Andorran Court Dismisses Opposition Bid for Covid Loan Details

The Andorran Constitutional Court has dismissed a writ of amparo from opposition party Andorra Endavant, which sought details on companies receiving soft loans guaranteed by public funds during the Covid-19 pandemic.

The ruling, published Wednesday in the Official Bulletin of the Principality of Andorra (BOPA), deems the writ inadmissible. It explains that such actions under Article 94 of the Constitutional Court law apply solely to dispositions, resolutions, or acts by the General Council lacking legal rank that infringe protected rights. No such Council action occurred here: the General Syndic simply forwarded Andorra Endavant's request to the government and relayed its denial, based on reputational risks and data protection for legal entities.

The court highlighted the party's error in citing Article 95 rather than Article 94. It reviewed prior case law, including three instances involving alleged unconstitutional Syndicatura moves, and emphasized that judicial oversight of Council or Syndicatura choices remains exceptional. This respects the wide political discretion afforded to legislative bodies, with intervention reserved for clear errors or arbitrary logic.

Led by Carine Montaner, Andorra Endavant filed the writ on 29 January via its three general councillors and lawyer Alfons Clavera. They argued that citizens' right to information outweighs companies' reputational interests—which they said hold no constitutional weight—and that legal persons lack data protection entitlements. The writ also referenced the Finance Ministry's communication and hinted at political alignment across branches, but the court ruled these outside its purview.

The decision sidesteps the core transparency issue, as the challenge targets a government response rather than a Council act. Andorra Endavant must explore other routes, such as fresh judicial actions where courts could raise incidental constitutionality questions on pandemic loan regulations and their alignment with publicity and transparency principles.