Andorra Court Voids 2023 Civil Service Reclassifications Over Procedural Flaws

Andorra's Batllia court has ruled the government's 2023 reclassification of civil service job positions null and void, citing procedural failures.

The decisions, issued by the administrative section of the Batllia in recent weeks, stem from lawsuits filed by at least five public employees. These workers challenged why colleagues performing identical roles received upgrades while they did not. The rulings annul the reclassifications for the complainants and deem the administration's justifications irregular and unlawful.

The process, conducted by the Ministry of Public Function around the time of general elections late last year, relied on an evaluation by PriceWaterhouseCoopers (PwC), selected through a public tender. However, the court found this insufficient. Judges emphasized that reclassifications require a specific regulation—a "job positions descriptive manual"—that has never existed, as mandated by the Public Function law. The evaluation's criteria also lacked transparency and failed to meet legal standards.

Public Function admitted in late-2023 resolutions that it could not justify the discrepancies but offered no remedies. The Batllia judgments, which sources describe as unequivocal, require the ministry to reverse the changes entirely and restart the process correctly. This involves convening the Technical Committee on Organization and Management—comprising directors, ministry technicians, and representatives from the most representative union—which was never called. The committee must advise on job valuations and levels, with full voting rights for all members.

Only then can the descriptive manual be developed and approved by regulation, followed by a formal reclassification regulation. The government has not appealed any rulings, and legal observers expect the Higher Tribunal to uphold them, setting precedent.

Public Function has not indicated next steps, but the judgments imply the entire 2023 reclassification is flawed, creating significant administrative challenges ahead.