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ANDORRA
Consell general (General Council)

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Consell general / General Council
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Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1995 -
LEADERSHIP
President Vicenç Mateu Zamora (M) 
Notes Elected on 28 April 2011.
Secretary General Josep Hinojosa Besolí (M) 
Notes 1 Feb. 2012 -
COMPOSITION
Members (statutory / current number) 28 / 28
PERCENTAGE OF WOMEN


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Women (current number) 14 (50.00%)
Mode of designation directly elected 28
Term 4 years
Last renewal dates 3 April 2011
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CONTACT INFORMATION
Address Consell general
Casa de la Vall
ANDORRA LA VELLA
(Export mailing lists)
Phone (376) 877 877
Fax (376) 86 12 34
E-mail consell_general@parlament.ad
arantxa_rodriguez@parlament.ad
Website
http://www.consellgeneral.ad

ELECTORAL SYSTEM

Parliament name (generic / translated) Consell general / General Council
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 3 September 1993
Mode of designation directly elected 28
Constituencies - 7 multi-member (2 seats) constituencies corresponding to the country's parishes
- 1 national multi-member (14 seats) constituency
Voting system Mixed: Mixed system:
- single majority vote applies in the parishes
- proportional representation with rule of highest remainder applies in the national constituency
Vacancies arising between general elections are filled by substitutes elected together with titular members.
Voting is not compulsory.
Voter requirements - age: 18 years
- Andorran citizenship
- full possession of civil and political rights
CANDIDATES
Eligibility - age: 18 years
- Andorran citizenship
- full possession of civil and political rights
Incompatibilities - other public responsibilities or functions such as that of civil servant
- any activity paid by the General Council, Government, public or semi-public body
- government assignment in excess of six months
Candidacy requirements - candidatures must be submitted by at least 0.5% of the electors registered in each constituency (national or parish)
- each candidature must be backed by a minimum of 10 citizens

LAST ELECTIONS

Parliament name (generic / translated) Consell general / General Council
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 3 April 2011
Timing and scope of renewal Elections were held for all the seats in the General Council following the early dissolution of this body on 15 February 2011. Elections to the House of Representatives had previously taken place in April 2009.
In February 2011, the General Council rejected the government's 2011 draft budget and its proposal to introduce a value-added tax (VAT), triggering early elections in April. Under the Constitution, elections were not due before April 2013.

In the previous elections (April 2009), the Social Democrat Party (PS) and its allies took 14 of the 28 seats at stake. The alliance of the Reformist Coalition (CR) - Independents of Ordino (IO) coalition took 11 seats. The CR-IO alliance comprised the then ruling Liberal Party of Andorra (PLA), the New Centre, the Lauredian Union and the IO. Andorra for Change (APC) took the remaining three seats.

In June, the General Council elected Mr. Jaume Bartumeu Cassany (PS), who had pledged to modify Andorra's bank secrecy laws, as the new Prime Minister. He became the Principality's first socialist head of government. His government comprised members of the PS and several independents In July, the Organisation for Economic Co-operation and Development (OECD) removed Andorra from its list of "uncooperative tax havens" after the government undertook to implement the OECD standards of transparency and effective exchange of information.

Although the PS-led government was initially supported by the APC, the latter subsequently joined the opposition. Mr. Bartumeu's government had difficulty getting major legislation through parliament, including the 2010 budget, and it was obliged to continue to use the 2009 budget.

The global economic crisis continued to cast a shadow over the Principality's economy, partly because of its ongoing impact on Andorra's two main economic partners, Spain (80%) and France (20%).

Andorra started using the euro in 2002, but only formally entered into a monetary agreement with the European Union (EU) on 10 February 2011. While the PS-led government lauded the agreement, some opposition members reportedly felt its conclusion had been rushed. The Prime Minister dismissed the criticism, arguing that there had been little room for manoeuvre.

The Prime Minister insisted that the Principality needed to reform its tax system immediately to improve public finances and bring Andorra in line with the European economy. He proposed two new taxes: a corporate tax and a 4.5-per-cent VAT. The opposition called for more gradual change in the face of a stagnating economy.

In February 2011, the opposition parties blocked the proposals for the 2011 budget and the VAT. As the government is not allowed to use the same budget for two consecutive years under Andorran law, it was effectively forced to call early elections.

On 15 February 2011, Prime Minster Bartumeu requested the Head of State to dissolve the General Council for elections to be held on 3 April, two years earlier than they were constitutionally due.

Shortly after the dissolution, the PLA formed the Democrats for Andorra (DA) under the leadership of Mr. Antoni Martí, former mayor of Escaldes, the Principality's second largest city. The DA comprised the PLA, the New Centre and former members of the PS.

The PS formed the Ara Futur coalition with the IO and the Group of Ordino Independents. The APC, the Greens and the Lauredian Union, which supported the DA, submitted their own lists.

Taxation remained the main issue in 2011. Prime Minister Bartumeu's Ara Futur criticized the DA for preventing his government from implementing further fiscal reforms. He pledged to introduce an income tax for Andorran residents with salaries over 40,000 euros per year. DA leader Martí argued that Andorrans did not want to pay more taxes and pledged to maintain attractive fiscal measures. Under the Taxation of Non-Residents Act, 2010, which came into effect on 1 April 2011, only non-resident companies and individuals are subject to income tax.

On 3 April, 74.12 per cent of some 21,000 registered voters turned out at the polls.

The DA took 20 of the 28 seats at stake, the highest figure since Andorra adopted the 1993 Constitution. The PS took six, while the Lauredian Union took two. The APC failed to win parliamentary representation.

On 28 April, the newly elected General Council held its first session and elected Mr. Vicenç Mateu Zamora (DA) as its new Speaker.

On 12 May, it elected Mr. Antoni Martí (DA) as the new Prime Minister. His candidacy was backed by the DA and the Lauredian Union.
STATISTICS
Voter turnout
Round no 13 April 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
21'852
16'197 (74.12%)
687
15'510
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Democrats for Andorra (DA) 8'553 55.15
Social Democrat Party (PS) 5'397 34.80
Lauredian Union
Distribution of seats
Round no 1
Political Group Total of seats National seats Parish seats
Democrats for Andorra (DA) 20 8 12
Social Democrat Party (PS) 6 6 0
Lauredian Union 2 0 2
Distribution of seats according to sex
Men

Women

Percent of women
14

14

50.00%
Distribution of seats according to age
21 to 30 years

31 to 40 years

41 to 50 years

51 to 60 years

1

10

11

6

Distribution of seats according to profession
Finance, management or business

Legal profession

Civil service and local authority administration

Education profession

Social workers

Architect, surveyor, engineer

Nursing

Economist

Physician, dentist

11

5

5

2

1

1

1

1

1

Comments
Sources:
General Council (04.05.2011, 12.05.2011, 03.11.2011)
http://www.eleccions.ad/EG_2011/index.htm

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Consell general / General Council
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title Speaker (Syndic General) of the General Council
Term - duration: 4 years (term of House)
- reasons for interruption of the term: resignation, annulment of the elections by the courts, appointment to a post incompatible with that of Speaker, death, dissolution of the Council
Appointment - elected by all Members of the Council 15 days after proclamation of the election results
- after Members' mandates have been validated
- before Members have been sworn in
Eligibility - any Member may be a candidate, but formal notification of candidature is required
- deadline for notification is 24 hours before the opening of the sitting during which the election takes place
Voting system - formal vote by secret ballot
- an absolute majority is required in the first round; in the second round only the two candidates who obtained the most votes in the first round may stand; in case of a tie in the second round, the oldest candidate is elected.
Procedures / results - the oldest Member presides over the Council during the voting
- the Clerk supervises the voting
- the oldest Member announces the results without delay
- the results may be challenged when the vote is held
STATUS
Status - ranks second in the hierarchy of the State
- represents the Council with the authorities
- is ex officio President of committees
- in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions
Board - the Board is regulated by the Standing Orders
- it consists of the Speaker, the Deputy Speaker and two Secretaries elected for the duration of the legislature
- it meets at the initiative of the Speaker, every 10 days on average
Material facilities - yearly allowance: FF 260,000 (approx.)
+ representation allowance
- official car
- secretariat
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda, in agreement with the leaders of the parliamentary groups
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments with the Board
- refers texts to a committee for study, in agreement with the leaders of the parliamentary groups
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Council, based on precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - is responsible for establishing the budget
- recruits, assigns and promotes staff
- appoints the Clerk, at the Syndicate's recommendation
- organizes the services of the Council
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Council
Speaking and voting rights, other functions - takes the floor in legislative debates
- provides guidelines for the interpretation or completion of the text under discussion, solely when technical matters are involved
- takes part in voting
- proposes bills or amendments
- intervenes in the parliamentary oversight procedure
- countersigns laws before transmitting them to the Head of State for promulgation
- ensures the constitutionality of laws
- appoints one member of the Higher Court of Justice

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Consell general / General Council
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation (Art. 53 (1) of the Constitution of 28.04.1993)
Start of the mandate · When the results are declared by the Government (see also Art. 62 of the Law on the Electoral System and Referenda). The full range of rights and duties is acquired when the mandates are validated and the MPs take the oath (Art. 3 of the Standing Orders of the General Council). Details.
Validation of mandates · Validation by the Government
· Procedure
End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution except for members of the Standing Committee who keep their mandate until the newly elected Parliament has been constituted (Art. 51 (1) and Art. 56 (3) of the Constitution, Art. 56 (1) of the Law on the Electoral System and Referenda and Art. 37 (1) of the Standing Orders of the General Council).
Can MPs resign? Yes · Yes, of their own free will
· Procedure : resignations are addressed in writing to the President and confirmed in person before the Board.
· Authority competent to accept the resignation: the Board.
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter:
- Incompatibility (Art. 16 (1), Art. 17 (1) and Art. 63 of the Law on the Electoral System and Referenda, Art. 37 (2) of the Standing Orders of the General Council)
(b) Loss of mandate by judicial decision:
- Annulment of the MP's election
- Disqualification pronounced by the courts for a period longer than the term of office
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The Vice-President
3. The Leaders of parliamentary groups
4. The Secretaries of the Board
5. The deputy leaders of parliamentary groups
6. The other MPs, by alphabetical order
· Outside Parliament: the official order of precedence corresponds to the internal order of protocol.
Indemnities, facilities and services · Diplomatic passport
· Basic salary: FF 10,000 per month (approx. for a half-time occupation)
· Total exemption from tax
· Pension scheme: ordinary social security system
· Other facilities:
(a) Postal and telephone services
(b) Travel and transport
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 53 (2) of the Constitution).
· No derogations are foreseen.
· Non-accountability takes effect on the day when the mandate begins.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 53 (3) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody. However, there is a special procedure for the arraignment and charging of Councillors by the Tribunal de Corts (penal court) (decision on the opening of proceedings taken in plenary sitting), and the judgement (pronounced by the Higher Court).
· Derogations: parliamentary inviolability does not apply in cases of flagrante delicto.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. It covers judicial proceedings instituted against MPs before their election insofar as such proceedings are carried out by means of the above-mentioned special procedure.
· Parliamentary immunity (inviolability) can be lifted (Art. 53 (3) of the Constitution):
- Competent authority: the Penal Court sitting in plenary
- Procedure (Art. 53 (3) of the Constitution): the Court decides on the opening of the procedure for arrest in plenary sitting. In this case, MPs can be heard (ordinary defence system). They do have means of appeal (ordinary appeal system).
· Parliament cannot subject the prosecution and/or detention to certain conditions).
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· As to whether, in the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament, there are neither specific provisions nor jurisprudence in this respect.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parties.
· There is no handbook of parliamentary procedure.
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings.
· Penalties foreseen in case of failure to fulfil this obligation: loss of allowances
Discipline · The rules governing discipline within Parliament are contained in Art. 86 to 87 of the Standing Orders of the General Council.
· Disciplinary measures foreseen:
- Call to order (see Art. 86 (1) of the Standing Orders of the General Council)
- Order to leave the sitting (Art. 86 (2) of the Standing Orders of the General Council)
- Temporary suspension of parliament (Art. 86 (2 and 3) of the Standing Orders of the General Council)
- Suspension of the sitting (Art. 87 of the Standing Orders of the General Council)
· Specific cases:
- As far as offences or insults are concerned, there are no specific provisions.
· Competent body to judge such cases/to impose penalties:
- Call to order/Order to leave the sitting/suspension of the sitting: the President
- Temporary suspension of Parliament: the Board for a maximum of one month, the General Council, at the Board's request, for more than one month/the General Council at the Board's initiative
· Procedure:
- Call to order/order to leave the sitting/temporary suspension of Parliament (Art. 86 of the Standing Orders of the General Council)
- Suspension of the sitting (Art. 87 of the Standing Orders of the General Council)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 16 (1), Art. 17 (1) and Art. 63 of the Law on the Electoral System and Referenda, Art. 37 (2) of the Standing Orders of the General Council).
· Penalties foreseen for violation of these rules:
- Definitive exclusion from Parliament by that body (see Loss of mandate)
· Competent body to judge such cases/to impose penalties:
- The Standing Committee (Art. 37 (2) of the Standing Orders of the General Council)
· Procedure (Art. 37 (2 and 6) of the Standing Orders of the General Council).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 2 February 2012
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