Andorra Bar Dean Calls for Merit-Based Judicial Appointments Over Nationality

Margarida Marticella, the new dean of the Andorra Bar Association, has called for judicial appointments to prioritise professional merit over Andorran nationality, warning that nationality-based preferences could undermine the system's quality.

In an interview on Diari TV's *Parlem-ne* programme yesterday, Marticella argued that while Andorranisation has merits, it should only apply in cases of equal qualifications. "If someone from outside has a better CV or more expertise, they should get the position," she said, adding that advancing candidates based on their passport alone is not the way to ensure fair justice.

She linked the debate to ongoing challenges in forming court panels, particularly when judges have prior experience in the prosecution service. This can lead to conflicts of interest or "contamination" in cases, requiring workarounds to maintain tribunal independence.

Marticella also highlighted a severe backlog in the justice system, especially criminal proceedings that can drag on for up to ten years. She described the situation as "unsustainable" for citizens, who face prolonged uncertainty. "A person cannot remain under investigation for ten years without progress," she stated, emphasising the legal insecurity this creates.

The Bar Association has proposed reforms to the criminal procedure code, including a two-year limit on the investigation phase—aligned with practices in neighbouring countries—to prevent decade-long delays. Other suggestions include expanding plea agreements for lesser offences to ease court congestion. She noted a rise in judge recusals, which are now commonplace and warrant analysis by the association's new board to identify causes and solutions.

Turning to pro bono work, Marticella raised concerns over inadequate pay for duty lawyers, particularly those handling guards. Lawyers often endure long shifts for insufficient compensation, she said. In civil cases, with around 1,050 assignments in 2025, the average payout per case stood at about €165, while family proceedings yield around €470—far below the €700 benchmark the association advocates. The group has lodged complaints with authorities and seeks negotiations for improvements to avert shortages.

Marticella, recently elected amid a second candidacy reflecting diverse views within the profession, stressed unity to deliver swift justice and effective citizen representation.