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

Andorra's Superior Court of Justice has dismissed the government's appeal and confirmed the annulment of a decree setting protection zones around the Casa de la Vall and Sant Esteve church in Andorra la Vella, citing flaws in the administrative process that prevented property owners from accessing full documentation.

The Administrative Chamber upheld the first-instance decision on distinct legal grounds, ruling that the file was incomplete, poorly paginated, and lacked proper ordering or all required communications. This undermined owners' rights to review materials effectively before submitting objections. Key absences included the Culture Ministry's initiation order, directives to Andorra la Vella commune for notifications, and earlier records, despite some files appearing in the Avantius system from item 28.

The court accepted the notification approach—through BOPA publication, commune notices, and owners' subsequent participation—but determined the file's shortcomings invalidated the hearing process. It rejected the government's push for substantive review, arguing no prior notice was required for sites of pre-declared public interest, and left proportionality issues for any new decree.

Culture Minister Mònica Bonell's team has accepted the final, enforceable judgment. It plans to restart at the audience stage: reorganizing the file as instructed, re-notifying owners, and allowing fresh objections. Officials emphasize the ruling validates the original notifications—previously overturned by the lower court—and focuses solely on formal file defects, without evaluating technical criteria or the decree's merits.

Property owners, who challenged the zones over tight building restrictions, can raise substantive issues in the renewed process. The decision takes immediate effect, with no costs imposed.