Andorran Court Rejects Government Appeal, Annuls Protection Zones Near Historic Sites

Andorra's Superior Court of Justice has rejected the government's appeal and confirmed the annulment of a decree establishing protection zones around the Casa de la Vall and the Sant Esteve church in Andorra la Vella, due to flaws in the administrative file.

The court's Administrative Chamber upheld the first-instance ruling but offered distinct grounds. It found the government's file so incomplete and disordered that affected property owners could not reliably access all necessary documents during the objections period. Missing elements included the Culture Ministry's order to initiate proceedings, its directive to Andorra la Vella commune for owner notifications, and records of those communications. The electronic Avantius index supplied documents from item 28 onward, but earlier files were absent, and many lacked signatures, page numbers, or logical sequencing.

While endorsing the notification method—via BOPA publication, commune alerts, and owner input—the court rejected owners' arguments against delegating to the commune. Still, it concluded the process violated fair hearing rights, as the exact materials available for review remained unclear.

The government had requested a substantive review, contending no prior notice was needed for a pre-designated public interest site. The chamber refused, deferring issues like the proportionality of property restrictions to any future decree.

In response, the Culture Ministry has accepted the binding ruling and pledged to resume proceedings at the audience stage. It will re-notify owners, enabling fresh objections per the court's guidance. Officials stress the decision validates initial communications—overturned at first instance—and addresses only formal file shortcomings, without assessing technical criteria or merits.

Owners, who contested the zones over perceived excessive building limits, may challenge substantive elements again if refiled. The judgment takes immediate effect, with no costs awarded.