Andorra's Government Presented Abortion Law Reform to the Episcopal Co-Prince Just Hours Before Its Public Announcement

The proposed amendment to Article 117 of the Criminal Code represents one of the most sensitive legislative changes of the current parliamentary term

SFGA/CEsteve
SFGA/CEsteve
por el autor Joel Picón
5 minutos de lectura
Publicado el Monday, 2 November 2026 - 11:31

Andorra's Head of Government, Xavier Espot; Minister of Institutional Relations, Education and Universities, Ladislau Baró; and the Head of the Government Chief's Cabinet, Jordi Puy, presented the proposed legislation to decriminalize abortion for women to Episcopal Co-Prince Josep-Lluís Serrano i Pentinat just hours before its public announcement, according to sources from the Diocese of Urgell who spoke to La Veu Lliure.

The communication took place when the government had already largely finalized its announcement of the Criminal Code reform, a particularly sensitive legislative amendment that has been the subject of years of negotiations between Andorra and the Holy See.

According to the sources consulted, the main concern lies not only in the substance of the reform but also in the procedure followed by the government and the limited time granted to the Episcopal Co-Prince to examine the final draft.

The fact that Serrano Pentinat received the proposal only a few hours before its public presentation reportedly prevented him from reviewing it thoroughly and submitting his observations before the government announced its decision.

As a result, the government appears to have treated the substance of the reform as settled without providing the Episcopal Co-Prince with an effective opportunity to express his position on the final text beforehand, despite the institutional significance of the matter.

Espot, Baró and Puy Personally Handled the Communication

The information obtained by La Veu Lliure identifies Xavier Espot, Ladislau Baró and Jordi Puy as the officials responsible for conveying the legislative proposal to the Episcopal Co-Prince.

The direct involvement of the Head of Government, the minister responsible for institutional relations and the head of the Government Chief's Cabinet demonstrates that the communication was handled at the highest level of the executive branch.

However, the timing of the communication has raised questions.

Following a lengthy negotiation process aimed at finding a legal formula that would allow progress toward decriminalization without compromising Andorra's institutional structure, the Episcopal Co-Prince reportedly had only a few hours to examine the wording that the government was preparing to announce publicly.

Nevertheless, the Andorran government had already reached an agreement with the Vatican on the reform, following negotiations intended to reconcile the proposed legal changes with the country's constitutional framework.

This situation would have significantly limited Serrano Pentinat's ability to raise objections, request clarification or provide comments on the specific provisions before the announcement.

A Reform Negotiated for Years but Communicated at the Last Minute

The proposed amendment to Article 117 of Andorra's Criminal Code represents one of the most delicate legislative changes of the current parliamentary term.

The government's proposal seeks to exempt women from criminal liability for voluntarily terminating a pregnancy, while maintaining criminal penalties for healthcare professionals who perform or facilitate abortions.

This approach emerged from years of institutional discussions aimed at reconciling changes to criminal legislation with the constitutional characteristics of the Principality.

Andorra is governed under a unique co-principality system, in which the President of the French Republic and the Bishop of Urgell jointly serve as Heads of State.

The Episcopal Co-Prince's position is particularly significant because of the Catholic Church's opposition to abortion and the constitutional role exercised by the Bishop of Urgell.

The reform therefore raises sensitive questions about the relationship between legislative authority, institutional responsibilities and the preservation of Andorra's constitutional arrangements.

Against this background, the limited time reportedly provided to the Episcopal Co-Prince to examine the final draft is considered especially significant.

Government Reportedly Finalized the Text Before Receiving Observations

According to information provided to La Veu Lliure, the legislative proposal was already practically finalized when it was communicated to Serrano Pentinat.

This means that although the Episcopal Co-Prince was formally informed of the proposal before its public presentation, he reportedly did not have sufficient time to submit observations that could have been assessed by the government before the text was made public.

The distinction is important because receiving formal notification of a legislative initiative does not necessarily provide the same opportunity for institutional participation as having adequate time to examine its content.

Sources consulted by this newspaper suggest that the government had effectively completed its political and legislative decision-making process before communicating the final wording to the Episcopal Co-Prince.

The circumstances raise questions about the degree of consultation afforded to the current Episcopal Co-Prince during the final stages of one of the most sensitive reforms of the parliamentary term.

Unequal Institutional Treatment Compared With Former Co-Prince Joan-Enric Vives

The circumstances also highlight what sources consulted by La Veu Lliure describe as unequal institutional treatment between the current Episcopal Co-Prince, Josep-Lluís Serrano i Pentinat, and his predecessor, Joan-Enric Vives.

The former Bishop of Urgell had been informed about the discussions and negotiations conducted over several years between the Andorran government and the Holy See.

Those negotiations sought to establish a legal framework that would allow progress toward the decriminalization of abortion for women without jeopardizing Andorra's co-principality system.

By contrast, according to the sources consulted, Serrano Pentinat received the final wording of the proposed reform only hours before its public announcement, without a meaningful opportunity to examine the text and submit observations.

The difference is particularly significant because Vives had been able to follow the evolution of negotiations throughout his mandate, while his successor was reportedly presented with an almost finalized legislative proposal.

This occurred despite the fact that Serrano Pentinat is now the constitutional officeholder exercising the responsibilities of Episcopal Co-Prince.

The situation raises broader questions about how the government handled institutional communication with one of Andorra's two Heads of State during the final stages of the reform.

Although the proposed amendment follows years of negotiations with the Holy See, the information obtained by La Veu Lliure suggests that the current Episcopal Co-Prince had very limited time to review the final text before its public presentation.

The controversy therefore concerns not only the content of the abortion law reform but also the institutional procedure followed by the Andorran government and the level of consultation afforded to the Episcopal Co-Prince.

 

 

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