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Constitutional Revision

Title IX Constitutional Revision

Article 105
The right to initiate the revision of the Constitution shall lie with the Coprinceps jointly or a third part of the members of the Consell General.

Article 106
The revision of the Constitution shall require the approval of the Consell General by a majority of two-thirds of the members of the Chamber. Immediately after its approval the proposal shall be submitted to ratification in a referendum.

Article 107
Once the procedure established in article 106 has been carried out, the Coprinceps shall sanction the new constitutional text for its promulgation and coming into force. First Additional Provision The Consell General and the Govern have the mandate of the Constitution so that, jointly with the Coprinceps, they may start negotiations with the governments of France and Spain with the purpose of signing an international three-party treaty which shall establish the framework of relations with the neighbouring States, on the basis of respect for the sovereignty, independence and territorial integrity of Andorra. Second additional provision The post of diplomatic representation of a State in Andorra is not compatible with the holding of any other public office.

First Transitional Provision:

1. The same Consell General which has approved this Constitution shall convene and extraordinary period of sessions to approve at least the Rules of Procedure of the Consell General and the lleis qualified related to the electoral system, the jurisdiction and financing system of the Communism, the Judiciary and the Tribunal Constitutional. This period of sessions shall end on the thirty-first day of December of 1993.

2. In that period, starting on the first working day following the publication of the Constitution, the Consell General may not be dissolved and shall carry out all the functions conferred to it by the Constitution.

3. On the eighth day of September of 1993, the feast day of Our Lady of Meritxell, the Sindic General shall call general elections, which shall be held in the first half of December of this year.

4. The end of this period of sessions shall imply the dissolution of the Consell General and the dismissal of the Govern, which shall function ad interim until the forming of the new one, in accordance with the Constitution.

Second transitional provision:

1. The Llei qualificada concerning the Judiciary shall envisage, on
a balanced basis, the appointment of Judges and Public Prosecutors from the neighboring States while it is not possible to do otherwise. This law, as well as the law concerning the Tribunal Constitutional shall regulate the status of nationality of Judges and Magistrates who are not Andorran.

2. The Llei Qualificada concerning the Judiciary shall establish the transitional system for the continuity in office of those judges who, at the moment of its promulgation, are not holders of the academic qualifications provided for in the Constitution.

3. The aforementioned Llei qualificada concerning the Judiciary shall envisage the systems of conformity of the pending proceedings and causes to the judicial and procedural system provided for in this Constitution, so as to guarantee the right to jurisdiction.

4. The laws rules valid at the moment the Tribunal Constitutional is established, may be subject to a direct constitutional appeal within a period of three months, following the taking up of office of the constitutional Magistrates. The organs entitled to lodge such an appeal shall be the ones provided for in article 99 of the Constitution.

5. In the period of the first term following the coming into effect of the Constitution, the representatives of the Coprinceps in the Consell Superior de la Justicia may not of necessity be Andorran nationals.

Third transitional provision:

1. The institutional agencies of the Coprinceps, the functions and jurisdiction of which have been conferred by this Constitution to other State organs, shall be transferred to the mentioned organs. With that purpose, a technical commission shall be set up. It shall be composed of a representative of each Coprincep, two of the Consell General, and two of the Govern and shall prepare and address a report to the Consell General for it to take the necessary steps in order to make the transfers effective within the period of time mentioned in the First Transitional Provision.

2. The same commission shall carry out the necessary arrangements to put the police services under the exclusive control of the Govern within the period of two months following the coming into effect of the Constitution. Derogatory provision With the coming into effect of this Constitution all previous rules contrary to it are hereby revoked.

Final provision:

The Constitution shall come into effect immediately upon its publication in the Butllets Official del Principat d'Andorra. And we the Coprinceps, after the adoption of the Constitution by the Consell in a solemn session on the second day of February of 1993, and after its approval by the Andorran People in the referendum held on the fourteenth day of March of 1993, make it ours, ratify, sanction and enact it, and, for general cognizance, we do order its publication.

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