Andorra Constitutional Court Reviews Compulsory Arbitration in Bus Drivers Dispute

The Constitutional Court has admitted for review a question of constitutionality raised by the Civil Chamber of the Superior Court of Justice in connection with an arbitral award stemming from a dispute over bus drivers' working hours at Coopalsa.

The case originated from a collective conflict between Coopalsa drivers and the company's management. An arbitration process, mandated by Andorra's law on collective disputes, resulted in a binding award that set the drivers' schedules. Coopalsa has since questioned the legality of this framework, arguing it forces parties into arbitration regardless of their consent.

The Superior Court referred the matter to the Constitutional Court, expressing doubts about whether the law unconstitutionally sidelines public judicial oversight. Under the legislation, collective disputes must go through compulsory arbitration—a process typically voluntary—bypassing ordinary courts entirely. Moreover, the resulting award cannot be appealed, effectively excluding public justice from resolving such conflicts.

The Constitutional Court's decision to admit the question has been notified to all parties, including the General Syndicature (representing the General Council), the public prosecutor's office, the referring chamber, and representatives of both Coopalsa and the workers. For now, the arbitral award remains in effect.

This referral is unusual, as lower courts rarely escalate constitutional doubts, making the case particularly significant. The high court will now examine whether specific articles—or potentially the entire law on collective disputes—violate the constitution. A ruling declaring the law unconstitutional could invalidate the arbitration agreement and its imposed schedules.

All involved parties are closely monitoring developments as they await the final decision.