Administration Code (1989) (excerpts)

The Administration Code of Andorra, of 29 March 1989,  Chapter III (excerpts)

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Article 42

1. Members of the public will have the right to demand knowledge of administrative documents,
save for the exceptions established, for the benefit of both the Authorities and the general public,
by sections 2, 3 and 4 if this article.
The information will take place, according to cases, either by free enquiry to the offices of the
Authorities, or through the issue of copies at the expense of the applicant.
Any fraudulent use of the information thus obtained will be subject to criminal proceedings.
Members of the public who believe themselves to have been refused information can appeal
directly to the administrative and taxation jurisdiction.
2. The Authorities can refuse to allow consultation of documents covered by secrecy established
by law.
3. Nominative information contained in administrative documents can only be communicated to
persons who are holders of a subjective right or have a personal and direct legitimate interest in the
issue.
Information which allows the identification of the persons to whom it refers in whatever form,
whether direct or not, will be considered nominative.
4. Documents containing personal data of a police, procedural or clinical nature or any other,
which could affect the safety of people, their reputation, the privacy of their private and family
life, or their personal image, can only be communicated with the express consent of those affected,
or when fifty years have passed since their death, or by court order.

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Article 66

Officials shall observe at all times a conduct of perfect dignity, shall respect the duty of discretion
and reticence with respect to the issues of which they are aware by reason of their functions and
shall devote to the service the best of their professional abilities and working capacity. The
officials can be bound to professional secrecy by reason of their function.

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Article 70
Officials will answer, in the civil and criminal courts and through disciplinary measures, for failures in
their duties and for damage caused to the service or the general public.

Article 71
Officials will answer to the Authorities for the loss and damages which they may cause to the assets
and services in their charge. These cases will be settled in the administrative route.
The official may appeal before the administrative and prosecuting jurisdiction against the decisions
made against him.

Article 72
Disciplinary faults fall into three categories: slight, serious and very serious.
1. Slight faults will be sanctioned directly by the immediate superior, after hearing the official,
previously informed of the facts imputed to him. The sanction will be documented in a report drawn up
by the superior, a copy of which will be given to the interested party.

Article 73
The terms of prescription are two months for slight faults, one year for serious faults and two years
for very serious faults. These terms are computed from the time when the fault has become known to
the official or authority vested with the power of sanction.

Article 74
The disciplinary liability is independent of the civil or penal liability which could correspond to the
same facts.

Article 75
All questions which may arise between officials and the public body on which they depend, whether
the General Council, the Executive Council, the Communes, para-public entities or others, may be
appealed against before the administrative and prosecuting jurisdiction”.