Constitution of Andorra
Encyclopedia
The Constitution of Andorra is the supreme law of the Principality of Andorra
. It was adopted on 2 February 1993 and given assent by the Andorran people in a referendum
on 14 March 1993. According to the Constitution itself, it was to enter into force the day of its publication in the Butlletí Oficial del Principat d'Andorra, which occurred on 28 April 1993.
The Constitution was signed by Andorra's two co-princes, the President of France, and the Bishop of Urgell, who at that time were François Mitterrand
and Joan Martí Alanis
respectively. The new constitution stipulates that these two officials are Andorra's heads of state
. Indeed, this arrangement has existed for centuries, although at one time, the French king
held the position now held by the French president
.
. It also states the country's official name: Principat d'Andorra. It furthermore states that Andorra's sovereignty
lies with its people. It ends by listing Andorra's parishes
.
Article 2 states that Andorra's official language is Catalan
, and that its national anthem
, flag
, and coat of arms
are "those which tradition has given it". It also says that Andorra la Vella
is the country's capital.
Article 3 declares the Constitution to be the supreme Andorran legal standard. It bans arbitrary punishment and recognises the principles of international law
. It furthermore says that any international treaties
or accords concluded by Andorra are to be incorporated into the country's laws, and may not be modified or abrogated by any law.
s and freedom
s.
Article 4 recognises the intangibility of human dignity, and therefore guarantees certain inviolable and imprescriptible rights.
Article 5 declares that the Universal Declaration of Human Rights
is integrated into the country's legal system.
Article 6 declares that all persons are equal before the law, and that it is up to the "public powers" to create conditions that make individuals' equality and freedom real and effective.
Article 7 governs Andorran nationality
. Andorrans risk losing their citizenship
if they are also nationals of another country.
Article 8 recognises the right to life and protection thereof, forbids torture
and other cruel, inhuman or degrading punishments, and explicitly forbids the death penalty.
Article 9 covers loss of freedom due to police and judicial action. It explicitly limits the period of police custody to forty-eight hours, after which the accused must be presented to a court
.
Article 10 lays out a citizen's rights before the courts, specifically, the right to obtain a decision from the court that is firmly based in law, the right to have a lawyer
in court, and even the right to have free legal representation in cases where this is necessary.
Article 11 covers freedom of religion
, and says that it is an Andorran's right not to declare his religion if he does not want to. On the other hand, there are actually limits placed on the declaration of one's religion in cases where this would threaten public security or violate others' rights. The Roman Catholic Church
is also accorded an explicit guarantee to be able to function freely and publicly, and to maintain its special relations with the state "in keeping with Andorran tradition".
Article 12 guarantees freedom of expression, and even freedom to keep professional secrets. Also, censorship
and any other means of ideological
control by the authorities are forbidden.
Articles 13, 14, and 15 cover marriage
, spouses' rights in relation to each other, child
ren's rights in relation to their families, the right to privacy
, and the inviolability of an Andorran's home.
Articles 16 and 17 recognise Andorrans' rights to participate in peaceful demonstrations
, as long as the authorities are notified beforehand, and to associate freely
.
Article 18 states that Andorrans have the right to form professional or trade organizations, as long as they are Andorran in character (i.e., not controlled from abroad) and democratic in nature.
Article 19 gives workers and business owners the right to protect their economic and social interests.
Article 20 covers education
. This is guaranteed all Andorrans, and moreover, parents have the right to choose what kind of education that their children will have, in keeping with their own religious convictions.
Article 21 covers movement within Andorra, and exit from and entry to the national territory. Also, it gives Andorrans, and established foreign nationals, the right to make their home in Andorra.
Article 22 lays out foreigners' rights in cases of non-renewal of residency or expulsion order. It says that this can only be done as prescribed by law, and that the foreigner in such a case has recourse to the courts.
Article 23 gives everyone the right to submit a petition
to the "public powers".
Articles 24, 25, and 26 spell out Andorrans' political rights, namely the franchise
, the right to access to public institutions, and the right to form political parties
as long as their activities are legal and they are democratic in nature.
Articles 27 to 36 cover "economic, social, and cultural rights and principles". As might be expected, it forbids Andorrans to be deprived of their property without due process, and it also recognises the right to enterprise in the framework of a market economy
. It furthermore also recognises work as every Andorran's right. Also, the State must ensure a system of social security
, as well as watch over the wise use of land and natural resource
s so as to preserve the natural environment
for future generations. The State guarantees the conservation and development of Andorran heritage, as well as access thereto.
Article 38 allows the State to institute by law forms of "national civic service" in the general interest.
in others. It does also mention, however, that certain rights may be limited in cases of national emergency, such as those brought about by natural disaster
s or political upheavals, such as war
.
Articles 50 to 71 relate to the structure and function of the General Council of the Valleys
, Andorra's legislative body
.
Articles 72 to 78 relate to the government
as a whole. For more information on these, see Politics of Andorra
.
.
Articles 95 to 104 deal with the Constitutional Tribunal, which is the supreme authority for interpreting the Constitution, and whose decisions are binding on the "public powers" as well as on private individuals.
, for example), the amendment procedures for Andorra's Constitution, laid out therein, are quite straightforward.
Article 105 says that the initiative for constitutional change may come from the co-princes, jointly, or from one third of the members of the General Council.
Article 106 requires a two-thirds majority in favour in the General Council for an amendment to be adopted. It must then forthwith be put to a referendum for ratification.
Article 107 requires the formality of the co-princes' sanction of the new amendment once the requirements of Article 106 have been satisfied.
Andorra
Andorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
. It was adopted on 2 February 1993 and given assent by the Andorran people in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on 14 March 1993. According to the Constitution itself, it was to enter into force the day of its publication in the Butlletí Oficial del Principat d'Andorra, which occurred on 28 April 1993.
The Constitution was signed by Andorra's two co-princes, the President of France, and the Bishop of Urgell, who at that time were François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
and Joan Martí Alanis
Joan Martí Alanis
Joan Martí i Alanis was a former Bishop of Urgell and hence former co-Prince of Andorra. He was Bishop of Urgell from 1971 to 2003. He was a co-signatory, along with François Mitterrand, of Andorra's new constitution in 1993....
respectively. The new constitution stipulates that these two officials are Andorra's heads of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. Indeed, this arrangement has existed for centuries, although at one time, the French king
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
held the position now held by the French president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
.
Preamble
The Andorran Constitution's preamble reads :- The Andorran People, in their full freedom and independence, and in the exercise of their own sovereignty,
- Aware of the need to adapt Andorra's Institutions to the new situation arising from the evolution of its geographical, historical, and sociocultural environment, as well as the need, in this new legal framework, to organise the relationships that institutions whose origins are in the pareatgesParéage of Andorra 1278The first Paréage of Andorra was a feudal charter signed in Lleida on 8 September 1278. It codified a lay and ecclesiastical agreement between the Count of Foix, Roger-Bernard III, and the Bishop of Urgell, Pere d'Urtx, establishing their joint-sovereignty over the territory of Andorra...
will have to maintain,
- Convinced of the usefulness of obtaining any likely mechanisms of guaranteeing legal security in the exercise of basic individual rights, which, even if they have always been present in Andorran society and respected thereby, were not the object of true regulation,
- Having decided to persevere in furthering such values as freedom, justice, democracy and social progress, and to uphold and strengthen Andorra's harmonious relations with the rest of the world, especially with the countries that are its neighbours, on the basis of mutual respect, coexistence, and peace,
- Being determined to bring their contribution and support to all mankind's common causes, particularly to preserve Earth's integrity and guarantee future generations an adequate environment,
- Wishing for the motto "Virtus, Unita, Fortior", which has presided over Andorra's peaceful advancement for more than seven hundred years of history, to stay fully alive and always to inspire Andorrans in their deeds,
- Sovereignly approve this present Constitution.
Andorran sovereignty
Article 1 of the Andorran Constitution lays out the form that the State takes, namely the co-principality with the Bishop of Urgell and the President of France as joint heads of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. It also states the country's official name: Principat d'Andorra. It furthermore states that Andorra's sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
lies with its people. It ends by listing Andorra's parishes
Parishes of Andorra
Andorra consists of seven communities known as parishes . Until relatively recently, it had only six parishes; the seventh, Escaldes-Engordany, was created in 1978....
.
Article 2 states that Andorra's official language is Catalan
Catalan language
Catalan is a Romance language, the national and only official language of Andorra and a co-official language in the Spanish autonomous communities of Catalonia, the Balearic Islands and Valencian Community, where it is known as Valencian , as well as in the city of Alghero, on the Italian island...
, and that its national anthem
El Gran Carlemany
El Gran Carlemany is the national anthem of Andorra. Written by Enric Marfany Bons and composed by Joan Benlloch i Vivó , it was adopted in 1921.-Lyrics:-External links:...
, flag
Flag of Andorra
The national flag of the Principality of Andorra was adopted in 1866. The flag is a vertical tricolour of blue, yellow, and red with the coat of arms of Andorra in the centre. Although the three vertical bars may at first appear to be of equal width, the centre yellow bar is slightly wider than...
, and coat of arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
are "those which tradition has given it". It also says that Andorra la Vella
Andorra la Vella
Andorra la Vella is the capital of the Co-principality of Andorra, and is located high in the east Pyrenees between France and Spain. It is also the name of the parish that surrounds the capital....
is the country's capital.
Article 3 declares the Constitution to be the supreme Andorran legal standard. It bans arbitrary punishment and recognises the principles of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. It furthermore says that any international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
or accords concluded by Andorra are to be incorporated into the country's laws, and may not be modified or abrogated by any law.
Rights and Freedoms
Articles 4 to 36 of the Constitution lay out Andorrans' rightRight
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
s and freedom
Freedom (political)
Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
s.
Article 4 recognises the intangibility of human dignity, and therefore guarantees certain inviolable and imprescriptible rights.
Article 5 declares that the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
is integrated into the country's legal system.
Article 6 declares that all persons are equal before the law, and that it is up to the "public powers" to create conditions that make individuals' equality and freedom real and effective.
Article 7 governs Andorran nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
. Andorrans risk losing their citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
if they are also nationals of another country.
Article 8 recognises the right to life and protection thereof, forbids torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and other cruel, inhuman or degrading punishments, and explicitly forbids the death penalty.
Article 9 covers loss of freedom due to police and judicial action. It explicitly limits the period of police custody to forty-eight hours, after which the accused must be presented to a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
.
Article 10 lays out a citizen's rights before the courts, specifically, the right to obtain a decision from the court that is firmly based in law, the right to have a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in court, and even the right to have free legal representation in cases where this is necessary.
Article 11 covers freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, and says that it is an Andorran's right not to declare his religion if he does not want to. On the other hand, there are actually limits placed on the declaration of one's religion in cases where this would threaten public security or violate others' rights. The Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
is also accorded an explicit guarantee to be able to function freely and publicly, and to maintain its special relations with the state "in keeping with Andorran tradition".
Article 12 guarantees freedom of expression, and even freedom to keep professional secrets. Also, censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
and any other means of ideological
Ideology
An ideology is a set of ideas that constitutes one's goals, expectations, and actions. An ideology can be thought of as a comprehensive vision, as a way of looking at things , as in common sense and several philosophical tendencies , or a set of ideas proposed by the dominant class of a society to...
control by the authorities are forbidden.
Articles 13, 14, and 15 cover marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, spouses' rights in relation to each other, child
Child
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
ren's rights in relation to their families, the right to privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, and the inviolability of an Andorran's home.
Articles 16 and 17 recognise Andorrans' rights to participate in peaceful demonstrations
Demonstration (people)
A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
, as long as the authorities are notified beforehand, and to associate freely
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
.
Article 18 states that Andorrans have the right to form professional or trade organizations, as long as they are Andorran in character (i.e., not controlled from abroad) and democratic in nature.
Article 19 gives workers and business owners the right to protect their economic and social interests.
Article 20 covers education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
. This is guaranteed all Andorrans, and moreover, parents have the right to choose what kind of education that their children will have, in keeping with their own religious convictions.
Article 21 covers movement within Andorra, and exit from and entry to the national territory. Also, it gives Andorrans, and established foreign nationals, the right to make their home in Andorra.
Article 22 lays out foreigners' rights in cases of non-renewal of residency or expulsion order. It says that this can only be done as prescribed by law, and that the foreigner in such a case has recourse to the courts.
Article 23 gives everyone the right to submit a petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
to the "public powers".
Articles 24, 25, and 26 spell out Andorrans' political rights, namely the franchise
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
, the right to access to public institutions, and the right to form political parties
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
as long as their activities are legal and they are democratic in nature.
Articles 27 to 36 cover "economic, social, and cultural rights and principles". As might be expected, it forbids Andorrans to be deprived of their property without due process, and it also recognises the right to enterprise in the framework of a market economy
Market economy
A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
. It furthermore also recognises work as every Andorran's right. Also, the State must ensure a system of social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, as well as watch over the wise use of land and natural resource
Natural resource
Natural resources occur naturally within environments that exist relatively undisturbed by mankind, in a natural form. A natural resource is often characterized by amounts of biodiversity and geodiversity existent in various ecosystems....
s so as to preserve the natural environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
for future generations. The State guarantees the conservation and development of Andorran heritage, as well as access thereto.
Andorrans' obligations
Article 37 provides for a fair taxation system. Everyone is supposed to pay whatever their means allow them to pay.Article 38 allows the State to institute by law forms of "national civic service" in the general interest.
Guarantees of rights and freedoms
Articles 39 to 42 lay out exactly how the aforesaid rights are to be guaranteed in Andorran society. The "public powers'" ability to override these rights is forbidden in some cases, and restricted to changes in government legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
in others. It does also mention, however, that certain rights may be limited in cases of national emergency, such as those brought about by natural disaster
Natural disaster
A natural disaster is the effect of a natural hazard . It leads to financial, environmental or human losses...
s or political upheavals, such as war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
.
The Co-princes, the General Council, and the Government
Articles 43 to 49 lay out the function of Andorra's two co-princes, the Bishop of Urgell and the President of France.Articles 50 to 71 relate to the structure and function of the General Council of the Valleys
General Council of the Valleys
The General Council is the unicameral parliament of Andorra. It is sometimes referred to as the General Council of the Valleys because it was the historical name and to distinguish it from similarly named bodies in the Val d'Aran and in France.-Organization:There are twenty-eight "general...
, Andorra's legislative body
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
.
Articles 72 to 78 relate to the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
as a whole. For more information on these, see Politics of Andorra
Politics of Andorra
The politics of Andorra take place in a framework of a parliamentary representative democratic country, whereby the Head of Government of Andorra is the chief executive, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government...
.
Territorial Organisation
Articles 79 to 84 lay out the function of the communes within Andorra as representatives of the parishes. These are responsible for certain local functions, according to Andorra's Constitution. See Parishes of AndorraParishes of Andorra
Andorra consists of seven communities known as parishes . Until relatively recently, it had only six parishes; the seventh, Escaldes-Engordany, was created in 1978....
.
Justice and the Constitutional Tribunal
Articles 85 to 94 lay out the structure of Andorra's court system. The Judiciary must be independent. Judges serve six-year, renewable terms, and are elected by those with law degrees.Articles 95 to 104 deal with the Constitutional Tribunal, which is the supreme authority for interpreting the Constitution, and whose decisions are binding on the "public powers" as well as on private individuals.
Constitutional amendment
Unlike some constitutions (the Constitution of CanadaConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
, for example), the amendment procedures for Andorra's Constitution, laid out therein, are quite straightforward.
Article 105 says that the initiative for constitutional change may come from the co-princes, jointly, or from one third of the members of the General Council.
Article 106 requires a two-thirds majority in favour in the General Council for an amendment to be adopted. It must then forthwith be put to a referendum for ratification.
Article 107 requires the formality of the co-princes' sanction of the new amendment once the requirements of Article 106 have been satisfied.