The Government has approved today, at the proposal of the Minister of Social Affairs, Justice and Home Affairs, Xavier Espot, the criterion of proposed law of the person and family, presented by the democratic parliamentary group.
The Government’s opinion expresses that the proposal of the law responds very satisfactorily to the need to regulate in a uniform way the right of the person and the family. This text aims to order all family institutions and complete and harmonize Andorran rules that affect the right of the person and family, which are currently dispersed throughout a significant number of laws.
In addition, the bill introduces a series of modifications that allow the adaptation of this legislation to the current social reality of the country, and among others, incorporates the criteria established in the United Nations Convention relating to the rights of persons with disabilities
The Government’s criterion emphasizes, in relation to the chapter devoted to the natural person, the innovation that introduces the proposal of law regarding the obligation to inform and hear the minor before making any decision that may affect it. This measure is in line with the provisions of the Law on the Rights of Children and Adolescents, also approved in the Council of Ministers today, which gives greater prominence and greater protection for minors.
As regards the regulation of family law, the text introduces an innovation in the field of the marriage crisis and regulates the causes of separation and divorce of spouses more generically, and it is expected that separation may be requested or divorce unilaterally and without having passed through a judicial process of separation beforehand. In addition, the text equals the denomination of the dependents of a marriage and a civil union as spouses, whereas the expression “cohabiting” refers only to the stable union of a couple.
Likewise, the Government’s criterion considers that the incorporation of international law norms that provides for the proposed law in order to provide greater legal certainty is absolutely necessary, bearing in mind that an important part of the population is formed by people who do not have Andorran nationality.
Finally, the Government’s opinion suggests that some provisions of the Bill should be revised to adapt them to the content of the Bill of the Code of civil procedure, which is under parliamentary procedure.