Constitution of the Principality of Andorra (1993) (excerpts related to Freedom of Association) (English)
[excerpts]
Constitution of the Principality of Andorra
as of March 14, 1993
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Article 3
1. The present Constitution, which is the highest rule of the legal system, binds all the public institutions as well as the individuals.
2. 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.
3. The universally recognized principles of international public law are incorporated into the legal system of Andorra.
4. The treaties and international agreements take effect in the legal system from the moment of their publication in the Butlletí Oficial del Principat d'Andorra[1] and cannot be amended or repealed by law.
Article 4
The 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.
Article 5
The Universal Declaration of Human Rights is binding in Andorra.
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Article 11
1. The Constitution guarantees the freedom of ideas, religion and cult, and no one is bound to state or disclose his or her ideology, religion or beliefs.
2. 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.
3 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.
The Constitution recognises the full legal capacity of the bodies of the Roman Catholic Church which have legal status in accordance with their own rules.
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Article 16
The 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.
Article 17
The right to associate for a lawful purpose shall be recognised. A law shall establish a Registry of the associations which may be constituted.
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Article 39
1. The rights and freedoms recognised in chapters III and IV of this Title (note: including the right to association) bind immediately all public authorities as directly enforceable law. Their contents cannot be limited by law and are protected by the Courts.
2. Aliens legally resident in Andorra can freely exercise the rights and freedoms of chapter II of this Title (note: The fundamental rights of the person and public freedoms).
Article 40
The exercise of the rights recognised in this Title may only be regulated by law. The rights of chapters III and IV (note: the fundamental rights of the person and public freedoms as well as the political rights of Andorran nationals) shall be regulated by means of lleis qualificades.
Article 41
1. The rights and freedoms recognised in chapters III and IV (note: the fundamental rights of the person and public freedoms and the political rights of Andorran nationals) are protected by regular courts through urgent and preferent proceedings regulated by law, which in any case shall be transacted in two instances.
2. A law shall create an exceptional Procedure of Appeal before the Tribunal Constitutional [2] 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 (note: the residence permit or the expulsion).
Article 42
1. A Llei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern[3] in case of natural catastrophes, for a term of fifteen days, notifying the Consell General. 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 Consell General. Any extension of these states requires the necessary approval of the Consell General.
2. Under the state of alarm the exercise of the rights recognised in articles 21 (note: right to move freely)… may be limited. Under the state of emergency the rights covered by … article 12 (note: freedoms of expression, of communication and of information)…, 16 (note: the right to meet and assemble)… may be suspended…
[1] Official Bulletin of the Principality of Andorra.
[2] Constitutional Tribunal.
[3] Government.