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An end to government control over the right to appeal to the Constitutional Tribunal

Millan i Tornes v. Andorra  | 1999

An end to government control over the right to appeal to the Constitutional Tribunal

Background

Mr Millan wanted to lodge an appeal with the Andorran Constitutional Tribunal, claiming that his trial had been unfair. According to the law, he first had to get permission from the State Counsel’s Office. The State Counsel refused.   

Mr Millan complained that the decision of a government body meant that he was denied access to a court.  

Judgment of the European Court of Human Rights

Mr Millan and the Andorran government reached a friendly settlement after the European court agreed to look at the case. The government agreed that Mr Millan should be able to appeal to the Constitutional Court without first obtaining permission from the State Council.

Follow-up

In 1999 the law was changed, so that anyone who thinks their constitutional right to judicial protection has been infringed can appeal directly to the Constitutional Tribunal.