The Principality of Andorra deposited its instrument of accession to the Service Convention and Evidence Convention. Andorra is now the 72nd Contracting State to the Service Convention and the 61st Contracting State to the Evidence Convention.
Andorra’s Central Authority plays a pivotal role in enabling cross-border legal proceedings and international legal cooperation. The Central Authority of the principality of Andorra is responsible for enforcing the country’s adherence to international treaties and accords, notably those pertaining to mutual legal aid, service of process, and the enforcement of foreign judgments.
When dealing with foreign service of process in Andorra, it is best to use a private process service like Undisputed Legal to ensure the highest levels of speed, accuracy, and dependability. When dealing with legal situations that span international borders, our understanding of international law, familiarity with the area, and ability to overcome linguistic and cultural barriers are invaluable assets. We guarantee that the papers are served in accordance with the law, which is crucial to the smooth running of international legal procedures as a whole. Click here for a video on International Process Service
Who is the Highest Authority in Andorra
The General Council is Andorra’s parliament. The co-princes can dissolve the council and initiate new elections in response to the dissatisfaction of the head of state. Councilors can remove the head of government from office. The judiciary in Andorra consists of four main courts [A.] the Magistrates Court, [B.] the Criminal Law Court, [C.] the High Court of Andorra, and [D.] the Constitutional Court. The High Court appoints magistrates, justices, and the head of the Criminal Law Court. The High Court appoints members of the Office of the Attorney General. The Constitutional Court interprets the Constitution and reviews challenges to legislation and treaties for unconstitutionality. The co-princes and the General Council each appoint judges, with one appointed by each co-prince and the other appointed by the General Council. The terms are eight years. Each justice presides over the Court on a two-year cycle, ensuring that every judge has the opportunity to preside at some point.
So, what is The Central Authority of Andorra?
Article 18(1) allows a Contracting State to designate additional authorities alongside the Central Authority. Article 18(3) also permits a State to designate multiple Central Authorities. The Ministry of Social Affairs, Justice and Interior of Andorra oversees social care, protection, employment, and work. The Ministry’s objectives include ensuring internal security, protecting citizens and their assets, regulating migration and integration policies for social cohesion, combating crime, promoting international collaboration in judicial and police matters, and safeguarding the population from natural risks and disasters.
The Central Authority of the requested State should receive the service request. The Andorran Central Authority’s principal role is to act as a conduit for communication between the government of Andorra and other countries and organizations. This is especially significant when serving legal papers, gathering evidence, or executing foreign judgments is governed by an international treaty or convention, such as the Hague Service Convention or the Hague Evidence Convention. The Central Authority takes in requests from other jurisdictions and coordinates responses to ensure they are carried out in accordance with Andorran legislation and international agreements.
Diplomatic representatives, consular agents, or commissioners are required to comply with local law unless it contradicts the law of the Contracting Party where the evidence was obtained or conflicts with the authorization given by the government of that country (Article 21). The U.S. Consulate General Barcelona covers Catalonia, Aragon, and the Principality of Andorra. The consulate was established in 1797, making it one of the oldest in the U.S..
The Convention outlines the channels of transmission for sending a judicial or extrajudicial document from one State Party to another State Party for service. The Convention focuses on transmitting documents between states, but it does not cover rules about serving legal documents. The Convention provides two channels for transmission, which involve serving the ultimate addressee being [A.] the direct diplomatic or consular channels and [B.] the postal channel. Understanding the local legal system, norms, and processes is essential for serving legal papers in Andorra. Our Undisputed Legal process servers in Andorra have expert knowledge of local laws and regulations and always serve papers in line with the law. Their familiarity with the area is crucial for handling any complications that may emerge.
When does the Convention apply?
To apply the Convention, the document needs to be sent from one State Party to the Convention to another State Party for service. The law of the State of origin determines if a document needs to be sent abroad for service in another State. The Convention is nonmandatory. An address for the person to be served is required unless it is unknown.
The document to be served must be either judicial or extrajudicial. It pertains to a civil and/or commercial matter. The Convention requires the use of transmission channels if certain requirements are met. These channels are exclusive, except in the case of a derogatory channel. The Convention requires that the forwarding authority be an authority or judicial officer from the requesting State. State law determines the competent authorities or judicial officers responsible for forwarding service requests. In some countries, authorized legal professionals can send this type of request. Private individuals cannot directly request services from the Central Authority of the requested State under the Convention. However, our Undisputed Legal local process servers can be of significant help in these circumstances.
Declarations and Reservations
The Andorran Government requires that service requests, as defined in Article 5(3), be sent through the Central Authority and include both the original documents and a translation in Catalan. According to the Convention, if the document is sent directly to the interested party, it can be in any language the party understands. The party has the right to accept or refuse the document.
Andorra opposes the direct service of documents on non-nationals by diplomatic or consular agents of the Contracting States, as stated in Article 8. Andorra declares that the judge can give judgment without a certificate of service or delivery if all requirements of Article 15(2) are met. However, it is important to understand the default judgment afforded by Article 15. Article 15 of the Convention outlines the elements required to obtain a default judgment. If a writ of summons or similar document needs to be sent abroad for service, according to the current Convention, judgment cannot be given until it is confirmed that the defendant has not appeared. Notice of a judicial proceeding establishes personal jurisdiction in the US and other countries. Article 15 states that a court must pause its proceedings until a defendant outside the country has been served according to the Convention. This provision is generally accepted and not controversial. International document services may encounter language and cultural obstacles. Our Undisputed Legal process servers in Andorra have language skills and cultural awareness for effective communication with recipients. This proficiency reduces misunderstandings and ensures full comprehension of legal documents.
How is a summons served in Andorra
The procedural system in the Code of Civil Procedure is structured around the ordinary or standard procedure to resolve any dispute. The structure of the ordinary procedure specifies that the demand and the answer are always formulated in writing. Once the claim has been accepted, the defendant must be notified ex officio. The parties must assert in the written demand and answer all the allegations and grounds of de facto or de jure and accompany them with all the documents and expert opinions through which they intend to support their claims. The defendant can counterclaim as long as the counterclaim is formulated expressly and there is a connection with the object of the process delimited by the claim. The counterclaim is resolved in the judgment.
The procedural acts of communication can be [A.] notifications when their purpose is to communicate a resolution or a judicial action; [B.] locations, when they provide for personation and performance within a deadline; [C.] summons, when they determine the place, date and time to appear and act; [D.] requirements, when they establish an obligation to do or not to do and [C.] offices, for communication with people and public and private entities. Procedural acts and, specifically, procedural resolutions are notified to all parties. The resolutions of the court and the court clerk need to be notified within five working days.
The communication between the court or the court clerk and the partiest appeared in the process is carried out through the personal delivery to these parties of the certificate of location or summons, accompanied, if applicable, by a who have not ye copy of the resolution notified to them. This certificate must be indicated by the court or the court clerk who issues it, the process involved, the identity of the person to whom the location or summons is served, the object of the location or summons, and the term for personalization and the performance or the place, day and time when the person must appear.
The first location or the first summons of the parties is made personally and at their personal address. The address is stated in the demand or the letter initiating the process. If the party is found at their address, they are given the certificate of location or summons, which they must sign together with the nuncio, the lawyer, or the procurator. If the party is not found at their address, the certificate of location or summons can be delivered to any family member or person with whom they live, as long as they are over sixteen years old, or to any of their employees who work at the professional address, and they are warned of the obligation to deliver the card to the addressee or to know its contents if they know its whereabouts.
In case the recipient or the person who is given the certificate refuses to sign it, this circumstance and the location or summons are recorded are understood to have been duly communicated, unless the person delivering the location certificate or summons is the lawyer or the solicitor of the requesting party, and it must also contain the signature of a witness who attests the refusal of the person located or cited. Public documents are presented in the process by means of a simple copy, either on paper or in electronic form, and with the recognized electronic signature. In the event of a challenge to the authenticity of public documents, the original, the copy, or the certificate with the necessary requirements so that they have evidentiary effects.
Are United States documents valid in Andorra?
To use an Andorran document in the United States, it needs to be legalized with an apostille by the Andorran Ministry of Foreign Affairs. This simplified form of legalization enables document usage in the US. To use a United States document in Andorra, one needs to follow the process of legalizing said documents for international use. While this may seem daunting, Undisputed Legal ensures that your documents adhere to local and international standards.
Catalan documents require translation for use. Consequently, it is imperative that the document be both original and comprehensive. It is preferable to include any referenced documents or annexes. Translation of a document in Catalan requires a sworn translator. Thereinafter, the document can be legalized, including the translation, if necessary, with an apostille. The Andorran Ministry of Foreign Affairs issues apostilles. It is effective to take the help of a private process service agency like Undisputed Legal in order to understand the significance and procedure for said legalization of documents.
Legalization does not guarantee document authenticity or content truthfulness. The legalization of a document confirms that it has been properly signed. Organizations have varying requirements for the currency and authentication of documents. Legal papers must be translated into the official language of the nation of service. The U.S. State Department recommends translating papers only for the formal process service method. A demurrer may be filed in rare cases when the defendant cannot understand papers that have not been translated.
One Contracting Party’s judicial authority can ask another Contracting Party to collect evidence or perform any other judicial action by submitting a Letter of Request to the Central Authority of the other Contracting Party. The request must be relevant to the material used in current or future court proceedings (Art. 1). The executing legal authority must apply its own legislation to the techniques and processes outlined in the Letter of Request, including the use of force if necessary. The asking authority may require a specific technique or approach (Art. 9).
Documentation and proof of service are crucial for validating service in international legal proceedings. At Undisputed Legal, we maintain detailed and legally valid service records, ensuring a strong and defensible record that can withstand court scrutiny. Using a professional private process server like those at Undisputed Legal reduces risks related to improper service or non-compliance with international standards. Their expertise ensures legal compliance, minimizing the risk of service-related legal disputes or challenges.
Documents can be faxed at (800)-296-0115, emailed to firstname.lastname@example.org, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents. Click Here for Frequently Asked Questions About Process Servers!
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1. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
2. The Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters.
3. A censure resolution requires support from at least one-fifth of the councilors. If the resolution receives a majority vote, the head of government is removed.
4. The High Court of Justice consists of five justices: one nominated by the head of government, one each by the co-princes, one by the Syndic General, and one by the judges and magistrates. The Syndic General appoints a ruler and judges serve six-year terms.
5. Ministry of Social Affairs, Justice and Interior
Department of Justice and Interior
Edifici Administratiu de l’Obac
Ctra de l’Obac, s/n
6. The French text of the Convention uses the terms ‘signifié ou notifié’ to refer to ‘service’ (Art. 1(1))
7. The Convention requires an additional step to serve process on the ultimate addressee for channels of transmission not governed by the Convention. This step usually involves the Central Authority of the requested State or a judicial officer, official, or competent person or authority of the State of destination. The Convention includes two significant provisions that protect the defendant before and after a default judgment (Art. 15 and Art. 16).
8. According to Article 16, paragraph 3, the Principality of Andorra will not consider relief applications filed more than one year after the judgment date.
9. Article 15 applies only to the initial service of process that started the legal proceeding. Using Article 15’s first paragraph to halt an international proceeding without objecting to the outlined service is inherently flawed. Article 15 applies only to the initial service of process in a proceeding. Using Article 15’s first paragraph to halt an international proceeding without objecting to the outlined service is fundamentally flawed.
10. Llei 24/2018, del 18 d’octubre, del Codi de procediment civil
11. There is no replica, no rejoinder, and only the possibility of expanding the claim before the defendant’s answer is accepted, which must be presented within twenty working days following the day the claim is forwarded.
12. Article 22. Classes of procedural acts of communication.
13. Article 24. Execution and direction of procedural acts of communication
1. The procedural acts of communication are executed by the corresponding nuncio under the direction of the judicial secretary. The nuncios are functionally dependent on the judicial secretary for the purpose of carrying out any procedural act of communication.
2. The execution of the procedural acts of communication can also be carried out by the attorney, the lawyer, or the attorney as representatives of the party requesting the communication at the expense of that party. The lawyer or attorney who executes any procedural act of communication is responsible for verifying the identity and other circumstances of the addressee of the act and must ensure that in the copy of the act record the signature of the addressee and the date on which the communication was made.
14. The following documents must be submitted with the request:
- Documents that substantiate the title under which pensions are requested when these pensions are the subject of the demand.
- The documents that constitute a principle of proof of the title on which the demands of withdrawal and, when the applicable laws or a contract require the deposit of the price of the thing that is the object of the withdrawal, the document certifying that this price has been deposited, if it is known, or that the deposit has been established that guarantees the consignment when it is not known.
- The other documents that this Law or the other applicable laws expressly require that they must be present in order to admit the demand