Interpretation of Statutes at Andorra
Here is a detailed overview of the Interpretation of Statutes in Andorra, outlining how legal texts are understood and applied in the country’s legal system:
⚖️ Legal System of Andorra
Andorra has a civil law system, heavily influenced by French and Spanish legal traditions, due to its historical and geographical context.
Laws are codified, and judicial interpretation generally follows principles typical of civil law jurisdictions: emphasis on written statutes over case law, although judicial decisions may have persuasive value.
📘 Principles of Statutory Interpretation in Andorra
Literal Interpretation (Interpretació Literal)
Courts begin with the plain, ordinary meaning of the words used in the statute.
If the text is clear and unambiguous, no further interpretation is usually applied.
Systematic Interpretation (Interpretació Sistemàtica)
Statutes are interpreted in the context of the legal system as a whole, considering how provisions relate to one another within the same code or across other relevant legal texts.
Teleological Interpretation (Interpretació Finalista o Teleològica)
Courts consider the purpose and objective of the law — particularly important when dealing with ambiguous or outdated legal language.
The spirit of the law (espírit de la llei) can influence interpretation to fulfill legislative intent.
Historical Interpretation
Includes consideration of legislative history, preparatory works (travaux préparatoires), and the socio-legal context in which the law was enacted.
Analogical Interpretation
If a statute is silent on a particular issue, analogous legal provisions may be applied to fill in the gap, respecting coherence with the legal system.
🏛️ Judicial Practice and Authorities
Interpretation is performed primarily by judges in the Batllia (Trial Court) and the Tribunal Superior de Justícia (Supreme Court).
The Constitutional Tribunal of Andorra ensures that interpretations are consistent with the 1993 Constitution, particularly in relation to fundamental rights and freedoms.
📚 Sources of Law and Interpretation
Constitution of Andorra (1993) – supreme legal authority.
Civil Code, Criminal Code, and other statutory codes.
International Treaties – Andorra gives effect to ratified treaties, particularly in human rights and European standards.
Legal commentaries and doctrinal writings also support judicial reasoning, though not binding.
🌐 Language and Legal Interpretation
Andorran statutes are written in Catalan, the official language.
Legal interpretation places significant importance on the linguistic precision of Catalan legal terminology.
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