Andorra Court Rejects Mayor's Challenge to Spanish Judge Appointment

The Superior Court of Andorra has unanimously rejected mayor Alexandra Terés's challenge to the appointment of Spanish judge Míriam de Rosa as a magistrate on the Tribunal de Corts, in a ruling issued last Friday that affirms the selection process.

The court's plenary, comprising judges from its three chambers, dismissed Terés's claim that Articles 66.2 and 66 ter of the Qualified Law on Justice violate the Constitution by discriminating against Andorran nationals. Terés, alongside de Rosa and Núria López from the Court of Auditors, had applied for the external magistrate vacancy. She argued the provisions clashed with Article 25, which guarantees Andorrans equal access to public offices, and reportedly had support from senior judges Alfons Alberca and Canòlic Mingorance.

The court found the law fully complies with the Constitution's Second Transitional Provision, which allows appointments of Spanish or French nationals to maintain balance until Andorra can fill positions internally, ensuring Andorrans form the majority and nationality prevails only in cases of equal merit. Terés did not qualify for the internal competition, won by Nàdia Alís months ago. The Superior Council of Justice announced de Rosa's selection at the end of August, prompting Terés's immediate challenge.

The ruling is final and enforceable. Terés has 15 working days to file an appeal with the Constitutional Court, alleging a breach of fundamental rights such as due process under Article 10. Without an appeal, the Council will advance de Rosa's contract once she obtains leave from her current position, completing the fifth Corts magistrate slot. An appeal would suspend her integration pending review.

The decision comes amid ongoing judicial challenges, including frequent reliance on mayors to form Corts panels due to retirements of magistrates Enric Anglada, Jacques Richiardi, and Concepció Barón, plus incompatibilities for former prosecutors now serving as judges. Sources report daily needs in January and about 10 in February so far, delaying cases. Justice Minister Ester Molné plans legislative reforms, including changes to the Code of Criminal Procedure for single-judge trials on minor offenses, to be tabled before summer for autumn approval. Council of Justice President Josep Maria Rossell has warned of potential collapse without action, though Molné acknowledges issues but rejects that assessment.