Andorra Joins Anti-Corruption Mérida Convention, Needs Independent Agency

Andorra must establish an independent body to prevent and combat corruption following its adhesion to the United Nations Convention against Corruption, known as the Mérida Convention.

The principality has formally adhered to the 2003 treaty, one of the world's most widely ratified international agreements with 192 state parties. Officials from the Foreign Affairs Ministry note that previous assessments identified significant legislative hurdles, but recent normative advances now make compliance feasible. Adhesion still requires parliamentary approval and several legal adjustments.

A key requirement under Article 6 obliges Andorra to create a dedicated anti-corruption agency. The existing Prevention and Fight against Corruption Unit, set up in 2008 and housed within the government, falls short. It lacks authority to receive or investigate complaints, process mutual legal assistance requests, or maintain full independence. The Justice and Interior Ministry's accompanying report recommends either legislative changes to form a new independent entity with adequate funding and staffing, or expanding the current unit's remit and resources.

The convention also mandates cooperation on asset recovery under Article 51, marking a shift from past practices. Previously, Andorra retained confiscated proceeds from corruption and money laundering cases, absent bilateral deals. Now, states must return such assets—at least partially—to the country of origin upon request. The government is addressing this through upcoming Penal Code reforms, allowing up to 50% of recovered funds to transfer to the requesting state. Without prior updates, judges could lack the legal basis to handle foreign claims, the report warns.

Further obligations include criminalising private-sector corruption, stiffening penalties for offences like obstruction of justice, and prosecuting Andorran nationals sought abroad for corruption crimes if extradition is refused. The treaty also calls for whistleblower protections via specific legislation. Police currently have no internal affairs unit to probe corruption within their ranks.

These changes align with ongoing Penal Code revisions, though full implementation remains pending ratification. Non-parties include Monaco, Eritrea, and North Korea.