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5Conscious of the need to conform the institutional structure of Andorra to the new circumstances brought about by the evolution of the geographical, historical and sociocultural environment in which it is situated, as well as of the need to regulate the relations which the institutions dating back to the Pareatges. shall have within this new legal framework,
6Resolved of the need to be endowed with all the mechanisms leading to juridical security in the exercise of the fundamental rights of the individual, which, although always present and respected in the nature of Andorran society, have not received the protection of any kind of general laws,
7Eager to use every endeavour to promote values such as liberty, justice, democracy and social progress, and to keep and strengthen the harmonious relations of Andorra with the rest of the world, and especially with the neighbouring countries, on the basis of mutual respect, co-existence and peace,
8Willing to bring their collaboration and effort to all the common causes of mankind, and especially to those of preserving the integrity of the Earth and guaranteeing an environment fit for life for the coming generations,
9Desiring that the motto "virtus, unita, fortior", which has presided over the peaceful journey of Andorra over its more than seven hundred years of history, may continue to be a completely valid principle and may always guide the conduct of Andorrans,
142. The Constitution proclaims that the action of the Andorran State is inspired by the principles of respect and promotion of liberty, equality, justice, tolerance, defence of human rights and dignity of the person.
242. The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
264. The treaties and international agreements take effect in the legal system from the moment of their publication in the Official Gazette of the Principality of Andorra and cannot be amended or repealed by law.
30The Constitution recognises human dignity to be inalienable and therefore guarantees the inviolable and imprescriptible rights of the individual, which constitute the foundation of political order, social peace and justice.
472. Executive detention shall take no longer than the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours.
483. The law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. Likewise the law shall establish the procedure to restore the impaired fundamental rights of any person under detention.
522. All persons shall have the right to counsel and the technical assistance of a competent lawyer, to trial within a reasonable time, to the presumption of innocence, to be informed of the charges against them, not to declare themselves guilty, not to testify against themselves and to appeal in criminal causes.
562. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in the interests of public safety, order, health or morals, or for the protection of the fundamental rights and freedoms of others.
573. The Constitution guarantees the Roman Catholic Church free and public exercise of its activities and the preservation of the relations of special co-operation with the State in accordance with the Andorran tradition.
60Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy. Preliminary censorship or any other means of ideological control on the part of the public authorities shall be prohibited.
68Inviolability of the dwelling shall be guaranteed. No one shall enter a dwelling or any other premises against the will of the owner or without a warrant, except in case of flagrant delicto. The privacy of communication shall also be guaranteed, except upon a reasoned court order.
70The right to meet and assemble for any lawful purpose shall be respected. The exercise of the right of assembly requires that the authorities be notified in advance, and shall not prevent the free movement of goods and people.
74The right to form and maintain managerial, professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organizations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically.
76Workers and employers have the right to defend their own economic and social interests. A Law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community.
781. All persons have the right to education, which shall be oriented towards the dignity and full development of the human personality, thus strengthening the respect for freedom and the fundamental rights.
85The non-renewal of the residence permit or the expulsion of a lawful resident shall only be decided pursuant to the causes and terms determined by law, after a non-appealable court decision, if the interested person exercises his or her right to jurisdiction.
92All Andorran nationals have the right of accession to public service and office under the same conditions and in accordance with the requirements determined by law. The exercise of institutional posts is reserved to Andorrans, with the exceptions that may be provided for in this Constitution or in international treaties.
94Andorrans have the right freely to create political parties. Their functioning and organization must be democratic and their activities lawful. The suspension of their activities and their dissolution is the responsibility of the judicial organs.
102All persons have the right to work, to their promotion through work, and to just income which shall guarantee a living befitting human dignity for themselves and their families, as well as to the reasonable limitation of the working day, weekly rest and paid vacation.
106The State has the task of ensuring the rational use of the soil and of all the natural resources, so as to guarantee a befitting quality of life for all and, for the sake of the coming generations, to restore and maintain a reasonable ecological balance in the atmosphere, water and land, as well as to protect the autochthonous flora and fauna.
108The State may intervene in the ordering of the economic, commercial, labour and financial system to make possible, within the frame of a market economy system, the balanced development of the society and general welfare.
119All individuals and juridical persons shall contribute to the public expenditure depending on their economic capacity, by means of a just taxing system, pursuant to a law and founded upon the principles of generality and equitative distribution of tax burdens.
1241. The rights and freedoms recognised in chapters III and IV of this TITLE bind immediately all public authorities as directly enforceable law. Their contents cannot be limited by law and are protected by the Courts.
1301. The rights and freedoms recognised in chapters 111 and IV are protected by regular courts through urgent and preferent proceedings regulated by law, which in any case shall be transacted in two instances.
1312. A law shall create an exceptional Procedure of Appeal before the Tribunal Constitucional against the acts of the public authorities which may violate the essential contents of the rights mentioned in the paragraph above, with the exception of the case provided for in article 22.
1331. A Qualified Law shall regulate the states of alarm and emergency. The former may be declared by the Govern in case of natural catastrophes, for a term of fifteen days, notifying the General Council. The latter shall also be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorisation of the General Council. Any extension of these states requires the necessary approval of the General Council.
1342. Under the state of alarm the exercise of the rights recognised in articles 21 and 27 may be limited. Under the state of emergency the rights covered by articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The application of this suspension to the rights covered in articles 9.2 and 15 must apply under the control of the judiciary notwithstanding the procedure of protection established in article 9.3.
1382. The Coprinces, an institution which dates from the Pareatges and their historical evolution, are in their personal and exclusive right, the Bishop of Urgell and the President of the French Republic. Their powers are equal and derive from the present Constitution. Each of them swears or affirms to exercise their functions in accordance with the present Constitution.
1401. The Coprinces are the symbol and guarantee of the permanence and continuity of Andorra as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the neighbouring States. They proclaim the consent of the Andorran State to honour its international obligations in accordance with the Constitution.
1412. The Coprinces arbitrate and moderate the functioning of the public authorities and of the institutions, and are regularly informed of the affairs of the State by their own initiative, or that of the Syndic General or the Head of Government.
1542. The dispositions provided for in letters g) and h) of this article shall be simultaneously brought to the attention of each Coprince, who shall sanction and enact them or express the consent of the State, as may fit the case, and the Coprinces shall ordain their publication within the period between the eighth and the fifteenth days thereafter.
155In that period the Coprinces, individually or jointly, may send a reasoned message to the Tribunal Constitucional, so that this institution may render judgment on their constitutionality. If the resolution is positive the act may be sanctioned with the signature of at least one of the Coprinces.
1563. When there may be circumstances impairing one of the Coprinces from formalising the acts listed in part 1 of this article within the periods constitutionally provided for, his representative shall make it known to the Syndic General, or when appropriate, to the Head of Government. In that case, the acts, norms or decisions in question shall take effect once the aforementioned days have elapsed with the signature of the other Coprince and the countersignature of the Head of Government, or, when appropriate, the Syndic General.
160 b.The creation and structuring of the services considered to be necessary for the performing of their institutional functions, the appointment of the holders of these services and their accreditation to all effects.
1672. The acts derived from articles 45 and 46 are exercised by the Coprinces personally, except for the faculties provided for in letters e), f), g), and h) of this article, which may be performed by delegation.
173In case of vacancy of one of the Coprinces the present Constitution recognises the validity of the mechanisms of substitution provided for in their respective legal systems, so as not to interrupt the normal functioning of the Andorran institutions.
176The General Council, which expresses the mixed and apportioned representation of the national population and of the seven Parishes, represents the Andorran people, exercises legislative powers, approves the budget of the State and prompts and controls the political action of the Govern.
1791. The Councillors are elected by universal, free, equal and direct suffrage for a four-year term. Their mandate shall cease four years after their election or on the day that the General Council is dissolved.
184The General Council consists of a minimum of twenty-eight and a maximum of forty-two Councillors Generals, half of whom shall be elected in an equal number by each of the seven Parishes and the other half elected on the basis of a national single constituency.
1861. The members of the General Council have the same representativity, are equal in terms of rights and duties and are not subject to any form of imperative mandate. Their vote is personal and may not be delegated.
1883. Throughout their term the Councillors may not be arrested or detained, except in the cases of flagrant delicto. But for that case, their detention and prosecution shall be decided by the plenary session of the Criminal Law Court and the trial shall be held by the Tribunal Superior.
1932. The General Council assembles in its inaugurating session fifteen days after the proclamation of the electoral results. The Syndic General, the SubSyndic General and, should this be the case, the other members who may statutorily be part of the Sindicatura, shall be elected in that same session.
1961. The General Council meets in traditional ordinary and extraordinary sessions, convened in the form prescribed in the Rules of Procedure. There shall be two ordinary periods of session throughout the year, as prescribed in the Rules of Procedure. The sessions of the Consell General are public, unless otherwise decided by the absolute majority of its members.
1972. The General Council functions as a Plenum or in committees. The Rules of Procedure shall provide for the formation of legislative committees such that they represent the composition of the Chamber.
1983. The General Council appoints a Permanent Commission to safeguard the powers of the Chamber while it is dissolved or in the period of recession. The Permanent Commission, under the presidency of the Syndic General, shall be formed in a way that will represent the apportioned composition of the Chamber.
1994. The Councillors may form parliamentary groups. The Rules of Procedure shall provide for the rights and duties of the Councillors and of the parliamentary groups, as well as for the statute of those Councillors not attached to a group.