All Andorran parliamentary groups agree on reform to strengthen Constitutional Court independence

All five parliamentary groups in Andorra's General Council (Consell General) have agreed to jointly promote a reform of the Qualified Law on the Constitutional Court, aiming to strengthen the institution's independence, improve its internal functioning and modernise constitutional procedures.

The initiative has been introduced by Demòcrates, Concòrdia, the Social Democratic Party, Andorra Endavant and Ciutadans Compromesos, which have jointly submitted a legislative proposal to amend the law originally adopted in 1993 and consolidated in 2023.

The proposed reform focuses on three main areas: judicial safeguards and responsibilities, the Constitutional Court's organisational autonomy, and the revision of procedures protecting fundamental rights.

Changes to judges' responsibilities and incompatibility rules

One of the main developments concerns the legal status of Constitutional Court judges, particularly the conditions governing their terms of office, grounds for removal, incompatibility rules and civil liability.

Under the proposal, Constitutional Court judges would only face civil liability in cases involving intentional misconduct or serious and inexcusable negligence, bringing their liability framework into line with that of judges in the ordinary court system.

The measure is intended to strengthen protections for Constitutional Court members in the exercise of their duties while clearly defining the circumstances under which they may be held civilly liable.

The proposed legislation also revises provisions concerning judicial terms of office, dismissal and restrictions on holding other positions or engaging in incompatible activities.

Greater autonomy and measures to prevent institutional deadlocks

Another objective of the reform is to increase the Constitutional Court's ability to manage its own affairs.

The proposal introduces a clearer separation between judicial responsibilities and internal administrative functions, seeking to reinforce the Court's organisational independence from other state institutions.

It also modifies the rules governing the operation of the Constitutional Court's plenary sessions.

Specifically, the reform reviews the requirements for holding sessions, adopting decisions and resolving tied votes that could otherwise lead to institutional deadlocks.

The proposal also allows judges to participate in deliberations and voting remotely, provided exceptional circumstances justify the use of electronic means.

Changes to constitutional appeals and access to the European Court of Human Rights

The parliamentary initiative also introduces amendments to constitutional procedures, particularly those designed to protect the rights and freedoms recognised by Andorra's Constitution.

The proposed changes include revisions to the requirements for submitting applications, the grounds for declaring cases inadmissible and the procedures governing requests for reconsideration.

One of the most significant amendments concerns constitutional amparo appeals, a legal mechanism allowing individuals to seek protection from the Constitutional Court when they believe certain fundamental rights have been violated.

The reform explicitly clarifies that individuals will not be required to file a request for reconsideration against an inadmissibility decision before subsequently applying to the European Court of Human Rights (ECtHR) in Strasbourg.