Constitution of the Principality of Andorra
The Constitution of the Principality of Andorra of 14 March 1993 guarantees legal security in the exercise of fundamental human rights and values such as freedom, justice, democracy and social progress.
These general principles of law are also guaranteed in article 1 of the Andorran Administrative Code:
Advice in administrative law
We offer our advice to companies, individuals, administrations for matters that require advice in administrative law, or negotiations or drafting of administrative contracts.
Legal advice and dispute resolution in Andorra
The Constitution of the Principality of Andorra, approved by referendum on 14 March 1993, is the supreme law of the legal system. Its Article 3.2 guarantees the principles of legality, hierarchy of norms, publication of legal rules, non-retroactivity of provisions restricting rights, legal certainty, accountability of public authorities and prohibition of arbitrariness. The same principles govern the actions of the Administration under Article 1 of the Administration Code.
Advice across many areas of law
We advise businesses, individuals and public bodies across the various branches of Andorran law (see “Areas of law”) :
- civil, family and inheritance law ;
- commercial and company law ;
- administrative and planning law ;
- tax law ;
- employment and social security law ;
- real estate and property law ;
- intellectual property law ;
- criminal law.
We also advise on private and public international law. For example, settling an estate in Andorra may require applying a foreign law, and some tax, customs or administrative matters depend on how international agreements apply in Andorra.
Before going to court, the Civil Procedure Code notes that parties may resolve their disputes through out-of-court means such as negotiation, mediation or arbitration. Whenever possible, we help you explore these options to reach a faster and less costly solution.
The Andorran court system
The Qualified Law on Justice divides judicial power into three jurisdictions : civil, criminal and administrative. The civil courts hear all private legal matters and any issue not expressly assigned to another jurisdiction.
| Court | Main role |
|---|---|
| Batllia d’Andorra (judges and Tribunal de Batlles) | First instance in civil and administrative matters, investigation of criminal cases and non-contentious proceedings |
| Tribunal de Corts | First-instance trial of criminal offences and enforcement of its decisions |
| High Court of Justice (Tribunal Superior de Justícia) | Highest judicial body: hears appeals against decisions of the Batllia and the Tribunal de Corts through its civil, criminal and administrative chambers |
The administrative courts hear, among other matters, disputes with the Administration, social security, civil service, public procurement and expropriation cases, and claims for the liability of the Administration.
Legal representation : Before all courts and in all proceedings, representation by a lawyer registered with the Andorran Bar is mandatory, unless a law provides otherwise. Anyone who can show financial hardship may apply for free legal aid.
Civil and commercial disputes
Civil proceedings are governed by the Civil Procedure Code (consolidated text approved by Law 22/2021).
Types of proceedings : Depending on the subject matter and amount, a claim follows :
- ordinary proceedings, for claims of €20,000 or more or of an indeterminate amount ;
- summary proceedings (abreujat), for claims below €20,000 and matters assigned to them by law ;
- special proceedings: payment order, summary protection, leases, employment, family, capacity support measures and involuntary committal.
Lawyer and court representative : As a rule, representation by a lawyer is mandatory. It is optional only in certain cases, including summary proceedings up to €1,500 and payment-order proceedings up to €3,000. Legal entities must always appear assisted by a lawyer and represented by a court representative (procurador).
Interim measures : To prevent the outcome of the case from being frustrated, interim measures such as a precautionary attachment or a preventive registration of the claim may be requested. The applicant must show risk from delay and a prima facie case, and in principle offer security of at least 25% of the amount claimed. In urgent cases, they may be requested before the claim is filed, which must then be brought within the following twenty working days.
Appeals : A first-instance judgment may be appealed to the Civil Chamber of the High Court of Justice within twenty working days, or thirteen working days in special proceedings.
Enforcement : Once judgment is obtained, the Code governs enforcement, including attachment and sale of assets, and the recognition and enforcement in Andorra of foreign judgments.
Disputes with the Administration
The Administration Code (consolidated text approved by Law 14/2023) governs challenges to decisions of the Government, the parishes (comuns) and public bodies.
Prior administrative appeal : Before going to court, an administrative appeal must generally be filed :
- with the Government, for decisions of the general Administration ;
- with the Consell de Comú, for decisions of a parish, unless a parish ordinance provides otherwise ;
- with the body designated by its governing law or, failing that, with the Board of Directors, for decisions of an autonomous body or a semi-public entity.
The deadline is one month from notification of the decision, unless a law sets a different period. Appeals on planning, building and tax matters, and others subject to special procedures, follow their own rules.
Administrative silence : If the Administration does not decide an appeal within two months, it is deemed rejected and the way to the courts is open. As a general rule, silence on an application also counts as a refusal after two months.
Court action : Against an express or implied rejection, an action may be brought before the administrative courts: at first instance before the Batllia and, on appeal, before the Administrative Chamber of the High Court of Justice.
Suspension : Filing an appeal does not automatically suspend the decision challenged. Suspension may be requested if enforcement could cause irreparable or hard-to-repair harm, or if the decision is null and void.
Extraordinary review : A final decision may be challenged through an extraordinary review within three months if essential new documents come to light or if the decision was based on false evidence or criminal conduct established by a final judgment.
Liability of the Administration : Claims for damage caused by the Administration or its staff fall exclusively within the jurisdiction of the administrative courts.
How we can help
Aleix Advocats supports you at every stage of a dispute :
- A preliminary analysis of the case, the deadlines and the prospects of success.
- Negotiation, mediation and the search for out-of-court settlements.
- Drafting and filing administrative appeals with the Government, the parishes and public bodies.
- Representation before the Batllia, the Tribunal de Corts and the High Court of Justice.
- Applications for interim measures to protect your rights during proceedings.
- Enforcement of judgments and recognition of foreign decisions in Andorra (exequatur).
Legal framework
- Constitution of the Principality of Andorra (1993), Article 3.
- Qualified Law on Justice of 3 September 1993, as amended.
- Law 22/2021 of 17 September on the consolidated text of the Civil Procedure Code.
- Law 14/2023 of 3 July on the consolidated text of the Administration Code.
Areas of competence:
Our lawyers and advisers offer their services in different areas of expertise: Andorran law (see branches of law), economics in general and, in particular, in the field of tax advice.
Contact with us
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