Judicial Organisation

  • Sistema Judicial d'Andorra Open or Close
  • Higher Council of Justice Open or Close

    I. Duty and composition

    The Higher Council of Justice is the organ of representation, government and administration of the judicial organisation, which watches over the independence and proper functioning of justice. It appoints the Magistrates, Judges and Clerks of the Court and exercises the disciplinary function; and since 1 July 2004 has also appointed the officials and agents of the Administration of Justice.

    It also appoints, from among the Magistrates and Judges who have been proposed, the Presidents of the Magistrates' Court, the Criminal Court, and the High Court of Justice.

    The Higher Council of Justice is composed of five members appointed among Andorrans aged over twenty-five years and conversant with the Administration of Justice, one by each co-prince, one by the speaker (síndic general), one by the Prime Minister (cap de govern) and one elected by the judges and magistrates.

    Their mandate is for 6 years and they cannot be re-elected more than once consecutively.

    The member appointed by the Speaker is automatically President of the Higher Council of Justice and its representative.

    A vice-president and a member-secretary are elected from among the members of the Council

     

    II. CSJA Organisation chart

    CSJA

  • High Court Open or Close

    I. Duty and composition
    The High Court (Tribunal Superior) constitutes the highest instance of the judicial organisation of the Principality. It is competent to hear all the appeals lodged against legal decisions adopted in the first instance by the Andorran Magistracy, in civil and administrative matters, within the limits fixed by the law and, in criminal matters, by the Criminal Court.

    It is structured in three chambers, for civil affairs, criminal cases, and matters of judicial review and social security.

    The High Court consists of a President and eight Judges. Each of the chambers in session is presided over by three Judges.

    The President of the Court is also President of one of the three chambers.

    II. High Court of Justice Organisation chart

    TS

  • Criminal Court Open or Close

    I. Duty and composition

    The Criminal Court (Tribunal de Corts) is competent to judge major offences in the first instance, and to carry out the enforcement of its Judgments and other resolutions.


    It exercises, through its President, the functions of jurisdiction of penitentiary vigilance and application of penalties.

    It settles appeals against decisions given by the Magistrates: when they affect the liberty of the persons charged or agree cautionary measures in the instruction stage, or when they agree the shelving of enquiries or uphold complaints or charges.

    It hears appeals against criminal judgments delivered by the Magistrates' Courts in cases brought concerning minor offences and by Magistrates in matters of criminal offences.

    At present the Criminal Court is composed of a President, a vice-president, a Judge and two assistant Judges.


    II. Organisation chart of the Criminal Court

    TC

  • Public Prosecutor’s Office Open or Close

    I. Duty and composition

    The Public Prosecutor's Office (Ministeri Fiscal) has the duty of watching over the defence and application of the legal order and the independence of the courts, and to promote before them the application of the law to safeguard the rights of the public and the defence of the general interest; in the same way it acts in accordance with the principles of legality, unity and internal hierarchy.

    The Public Prosecutor's Office, besides exercising the public action, intervenes directly in criminal processes and requests all the enquiries which it deems necessary to investigate criminal facts and also those responsible.

    The Public Prosecutor's Office watches over strict compliance with the judgments delivered and is the institution which exercises the penal action, whether through knowledge of a fact which could constitute an offence or contravention; also it intervenes essentially in all civil proceedings in which there may be absent interested parties, minors, persons incapacitated or persons in need of protection, in processes relative to the Civil Registry and in all the other cases established by the laws.

    The Public Prosecutor's Office is composed of a general public prosecutor and three assistants.

    II. Public Prosecutor's Office Organisation chart

    Fiscalia

  • Magistracy (Batllia) Open or Close

    I. Duty and composition

    The Andorran Magistracy (Batllia) is the jurisdiction of first instance and instruction in all jurisdictional ambits. It is structured in civil, penal, administrative and special instruction sections.

    The Magistracy and the Magistrates (Batlles), whether sitting as a single person court or in collegiate composition, in accordance with the provisions of the Qualified Law of Justice and the Laws of Procedure, are competent to judge in the first instance all contentious affairs, except cases, in criminal matters, of major offences.

    The Magistrates examine criminal affairs individually; they can also sit as a single person Court (1 Magistrate alone) for voluntary jurisdiction. In criminal matters, criminal contraventions are judged by a single Magistrate and minor offences are judged by a Magistrates' Court.

    In civil matters, proceedings of minimum quantity or summary cases, that is, not exceeding 12,000 euro, are heard by a single Magistrate and those of indeterminate quantity or when the amount is over 12,000 euro are heard in a Magistrates' Court.

    In administrative matters, affairs related to contentious matters of Social Security are heard by a single Magistrate and all other questions in this jurisdictional ambit come before a collegiate court.

    This jurisdiction is composed by an assembly of Magistrates of no less than 8, with their President.t.

    II. Civil, Administrative and Minors Organisation chart

    Batllia Civil

    II. Instruction and Criminal Organisation chart

    Batllia Penal