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Justice

Title VII Justice

Article 85

1. In the name of the Andorran people, justice is solely administered by independent judges, with security of tenure, and while in the performance of their judicial functions, bound only to the Constitution and the laws.

2. The whole judicial power is vested in a uniform organization of Justice. Its structure, functioning and the legal status of its members shall be regulated by a Llei Qualified. No special jurisdiction shall be established.

Article 86

1. The rules of jurisdiction and procedure applying to the Administration of Justice are reserved to the law.

2. In all cases, judgments shall be justified, founded in the legal system and publicly declared.

3. Criminal trials are public, notwithstanding the limitations provided for by the law. Its procedure is preferently oral. The judgment which ends the first instance shall be rendered by a judicial organ different from the one in charge of the proceedings, and this judgment may always be subject to appeal.

4. The jurisdictional defence of the general interest may be carried out by means of popular action in the cases regulated by the laws of procedure.

Article 87
The judicial power is held by the Batlles, the Tribunal de Batlles, the Tribunal de Corts, and the Tribunal Superior de la Justicia d'Andorra, as well as by the respective presidents of those courts, in accordance with the laws.

Article 88
Judgments, once final, have the value of res judicata and may not be modified or quashed except in the cases provided for by the law or when, in exceptional cases, the Tribunal Constitucional, after the corresponding process of Constitutional appeal, decides that they were rendered in violation of certain fundamental rights.

Article 89

1. The Consell Superior de la Justice, as the organ of representation, direction and administration of the organization of Justice, watches over the independence and proper functioning of the Justice. All its members shall be Andorran nationals.

2. The Consell Superior de la Justice consists of five members appointed among Andorrans over twenty-five years of age, conversant with the Administration of Justice. One shall be appointed by each Coprincep, one by the Sandic General, one by the Cap de Govern and one by Magistrates and Battles. They hold office for a six-year term and may not be elected twice consecutively. The Consell Superior de la Justice is presided over by the member appointed by the Sindic General.

3. The Consell Superior de la Justice appoints Ballets and Magistrates, exercises disciplinary authority over them and promotes the conditions for the Administration of Justice to carry out its duties with the means available. In order to fulfill this aim it may render its opinion in relation to the drafting of bills affecting the Judiciary or to report on the situation of latter.

4. The Llei Qualificada concerning the Judiciary shall regulate the functions and jurisdiction of this Consell Superior.

Article 90

1. All Judges, whatever their rank, shall be appointed for a renewable six year term, by academically qualified lawyers and with technical capacity for the performance of the judicial office.

2. The Presidents of the Tribunal de Batlles, the Tribunal de Corts, and the Tribunal Superior de la Justice are appointed by the Consell Superior de la Justice. The length of their term of office and the conditions for their eligibility shall be determined by the Llei Qualified mentioned in article 89.4 of the Constitution.

Article 91

1. The office of Judge is not compatible with any other public post or with the exercise of commercial, industrial or professional activities. Remuneration of Judges is in the sole responsibility of the State Budget.

2. While Judges hold office they may not be reproved, displaced, suspended, or removed from their post, unless pursuant to a sanction imposed on grounds of disciplinary or criminal liability, by means of a procedure regulated by the Llei Qualificada and with the rights of hearing and defence fully guaranteed. The same law shall also regulate the cases of civil liability of Judges.

Article 92
In accordance with the laws and notwithstanding the personal liability of those who caused them, the State shall cover the damages for the problems caused by the miscarriage of justice or the abnormal functioning of the Administration of Justice.

Article 93

1. The Public Prosecution has the task of watching over the defence and enforcement of the legal system, and the independence of courts, as well as the task of promoting before them the enforcement of the law, in order to safeguard the rights of the citizens and the protection of the general interest.

2. The Public Prosecution is composed of members appointed by the Consell Superior de la Justice, upon the advice of the Govern, for renewable six-year terms, by persons qualifying to be appointed as Judge. Their legal status shall be regulated by law.

3. The Public Prosecution, presided over by the Fiscal General de l'Estat, functions in accordance with the principles of legality, unity and internal hierarchy.

Article 94
The Judges and the Public Prosecution are in charge of police activities related to judicial matters as provided for the law.

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