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Andorra Court Upholds 1974 Parish Boundary Agreement

Superior Court dismisses Ordino's bid to redraw borders with La Massana, ruling civil courts lack jurisdiction over unchallenged administrative pact.

Synthesized from:
Altaveu

Key Points

  • Superior Court dismissed Ordino's civil claim to alter Santa Caterina and Gonarda boundaries.
  • 1974 pact, signed consensually, remains binding until annulled administratively.
  • Civil courts lack jurisdiction over parish limits set by public entities.
  • Ruling laments resource drain but upholds existing agreement.

Andorra's Superior Court has dismissed Ordino parish's latest bid to redraw its territorial boundaries with La Massana, upholding a 1974 agreement that set limits in the Santa Caterina and Gonarda areas.

The ruling, which followed an initial rejection by the Batllia court, reinforces the validity of the 1974 pact signed consensually by both parishes. Ordino, led by Mayor Mar Coma, argued the document contained errors and omissions that disadvantaged it, and sought civil court intervention to amend the boundaries.

Judges ruled that civil courts lack jurisdiction to alter parish limits established by an unchallenged administrative act. "In this civil route, the action to delimit parish territories cannot succeed because they stem from a consensual administrative act between two public bodies that has not been challenged or invalidated by administrative jurisdiction due to alleged errors or omissions, nor replaced by any subsequent administrative act," the sentence stated.

The Superior Court echoed the lower court's view, noting the 1974 agreement—dated July 17—remains binding until formally annulled or superseded. It cited prior jurisprudence on similar "Rodalia" boundary pacts between the parishes, all deemed fully valid.

While acknowledging the court's competence to hear property delimitation claims, the judges emphasized that Ordino failed to provide overriding title evidence. The parishes are not private landowners but public entities bound by their own pact, they added.

The decision laments the ongoing dispute's drain on public resources but insists on adherence to the existing agreement absent administrative changes or mutual consensus. "Until that act is replaced or declared null in the appropriate administrative process, or a consensual formula is found between the parishes, we must abide by the only consented and firm administrative act available," the resolution concluded.

Ordino's appeal was thus rejected, leaving the 1974 boundaries intact.

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Original Sources

This article was aggregated from the following Catalan-language sources: