Andorra Lacks National Judge at ECHR for Key BPA Cases After Recusal

Andorra lacks a national judge at the European Court of Human Rights (ECHR) for two cases linked to the BPA banking intervention, after Canòlic Mingorance recused herself from both.

Mingorance, a former mayor and judge at the Tribunal de Corts, stepped aside from the proceedings involving a BPA client and an executive based in Mexico. The cases, which are nearly identical, have already passed the ECHR's initial admissibility filter. The claimants argue that the prolonged freezing of their accounts constitutes undue delay, inadequately addressed by Andorra's ordinary courts and Constitutional Court. They seek international recognition of flaws in the Principality's justice system.

The Strasbourg court has accepted the cases for review and posed questions to both parties to clarify key issues.

Mingorance's recusal became public recently following a request from the claimants' lawyers to challenge her involvement. They cited her prior role as lead investigator in the BPA criminal case, arguing it created too many connections to the matter. The ECHR dismissed the challenge as irrelevant, noting that Mingorance had already recused herself under article 28, paragraphs 2 and 3 of its rules. A general court instruction ensured her documents were not forwarded for consideration.

While the claimants view her absence as a safeguard against potential bias, it leaves Andorra at a disadvantage. The national judge does not vote on cases from their own country but provides essential advice to other judges on local laws and procedures—knowledge foreign judges lack. Sources suggest more BPA-related claims could follow, potentially repeating the issue.