The Constitution of Andorra ( ca, Constitució d'Andorra) is the supreme law of the Principality of
Andorra
, image_flag = Flag of Andorra.svg
, image_coat = Coat of arms of Andorra.svg
, symbol_type = Coat of arms
, national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
. It was adopted on 2 February 1993 and given assent by the Andorran people in a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on 14 March 1993. According to the Constitution itself, it was to enter into force on 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
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
, and the
Bishop of Urgell
The Diocese of Urgell is a diocese in Catalonia (Spain) and Andorra in the historical County 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
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
. Indeed, this arrangement has existed for centuries, although at one time, the French
king
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
held the position now held by the French
president
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
.
Contents
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
pareatges 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
Future generations are cohorts of hypothetical people not yet born. Future generations are contrasted with current and past generations, and evoked in order to encourage thinking about intergenerational equity. The moral patienthood of future g ...
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
diarchy
Diarchy (from ancient Greek, Greek , ''di-'', "double", and , ''-arkhía'', "ruled"),Occasionally misspelled ''dyarchy'', as in the ''Encyclopaedia Britannica'' article on the colonial British institution duarchy, or duumvirate (from Latin ', ...
with the
Bishop of Urgell
The Diocese of Urgell is a diocese in Catalonia (Spain) and Andorra in the historical County of Urgell, and the
President of France
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
as joint
heads of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...
. It also states the country's official name: ''Principat d'Andorra''. It furthermore states that Andorra's
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
lies with its people. It ends by listing
Andorra's parishes.
''Article 2'' states that Andorra's official language is
Catalan
Catalan may refer to:
Catalonia
From, or related to Catalonia:
* Catalan language, a Romance language
* Catalans, an ethnic group formed by the people from, or with origins in, Northern or southern Catalonia
Places
* 13178 Catalan, asteroid #1 ...
, and that its
national anthem
A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European n ...
,
flag
A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design empl ...
, and
coat of arms
A coat of arms is a heraldry, heraldic communication design, visual design on an escutcheon (heraldry), escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central ele ...
are "those which tradition has given it". It also says that
Andorra la Vella
Andorra la Vella french: Andorre-la-Vieille is the capital (political), capital of the Andorra, Principality of Andorra. It is located high in the east Pyrenees, between France and Spain. It is also the name of the parishes of Andorra, parish ...
is the country's
capital
Capital may refer to:
Common uses
* Capital city, a municipality of primary status
** List of national capital cities
* Capital letter, an upper-case letter Economics and social sciences
* Capital (economics), the durable produced goods used f ...
.
''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 (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
. It furthermore says that any international
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
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'
rights
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 the ...
and
freedom
Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ...
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
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
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 is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
. Andorrans risk losing their
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
if they are also nationals of another country.
''Article 8'' recognises the right to life and protection thereof, forbids
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
and other cruel, inhuman or degrading punishments, and explicitly forbids the
death penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
.
''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
A court is any person or institution, often as a government 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 ...
.
''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
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
in court, and the right to have free legal representation in cases where this is necessary.
''Article 11'' covers
freedom of religion
Freedom of religion or religious liberty 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. It also includes the freedom ...
, 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
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
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
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, and even freedom to keep professional secrets. Also,
censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
and any other means of
ideological
An ideology is a set of beliefs or philosophies attributed to a person or group of persons, especially those held for reasons that are not purely epistemic, in which "practical elements are as prominent as theoretical ones." Formerly applied prim ...
control by the authorities are forbidden.
''Articles 13, 14, and 15'' cover
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
, spouses' rights in relation to each other,
child
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
ren's rights in relation to their families, the
right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
, and the inviolability of an Andorran's home.
''Articles 16 and 17'' recognise Andorrans' rights to participate in peaceful
demonstrations
Demonstration may refer to:
* Demonstration (acting), part of the Brechtian approach to acting
* Demonstration (military), an attack or show of force on a front where a decision is not sought
* Demonstration (political), a political rally or prote ...
, 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
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...
. 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
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 called supplication.
In the colloquial sense, a petition is a document addressed to some offici ...
to the "public powers".
''Articles 24, 25, and 26'' spell out Andorrans' political rights, namely
the franchise
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
, the right to access to public institutions, and the right to form
political parties
A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
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
A market economy is an economic system in which the decisions regarding investment, production and distribution to the consumers are guided by the price signals created by the forces of supply and demand, where all suppliers and consumers ...
. It furthermore also recognises work as every Andorran's right. Also, the State must ensure a system of
social security
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
, as well as watch over the wise use of land and
natural resource
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. O ...
s so as to preserve the
natural environment
The natural environment or natural world encompasses all life, living and non-living things occurring nature, naturally, meaning in this case not Artificiality, artificial. The term is most often applied to the Earth or some parts of Earth. Th ...
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
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regiona ...
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
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
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
A natural disaster is "the negative impact following an actual occurrence of natural hazard in the event that it significantly harms a community". A natural disaster can cause loss of life or damage property, and typically leaves some econ ...
s or political upheavals, such as
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
.
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
The General Council ( ca, Consell General d'Andorra, ) is the unicameral parliament of Andorra. It is sometimes referred to as the General Council of the Valleys (Catalan: ''Consell General de les Valls'') because it was the historical name ...
, Andorra's
legislative body
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
.
''Articles 72 to 78'' relate to the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
as a whole. For more information on these, see ''
Politics of Andorra
The politics of Andorra take place in a framework of a parliamentary constitutional monarchy, and a multi-party system. Executive power is exercised by the government, with the Head of Government of Andorra as chief executive. Legislative power i ...
''.
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 Andorra
Andorra consists of seven communities known as parishes ( ca, parròquies, singularparròquia). Until relatively recently, it had only six parishes; the seventh, Escaldes-Engordany, was created in 1978.
Overview
Andorra la Vella is the capital ...
''.
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 Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
, 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 ministerial formality of the co-princes' sanction of the new amendment once the requirements of Article 106 have been satisfied (they have no power to overturn an amendment).
Sources
Text of Andorra's Constitution
External links
{{Constitution of Europe
Government of Andorra
Andorra
, image_flag = Flag of Andorra.svg
, image_coat = Coat of arms of Andorra.svg
, symbol_type = Coat of arms
, national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...