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<p align="justify">15 September 1994<b><br><br>Doc. 7152</b></p>



<p align="justify">1403-13/9/94-7-E</p>

<p align="justify"><b>REPORT</b></p>

<p align="justify"><b>on the application by the Principality of Andorra</b></p>

<p align="justify"><b>for membership of the Council of Europe</b></p>

<p align="justify"><b>(Rapporteur: Mr REDDEMANN,</b></p>

<p align="justify"><b>Germany, Group of the European People's Party)</b><a href="#P28_263" name="P28_264">1</a></p>

<hr size="1">


<p align="justify"><i>Summary</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;On 4 May 1993 the Constitution of the Principality of Andorra came into force, giving this Pyrenean country the characteristics of a state governed by the rule of law and expressly recognising the principle according to which any person under Andorran jurisdiction is entitled to enjoy human rights and fundamental freedoms.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The general election by free and direct universal suffrage held on 12&nbsp;December&nbsp;1993 allowed the Andorrans to elect their parliament democratically.  The latter, in accordance with the constitution, then elected the Government of the Principality.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;At present, Andorra appears to fulfil the conditions required for accession to the Council of Europe.  In its opinion, the Assembly therefore recommends that the Committee of Ministers invite the Principality of Andorra to become a member of the Organisation.</p>

<p align="justify"><b>I. Draft opinion</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly received from the Committee of Ministers, in pursuance of Statutory Resolution (51) 30 A adopted by the Committee of Ministers on 3 May 1951, a request for an opinion on the accession of the Principality of Andorra to the Council of Europe (Doc.&nbsp;6988).</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It welcomes the entry into force, on 4 May 1993, of the Andorran Constitution, which makes the Principality a state under the rule of law, and guarantees human rights and fundamental freedoms.  It considers that the Andorran authorities have thus complied with the Assembly's invitation addressed to them in its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 946"> Resolution 946</a> (1990) on the situation in Andorra.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It notes that parliamentary elections by free and direct universal suffrage were held in Andorra on 12 December 1993 and were observed by an <i>ad hoc</i> committee of the Assembly.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It attaches great importance to the commitment expressed by the Andorran authorities to sign at the moment of accession and ratify, normally within a year, the European Convention on Human Rights, as well as the protocols thereto, and also to recognise the right of individual application to the European Commission of Human Rights (Article 25 of the Convention) as well as the compulsory jurisdiction of the European Court of Human Rights (Article 46).  Furthermore, it expects the Andorran authorities to sign and ratify the Social Charter soon.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It also considers it very important that the Andorran authorities commit themselves to sign and ratify the European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, the European Convention on Extradition and the Convention on the Transfer of Sentenced Persons.  It expects the Andorran authorities to sign and ratify the General Agreement on Privileges and Immunities and its Additional Protocol.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It attaches great importance to the obligations arising from membership of the Council of Europe, which also implies readiness to settle international disputes by peaceful means.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Andorran situation, where the native population is numerically smaller than the immigrant population is unique in Europe. The Assembly expects the Andorran legislators to produce, taking into account the particularly sensitive background to this situation, a new version of the articles of the qualified law on nationality, annulled by the Andorran Constitutional Court, facilitating access to Andorran nationality, notably to people considered to be integrated by a long period of residence in Andorra. </p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly considers that the Principality of Andorra is able and willing:</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to fulfil the provisions of Article 3 of the Statute, which stipulates that &quot;Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms&quot;;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to collaborate sincerely and effectively in the realisation of the aim of the Council of Europe as specified in Chapter&nbsp;I of this Statute, thereby fulfilling the conditions for accession to the Council of Europe as laid down in Article 4 of the Statute;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;iii.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; to meet its other obligations under the Statute, including the financial obligations.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Accordingly, bearing in mind the spirit of its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1031"> Resolution 1031</a> (1994) on the honouring of commitments entered into by member states joining the Council of Europe and the procedure foreseen in Order No. 488 (1993), the Assembly recommends that the Committee of Ministers, at its next meeting:</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;i.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; invite the Principality of Andorra to become a member of the Council of Europe;</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ii.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; allocate two seats to the Principality of Andorra in the Parliamentary Assembly.</p>

<p align="justify"><b>II. Explanatory memorandum</b></p>

<p align="justify"><b>by Mr REDDEMANN</b></p>

<p align="justify">Table of contents</p>

<p align="justify">Paragraphs</p>

<p align="justify">I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1-4</p>

<p align="justify">II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Relations between the Assembly and the Principality</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;of Andorra&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 5-9</p>

<p align="justify">III.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Brief history of Andorra&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 10-18</p>

<p align="justify">IV.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Andorran Constitution&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 19-29</p>

<p align="justify">V.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Questions relating to human rights&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 30-34</p>

<p align="justify">VI.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Other questions&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 35-38</p>

<p align="justify">VII.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Conclusion&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 39-43</p>

<p align="justify">Appendix: Programme of the visit of the Rapporteurs to Andorra</p>

<p align="justify"><b>I. Introduction</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 22 November 1993 the Andorran Government sent a letter to the Secretary General of the Council of Europe expressing the Principality of Andorra's wish to be invited to become a member of the Organisation and stating its readiness to respect the principles stated in Article 3 of the Statute.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 6 January 1994 the Ministers' Deputies adopted Resolution (94) 1 on the Principality of Andorra, in which they invited the Parliamentary Assembly to express its opinion on this membership application (see <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 6988">Doc. 6988</a>).  The Assembly referred the matter to the Political Affairs Committee and, for opinion, to the Committee on Legal Affairs and Human Rights and the Committee on Relations with European Non-Member Countries.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In accordance with the instructions of these committees, the Rapporteurs visited Andorra on 30 and 31 May 1994.  The programme of their visit appears as an appendix.  The Rapporteurs wish to thank the authorities, the parliamentarians and the different personalities they met in Andorra for their welcome and for their co-operation.  The information collected during this visit was valuable for the preparation of this report.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Previously, in accordance with the practice introduced in 1991, the Bureau of the Assembly had requested Mr&nbsp;Lopes Rocha, judge at the European Court of Human Rights, and Mr&nbsp;Geus, member of the European Commission of Human Rights, to prepare a report on the legislation of the Principality of Andorra.  They visited Andorra on 26 and 27&nbsp;April&nbsp;1994.  Their report was published on 27&nbsp;May 1994 (see Addendum III to Doc.&nbsp;7080).</p>

<p align="justify"><b>II. Relations between the Assembly and the Principality of Andorra</b></p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Conference of Pyrenean Regions, organised by the Parliamentary Assembly and the Standing Conference of Local and Regional Authorities of Europe and held in Jaca (Spain) in June 1982, enabled the Principality of Andorra to be associated with an activity of the Assembly for the first time.  Not only did Andorran representatives participate in the conference, but the working group responsible for its preparation also held a meeting in the Principality in April 1982.  In its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 791"> Resolution 791</a> (1983) on the Conference of Pyrenean Regions, adopted after discussion of the report produced by MM. Ahrens and Cuatrecasas (<a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 4991">Doc. 4991</a>), the Assembly expressed &quot;the wish that transfrontier co-operation in the Pyrenees may also extend to the Principality of Andorra&quot;.  This wish has been fulfilled since the adoption of that text, Andorra having participated actively in the work of the Working Community of Pyrenean Regions with the seven French and Spanish Pyrenean regions.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In May 1987, Mr Elmquist and others tabled a draft resolution on the political situation in Andorra (<a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 5742">Doc. 5742</a>) which was at the origin of the report submitted to the Assembly in May 1990 by MM. Pontillon and de Puig (<a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 6146">Doc. 6146</a>).  Following the debate on this report, the Assembly adopted<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 946"> Resolution 946</a> (1990) on the situation in Andorra, in which it invited the co-Princes and the General Council of the Valleys (the Andorran Parliament) in particular to provide the country with &quot;a written constitution laying down the rights and freedoms of citizens as defined in international treaties on the protection of human rights, as well as submitting it for adoption by the Andorran people in a referendum&quot;.  The Assembly adopted at the same time<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 947"> Resolution 947</a> (1990) and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1127"> Recommendation 1127</a> (1990) on the Principality of Andorra, in which it requested respectively the establishment of regular contacts between the Assembly and Andorra, and participation of the Principality in certain of the Council of Europe's activities.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Still in 1990, the co-Princes and the General Council of the Valleys began discussions on the introduction of the institutional reforms recommended by the Assembly.  A constitutional process was begun in April 1991, leading to the adoption of a draft constitution by the Andorran Parliament in February 1993.  On 14 March 1993, the Andorran people approved this text in a referendum.  Seventy-five per cent of the Andorrans voted in favour of the Principality's first written constitution.  No political party proposed the rejection of the text, such an attitude being adopted only by certain individuals acting in their personal capacity.  The foreign residents who did not take part in the vote were also largely in favour of the draft constitution.  The Political Affairs Committee monitored the evolution of the political situation in Andorra very closely, and did not fail to report the progress made in the constitutional process.  The Constitution of the Principality of Andorra came into force on 4 May 1993.  Two days later, Mr&nbsp;Ribas, head of the Andorran Government, officially transmitted the text to the Secretary General of the Council of Europe.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 7 October 1993, Mr&nbsp;Farràs, General Syndic (president of the parliament), contacted the President of the Assembly to invite representatives of the Assembly to observe the elections which were to be held on 12 December 1993.  The Bureau of the Assembly decided, on 3&nbsp;November 1993, to accept this invitation and set up an <i>ad hoc</i> committee made up of representatives of the political groups.  The information report on the elections in Andorra was published on 19&nbsp;January 1994 (see Addendum I to Doc.&nbsp;6996).  </p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Delegations from the Andorran Parliament visited Strasbourg during the Assembly sessions of September 1993 and April 1994.  Headed by the General Syndic, Mr&nbsp;Farràs, in September and Mr&nbsp;Dalleres, in April, the delegations held talks with the President of the Assembly, the chairmen of the committees concerned by the membership application, the rapporteurs and representatives of the political groups.</p>

<p align="justify"><b>III. Brief history of Andorra</b></p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The first historical reference to Andorra appears in the act of consecration of the cathedral of Seu d'Urgell, located on the southern slopes of the Pyrenees, in 839.  This text states that the parishes of Andorra form part of the territory of the Count of Urgell.  In 1133, the Count of Urgell ceded his rights over the Andorran parishes to the Bishop of Urgell.  In 1159, because of hostilities with neighbouring feudal lords, the Bishop signed a treaty with one of his powerful vassals on the northern slopes of the Pyrenees, a member of the House of Caboet.  This agreement recognised the sovereignty of the Bishop of Urgell over Andorra, but granted feudal rights over the territory to the House of Caboet.  The Count of Foix inherited these rights through marriage.</p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In September 1278 the Bishop of Urgell and the Count of Foix, after many disputes about their respective rights over Andorra, signed a <i>pareatge</i>, a kind of arbitration decision, which is Andorra's first constitutional document and defines the economic, legal and military powers of the two lords and the tributes (<i>quèstia</i>) which the Andorrans had to pay alternately to the Bishop of Urgell and the Count of Foix.  In 1288 a second <i>pareatge</i> was added to the first.  These two texts, never subsequently modified, definitively settled the differences between the lords, who became co-Princes, and recognised Andorra's neutrality.</p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In 1419, as the result of petitions by the Andorrans, the two co-Princes granted them the privilege of creating a &quot;Council of the Land&quot;.  Its members were elected once a year in each parish, but were sworn in before representatives of the co-Princes.  This Council of the Land, which in due course became the &quot;General Council of the Valleys&quot;, was presided over by a general syndic.  The Council of the Land was in fact the first parliamentary authority in Andorra.</p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the sixteenth century the rights of the Count of Foix were transferred to the French Crown.  Thus the rights over Andorra were shared between the Bishop of Urgell and the King of France in their personal capacities, the latter as successor to the Count of Foix. </p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The French Revolution caused the suspension of this institutional structure.  In 1793 the authorities of the <i>département</i> of Ariège refused to receive the <i>quèstia</i>, which they considered to be a vestige of the feudal regime and contrary to the rights of man and the rights of nations.  However, in March 1806, at the request of the Andorrans, Napoleon&nbsp;I re-established the status of the Principality and became the French co-Prince.  This title and all the functions which go with it subsequently fell to the President of the French Republic.</p>

<p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In 1866, the episcopal co-Prince promulgated the &quot;new reform&quot; decree establishing the composition of the Council of the Land and the parish councils, the method of election and the functioning of the different institutions.  The Council of the Land became the General Council of the Valleys and the heads of households (<i>Caps de casa</i>) were given the right to vote.</p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Following claims by the Andorrans, universal male suffrage for the election of members of the General Council was established by decree of the co-Princes, in July 1933.  Women were given the vote in April 1970.</p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In January 1981, at the request of the Andorrans, the co-Princes passed a decree on &quot;the process of institutional reform&quot; which made it possible in particular to create an Andorran Government.  This is led by a head of government (<i>Cap de Govern</i>), elected by the General Council.  There are four to six ministers (<i>Consellers de Govern</i>) and the government performs the executive functions previously assumed by the Standing Committee of the General Council.</p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As stated in paragraph&nbsp;7, in June 1990, the General Council began negotiations with the co-Princes with a view to endowing the Principality with a written constitution.  Work on drafting the constitution began in April 1991, and was completed at the end of December 1992.  In February 1993 the General Council unanimously adopted the draft constitution, which was approved by referendum and came into force on 4&nbsp;May 1993.</p>

<p align="justify"><b>IV. The Andorran Constitution</b></p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In this chapter on Andorra's Constitution the Rapporteur has no intention of repeating what is contained in the report on the legislation of the Principality of Andorra produced by MM. Lapis Rocha and Geus, already mentioned in paragraph&nbsp;4.  He will therefore limit himself to drawing attention to the most important aspects of the constitutional text.</p>

<p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The preamble to the Constitution recalls Andorra's democratic tradition and states that the Andorran institutions have their origin in the <i>pareatges</i>.  It also affirms the will of the Andorran people to endow themselves with mechanisms to guarantee legal certainty in the exercise of the fundamental rights of the individual, to persevere in the promotion of such values as freedom, justice, democracy and social progress, and to maintain and strengthen harmonious relations between Andorra and the rest of the world.</p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title I of the Constitution defines Andorra as an independent, democratic and social state subject to the rule of law, which respects and promotes, in its action, the principles of freedom, equality, justice, tolerance, defence of human rights and human dignity.  Article 3 states that &quot;Andorra recognises the universally accepted principles of public international law&quot; and that &quot;international treaties and agreements are incorporated into the Andorran legal system ... and cannot be amended or repealed by law&quot;.  This therefore implies that the ratification of the European Convention on Human Rights by Andorra will mean that its provisions will be incorporated into internal Andorran law.</p>

<p align="justify">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title II is devoted to rights and freedoms.  Among the general principles which appear in Chapter I of this title are recognition of the equality of all persons before the law and the prohibition of any discrimination &quot;in particular on grounds of birth, race, sex, origin, religion, opinion or any other condition&quot;.  Chapter II on Andorran nationality stipulates that a qualified law (whose adoption requires a special majority) will determine the rules for the acquisition and loss of nationality.  Because of the particularities of the situation of the Andorran population as regards nationality, this question will be returned to below.</p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Chapter III of Title II concerns the fundamental freedoms of the individual and public freedoms.  The Rapporteur can but express his satisfaction at the fact that the rights guaranteed by this chapter of the Andorran Constitution correspondent with those recognised by the European Convention Human Rights and its protocols.  Chapter IV is devoted to the political rights of the Andorrans and expressly recognises the right freely to create political parties.  Chapter V contains provisions aimed at ensuring economic, social and cultural rights which often go beyond the protection generally accorded in Council of Europe member states.  Chapter VI describes the duties of Andorrans and foreigners, and Chapter VII guarantees the exercise of the rights and freedoms recognised in the preceding chapters.</p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title III of the constitution deals with the joint and individual roles and powers of the co-Princes.  According to Andorra's institutional tradition, they constitute the head of state (<i>Cap de l'estat</i>).  The Constitution even recalls their historical origins and states that they are the symbol and the guarantors of the permanence and continuity of Andorra.  The Constitution has greatly reduced the powers of the <i>co-principes</i>, and the dependence of the Andorran authorities upon them.  Thus for example, if one of them does not authorise a law within the stipulated period, the law nevertheless comes into force on the expiration of that period if it is signed by the other co-Prince and countersigned by the head of government or the general syndic.  The Constitution stipulates that each co-Prince shall designate a personal representative in Andorra.</p>

<p align="justify">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title VI of the Constitution is devoted to the General Council, the parliamentary body.  The members of the council are elected by free, equal, direct and secret universal suffrage for a period of four years.  Half of them are elected in equal numbers from each of the seven parishes, and the other half from the national constituency.  At present the General Council has twenty-eight members.</p>

<p align="justify">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title V of the Constitution contains a series of articles concerning the executive power, which is exercised by a government whose head (<i>Cap de govern</i>) is elected by the General Council and then appointed by the co-Princes.  Title VI deals with the territorial organisation of Andorra and defines in particular the powers of the communes.</p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The organisation of justice is governed by Title VII of the Constitution.  These provisions together with the qualified law on justice of 3&nbsp;September 1993 have endowed Andorra with legal institutions fully comparable with those of Council of Europe member states.  The judicial function is exercised by the <i>batlles</i> (magistrates), the <i>Tribunal des Batlles</i>, the <i>Tribunal de Corts</i> and the High Court of Justice. The <i>batlles</i> and the <i>Tribunal des Batlles</i> try minor criminal, civil and administrative offences.  The <i>Tribunal de Corts</i> acts as a first-instance court for major offences and as an appeal court for petty and minor offences, and the High Court of Justice is empowered to hear all appeals lodged against judgments handed down by the <i>Batlles</i> and the <i>Tribunal des batlles</i> in civil and administrative cases, and by the <i>Tribunal of Corts</i> in criminal cases.  The Constitution also provides for a High Council of Justice, made up of five members, one designated by each co-Prince, one by the general syndic, one by the head of government and one by the judiciary, which is responsible for representing, directing and administering the judicial system and ensuring the independence and proper functioning of justice. Article 89 of the Constitution states that all the members of the High Council of Justice are of Andorran nationality.</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Title VIII of the Constitution is devoted to the Constitutional Court, which in the Andorran legal system occupies a place distinct from the judiciary.  It is the supreme interpreter of the Constitution.  It deals with appeals against laws on the grounds of unconstitutionality, requests for a preliminary opinion on the conformity of laws and international treaties with the Constitution, constitutional protection procedures (<i>empara</i> appeals), and conflicts of jurisdiction between public authorities.  It may also be called upon to deal with interlocutory questions referred to it by the courts.  The Constitutional Court is made up of four judges, one designated by each co-Prince and two by the General Council.  Their mandate is for eight years and is not immediately renewable.  Of the four judges elected for the first mandate, only one is of Andorran nationality, the others being French (one) and Spanish (two).  This is seen by the Andorrans as being a guarantee of the court's independence.  However, the qualified law on the Constitutional Court provides that the non-Andorran judges will enjoy Andorran nationality for the duration of their period in office.</p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; To conclude this Chapter, the Rapporteur would simply like to state that, in his opinion, the Andorran Constitution is very much in conformity with the guiding principles of the Council of Europe.</p>

<p align="justify"><b>V. Questions concerning human rights</b></p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the report by MM. Lapis Rocha and Geus examines the issues relating to human rights in Andorra in detail, there would seem to be no need here to return to the strictly legal aspects.  However, the Rapporteur would like to raise briefly the question of access to Andorran nationality for foreigners resident in Andorra.  This question, raised by some of the people the Rapporteurs met in the course of their visit to Andorra, is of an essentially political nature, since access to the nationality implies access to the political rights recognised by the Constitution. </p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; According to the available population statistics, the resident population in Andorra in 1992 totalled 61&nbsp;599 people: 10&nbsp;881 Andorrans (17,6%), 6&nbsp;563 persons born in Andorra (10,6%), 28&nbsp;556 Spanish nationals (46,4%), 6&nbsp;853 Portuguese (11%), 4&nbsp;662 French (7,5%) and 1&nbsp;089 British (1,7%).  The remainder, 2&nbsp;995 people, included a fairly substantial number of Moroccan nationals.</p>

<p align="justify">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This situation is the result of Andorra's economic development since the 1960s, which has given rise to considerable immigration.  To illustrate the scale of the change, it suffices to point out that in 1960 the total population of the country was only 8&nbsp;392&nbsp;people.</p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In September 1993, the General Council approved a qualified law on nationality, the aim of which was to ensure that as far as possible the <i>de facto</i> population corresponded to the <i>de jure</i> population and to considerably extend the possibilities for acquiring Andorran nationality.  However, in December 1993, the head of government brought an action before the Constitutional Court against the unconstitutionality of certain articles of this law which were considered too restrictive.  In its judgment of 15&nbsp;March 1994, the Constitutional Court annulled certain provisions of the law on nationality and gave certain indications which should lead the General Council to produce an amended version of the annulled articles which will make the conditions required for acquisition of the nationality much more flexible.</p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The conversations with the different people met in Andorra gave the impression of opinion being generally in favour of more generous granting of Andorran nationality, notably to people considered to be integrated by a long period of residence in Andorra.  Admittedly, the legislators will have to take account of the particularly sensitive background to this problem, because while facilitating access to Andorran nationality, they have to take account of the perfectly legitimate desire of the Andorrans to preserve their national identity.  The Andorran situation, where the native population is numerically smaller than the immigrant population, thus constituting a minority in its own country, is unique in Europe.</p>

<p align="justify"><b>VI. Other questions</b></p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since the Constitution came into force, the General Council has been faced with a daunting task: that of bringing the country's internal legal system into line with the new basic text.  The qualified laws of the Constitutional Court on justice, the electoral system and the referendum, together with the law on nationality, are examples of what has already been accomplished by the Andorran legislators.  But much remains to be done, notably with regard to legislation on the right of association, the rights of foreign residents, immigration policy, etc.  The rapporteurs hope that the political groups represented in the General Council will make the necessary effort to arrive at agreements which will enable them to adopt the qualified laws required to develop the Constitution.</p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The representatives of the media stated that they had experienced problems under the regime in place before the Constitution came into force, but that at present the exercise of their profession was subject to no constraints.</p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The representatives of non-governmental organisations active in the humanitarian field informed the Rapporteurs of the guarantees enjoyed by prisoners.  The detention centre, totally independent of the police, offers what are considered to be very acceptable living conditions.  In Andorra everyone has the right, after being held for five hours, to notify their families or consular authorities and to undergo a medical examination.  The period of detention pending trial is four months, renewable only once, despite the difficulty of investigating certain offences that require international judicial assistance.</p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Certain foreign residents informed the Rapporteurs of specific conflicts with the local authorities in their commune of residence.  These situations were however entirely comparable with those existing elsewhere in member states and should be settled by the courts.</p>

<p align="justify"><b>VII. Conclusion</b></p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Rapporteur would first like to point out that all the people met in Andorra were unanimously in favour of the Principality's accession to the Council of Europe.  The fact that its Constitution was largely inspired by the European Convention on Human Rights is the best possible proof of Andorra's desire to fulfil the conditions which are essential for membership of our Organisation.</p>

<p align="justify">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Constitution of 4 May 1993 endowed Andorra with the characteristics of a state governed by the rule of law and expressly recognised the principle according to which any person under Andorran jurisdiction should enjoy fundamental rights and freedoms.  Admittedly, there is still work to be done on Andorra's constitutional edifice, but the Rapporteur is confident that the Andorran Parliament will complete this task.</p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This parliament, the result of the general election 12 December 1993, observed by the Assembly, represents the Andorran people, exercises legislative power, and elects and controls the government.  These functions correspond to those of any parliament elected in a pluralist system of political representation.</p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As regards the protection of the rights of foreign residents, the rapporteur would like to note that the ambassadors of France and Spain both stated that they were convinced that these would be better protected if Andorra became a member of the Council of Europe.  The fact is that once signed and ratified, the European Convention on Human Rights will have constitutional value in Andorra's internal legal system.</p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Principality of Andorra, an independent state, thus appears to fulfil the essential conditions for membership of the Council of Europe.  The committee might therefore recommend that the Assembly adopt a favourable opinion on Andorra's application for membership.</p>

<p align="justify">APPENDIX</p>

<p align="justify"><b>Programme</b></p>

<p align="justify"><b>of the visit of the Rapporteurs to Andorra</b></p>

<p align="justify"><b>(30 and 31 May 1994)</b></p>

<p align="justify"><b>Monday 30 May 1994</b></p>

<p align="justify">10.00 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the Sindicatura (Bureau of the Andorran Parliament)</p>

<p align="justify">10.30 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meetings with representatives of the parliamentary groups</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;10.30 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Agrupament Nacional Democràtic</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;11.00 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Grup Lliberal</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;11.30 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Nova Democràcia</p>

  <blockquote><p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;12 noon&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Coalicio Nacional Andorrana</p>

</blockquote><p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;12.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Agrupament Canillo-Massana</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;1.00 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Grup Mixt</p>

<p align="justify">1.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Lunch with the chairmen of the parliamentary groups</p>

<p align="justify">4.00 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the Parliamentary Committee for Foreign Affairs </p>

<p align="justify">5.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the Head of Government and the Minister of Foreign Affairs</p>

<p align="justify">8.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Dinner offered by the Head of Government</p>

<p align="justify"><b>Tuesday 31 May 1994</b></p>

<p align="justify">10.00 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the Ambassador of France</p>

<p align="justify">10.45 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the Ambassador of Spain</p>

<p align="justify">11.30 a.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the President of the Supreme Council of Justice</p>

<p align="justify">12.15 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the President of the Constitutional Court</p>

<p align="justify">1.00 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Lunch with the President of the Constitutional Court and the President of the Supreme Council of Justice</p>

<p align="justify">3.45 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the representative of the French co-Prince</p>

<p align="justify">4.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with the representative of the Episcopal co-Prince</p>

<p align="justify">5.15 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with representatives of non-governmental organisations</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5.15 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Bar Association</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;6.00 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Caritas/Red Cross</p>

<p align="justify">6.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with representatives of Andorran media</p>

<p align="justify">7.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Press conference</p>

<p align="justify">8.30 p.m.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Dinner offered by the Sindicatura</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Reporting committee: Political Affairs Committee.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Committees for opinion: Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Budgetary implications for the Assembly: to be examined by the Committee on the Budget and the Intergovernmental Work Programme.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Reference to committee: <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 6988">Doc. 6988</a> and Reference No. 1915 of 24 January 1994.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Draft opinion unanimously adopted by the committee on 8 September 1994.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Members of the committee: Mr <i>Reddemann (Chairman)</i>, Mrs <i>Baarveld-Schlaman (Vice-Chairperson)</i>, Lord <i>Finsberg (Vice-Chairman)</i>, MM. Alvarez-Cascos, <i>Antretter</i>, Baumel <i>(Alternate: Jung)</i>, Bernardini, <i>Björn Bjarnason</i>, <i>Bokov</i>, <i>Bratinka</i>, <i>Büchel</i>, Dimas, Espersen, <i>Fassino</i>, Foga&#353;, <i>Galanos</i>, <i>Gricius</i>, <i>Güner</i>, <i>Hagård</i>, Mrs Haller, Mrs <i>Halonen</i>, MM. Hardy <i>(Alternate: Banks)</i>, Hellström, Irmer, Iwinski, <i>Kalus</i>, Kaspereit, Kelam, <i>Kelchtermans</i>, Kenneally, <i>König</i>, La Loggia, Mrs <i>Lentz-Cornette</i>, MM. <i>van der Linden</i>, Machete <i>(Alternate: Roseta)</i>, <i>Martins</i>, Masseret, <i>Mimaro&#487;lu</i>, <i>Muehlemann</i>, Pahor, Panov, Mrs Papandreou <i>(Alternate: Mr Kapsis)</i>, MM. Pozzo, de Puig <i>(Alternate: Borderas)</i>, Radulescu Botica <i>(Alternate: Botis Griguta)</i>, Schieder, Seeuws, <i>Severin</i>, Sir Dudley Smith, MM. <i>&#352;pa&#269;ek</i>, Mrs Suchocka, MM. Szent-Iványi, <i>Thoresen</i>, Vella.</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;N.B.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The names of those members who took part in the meeting are printed in italics.</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Secretaries to the committee: Mr Hartland, Mr Kleijssen and Ms Chatzivassiliou.</p>


<hr align="left" size="1" width="200" noshade>

<p align="justify"><a name="P28_263" href="#P28_264">1</a> <sup>1</sup>The explanatory memorandum has been drafted in co-operation with Mr Hagård (Sweden, EDG), Rapporteur for opinion of the Committee on Legal Affairs and Human Rights, and Mr Kovács (Hungary, SOC), former member of the Assembly and Rapporteur for opinion of the Committee on Relations with European Non-Member Countries at the time of the visit to Andorra.</p>

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