Andorra 1993 Constitution

TITLE III. THE COPRINCES

Article 43

1. In accordance with the institutional tradition of Andorra, the Coprinces are, jointly and indivisibly, the Cap de l’Estat, and they assume its highest representation.
2. The Coprinces, an institution which dates from the Pareatges and their historical evolution, are in their personal and exclusive right, the Bishop of Urgell and the President of the French Republic. Their powers are equal and derive from the present Constitution. Each of them swears or affirms to exercise their functions in accordance with the present Constitution.

Article 44

1. The Coprinces are the symbol and guarantee of the permanence and continuity of Andorra as well as of its independence and the maintenance of the spirit of parity in the traditional balanced relation with the neighbouring States. They proclaim the consent of the Andorran State to honour its international obligations in accordance with the Constitution.
2. The Coprinces arbitrate and moderate the functioning of the public authorities and of the institutions, and are regularly informed of the affairs of the State by their own initiative, or that of the Syndic General or the Head of Government.
3. Except for the cases provided for in this Constitution, the Coprinces are immune from suit. The acts of the Coprinces are under the responsibility of those who countersign them.

Article 45

1. The Coprinces, with the countersignature of the Head of Government, or when appropriate, of the Syndic General, as politically responsible:
   1. Call for general elections in accordance with the Constitution.
   2. Call for a referendum in accordance with articles 76 and 106 of the Constitution.
   3. Appoint the Head of Government following the procedure provided for in the Constitution.
   4. Sign the decree of dissolution of the General Council following the procedure of article 71 of the Constitution.
   5. Accredit diplomatic representatives of Andorra to foreign States. Foreign envoys present credentials to each of the two.
   6. Appoint the holders of office of the other institutions of the State in accordance with the Constitution and the laws.
   7. Sanction and enact the laws in accordance with article 63 of this Constitution.
   8. Express the consent of the State to honour its international treaties under the provisions of chapter III of TITLE IV of the Constitution.
   9. Perform such other functions as may specifically be conferred to them by the Constitution.
2. The dispositions provided for in letters g) and h) of this article shall be simultaneously brought to the attention of each Coprince, who shall sanction and enact them or express the consent of the State, as may fit the case, and the Coprinces shall ordain their publication within the period between the eighth and the fifteenth days thereafter.In that period the Coprinces, individually or jointly, may send a reasoned message to the Tribunal Constitucional, so that this institution may render judgment on their constitutionality. If the resolution is positive the act may be sanctioned with the signature of at least one of the Coprinces.
3. When there may be circumstances impairing one of the Coprinces from formalising the acts listed in part 1 of this article within the periods constitutionally provided for, his representative shall make it known to the Syndic General, or when appropriate, to the Head of Government. In that case, the acts, norms or decisions in question shall take effect once the aforementioned days have elapsed with the signature of the other Coprince and the countersignature of the Head of Government, or, when appropriate, the Syndic General.

Article 46

1. The Coprinces may perform the following acts of their free will:
   1. The combined exercise of the prerogative of grace.
   2. The creation and structuring of the services considered to be necessary for the performing of their institutional functions, the appointment of the holders of these services and their accreditation to all effects.
   3. The appointment of the members of the High Court of Justice, in accordance with article 89.2 of the Constitution.
   4. The appointment of the members of the Tribunal Constitucional, in accordance with article 96.1 of the Constitution.
   5. The requirement of a preliminary judgment of unconstitutionality of the laws.
   6. The requirement of a judgment about the unconstitutionality of international treaties, prior to their ratification.
   7. The lodging of conflict before the Tribunal Constitucional in relation to their constitutional functions, under the provisions of articles 98 and 103 of the Constitution.
   8. The granting of the agreement for the adoption of the text of an international treaty, in accordance with the provisions of article 66, before its parliamentary approval.
2. The acts derived from articles 45 and 46 are exercised by the Coprinces personally, except for the faculties provided for in letters e), f), g), and h) of this article, which may be performed by delegation.

Article 47

The General Budget of the Principality shall assign an equal amount to each Coprince, for the functioning of their services, which amount they may freely dispose of.

Article 48

Each Coprince appoints a personal representative in Andorra.

Article 49

In case of vacancy of one of the Coprinces the present Constitution recognises the validity of the mechanisms of substitution provided for in their respective legal systems, so as not to interrupt the normal functioning of the Andorran institutions.