Andorra Firefighters' Association challenges Minister Marc Rossell and prepares criminal complaint against Public Administration

The Andorra Firefighters' Association (ABA) has entered a new phase of confrontation with the Ministry of Public Administration, led by Marc Rossell, after accusing the Government of excluding the organisation from negotiations over revised salary scales for public employees.

The association has formally requested that the State Secretariat for Public Administration explain the legal basis for requiring a certificate of trade union representativeness, a condition it considers discriminatory and inappropriate for an association that is not legally constituted as a trade union.

Speaking to La Veu Lliure, ABA president Joan Torra explained that the dispute extends beyond an administrative disagreement.

According to Torra, the Government excluded the association from meetings concerning the new salary scales because he is retired, despite the organisation's statutes granting retired members the same associative rights as active firefighters.

The dispute has escalated to the point that ABA is preparing a possible criminal complaint against those responsible for the decisions it is challenging. Torra indicated that the association intends to work on the legal action during the following week.

ABA accuses Marc Rossell's ministry of excluding it from salary negotiations

One of the main sources of disagreement concerns the Ministry's decision not to include ABA in discussions regarding the revision of public-sector salary structures.

According to Torra, the Government justified this exclusion by pointing to his retirement status.

However, the association argues that this circumstance should not prevent him from representing its members.

ABA's statutes explicitly establish that retired firefighters retain the same membership rights and obligations as active members.

The association therefore maintains that retirement does not automatically mean losing membership or the ability to hold leadership positions within the organisation.

The dispute raises a broader legal question: whether the Government can exclude a legally established association from institutional discussions solely because its president is retired.

ABA believes that any restriction on its representative role must be supported by a clear legal justification rather than administrative criteria that the association considers discriminatory.

Government demands trade union certification from an association that is not a union

Another central issue is the requirement for ABA to provide a certificate of trade union representativeness issued by the Department of Labour.

The association has submitted a formal request asking the Ministry of Public Administration to reconsider this requirement and identify the specific legal provision supporting it.

ABA argues that the Government is failing to distinguish between two different legal structures: trade unions and legally established associations representing public employees.

In this regard, the organisation refers to Article 87 of Andorra's Public Administration Law, which recognises certain rights for both trade unions and legally constituted associations of civil servants and public employees.

These rights include submitting proposals, preparing reports, addressing requests to competent authorities and representing members before public institutions.

However, the recognition of these rights does not necessarily mean that every organisation has identical participation rights in all collective bargaining forums.

For this reason, ABA is demanding clarification of which legal provision requires the certificate, why it applies to the association and what consequences would follow if it were not provided.

Joan Torra questions differences in trade union representation rules

ABA's president also believes that the Ministry is failing to properly distinguish between the different systems of employee representation.

According to Torra, organisations representing workers in the general labour market operate under different legal arrangements from those representing civil servants.

He cited the Unió Sindical d'Andorra (USdA) as an example, explaining that employee representation in the private sector is generally organised through works councils and employee delegates.

Within the public administration, however, trade union representativeness is governed by specific mechanisms related to membership and the applicable legal framework.

ABA considers these distinctions essential when determining which requirements can legally be imposed on each organisation.

The association therefore wants the Ministry to explain why a firefighters' association is being asked to provide certification associated with trade union representation.

Retired firefighters' financial rights are another source of conflict

The dispute also concerns the financial rights of firefighters who have already retired.

According to Torra, retired firefighters were not adequately taken into account during negotiations over the revised remuneration system.

The association submitted an administrative appeal over the issue, but the response was negative.

However, Torra claims that Minister Marc Rossell subsequently contacted retired firefighters individually to inform them that they would also receive the productivity bonus.

According to the ABA president, this measure has already been incorporated into the legislation accompanying the national budget.

For the association, these developments reinforce the importance of allowing representatives of retired firefighters to participate in discussions affecting their financial interests.

ABA considers filing a criminal complaint against Public Administration officials

Joan Torra has told La Veu Lliure that the association is considering taking the dispute to court if it does not receive a satisfactory response from the Ministry.

The organisation is preparing a possible criminal complaint, which would represent a significant escalation in its confrontation with the Government.

However, the proposed legal action remains under preparation, and no criminal offence has been established or individual criminal responsibility publicly demonstrated.

At the same time, Torra is considering appearing before the Finance Committee of Andorra's General Council to present additional concerns relating to retired firefighters.

Among the issues he intends to raise are tax documents connected to retirees' personal income tax declarations.

The association has not yet publicly specified the full content of the possible parliamentary appearance.

Dispute between firefighters and the Government dates back to 2025

ABA insists that its disagreements with the Ministry of Public Administration are not new.

According to a statement issued by the organisation, it had already raised concerns in 2025 about institutional decisions affecting recognition of its legal status and representative role.

The association argues that these previous disputes demonstrate the need to review the criteria applied by the Government and ensure that decisions affecting its rights are properly justified.

The controversy also contrasts with the commitments made when Marc Rossell became Minister of Public Administration in June 2025, when the Government emphasised dialogue with employee representatives as a central part of its plans for salary revisions and professional career development.

ABA now argues that the same administration has failed to recognise its representative capacity and has created obstacles to its participation in institutional negotiations.

The association is demanding legal clarification, recognition of its representative rights and greater transparency in decisions affecting active and retired firefighters.