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Constitution of the Principality of Andorra2014-08-11 17:05:00 (читать в оригинале)Constitution of the Principality of PREAMBLE 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 legal framework, 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 general laws, 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 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 coming generations, 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. TITLE I SOVEREIGNTY OF Article 1 1. 2. The Constitution proclaims that the action of the 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 5. Article 2 1. Catalan is the official language of the State. 2. The national anthem, the State flag and the coat of arms of 3. Article 3 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 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 law. TITLE II RIGHTS AND FREEDOMS Article 4 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. Article 5 The Universal Declaration of Human Rights is binding in Article 6 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 Article 7 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 Qualificada. 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 Article 8 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. Article 9 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 48 hours. 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. Article 10 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. Article 11 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 or beliefs. 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 tradition. 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. Article 12 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. Article 13 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. Article 14 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. Article 15 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 order. Article 16 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. Article 17 The right to associate for a lawful purpose shall be recognised. A law shall establish a Registry of the associations which may be constituted. Article 18 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 Article 19 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. Article 20 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. Article 21 1 Everyone has the right to move freely throughout the national territory and to enter and leave the country in accordance with the laws. 2. Andorran nationals and lawful resident aliens have the right freely to choose their residence in Article 22 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. Article 23 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 Article 24 All Andorrans of age, in full use of their rights, enjoy the right of suffrage. Article 25 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. Article 26 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. Article 27 1. Private property and the rights of inheritance are recognised without other limits than those derived from the social function of property. 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. Article 28 The right of enterprise shall be recognised within the framework of the market economy and in accordance with the law. Article 29 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. Article 30 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. Article 31 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. Article 32 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 general welfare. Article 33 The public authorities shall promote the necessary conditions to implement the right for everyone to enjoy decent housing. Article 34 The State shall guarantee the conservation, promotion and diffusion of the historical, cultural and artistic heritage of Article 35 The rights of consumers and users shall be guaranteed by law and protected by the public authorities. Article 36 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 Article 37 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. Article 38 The State may create by law types of community service to pursue tasks of general interest. Chapter VII. Guarantees of rights and freedoms Article 39 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 Courts. 2. Aliens legally resident in 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. Article 40 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. Article 41 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 instances. Article 42 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. TITLE III THE COPRÍNCEPS Article 43 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 Article 44 1. The Coprínceps are the symbol and guarantee of the permanence and continuity of 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 them. Article 45 1. The Coprínceps, with the countersignature of the Cap de Govern, or when appropriate, of the Síndic General, as politically responsible: 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 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 Constitution. 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 Síndic General. Article 46 1. The Coprínceps may perform the following acts of their free will: 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 all effects. 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 delegation. Article 47 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. Article 48 Each Copríncep appoints a personal representative in Article 49 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. TITLE IV THE CONSELL GENERAL Article 50 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 Article 51 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 dissolved. 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. Article 52 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. Article 53 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 Superior. Article 54 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. Article 55 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. Article 56 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. Article 57 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 Article 58 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. Article 59 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. Article 60 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 this article. Article 61 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 budget. 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.
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