GOVERNMENT
Until recently, Andorra’s
political system had no clear division of powers into executive,
legislative, and judicial branches. A constitution was ratified
and approved in 1993. The constitution establishes Andorra as a
sovereign parliamentary democracy that retains as its heads of state
two co-princes.
The fundamental impetus
for this political transformation was a recommendation by the Council
of Europe in 1990 that, if Andorra wished to attain full integration
into the European Union (EU), it should adopt a modern constitution,
which guarantees the rights of those living and working there. A
Tripartite Commission--made up of representatives of the Co-princes,
the General Council, and the Executive Council--was formed in 1990
and finalized the draft constitution in April 1991.
Under the 1993 constitution,
the co-princes continue as heads of state, but the head of government
retains executive power. The two co-princes serve co-equally with
limited powers that do not include veto over government acts. They
are represented in Andorra by a delegate. As co-princes of Andorra,
the President of France and the Bishop of Seu d’Urgell maintain
supreme authority in approval of all international treaties with
France and Spain, as well as all those, which deal with internal
security, defense, Andorran territory, diplomatic representation,
and judicial or penal cooperation. Although the institution of the
co-princes is viewed by some as an anachronism, the majority sees
them as both a link with Andorra’s traditions and a way to
balance the power of Andorra’s two much larger neighbors.
Andorra's main legislative body is the 28-member General Council (Parliament). The sindic (president), the subsindic, and the members of the Council are elected in the general elections held every four years. The Council meets throughout the year on certain dates set by tradition or as required. The most recent general elections took place on April 24, 2005. The forthcoming Andorran elections will be held in March/April 2009.
At least one representative from each parish must be present for the General Council to meet. Historically, within the General Council, four deputies from each of the seven individual parishes provided representation. This system allowed the smaller parishes, which have as few as 562 voters, the same number of representatives as larger parishes, which have up to 4,014 voters. To correct this imbalance, a provision in the 1993 constitution introduced a modification of the structure and format for electing the members of the Council; under this format, half of the representatives are chosen by the traditional system, while the other half are selected from nationwide lists.
A sindic and a subsindic are chosen by the General Council to implement its decisions. They serve four-year terms and may be reappointed once. They receive an annual salary. Sindics have virtually no discretionary powers, and all policy decisions must be approved by the Council as a whole. Every four years, after the general elections, the General Council elects the head of government, who, in turn, chooses the other members of the Executive Council. The current council has eleven ministers.
The judicial system is independent. Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan law. Civil cases are first heard by the batlles court -a group of four judges, two chosen by each co-prince. Appeals are heard in the Court of Appeals. The highest body is the five-member Superior Council of Justice.
Andorra has no defense forces and only a small internal police force. All able-bodied men who own firearms must serve, without remuneration, in the small army, which is unique in that all of its men are treated as officers. The army has not fought for more than 700 years, and its main responsibility is to present the Andorran flag at official ceremonies.
Principal Government Officials
Co-Prince--Nicolas Sarkozy, President of France
Co-Prince--Joan Enric Vives i Sicilia, Bishop of Seu d'Urgell, Spain
Head of Government--Albert Pintat
Sindic General--Joan Gabriel
Permanent Representative to the United Nations--Carles Font
Ambassador to the United States, resident in New York--Carles Font
POLITICAL
CONDITIONS
Andorra held national elections on April 24, 2005. The ruling Andorran Liberal Party (PLA) won the elections but lost the absolute majority it had attained in the 2001 elections. After 10 years in power, Cap de Govern and PLA leader Marc Forné stepped down as Cap de Govern. His replacement is Former Foreign Minister Albert Pintat, who comes from the same party. The center-right PLA went from 15 to 14 seats in the 28-seat Parliament, while the center-left Social Democratic Party (PS) doubled its representation from 6 to 12 seats. The remaining 2 seats are held by CDA-Segle-21, a union of two center-right parties which are joined in a coalition with PLA. Since the ratification of the constitution in 1993, four coalition governments have been formed. The Pintat government's principal goals have been to address housing scarcity, modernize the country's taxation system, and press forward with reforms required to remove Andorra from the Organization for Economic Cooperation and Development's (OECD) list of tax haven countries.
There has been a redefinition of the qualifications for Andorran citizenship, a major issue in a country where only about 36% are legal citizens. In 1995, a law to broaden citizenship was passed but citizenship remains hard to acquire, with only Andorran nationals being able to transmit citizenship automatically to their children. Lawful residents in Andorra may obtain citizenship after 25 years of residence. Children of residents may opt for Andorran citizenship after 18 if they have resided virtually all of their lives in Andorra. Mere birth on Andorran soil does not confer citizenship. Dual nationality is not permitted. Non-citizens are allowed to own only a 33% share of a company. Only after they have resided in the country for 20 years, will they be entitled to own 100% of a company. A proposed law to reduce the necessary years from 20 to 10 is pending approval in Parliament.
By creating a modern legal framework for the country, the 1993 constitution has allowed Andorra to begin a shift from an economy based largely on tax-free shopping to one based on tourism and international banking and finance. Despite promising new changes, it is likely that Andorra will, at least for the short term, continue to confront a number of difficult issues arising from the large influx of foreign residents and the need to develop modern social and political institutions. In addition to questions of Andorran nationality and immigration policy, other priority issues will include dealing with housing scarcities and speculation in real estate, developing the tourist industry, defining its relationship with the European Union, and reforming the investment law to allow up to 100% foreign ownership in activities and sectors considered strategic.
Government
Type: Parliamentary democracy that retains as its heads of state two co-princes.
Constitution: Ratified in March 1993.
Independence: 1278.
Branches: Heads of State--Two co-princes (President of France, Bishop of Seu d'Urgell in Spain). Executive--Head of Government (Cap de Govern) and eleven ministers (Executive Council). Legislative--Parliament (General Council), founded 1419, consisting of 28 members. Judicial--Civil cases heard in first instance by four judges (batlles) and in appeals by the one-judge Court of Appeals. The highest body is the five-member Superior Council of Justice. Criminal cases are heard by the Tribunal of Courts in Andorra la Vella.
Subdivisions: Seven parishes (parroquies)--Andorra la Vella, Canillo, Encamp, La Massana, Ordino, Sant Julia de Lòria, and Escaldes make up the districts represented in the General Council.
Political parties/groups: Andorran Liberal Party (PLA), CDA (Democratic Center of Andorra), and the Social Democratic Party (PS).
Suffrage: Universal at 18.
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