Andorra Joan Anglada Vilardebo*

, Andorra (Les Valls d'Andorra) is a principality in ment of this sovereignty, the Bishop receives each the nature ofan absolute monarchy. In the Middle year from the General Council of Andorra an Ages, the territory now comprising Andorra was homage known as qiiestia consisting of six hams, the subject-matter ofa feud between two compet­ twelve cheeses, twelve gelded cocks and twelve ing powers. Today, the Bishop of Urgell in the partridges; the French Head receives the qiiestia neighbouring Spanish diocese, and the Head of every second year-in cash. the French government, as successors respectively Andorra has no international relations. Its foreign to the two competing powers of the Middle Ages, interests are looked after by the French govern­ are co-rules over Andorra. In token acknowledge- ment.

I. CONSTITUTIONAL SYSTEM

The basis of the constitutional system is derived sana, Andorra and Sant Julia. The last four are from two Decisions delivered on 8 September and further divided into quarts. The divisions repre­ 26 December 1278 in arbitration proceedings be­ sent both administrative and religious units. tween the Bishop of Urgell and the Count of Foix (Valls Taberner III 414-429). 3. State Organs The Heads of State are the twin co-rulers acting 1. Nationality through two Governors (Veguer) one each ap­ Three Decrees dated 17 June 1939, 26 Dec. 1941 pointed by them. Their powers are absolute. and 7 April 1970 make certain provisions as to There is no legislative organ in Andorra. The nationality. Children of an Andorran father country's administration is channelled through acquire the nationality of the country - even when the General Council (Conseel GeneraQ, a body born outside Andorra. These last-mentioned, composed of 24 elected members - each of the six however, Jose citizenship if they remain outside Parishes returning four members. The General Andorra for three generations. A child hom within Council delegates the exercise of its functions to Andorra whose father is a foreigner acquires two Sindics. citizenship if the mother is a citizen or if the child Each ofthe six parishes and the quarts have their resides permanently in Andorra; if none of these own Regional Councils. Their functions are like­ requirements is met, the child may apply for wise of an administrative nature, being delegated citizenship after a residence of20 years. The foreign in each case to two counsellors. wife or an Andorran husband and the foreign husband of an Andorran wife, provided the latter 4· Judiciary is sole heiress (pubilla), may apply for citizenship. Each application for citizenship is considered in­ a. The courts are classified into courts of civil and dividually on its merits, and must be approved by courts of criminal jurisdiction; there are no spe­ each of the co-rulers. cialized commercial courts. Andorran nationality is lost upon acquisition of a nationality of another state, or upon joining a b. The civil courts are organized into three grades: foreign army, or having political affiliations in (1) The Batlle, a court of first instance, has two another country. divisions, one each formed at the instance of the two co-rulers. The plaintiff eJects which of the divisions to commence proceedings in, and this 2. Territorial Division election cannot later be varied. The Batlle's crimi­ nal jurisdiction is dealt Andorra is divided into six parishes or communi­ with infra (3). (2) A decision of the Batlle is appealable, the ties. There are Canillo, Encamp, Ordino, La Mas-

*Dean of the Lawyers, Vic (Spain). A-30 National Reports n judge in appeal being appointed for life by one of cision a final appeal lies to one or the other of the the two co-rulers in turn. The judge so appointed co-rulers, at the choice of the appellant. In these may delegate the exercise of his functions to any proceedings the Secretary to the General Council person of his choice. At present the post ofJustice acts as clerk. in Appeal is held by the current holder of the Minor criminal offences are dealt with by the office of Mayor of Barcelona, who has delegated Batlle referred to above. For the more serious the functions to two magistrates of the Spanish offences the court is composed of the Justice in judiciary. Appeal, the two Governors (Veguer), two repre­ (3) The Superior Court ofPerpignan was creat­ sentatives of the General Council known as ed by a Decree of 13 July 1888 (French JO of 20 Raonadors, assisted by two clerks. There is, in July 1888) modified by Decree of 19 Jan. 1898 these proceedings, no Prosecutor as such. The (French JO of 22 Jan. 1898) as a court of fmal re­ court's decision is based on the findings ofthe two sort. It consists of five judges, one of whom must Govern:ors; in the event of disagreement between be a lawyer conversant with the customs and the them, the decision ofthe Justice in Appeal prevails. official Catalonien language of the country. As an alternative, the appellant may, at his election, ap­ c. Andorra does not have any specialized adminis­ ply to the Bishop ofUrgell. trative or economic tribunals with judicial functions. In addition, the Court of Veeduria is a specialized Disputes in these areas are handled by the General court with jurisdiction in disputes concerning Council, and finally by the two co-rulers. pastures, water and servitudes. At the level of first instance it is composed ofthe two counsellors d. Similarly no labour courts exist in Andorra, of the appropriate parish (supra I 3); at the next since there is no labour legislation. Striking is level up, of ten counsellors selected from other illegal in Andorra. Provision for Social Security parishes. The next instance is composed of all 24 has recently been made. counsellors from the six parishes, from whose de-

II. SOURCES OF LAW

Andorra does not possess a constitutional instru­ Law of the Catholic Church, and Roman Law as ment as such (supra I). Nor are its laws codifted. expressed in Third Compilation of Catalonia Its political, administrative, penal and civil usages (1704) Book I Vol 1 Title 38, Second Constitu­ and customs are to be found mainly in two books tion. of authority, of which the more important is the Up to 1963 Andorra did not possess any collec­ Manual Digesto in six volumes written in 1748 by tion of court decisions. One such collection of 96 Fiter Rosell. The other work is the Politar Andorra judgements delivered by the former delegated written in 1763 by the Priest Puig. Among the appeal judge Obiols i Taberner is expected to be sources oflaw may be mentioned a small number published shortly. In these decisions may be of Special Laws, and the Law of Catalonia as found references to the modem complication of enunciated on 16 Jan. 1716 in the Decree of the Civil Law of Catalonia of 1960 that will un­ Philip the Fifth of Spain- the Nueva Planta. The doubtedly exert the influence almost of binding common law ofAndorra is made up of the Canon law in Andorra, ifonly by analogy.

III. HISTORICAL EVOLUTION

The private law of Andorra has had a close cor­ government - Andorra was left without a legis­ respondence to the history of Catalonian private lative authority. The activity of the co-rulers in law. In the absence of its own legislative organ, this fteld has been noticeable for its restrictive Andorra chose to adopt the Catalonian Constitu­ scope: it has been confmed to promulgation of a tions and Compilations (Recognoverunt proceres - very few decrees. In the absence of an Official sanctacilia). In 1716, with the disappearance of the Gazette in Andorra, such decrees are normallY Catalonian courts - their functions having been proclaimed by posting them at the Casa de la Vall taken over by the central organs of the Spanish -Andorra's official government building. VIJ Andorra A-31

IV. PRIVATE LAW

The sources hav~ already been indicated (supra II) to public grazing rights. Land may also be subject The most promment part of the private 1 [ to a form of alternative ownership whereby a Andorra is family law, which is centred ro awd tho "h , ( un e humber ?f owners have the use and enjoy the concept o f th e ouse casa) implying ·thin £en~fits m ~ for each harvest. Most of the the family, the absolute powers ofthe healthWlereo f . ertil~ mountams are owned by the parishes. At hi il Electoral firanc _se, unt recently restricted to the ~ne ttme there was in muc~ u~e a form of contract head of the family, has only in recent year5 b or the sale of land contammg a reservation in extended to all adult males. een favour of the seller to re-acquire the land upon re­ A num_ber of_ ~dorra villages have a certain fund of the purchase price. A belief was current conunerctal actiVIty,. centering around hote 1 s, ?efore 1963 that his right to re-acquire land was shops and o ther b usmess premises, and attracting mcapable of being extinguished by limitation. In tourists - ~ostly French_ and Spanish. The institu­ tl~at year, however, the Superior Court of Per­ tion of pnvate ownership of property at a famil ptgnan ~su~ra I 4) in affirming the judgement of level is recognized in Andorra, and descent fro~ the Justtce m Appeal, laid down that such a right generation to generation is sanctioned. Parishes becomes barred after 30 years (Rev. Jur. Catal. and conununities (supra I 2) may also own proper­ 1963, 157-166). ty and these _are adt_ninistered by the Councils. No foreign nationals may own land in Andorra. Private propnetary nghts sometimes exist subject

V. COMMERCIAL LAW

Andorra has no extensive commercial law. A few compounding of a debt in exchange for property decrees prohibit the formation of companies is forbidden where the value of the property ex­ having more than one third foreign participation. ceeds the quantum of debt. All such schemes to All memoranda of association require to be ap­ compound require the prior consent ofthe Gener­ proved by the General Council. Foreigners wish­ al Council. ing to establish a trade or an industry in Andorra Andorra does not possess its own currency; the require the consent of the General Council. Such Spanish peseta and the French franc are used. consent is not readily given. An Andorra law, the

VI. STATE DIRECTION OF TRADE

import of the country in certain goods. The Gen­ Trade and industry are generally under the super­ eral Council itself imports certain commodities vision of the General Council (sec also supra V). such as flour and meat as and when it considers The country's own income and expenditure is not this expedient. hudgetted in the normal way. Revenue for public expenditure is met from profits of the monopoly

VII. INDUSTRIAL PROPERTY RIGHTS AND COPYRIGHT

The country does not possess any special body of laws on these subjects. Natiorwl R rpQrts A-32 Vlll. JUDICIAL PROCEDURE

by complaint in writing, statements of dcfcuc~ This is dealt with in the Manual Digcsto and the counterclaims, and proof generally. Provi ion Manual Po litar (suprn II). Additional rules - gen­ 5 i; also made for closing arguments to he oral or in erally mo re detailed - have been laid down by a Decree of the Govemon dated I May 1922. It writing. establishes rules for the initiation of proceedings

IX. PRIVATE INTERNATIONAL LAW

The country does not have a specific system of pnvate international law.

X. SELECTIVE BIBLIOGRAPHY

Gmctdl: IUbna)•~ Argtliclt, Les Valls d'Andorra 1920); Brutails, La coutume d'Andorrc (ed. 2, 196S). (Buccl oo~ 1950) ; Blling11icr, u condition juridique See also supra text sub II. des ValJCc:s d'Ando~ (Paris 1970); Vidal y Guitart, lructucioncs politicas y sociaJes de Andorra (Madrid Cl1aptrr III: Malagelada, La Andorra seiiorial en 1949) : BamitT, u coutu01e privec d' Andorre envisa­ funcioncs de Justicia (Barcelona 1937). ~~ d.uu liCS ~urcc:s et dans ses institutions les plw on r.uulcs (Paris 19 38): R.oig Santatana, La justicia Chapter W: Obiol.s i T abemt!r, Jurisprudcncia civil m nun:al C'1l AndC'rra: Temis, Revisu Juridica- Ad- andorrana (1969); Soto N ieto, Derccho civil de An­ li11Jmtrarin (Bucdona 194-4) J.4 ss. · dorra: Rev.Jur.Catal. 1963, .po-.p8; idrm, Dcrecho foral.Jurisprudcncia de Andorra: Rcv.Jur.Catal. 1964, Ch11rtrr I: P11llt'rola y G:br~l. El Principado de Andor­ 721-7-49; idem, Jurisprudcncia de Andom: Rcv.Jur. rJ y )U C.m~ uuci on politica (Barcelona 1912); Ro­ Catal. 1966,54-81, 615-634; 1967, 63-90; 1968, 51~8; rnar:a l ' tt)tJ, J:.l PrUtciruio de Andorra, su Corutiruci6n Anglada VilardeM, La cl.iusub. hcrcditaria de contianza f'\'lHK~ )' vt~au1Z4la6n :admuw trativ:a (Barcelona en la jurisprudcncia de Andorra: Rcv.Jur.Catal. t¢J, 191 1-). 84- 104. Cha('trr 11 l 'alll Tabmtn, Pnvilc:Jt iJ i O rdcnacion.s de lo V.liJs ~l!cnroqUd . Vall d'Audorra (Uarcclona (Complete