vote
on the whole text, within the period of forty-eight hours.
2. The matters reserved to a Llei Qualificada may not be subject to
legislative delegation or to the procedure provided for in part 1 of
1. The initiative of the Bill of the General Budget corresponds
exclusively to the Govern, which has to submit it for parliamentary
approval at least two months prior to the expiration of the previous
2. The Bill of the General Budget shall be given priority over other
matters and it will be carried out in accordance with a specific
procedure, as prescribed in the Rules of Procedure.
3. If the Bill of the General Budget has not yet been approved on the
first day of the corresponding fiscal year, the Budget of the previous
year shall automatically be extended until the new one may be approved.
4. The Bill of the General Budget may not impose taxes.
5. The Finance Committee of the Consell General shall make an annual revision of the execution of the Budget.
1. The Consellers and the grups parlamentaris have the right to amend Govern and Private Members' Bills.
2. The Govern may request the Consell General not to debate those
amendments implying an increase of expenditure or a decrease of revenue
in relation to the amounts provided for in the Law of the General
Budget. The Consell General, by an absolute majority vote of the
Chamber, may challenge that request by means of a reasoned motion.
Once a bill has been passed by the Consell General, the Síndic
General will present it to the Coprínceps so that they may
sanction it, enact it and order its publication in the Butlletí
Oficial del Principat d'Andorra.
CHAPTER III. International treaties
1. The international treaties shall be approved by the Consell General
by absolute majority of the Chamber in the following cases:cralaw
a) Treaties linking the State to an international organization.
b) Treaties related to internal security and to defence.
c) Treaties related to the territory of Andorra.
d) Treaties affecting the fundamental rights regulated in Title II.
e) Treaties implying the creation of new burdens for the Public Finances.
f) Treaties creating or modifying dispositions of a legislative nature
or requiring legislative measures for their implementation.
g) Treaties dealing with diplomatic representation or consular functions, about judiciary or penitentiary cooperation.
2. The Govern shall inform the Consell General and the
Coprínceps of the conclusion of the other international
3. The previous agreement of the absolute majority of the Chamber shall
be required for the repeal of the international treaties affecting the
matters enumerated in epigraph 1.
For the purpose of furthering the interests of the Andorran people, of
international progress and peace, legislative, judicial and executive
functions may be relinquished only to international organizations and
by means of a treaty which shall be passed by a majority of two-thirds
of the members of the Consell General.
1. The Coprínceps participate in the negotiation of the treaties
affecting the relations with the neighbouring States when dealing with
the matters enumerated in letters b) o and g) of ARTICLE 64.1.
2. The Andorran delegation with the task of negotiating the treaties
mentioned in the previous paragraph, shall be composed of the members
appointed by the Govern and by a member appointed by each
3. The adoption of the text of treaties shall require the agreement of
the members appointed by the Govern and of the members appointed by the
The Coprínceps are informed of the other drafts of international
treaties and agreements, and by request of the Govern, they may be
associated to the negotiation before their parliamentary approval, if
the national interest of Andorra so requires.
CHAPTER IV. Relations of the Consell General with the Govern/
1. After each renewal of the Consell General, its first session, which
will be held in the next eight days following the inaugurating session,
shall deal with the election of the Cap de Govern.
2. The candidates shall be put up for nomination by a fifth of the
members of the Consell General. Each Conseller may only endorse one
3. The candidates shall present their programme and after a debate, the
Consell General shall elect the one that obtains the absolute majority
of votes, in the first public ballot after a debate.
4. Should a second ballot be needed, only the two contenders with the
best results in the first ballot may maintain their candidacy. The
candidate with more votes shall be proclaimed Cap de Govern.
5. The Síndic General shall present the result of the ballot to
the Coprínceps so that the elected candidate may be appointed as
the Cap de Govern, and the Síndic General shall countersign the
6. The same procedure shall be followed in the other cases of vacancy of the office of Cap de Govern.
1. The Govern as a whole is politically answerable to the Consell General.
2. A fifth of the members of the Consellers may sign a reasoned motion of censure in writing against the Cap de Govern.
3. After the debate held within the third and fifth days after the
presentation of the motion, there shall be a public and oral vote, in
accordance with the Rules of Procedure. The motion shall be carried
only if it receives the votes of the absolute majority of the Consell
4. If the motion of censure is approved, the Cap de Govern shall be
dismissed. Immediately after, the Council shall proceed as provided for
in the ARTICLE above.
5. No motion of censure may be proposed within the six months following the most recent election of the Cap de Govern.
6. The signatories of a motion of censure may not propose a further one until a year has elapsed.
1. The Cap de Govern may lodge a motion of confidence before the
Consell General about his programme, about a declaration of general
policy or about a decision of special significance.
2. Confidence shall be considered as granted if it receives the simple
majority of votes in a public, oral vote. If the Cap de Govern who does
not attain this majority he or she shall tender his or her resignation.
1. The Cap de Govern, after consulting the Govern, and under his or her
own responsibility, may request the Coprínceps to the dissolve
the Consell General prematurely. The decree of dissolution shall call
new elections in accordance with ARTICLE 51.2 of the Constitution.
2. No dissolution shall be carried out after the presentation of a motion of censure or under the state of emergency.
3. No dissolution shall be carried out before one year has elapsed after the most recent elections.
1. The Govern consists of the Cap de Govern and the Ministers, their number being determined by law.
2. Under the direction of its Head, the Govern conducts the national
and international policy of Andorra. It conducts the State
administration and is vested with statutory powers.
3. The Public Administration serves the general interest with
objectivity and works in accordance with the principles of hierarchy,
efficiency, transparency and full submission to the Constitution, the
laws and the general principles of the legal system defined in Title I.
All their acts and provisions are subject to jurisdictional control.
The Cap de Govern is appointed by the Coprínceps, after his or
her election under the terms provided for in the Constitution.
The Cap de Govern and the Ministers are subject to the same jurisdictional status as the Consellers Generals.
The Cap de Govern or, when appropriate, the competent Minister,
countersigns the acts of the Coprínceps provided for in ARTICLE
The Cap de Govern, with the approval of the majority of the Consell
General, may request the Coprínceps to call a referendum about
The Govern ceases with the dissolution of the legislature, with the
resignation, death or permanent disability of the Cap de Govern, with
the approval of a motion of censure or the lack of assent in a motion
of confidence. In all such cases the Govern shall continue its
functions until the time a new Govern is formed.
1. The Cap de Govern may not hold office for more than two consecutive complete terms.
2. Membership of the Govern is incompatible with membership of the
Consell General, or with the exercise of any public office not derived
from the said membership of the Govern.
1. The Comuns, as organs of representation and administration of the
Parròquies, are public corporations with legal status and with
local regulatory powers subject to law by means of ordinacions,
regulations and decrees. Within the area of their jurisdiction subject
to the Constitution, the laws and tradition, the Comuns function under
the principle of self-government, recognised and guaranteed by the
2. The Comuns represent the interests of the Parròquies, approve
and carry out the communal budget, fix and develop their public
policies within the bounds of their territory and manage and administer
all parish property, whether in the communal, public, patrimonial or
3. Their ruling organs are elected democratically.
1. Within the framework of their administrative and financial autonomy,
the Comuns have their powers delimited by a Llei Qualificada, at least
in the following matters:cralaw
a) Population census.
b) Electoral roll. Participation in the management of the electoral
procedure and administration under the terms provided for by the law.
c) Popular consultations.
d) Commerce, industry and professional activities.
e) Delimitation of the communal territory.
f) Property of their own, and of the communal public domain.
g) Natural resources.
h) Cadastral register.
i) Local planning.
j) Public thoroughfares.
k) Culture, sports and social activities.
l) Communal public services.
2. Within the framework of the State's power to impose taxes, the
aforementioned Llei Qualificada determines the economic and fiscal
faculties of the Comuns needed for the exercise of their jurisdiction.
These faculties shall deal at least, with the use and exploitation of
natural resources, traditional tributes, and with the taxes for
communal services, administrative licences, establishment of
commercial, industrial and professional activities and real estate.
3. Matters under the jurisdiction of the State may be delegated to the Parròquies by law.
In order ensure the economic capacity of the Comuns, a Llei Qualificada
shall determine the transfer of funds from the General Budget to the
Comuns, and guarantee that one part of these funds be apportioned in
equal quantities to each of the Parròquies, and the other part
to be shared proportionally on grounds of population, extension of
their territory and other indicators.
1. Conflicts arising from the interpretation or exercise of
jurisdiction between the general organs of the State and the Comuns
shall be settled by the Tribunal Constitucional.
2. The acts of the Comuns shall be directly enforced through the means
established by law. Against such acts administrative and jurisdictional
appeals may be lodged with the purpose of controlling their conformity
with the legal system.
The Comuns have legislative initiative and are entitled to lodge
appeals of unconstitutionality under the terms provided for in the
The laws shall take into account custom and usage in order to determine
the jurisdiction of Quarts and Veïnats, as well as their
relationship with the Comuns.
1. In the name of the Andorran people, justice is solely administered
by independent judges, with security of tenure, and while in the
performance of their judicial functions, bound only to the Constitution
and the laws.
2. The whole judicial power is vested in a uniform organization of
Justice. Its structure, functioning and the legal status of its members
shall be regulated by a Llei Qualificada. No special jurisdiction shall
1. The rules of jurisdiction and procedure applying to the Administration of Justice are reserved to the law.
2. In all cases, judgments shall be justified, founded in the legal system and publicly declared.
3. Criminal trials are public, notwithstanding the limitations provided
for by the law. Its procedure is preferently oral. The judgment which
ends the first instance shall be rendered by a judicial organ different
from the one in charge of the proceedings, and this judgment may always
be subject to appeal.
4. The jurisdictional defence of the general interest may be carried
out by means of popular action in the cases regulated by the laws of
The judicial power is held by the Batlles, the Tribunal de Batlles, the
Tribunal de Corts, and the Tribunal Superior de la Justícia
d'Andorra, as well as by the respective presidents of those courts, in
accordance with the laws.
Judgments, once final, have the value of res judicata and may not be
modified or quashed except in the cases provided for by the law or
when, in exceptional cases, the Tribunal Constitucional, after the
corresponding process of Constitutional appeal, decides that they were
rendered in violation of certain fundamental rights.
1. The Consell Superior de la Justícia, as the organ of
representation, direction and administration of the organization of
Justice, watches over the independence and proper functioning of the
Justice. All its members shall be Andorran nationals.
2. The Consell Superior de la Justícia consists of five members
appointed among Andorrans over twenty-five years of age, conversant
with the Administration of Justice. One shall be appointed by each
Copríncep, one by the Síndic General, one by the Cap de
Govern and one by Magistrates and Batlles. They hold office for a
six-year term and may not be elected twice consecutively. The Consell
Superior de la Justícia is presided over by the member appointed
by the Síndic General.
3. The Consell Superior de la Justícia appoints Batlles and
Magistrates, exercises disciplinary authority over them and promotes
the conditions for the Administration of Justice to carry out its
duties with the means available. In order to fulfil this aim it may
render its opinion in relation to the drafting of bills affecting the
Judiciary or to report on the situation of the latter.
4. The Llei Qualificada concerning the Judiciary shall regulate the functions and jurisdiction of this Consell Superior.
1. All Judges, whatever their rank, shall be appointed for a renewable
six year term, by academically qualified lawyers and with technical
capacity for the performance of the judicial office.
2. The Presidents of the Tribunal de Batlles, the Tribunal de Corts,
and the Tribunal Superior de la Justícia are appointed by the
Consell Superior de la Justícia. The length of their term of
office and the conditions for their eligibility shall be determined by
the Llei Qualificada mentioned in ARTICLE 89.4 of the Constitution.
1. The office of Judge is not compatible with any other public post or
with the exercise of commercial, industrial or professional activities.
Remuneration of Judges is in the sole responsibility of the State
2. While Judges hold office they may not be reproved, displaced,
suspended, or removed from their post, unless pursuant to a sanction
imposed on grounds of disciplinary or criminal liability, by means of a
procedure regulated by the Llei Qualificada and with the rights of
hearing and defence fully guaranteed. The same law shall also regulate
the cases of civil liability of Judges.
In accordance with the laws and notwithstanding the personal liability
of those who caused them, the State shall cover the damages for the
problems caused by the miscarriage of justice or the abnormal
functioning of the Administration of Justice.
1. The Public Prosecution has the task of watching over the defence and
enforcement of the legal system, and the independence of courts, as
well as the task of promoting before them the enforcement of the law,
in order to safeguard the rights of the citizens and the protection of
the general interest.
2. The Public Prosecution is composed of members appointed by the
Consell Superior de la Justícia, upon the advice of the Govern,
for renewable six-year terms, by persons qualifying to be appointed as
Judge. Their legal status shall be regulated by law.
3. The Public Prosecution, presided over by the Fiscal General de
l'Estat, functions in accordance with the principles of legality, unity
and internal hierarchy.
The Judges and the Public Prosecution are in charge of police activities related to judicial matters as provided for by the law.
THE TRIBUNAL CONSTITUCIONAL
1. The Tribunal Constitucional is the supreme interpreter of the
Constitution, functions jurisdictionally, and its decisions bind public
authorities and individuals alike.
2. The Tribunal Constitucional decides on its own rules of procedure
and carries out its functions subject only to the Constitution and the
corresponding Llei Qualificada regulating it.
1. The Tribunal Constitucional is composed of four Constitutional
magistrates, appointed among persons of known juridical or
institutional experience, one by each of the Coprínceps and two
by the Consell General. They may not hold office for more than two
consecutive eight-year terms. The renewal of the Tribunal
Constitucional will be partial. The system of incompatibility shall be
regulated by the Llei Qualificada mentioned in the preceding ARTICLE.
2. The Tribunal Constitucional is presided over by the Magistrate to
whom the post corresponds, on the basis of a two-year rotation system.
1. The Tribunal Constitucional takes its decisions by a majority vote.
Its votes and its debates are secret. The chairman, always chosen by
drawing lots, has the deciding vote in case of a tie.
2. The judgments which partially or wholly uphold the appeal have to determine the scope and extension of its consequences.
The Tribunal Constitucional tries:cralaw
a) Appeals of unconstitutionality against laws, executive regulations and the Rules of Procedure of the Consell General.
b) Requests of preliminary opinion of unconstitutionality about international laws and treaties.
c) Processes of constitutional appeal.
d) Conflicts of jurisdiction between constitutional organs. To this
effect the Coprínceps, the Consell General, the Govern, the
Consell Superior de la Justícia and the Comuns are considered as
1. Appeals of unconstitutionality against laws or statutory rules may
be lodged by one fifth of the Consell General, the Cap de Govern and
three Comuns. One fifth of the Consell General may lodge an appeal of
unconstitutionality against the Rules of Procedure of the Chamber. The
appeal shall be lodged within the thirty days following the publication
of the rule.
2. The lodging of the appeal does not suspend the enforcement of the
rule under appeal. The Court shall pass judgment within the maximum
period of two months.
1. If, in the course of litigation, a court has reasoned and founded
doubts about the constitutionality of a law or a legislative decree,
the application of which is relevant to its decision, it shall request
in writing the decision of the Tribunal Constitucional about the
validity of the rule affected.
2. The Tribunal Constitucional may not admit the transaction of the
request without further appeal. If the request is admitted judgment
shall be passed within the maximum period of two months.
1. The Coprínceps, under the provisions of ARTICLE 46.1.f), the
Cap de Govern or a fifth of the Consell General, may request an opinion
about the constitutionality of international treaties prior to their
ratification. The proceedings with that intent shall take priority.
2. The judgment admitting the unconstitutionality of the treaty shall
prevent its ratification. In all cases the conclusion of an
international treaty including stipulations contrary to the
Constitution shall require the previous revision of the latter.
A constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by:cralaw
a) Those having been part or accessory to the previous legal proceedings referred to in ARTICLE 41.2 of this Constitution.
b) Those having a legal interest related to non-enforceable provisions or acts of the Consell General.
c) The Public Prosecution in case of violation of the fundamental right to jurisdiction.
1. Conflicts between the constitutional organs shall arise when one of
them alleges that another is illegitimately carrying out the tasks
which are constitutionally under the jurisdiction of the first.
2. The Tribunal Constitucional may provisorily stay the enforcement of
the rules or acts under appeal, and when appropriate, give orders for
the acts which originated the conflict to be stopped.
3. The judgment shall determine and confer jurisdiction to one of the disputing parties.
4. The lodging of a conflict of jurisdiction prevents the matter from coming before the Administration of Justice.
5. The law shall regulate the cases in which a conflict of jurisdiction
may arise on grounds of the non-exercise by constitutional organs of
the jurisdiction to which they are entitled.
A Llei Qualificada shall regulate the legal status of the members of
the Tribunal Constitucional, the constitutional proceedings and the
functioning of the institution.
The right to initiate the revision of the Constitution shall lie with
the Coprínceps jointly or a third part of the members of the
The revision of the Constitution shall require the approval of the
Consell General by a majority of two-thirds of the members of the
Chamber. Immediately after its approval the proposal shall be submitted
to ratification in a referendum.
Once the procedure established in ARTICLE 106 has been carried out, the
Coprínceps shall sanction the new constitutional text for its
promulgation and coming into force.
FIRST ADDITIONAL PROVISION
The Consell General and the Govern have the mandate of the Constitution
so that, jointly with the Coprínceps, they may start
negotiations with the governments of France and Spain with the purpose
of signing an international three-party treaty which shall establish
the framework of relations with the neighbouring States, on the basis
of respect for the sovereignty, independence and territorial integrity
SECOND ADDITIONAL PROVISION
The post of diplomatic representation of a State in Andorra is not compatible with the holding of any other public office.
FIRST TRANSITIONAL PROVISION
1. The same Consell General which has approved this Constitution shall
convene an extraordinary period of sessions to approve at least the
Rules of Procedure of the Consell General and the lleis qualificades
related to the electoral system, the jurisdiction and financing system
of the Comuns, the Judiciary and the Tribunal Constitucional. This
period of sessions shall end on the thirty-first day of December of
2. In that period, starting on the first working day following the
publication of the Constitution, the Consell General may not be
dissolved and shall carry out all the functions conferred to it by the
3. On the eighth day of September of 1993, the feast day of Our Lady of
Meritxell, the Síndic General shall call general elections,
which shall be held in the first half of December of this year.
4. The end of this period of sessions shall imply the dissolution of
the Consell General and the dismissal of the Govern, which shall
function ad interim until the forming of the new one, in accordance
with the Constitution.
SECOND TRANSITIONAL PROVISION
1. The Llei Qualificada concerning the Judiciary shall envisage, on a
balanced basis, the appointment of Judges and Public Prosecutors from
the neighbouring States while it is not possible to do otherwise. This
law, as well as the law concerning the Tribunal Constitucional shall
regulate the status of nationality of Judges and Magistrates who are
2. The Llei Qualificada concerning the Judiciary shall establish the
transitional system for the continuity in office of those judges who,
at the moment of its promulgation, are not holders of the academic
qualifications provided for in the Constitution.
3. The aforementioned Llei Qualificada concerning the Judiciary shall
envisage the systems of conformity of the pending proceedings and
causes to the judicial and procedural system provided for in this
Constitution, so as to guarantee the right to jurisdiction.
4. The laws and rules valid at the moment the Tribunal Constitucional
is established, may be subject to a direct constitutional appeal within
a period of three months, following the taking up of office of the
constitutional Magistrates. The organs entitled to lodge such an appeal
shall be the ones provided for in ARTICLE 99 of the Constitution.
5. In the period of the first term following the coming into effect of
the Constitution, the representatives of the Coprínceps in the
Consell Superior de la Justícia may not of necessity be Andorran
THIRD TRANSITIONAL PROVISION
1. The institutional agencies of the Coprínceps, the functions
and jurisdiction of which have been conferred by this Constitution to
other State organs, shall be transferred to the mentioned organs. With
that purpose, a technical commission shall be set up. It shall be
composed of a representative of each Copríncep, two of the
Consell General, and two of the Govern and shall prepare and address a
report to the Consell General for it to take the necessary steps in
order to make the transfers effective within the period of time
mentioned in the First Transitional Provision.
2. The same commission shall carry out the necessary arrangements to
put the police services under the exclusive control of the Govern
within the period of two months following the coming into effect of the
With the coming into effect of this Constitution all previous rules contrary to it are hereby revoked.
The Constitution shall come into effect immediately upon its publication in the Butlletí Oficial del Principat d'Andorra.
And we the Coprínceps, after the adoption of the Constitution by
the Consell in a solemn session on the second day of February of 1993,
and after its approval by the Andorran People in the referendum held on
the fourteenth day of March of 1993, make it ours, ratify, sanction and
enact it, and, for general cognizance, we do order its publication.
Casa de la Vall, the twenty-eighth day of April of 1993
President of the French Republic
Copríncep of Andorra
Jordi Farràs Forné
Joan Martí Alanís
Bishop of Urgell
Copríncep of Andorra