Andorra Europe
      


GOVERNMENT

Until recently, Andorra's political system had no clear division of powers into executive, legislative, and judicial branches. A constitution was ratified and approved in 1993. The constitution establishes Andorra as a sovereign parliamentary democracy that retains as its heads of state two co-princes.

The fundamental impetus for this political transformation was a recommendation by the Council of Europe in 1990 that, if Andorra wished to attain full integration into the European Union (EU), it should adopt a modern constitution, which guarantees the rights of those living and working there. A Tripartite Commission--made up of representatives of the co-princes, the General Council, and the Executive Council--was formed in 1990 and finalized the draft constitution in April 1991.

Under the 1993 constitution, the co-princes continue as heads of state, but the head of government retains executive power. The two co-princes serve co-equally with limited powers that do not include veto over government acts. They are represented in Andorra by a delegate. As co-princes of Andorra, the President of France and the Bishop of Seu d'Urgell maintain supreme authority in approval of all international treaties with France and Spain, as well as all those that deal with internal security, defense, Andorran territory, diplomatic representation, and judicial or penal cooperation. Although the institution of the co-princes is viewed by some as an anachronism, the majority sees them as both a link with Andorra's traditions and a way to balance the power of Andorra's two much larger neighbors.

Andorra's main legislative body is the 28-member General Council (Parliament). The sindic (president), the subsindic, and the members of the Council are elected in the general elections held every four years. The Council meets throughout the year on certain dates set by tradition or as required. Andorra held general elections on April 26, 2009.

At least one representative from each parish must be present for the General Council to meet. Historically, within the General Council, four deputies from each of the seven individual parishes provided representation. This system allowed the smaller parishes, which have as few as 600 voters, the same number of representatives as larger parishes, which have up to 4,300 voters. To correct this imbalance, a provision in the 1993 constitution introduced a modification of the structure and format for electing the members of the Council; under this format, half of the representatives are chosen by the traditional system, while the other half are selected from nationwide lists.

A sindic and a subsindic are chosen by the General Council to implement its decisions. They serve four-year terms and may be reappointed once. They receive an annual salary. Sindics have virtually no discretionary powers, and all policy decisions must be approved by the Council as a whole. Every four years, after the general elections, the General Council elects the head of government, who, in turn, chooses the other members of the Executive Council. The current council has six ministers.

The judicial system is independent. Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law. Civil cases are first heard by the batlles court--a group of four judges, two chosen by each co-prince. Appeals are heard in the Court of Appeals. The highest body is the five-member Superior Council of Justice.

Andorra has no defense forces and only a small internal police force. All able-bodied men who own firearms must serve, without remuneration, in the small army, which is unique in that all of its men are treated as officers. The army has not fought for more than 700 years, and its main responsibility is to present the Andorran flag at official ceremonies.


Principal Government Officials
Co-Prince--Nicolas Sarkozy, President of France
Co-Prince--Joan Enric Vives i Sicilia, Bishop of Seu d'Urgell, Spain
Head of Government--Jaume Bartumeu
Sindic General--Josep Dalleres
Foreign Minister--Xavier Espot
Permanent Representative to the United Nations--Narcís Casal Fonsdeviel
Ambassador to the United States, resident in New York--Narcís Casal Fonsdeviel

POLITICAL CONDITIONS
Andorra held national elections on April 26, 2009. The Social Democrats, led by Jaume Bartumeu, obtained 14 seats in the 28-seat General Council, while the Liberal Party and its allies under the name Reformist Coalition (RC) obtained 11 seats, and the party Andorra for Change (ApC) obtained 3 seats. Head of Government Bartumeu was sworn in on June 5, 2009, and it is the first time in 15 years the government has been run by any party other than the Liberal Party. This is the fifth government formed in Andorra since the ratification of the constitution in 1993. Andorra’s economy and bank secrecy laws will be among the new government’s top priorities.

Since the ratification of the constitution in 1993, four coalition governments have been formed. Former Head of Government Pintat's principal goals included addressing a housing shortage, modernizing the country's taxation system, and pressing forward with reforms required to remove Andorra from the Organization for Economic Cooperation and Development's (OECD) list of tax haven countries.

There has been a redefinition of the qualifications for Andorran citizenship, a major issue in a country where approximately 37% are legal citizens. In 1995, a law to broaden citizenship was passed but citizenship remains hard to acquire, with only Andorran nationals being able to transmit citizenship automatically to their children. Lawful residents in Andorra may obtain citizenship after 20 years of residence. Children of residents may opt for Andorran citizenship after 18 if they have resided virtually all of their lives in Andorra. Mere birth on Andorran soil does not confer citizenship. Dual nationality is not permitted. Until 2008 non-citizens were allowed to own just a 33% share of a company, and only after they had resided in the country for 20 years would they be entitled to own 100% of a company. The country has now opened itself to foreign investors, allowing up to 100% ownership in activities and sectors considered strategic.

By creating a modern legal framework for the country, the 1993 constitution has allowed Andorra to begin a shift from an economy based largely on tax-free shopping to one based on tourism and international banking and finance. Over the short term, Andorra will continue to confront a number of difficult issues--increased immigration, for instance--and the need to develop the institutions necessary to address them. In addition to questions of Andorran nationality and immigration policy, other priority issues will include the aforementioned housing shortage, real estate speculation, tourism, and refining its relationship with the European Union.


Government
Type:
Parliamentary democracy that retains as its heads of state two co-princes.
Constitution: Ratified in March 1993.
Independence: 1278.
Branches: Heads of State--Two co-princes (President of France, Bishop of Seu d'Urgell in Spain). Executive--Head of Government (Cap de Govern) and eleven ministers (Executive Council). Legislative--Parliament (General Council), founded 1419, consisting of 28 members. Judicial--Civil cases heard in first instance by four judges (batlles) and in appeals by the one-judge Court of Appeals. The highest body is the five-member Superior Council of Justice. Criminal cases are heard by the Tribunal of Courts in Andorra la Vella.
Subdivisions: Seven parishes (parroquies)--Andorra la Vella, Canillo, Encamp, La Massana, Ordino, Sant Julia de Lòria, and Escaldes make up the districts represented in the General Council.
Political parties/groups: Andorran Liberal Party (PLA), CDA (Democratic Center of Andorra), and the Social Democratic Party (PS).
Suffrage: Universal at 18.



 
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