Andorra's Constitutional Court Annuls Expulsion of Embezzlement-Convicted Accountant

**Andorra's Tribunal Constitucional Annuls Expulsion Order for Accountant Convicted of Embezzlement, Citing Lack of Proportionality**

Andorra's Tribunal Constitucional has annulled an expulsion order against Fernanda Desirée Galván, a 36-year-old resident convicted of embezzling 166,385.98 euros from her employer, and has ordered the Tribunal Superior's administrative chamber to issue a new ruling with proper justification.

The decision, dated 27 April 2026, finds that prior resolutions violated constitutional rights under Article 10, particularly the right to a properly motivated judicial decision. The court ruled that the administrative chamber failed to adequately explain the proportionality between the patrimonial crimes and the expulsion measure, including why they posed a threat to state security, public order, or safety.

Galván, who has lived in Andorra for 17 years, was detained in May 2024 after her employer—a well-known business group—reported irregularities. She admitted to manipulating accounts and making disguised transfers over a year, mainly to fund bingo gambling. Facing clear evidence, she accepted a penalty through a conformity agreement validated by an ordenança penal, serving nearly a year in prison, including semi-liberty, into 2025. Prosecutors did not seek expulsion during the criminal process.

However, on 31 October 2024, Interior and Justice Minister Ester Molné issued a 10-year expulsion order, ratified by the government in February 2025. The Batllia partially upheld Galván's challenge, reducing it to four years. Both she and the executive appealed, but the Tribunal Superior confirmed the reduction. Galván then filed a constitutional appeal, arguing the measure ignored her deep roots in Andorra—family ties, continuous employment (including a job secured before fully completing her sentence), academic studies, sociocultural integration and ongoing civil liability repayments.

The Constitucional stressed that amparo reviews focus on constitutional compliance, not re-examining facts. It criticized the lack of logical reasoning on how the offences, committed via gambling abroad or online, warranted overriding her established residency and reintegration efforts. Citing European Court of Human Rights doctrine, it emphasized individualized proportionality assessments, especially for family impacts.

No procedural costs were imposed, and the ruling will appear in the Butlletí Oficial del Principat d'Andorra. The case returns to the administrative chamber for reconsideration, leaving open whether expulsion will ultimately proceed.