Law:58RZ16 Ün legeu per regular els Prüms Diktats - The This is Not a PD Act
 EPHEMERAL STATUS |
LEGEU |
It amends the following: |
Ziu 58th Clark 3rd (May 2023/XLIV)
Uréu q'estadra så: Üc R. Tärfă |
 Cosă: PASSED |
| Per 130 — Con 23 — Aus 40 |
 Senäts: PASSED |
| Per 8 — Con 0 — Aus 0 |
L'Anuntziă dels Legeux |
View Clark Result |
WHEREAS Article VI Section 4 of the Legeu Orgänic[1] states that
Prime Dictates (PDs) are public declarations which affect government policy and have the force of law. They take effect upon their countersignature by the King and function as laws for all purposes, with such exceptions and subject to such conditions as the Ziu may enact by statute. Prime Dictates are exempt from all provisions relating unto legislative proposals, but may never be used to amend this Organic Law.
WHEREAS Lexh.D.2.1.2 states that
2.1.1. The Ziu strongly urges the current and future Prime Ministers of Talossa to use the power of the Prime Dictate with caution and respect, limiting its usage to memorials, congratulatory notices, internal Government organization, executive policy clarification, and other appropriate and limited governmental matters, and leave legislation solely for democratic consideration by the whole Ziu.
WHEREAS the combination of these two legal provisions makes the King's countersignature necessary to be enforceable for all types of PDs including those listed and merely organisational ones;
WHEREAS PDs have been used for various purposes, e.g. in the Observance Day declarations, without the King's countersignature and in the absence of a specific exclusion of countersignature, their organicity for Org.VI.4 might be doubtful;
WHEREAS the law already gives the Seneschal authority to act alone without the King's countersignature and those acts shall note take the form of a Prime Dictate;
WHEREAS it is convenient that there should be defined by statute a decree for those actions the Seneschal is authorised to act alone and those pertaining to the day-by-day management of the government function;
WHEREAS using the same abbreviation PD for both keeps the system simple and allows an easy record of them under PD like RZ is used for every act of the Ziu;
WHEREAS in the 1988 Constituziun the name "Prime Directive" was used until 1989 for Prime Dictates, and using that name is an hommage to the long history of our nation;
BE IT ENACTED by Regeu, Cosă and Senäts in Ziu assembled that Lexh.D.2.1 and D.2.1.1 which currently read
2.1. The Seneschal, heading the Prüma Ministrà (Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal (Prime Minister), serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself.
2.1.1. The Ziu strongly urges the current and future Prime Ministers of Talossa to use the power of the Prime Dictate with caution and respect, limiting its usage to memorials, congratulatory notices, internal Government organization, executive policy clarification, and other appropriate and limited governmental matters, and leave legislation solely for democratic consideration by the whole Ziu.
shall be amended to read as follows:
2.1. The Seneschal (in english, Prime Minister), heading the Prüma Ministrà (in english, Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal, serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself.
- 2.1.1. All acts, decisions and policy statements by the Seneschal shall be issued by executive orders, collectively known as Prüms Dideux (in english, Prime Deeds). These can be of two kinds:
- 2.1.1.1. A Prüm Diktat (in english, Prime Dictate), as provided by Article VI Section 4 of the Legeu Orgänic, requires the King's countersignature to become enforceable and has the force of law. It's used:
- 2.1.1.1.1. to enact or amend statutes;
- 2.1.1.1.2. to authorise emergency spending, as provided in D.2.8.6;
- 2.1.1.1.3. to remove the Clerk of the Court, as provided in G.4.9;
- 2.1.1.1.4. in all situations where the Legeu Orgänic or Lexhatx explicitly require for it or for the King's countersignature.
- 2.1.1.2. A Prüm Dirixhaziun (in english, Prime Directive) doesn't met the conditions of Org.VI.4. It's used:
- 2.1.1.2.1. to declare a month of recess, as provided by Article VI Section 8 of the Legeu Orgänic;
- 2.1.1.2.2. to issue memorials, congratulatory notices, internal Government organisation decisions and policy statements, executive policy clarifications, and other appropriate and limited governmental matters;
- 2.1.1.2.3. in all situations where the law provides for the Seneschal to act alone without the King's assent.
- 2.1.1.3. The Seneschal shall use Prüms Diktats with caution and respect and leave legislation solely for democratic consideration by the whole Ziu except when is deemed necessary an urgent action.
FURTHERMORE throught all Lexhatx the words
- "Prime Dictate" are amended to read "Prüm Diktat" (except in the amended section D.2.1.1. as provided in the previous section),
- "Prime Minister" are amended to read "Seneschal" (except in the amended section D.2.1. as provided in the previous section),
- "Seneschál" is amended to read "Seneschal" (except in the talossan text of the Oath in Lexh.H.1.2).
Uréu q'estadra så: Üc R. Tärfâ - (MC-FREEDEM)
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