Holy Empire of Réunion
Updated
24th of November, 2006
The Sacred Constitution of the Holy Empire of Reunion is originally written in
the Portuguese language. However, His Majesty's government felt that it was
indeed necessary to have an English version of it, so that it could be read -
and respected - by Reunian anglophone
citizens. Also, many micronationalists have
asked questions about our Magna Carta. That is
why the Imperial Government decided to proceed with a translation - into the
English Language - of the Constitution.
This
translation below is an official document of the Holy Empire, serving as
a source of information to those who study Reunian
Laws and Institutions.
PREAMBLE
We, Emperor
Cláudio I, on the twenty-eighth day of the month August
in the year one thousand nine hundred and ninety-seven, hereby announce that it
is Our Will and Pleasure to decree, on behalf of our Almighty God and the
people of this Holy Empire, the following:
WHEREAS the filthy tyranny to which the
good people of this island has been subject;
WHEREAS the Special Purpose Treaty is
opportunistic and confiscatory, and that the rules stated therein subvert the Reunian order, relegating the people of this Empire to a
condition of inferiority and dependence to the filthiness, stupidity and
foolishness of Von Alles;
WHEREAS this Emperor and his subjects shall
govern themselves by their own means, by not subjecting to the laws of a former
metropolis, whose court is wasteful and weak;
WHEREAS the existence of a government with
no Constitution is currently unfeasible, and that the absence thereof is
equivalent to the absence of any popular and social rights;
WE
DECIDE:
In view of
the authority conferred to Us by God and Article 4 of
the Special Purpose Treaty, we hereby enact this
Holy Imperial Constitution, by solemnly taking an oath to comply herewith, cause
it to be complied with and respect it, so help us God.
We, Cláudio the First, hereby grant, on the 28th day
of the month August, Anno Domini
one thousand nine hundred and ninety-seven, year one of the Empire, our CUMPRA-SE
to Project 004, hereinafter known as the Holy Imperial Constitution of the Holy
Empire of Reunion.
We hereby
command to the Distinguished Imperial Council of State, an entity which is
finally separated and free from tyrannical interventions, the compliance with
this Holy Constitution. May
it be published in the Imperial Gazette of the Reunian
News Agency.
CUMPRA-SE
Title I On the Basic Principles Governing
the Empire
Article 1 The
Holy Empire of Reunion, formed by the indissoluble and eternal union of its Hereditary
Captaincies, Protectorates,
I - Sovereignty,
and it is not admitted to make any link whatsoever with any other nation,
whether as union or federation, in opposition to its independence;
II The
full inviolability of the omnipotent and sacred Person of His Imperial Majesty,
the Emperor, being therefore protected by penalties applicable to lese-majesty
crimes;
III
Submission of the Subjects of His Imperial Majesty to Him and the decisions
made by the Distinguished Imperial Council of State, the aristocratic
legislative body;
IV Multiparty
system, as provided for in Imperial Decree 0049,
1998;
V Full intervention
of the State in economy, by means of concessions, monopolies, subsidies and any
other economic measures to be taken by the Imperial Government;
VI The Hereditary
nature of the Imperial Monarchy, being the House of Castro-Bourbon the only and
legitimate source of monarchs;
VII Human dignity. (Subparagraph included by Amendment of Aug 04,
2005)
Sole
Paragraph: All the authority emanates from His Holy Imperial Majesty, who, on
behalf of God and the good people of
Article 2: The
Empire has Four Sacred and Inviolable Branches:
I - The Moderating
Branch, exercised by His Holy Imperial Majesty, upon granting his CUMPRA-SE to projects
put forward by the people, the Premier, the Distinguished Imperial Council of
State or the Peoples Assembly of Qualicates. The Moderating
Branch comprehends interventions by the Monarch in all of the branches, being
therefore a Sole, Undelegable and Indivisible branch,
superior to the other ones;
(see DI 0054-1999, Legislative Process)
II The Judiciary
Branch, exercised by the Imperial Associate Justice, as set forth in Title V, and
the Imperial Justices, as appointed by the Moderating Branch, based on a
three-name list, submitted by the Imperial Associate Justice.
(see DI 0062- 2000, Amendment, Associate Justice Duties.
Subparagraph with wording given by DI 79)
III The Legislative
Branch, divided into Upper Chamber - the Distinguished
Imperial Council of State and Lower Chamber the Peoples Assembly of Qualicates. The Emperor may also issue Imperial Decrees or Glorious
Ordinances, as an act of law and perpetual effectiveness.
Paragraph
One: **REVOKED**
Paragraph
Two: **REVOKED**
IV - The Executive
Branch, the political conduction and public administration body, consisting of
the Premier and his Cabinet, as provided for in T16 hereof.
(subparagraphs III and
IV as amended by Imperial Decree 0082-2005)
Article 3:
The Holy Empire of Reunion shall be governed by the following aspects on its
international and intermicronational relations:
I
independence and imperial sovereignty;
II
intervention where the Established Branches, as recognized by the Empire and His
Imperial Majesty, are under threat;
III granting
of political asylum;
IV nonexistence
of Extradition Agreements;
V cooperation with Colleges
of Arms from other micronations;
VI
cooperation among the peoples towards mankind progress;
VII -
industrial and commercial expansion;
VIII support
to Monarchies under threat.
Sole
Paragraph: The Empire shall pursue the integration among the different micronations, by becoming a member of Leagues of Micronations.
Article 4: The
Imperial Symbols are:
I - The Holy
Imperial Flag;
II The
Person of His Imperial Majesty;
III The
Portuguese Language;
IV - This Holy Imperial Constitution.
Article 4,
Part II: Reunians are:
I - Natives:
a) Those who were in the imperial territory on August 28, 1997;
b) Those
whose citizenship application forms are accepted by the Ministry of Immigration
and Tourism, and who have never been member of any other micronation
or organizations of a similar nature;
c) The offspring
from a Reunian father and a foreign mother, a Reunian mother and a foreign father or Reunian
parents.
(Letter added by Imperial Decree 0063-2000)
II -
Naturalized:
a) those who, in due legal form, acquire the Reunian citizenship, by pledging Allegiance to the Empire and
His Imperial Majesty; however, after having been a member of another micronation or organization of a similar nature;
b) those who have been provenly
residing in the Empire for two years or more;
Paragraph
One: There shall not be any distinction between Native and Naturalized Subjects,
both having the same rights and duties, in compliance herewith.
Paragraph
Two: The following persons shall lose the Reunian citizenship:
I Any
person whose Reunian
Citizenship has been annulled either by His Imperial Majesty or a pertinent
government body, due to activities harmful to the interests of the Empire.
II - Any
person who concomitantly with the Reunian citizenship, has the full citizenship of any other
Article 5: The Roman Apostolic Catholic Christianism shall
be adopted as the Sole Official Religion of the Holy Empire of Reunion; however,
the subjects shall be free to practice ANY other creeds or religions, or even
to consider themselves as "atheists" or "agnostics".
Paragraph
One: There shall be full and thorough political and structural separation
between the Church and the
Paragraph
Two: The State may accredit other churches, sects or spiritual-purpose organizations
as legitimate institutions, although unofficial, to have activities in the Holy
Empire of Reunion.
Paragraph
Three: There shall not be special court jurisdiction to judge clergies or even
laities associated with the structure of the Catholic Church; notwithstanding, without
prejudice to the jurisdiction of the Courts of Law, the Reunian
State recognizes the Right held by the Church to judge its members at the Ecclesiastical
Court, in accordance with its criteria and laws. (Article
with wording given by Constitutional Amendment of January 2000 and the
Executive Decree of May 2004)
Article 6: The
official language of the Empire shall be the Portuguese Language, as an
Imperial Symbol. No other language shall be forbidden, but they cannot be
usually employed on the Chandon Lists.
Article 7: Every
Reunian Subject is forbidden to be associated with
any republican movements, clandestinely organized in the Empire, on penalty of
committing Lese-Majesty Crime, pursuant to Subparagraph X, Article 2, Title IV hereof
and Imperial Decree 0058-1999. (Article with wording given by Constitutional Amendment of December
2000)
Article 8: The
sole and indivisible Holy Empire of Reunion consists of the following
administrative regions, which are independent from each other but irrevocably
linked to the Reunian Crown, each having a separate
Message List, as exclusively owned by the Moderating Branch:
I -Hereditary
Captaincy of Straussia (SS), Saint-Benoit as Capital
city;
II - Hereditary
Captaincy of Le Port (LP), Le Port as Capital city;
III - Hereditary
Captaincy of Conservatória (CO), Tamaratori
as Capital city;
IV - Hereditary
Captaincy of Fournaise (FE), Tremblet
as Capital city;
V - Royal
District of
VI - Executive District of Beatriz (BE), the Administrative
Paragraph
One: The Holy Empire shall have two Capital Cities, being
Paragraph
Two: Viceroyalties are semiautonomous administrative regions of the Empire, created
by means of Imperial Decree, and also irrevocably linked to the Crown, and they
shall be created whenever the requirements set forth in Title XVIII are met. (Article with wording given by Constitutional Amendment of April 2004)
Title II On the Sacred Person of His Holy
Imperial Majesty
Article
Paragraph 1:
The pronouns related to His Imperial Majesty shall be used in capital letters
only.
Paragraph 2:
The treatment to be given to the Emperor, when addressing to Him, shall be "Your
Imperial Majesty". Where referring to Him, "His Holy Imperial Majesty"
shall be employed, as usual.
Article 2: The
Person of His Holy Imperial Majesty is Inviolable and Sacred, being Him unimputable for His acts, whether administrative or not. The
Emperor is the key for the whole political organization, and He shall incessantly
work to preserve the independence, balance and harmony among the Branches. Mister
Cláudio the First shall always rule in
Paragraph
One: His legitimate descendants shall succeed Him to the Throne, in accordance
with the regular order of primogeniture and representation, being always the
earlier lines preferred to the later ones; in the same line, the closest
degree, preferred to the most remote; at the same degree, the male gender
preferred to the female one; concerning the same gender, the oldest person
preferred to the youngest one.
Paragraph
Two: No foreigner can succeed to the Crown of the Holy Empire of Reunion.
Paragraph
Three: In case Mister Cláudio the Firsts lines of legitimate
descendants are terminated when the last descendant is still alive, and during
his Empire, the Distinguished Imperial Council of State shall choose the new Dynasty.
Article 3: When
leaving the Country, His Imperial Majesty shall appoint the most accomplished
nobleman to hold the position of Emperor Regent, as set forth in Sole Paragraph,
Article 1, Title V hereof.
Paragraph
One: The option to appoint an Emperor Regent is elective; the Imperial Council
of State may be selected as the body in charge of the Moderating Branch during
either the absence or impediment of His Imperial Majesty.
Paragraph
Two: The acts of the regency and the Regent shall be issued on behalf of the Emperor
under the following formula the Regency, for the Holy name of His Imperial
Majesty commands.... The Emperor Regent, for the Holy name of His Imperial
Majesty commands. (Article with wording given by Constitutional
Amendment of December 1998)
Title III On the Imperial Family
Article 1: His
Imperial Majestys firstborn son shall receive the Title of Prince of Grão-Índico, and be addressed as "Your Royal Highness"
and "His Royal Highness", as provided for in Article 2, Paragraph 1, Title
II hereof.
Sole
Paragraph: The other Sons and Daughters of His Imperial Majesty shall receive
the Title of Prince, for Gentlemen, and Princess, for Ladies.
Article 2: His
Imperial Majestys Wife shall receive the Title of Empress Consort, and shall
be treated under the same manner as the Emperor.
Article 3: For
its maintenance, The Imperial House shall receive an endowment equivalent to 5%
of the Empires Gross Domestic Product every year. Such endowment shall be
delivered to a Lord Protector, as appointed by the Emperor, with whom both
credit and debt actions concerning the interests of the Imperial House may be
dealt with.
Article 4: The
Emperors Mother shall receive the Title of Empress Mother, as provided for in
Paragraph 2, Article 1, Title II.
Article 5: The
Emperors Father shall receive the Title of Emperor Patriarch, as provided for
in Article 4 of this Title.
Article 6: The
Palaces and
Title IV On the Distinguished Imperial
Council of State
Article 1: The
Distinguished Imperial Council of State is a legislative body under the trust
of His Holy Imperial Majesty, being its members appointed by Him, with the
primary function of advising Him for State affairs and helping Him take care of
the nations well-being. (article
changed by Imperial Decree 0082-2005)
Paragraph
One: The Members of the Distinguished Imperial Council of State shall have the Title
of "Imperial Counselor", and they shall be so addressed.
Paragraph
Two: The regular or special meetings of the Imperial Council of State shall
take place in the official language, as well as the projects submitted to its
approval.
Paragraph
Three: The Imperial Counselors should be members of one of the existing
political parties.
Paragraph
Four The Imperial Council shall consist of no less than seven (07) and no
more than twelve (12) members with life tenure, and they can be removed only in
the cases listed in Article 6 of this Title.
Article 2: The
Distinguished Imperial Council of State is responsible for:
I Preparing
its Internal Regulations, providing on its own organization, operation, creation
or termination of public positions and standards of behavior and conduct;
II Performing
revisions, amendments and reforms to Imperial Decrees, including this Constitution,
always with a suitable quorum, as defined in its Internal Regulations;
III - Appointing
a TUTOR REGENT to the Emperor, in case He is in state of MINORITY;
IV - Voting
motions of censure and banishment against any citizens of the Empire or foreigners;
V Removing
any Empire employee from his position;
VI Terminating
or suspending any Political Parties which come to damage the Good Name of the Distinguished
Council and His Holy Imperial Majesty;
VII Presenting
to His Imperial Majesty, every Yearend, a report on the actions performed the
previous year, to be prepared by its Chairman;
VIII Ratifying,
by means of motions, Treaties, Conventions and foreign Laws to be complied with
in the Empire;
IX - Upon a
suitable quorum, removing the Council Chairman before his tenure ends;
X - If so
desired by His Imperial Majesty, taking the control of the Moderating Branch during
His absence or impediment, until the Emperor returns;
XI Recognizing
the Imperial Prince as successor to the Throne, at the first Meeting after his
birth;
XII Choosing
a new dynasty, in case the currently Ruling one is terminated;
XIII Preserving
the Constitution and promoting the well-being of the nation.
Paragraph
One: Every decision made by the Distinguished Council shall be subject to the
approval by the Moderating Branch, even if tacit.
Paragraph
Two: The Distinguished Council may prepare laws on every infraconstitutional
matter when the APQ inactivity is confirmed, upon a statement made by the Moderating
Branch concerning this. The bills shall be passed through voting by the
majority of the active Counselors.
Article 3: The
Imperial Counselors are inviolable concerning their opinions, words and votes. (Article with wording changed by Constitutional Amendment in February
2001)
Paragraph
One: After their Diplomas of Imperial Counselors are issued, through Glorious
Ordinances, the members of the Distinguished Imperial Council of State can be
neither arrested nor criminally or civilly sued, without prior license from
their peers, through voting at a Special Meeting.
Paragraph
Two: The Imperial Counselors should be members of one of the existing political
parties.
Paragraph
Three: In case the legal proceedings or action is not considered as of an
essentially political nature, the permission from his peers to continue such
litigation shall be dispensed with.
Article 4: When
receiving the Diploma of Imperial Counselor, the honorable Recipient should take
the following Solemn Oath, by addressing to the Monarch, on the Chandon public list: "I swear, before the Almighty God,
Your Imperial Majesty and Our People, to Promote Peoples Participation and the
Full Compliance with our Laws, Defend Monarchy and Your Holy Empire, the
Indivisibility, the Activities, the Progress and the Sovereignty of Reunion".
(Article changed by means of Imperial Decree
0065-2000)
Article 5: The
Council Chairman shall be elected by his peers every six months, and he shall
have authority to Coordinate the debates and keep the discipline in Compton
Hall. The Chairman may appoint a three-member Committee to help him control the
Council.
Sole
Paragraph: The First Secretary of the Council shall be responsible for
controlling the activities and attendance of the Imperial Counselors, and he
shall be appointed by the Moderating Branch. (Paragraph
Added by Glorious Ordinance of May 2000)
Article 6: The
Diploma of Imperial Counselor shall be annulled for any Member who:
I - Not to Comply With nor Cause the Compliance With any of the
provisions referred to above or herein;
II Loses the
Confidence of His Imperial Majesty;
III Receives
unlawful advantages from any other micronation;
IV Damages
the Reputation and the Honor of His Imperial Majesty;
V Fails to
attend or give opinions at the Meetings of the Distinguished Imperial Council
of State or in its Plenary, except for a license granted by the Chairman of the
Imperial Council;
VI Disobeys
party orders in the cases of "Closed Matter", unless they are
protected by the Regulations of their parties.
Sole
Paragraph: Administrative penalties may be enforced by the Council Chairman on
Counselors who infringe internal rules of the Distinguished Council, provided
such rules are in compliance herewith.
Article 7: The
Legislative process performed by the Distinguished Imperial Council of State comprises
the preparation of the following legislative acts:
I Amendments
to Imperial Decrees, including this Constitution;
II - Motions;
III - Edicts
to His Imperial Majesty, asking His opinion concerning any law under
preparation;
IV - Consultations
to the Plenary on relevant matters;
V - Bills, as
set forth in A2P2 of this Title
Title V On the Sacred Duties of His Holy
Imperial Majesty
Article 1: The
Emperor, the Emperor Regent or the Tutor-Regent has the following duties:
I - Through
a Glorious Ordinance, which is a not solemn act which deals only with matters merely
administrative, nobiliary or those of utmost urgency
and relevance:
a) To
appoint the Members of the Distinguished Imperial Council of State;
b) To
appoint an Imperial Associate Justice, who is to judge, at an Appeal Level, cases
forwarded by the Judges of the courts, in accordance with the law, his
conscientiousness and the Case Laws, in order to conduct law enforcement;
c) To install
or remove from their positions any and all civil servant of the Empire, with no
prior notice;
d) To
appoint Hereditary Captains of Hereditary Captaincies, Viceroys and the Lord
Protector of the Empire;
e) To confer
decorations, medals and diplomas; to grant nobility titles, or the promotion to
higher titles for those who so deserve it, in accordance with His opinion, as
well as to decide on lowering or annulling an already conferred nobiliary title. The highest Merit Decoration of the Empire
is the "Order of the Cross of Stráussia";
f) To
ratify the name of the Imperial Archbishop, who is to run the Imperial Archbishopric
of Reunion. The Archbishop must be a member of the Roman
Apostolic Catholic Church, and appointed in compliance with the hierarchy and
standards of the Church.
g) To grant
an "Imperial Exploitation Concession (C.I.E.)" to any companies which
do not manage to have a response from the pertinent executive authority on its registration;
h) To
appoint Imperial Intervenors to temporarily rule any Captaincy,
District or Viceroyalty;
i) To
create and terminate government titles and positions in general.
j) To decree
State of
k) To
appoint and remove the General Counsel of the Empire, the Imperial Justices, as
provided for in Title I, and the General Attorney of
(Article with wording given by Constitutional
Amendment of August 2004 and DI 79)
Sole
Paragraph: A Glorious Ordinance which provides on matters under charge of
another Branch of the Empire, by intervening in its scope, shall be referred to
as Interventional. An Ordinance which provides on matters concerning only the
organization, management or the scope in general of the Moderating Branch shall
be referred to as Regular. A Special Glorious Ordinance is the one providing on
matters not set forth by law and hereby. An Ordinance related to granting,
promoting, lowering or excluding Nobility Titles,
Decorations, Medals and Diplomas shall be referred as Nobiliary.
(Sole Paragraph added by Constitutional Amendment of
May 1999)
(Edict 06-1998 - "The numbering of subparagraph
one in article one is not limiting; it is exemplifying")
II Through
Imperial Decrees, which is a solemn normative act that can deal with any matter,
precept, standard or issue of the utmost importance and immediate effects, and
that has authority of constitutional law and perpetual effectiveness:
a) To revoke
penalties and forgive the convicted, by granting reprieves;
b) To grant
laws written exclusively by Him or others, including Amendments hereto;
c) To declare
state of War, Defense, Imperial Calamity, Quarantine and terminate any treaties
between the Empire and other micronations;
d) To make
peace with other micronations;
e) To
create semi-independent Viceroyalties.
III Through
Enacting Edicts or Enactments:
a) To give
His CUMPRA-SE either to Bills sent to Him by the Imperial Council or Executive Decrees
submitted to his approval by the Premier. In case such CUMPRA-SE is delayed, when
11 days elapse with no statement from His Imperial Majesty, said Bill shall be
deemed as APPROVED. This is called TACIT CUMPRA-SE;
b) To give
His CUMPRA-SE to International Conventions and Treaties to be complied with by
the Holy Empire of Reunion;
c) To install
qualicates elected by the people, by ratifying the
results of the elections performed;
d) To ratify
the name of Premiers elected by the Peoples Assembly of Qualicates,
who, as set forth in Title XVI hereof, shall exercise the Executive Branch in
the Empire, after the public disclosure of such name by the chairman of the Lower
Chamber to the Moderating Branch.
IV - Through
Edicts:
a) To
answer consultations made by the Distinguished Imperial Council of State and
the Premier, by either granting or not the enquiries submitted;
b) To advise
heads of State from allied micronations.
V To
address to the Subjects on an annual basis, either through the means of
communication or, traditionally, from the Imperial Palace Balcony, a speech on
the most important events happened in the Empire the previous year.
VI To
exercise, through His Commander in Chief, the supreme command of the Imperial
Armed Forces and the Imperial Guard;
VII To
receive, in His Imperial Office, in the afternoons of every day in July every
year, any and all Head of Family who comes to register for such.
VIII - **REVOKED**
Article 2: If
so necessary, His Imperial Majesty may exercise any of the powers referred to
in Article 2, Title IV hereof. However, he should submit a report to the Distinguished
Imperial Council of State, stating the reason for such intervention.
Title VI On the Imperial Justices and the Judiciary
Branch
Article 1: The
Judiciary Branch, as provided for in Subparagraph II, Article2, Title I hereof,
shall be exercised by the Imperial Justices and the Imperial Associate Justice,
who shall have jurisdiction all over the territory of the Holy Empire of
Reunion, being them in charge of judging every case arising from actions or
omissions considered as either infringing or criminal, and which have occurred
in public places (CHANDON).
Article 2: The
Law shall rule in the Holy Empire of Reunion under all of its forms, and be the
primary source of the whole Reunion Law. The following shall be sources of Law
as well, and may be used as subsidiary (secondary) sources to the Judiciary
Branch:
I - Usage;
II - Analogy;
III General
principles of Law;
IV Canon
Law and Church Laws;
V Case
law and normative precedents;
VI -
Equity.
Paragraph
One: No person shall be excused from complying with the law by claiming not to
know it, and no person can claim his/her own dishonesty.
Paragraph
Two: A later Law shall revoke an earlier one when so expressly states it, when
it is incompatible therewith or when it regulates the matter dealt with in such
prior law, provided they are hierarchically similar.
Paragraph
Three: A revoked law may be restored if the revoking law has lost its
effectiveness, unless otherwise provided for.
Paragraph
Four: The Law shall not retroact, except for:
I when
this is the Will expressed by His Holy Imperial Majesty, through provision
stated upon either the granting or the enactment of any legal document;
II the
benefit of defendants.
Paragraph
Five: All of the Branches have the duty to publish their normative acts, on
penalty of becoming unenforceable if they are not made available in the
imperial archives, being considered as such the countrys official website
(www.reuniao.org) and the archive of imperial public lists, as hosted by the macronational company Yahoo or its successors, provided
they are open to be referred to by every person. (Paragraph
included by Amendment of Aug 04, 2005)
Article 3: The
Law shall become effective:
I After
being sanctioned by the Head of Government, or when his veto is rejected by the
Peoples Assembly, in the case of Peoples Laws;
II After
the CUMPRA-SE from His Imperial Majesty, in the case of Aristocratic Laws submitted
by the Distinguished Imperial Council of State to be reviewed by the Moderating
Branch, or, in this case, after the expiration of the term for the Imperial Veto,
through the TACIT CUMPRA-SE, as set forth in Subparagraph III, Article 1, Title
V hereof;
III After
its publication on Public lists, unless otherwise provided for, in the case of Glorious
Ordinances, Regular Measures, Normative Decisions and Imperial Decrees.
Article 4:
Trials of acts committed in the Imperial territory shall be judged in
accordance with the Empire Law, no matter such individuals nationality.
Paragraph
One: Territories of Embassies of other Nations or Micronations,
Apostolic Nunciatures or foreign vessels farther than
Paragraph
Two: In addition to the Empire Itself, Embassies in other nations or micronations, Reunian vessels and
the means of transportation carrying His Imperial Majesty anywhere in the world
outside the Empire borders shall be an integral part of the Imperial territory.
Article 5: Laws,
Acts and Decisions from other nations or micronations,
when offending the Monarchy, His Imperial Majesty, the Empire sovereignty, Monarchys
Official Religion, the public order, the morality and good manners, shall not
be effective in the Empire.
(article with wording
changed by AMN of Feb 28, 2005)
Sole
Paragraph: Only foreign conventions, treaties, laws or decisions which receive
the placet from the Distinguished Imperial Council of
State shall be enforced inside the Empire Borders, even if they have been
either endorsed or approved by the Imperial Chancellery.
Article 6: The
following individuals shall not be subject to Civil or Criminal Condemnation:
I - The Emperor;
II - Members
of the Imperial Family;
III- Monarchs
visiting the Empire;
IV- Ambassadors
and officers of other nations or micronations, when
they are inside the premises of their Embassies, Nunciatures
and Consulates;
V Those
who have provenly committed crimes as self-defense, state
of need, strict compliance with legal duties and regular exercise of Law;
VI Citizens
who have received their citizenship less than thirty (30) days from such criminal
action or omission, even if due to annexation or incorporation of foreign
countries.
Paragraph
One: Trials of Imperial Counselors, the Lord Protector and the Premier shall
have the Imperial Associate Justice as original court jurisdiction, without
prejudice to any immunity set forth in the law.
Article 7: The
following individuals shall have their penalties mitigated:
I - Moderating
Branch officers;
II those
younger than 13 years old;
III - those
older than 70 years old;
IV - for crimes of passion.
Article 8: The
following shall be punished with Banishment or Annulment of the Reunian Citizenship, without prejudice to whatever else the
law may specify:
I - Lese-Majesty
Crimes;
II - Crimes
against the Empire Symbols;
III - Crimes
against the integrity of the Empires official Message List;
IV Those
who violate the Empires official website on the Internet;
V Every person who commits crimes of Serious Offense against the Laws of
the Empire.
Sole
Paragraph: Every other Crime, Misdemeanor and Act of Improbity shall be
punished as provided for in Article 2º of this Title, Imperial Decrees and the
Code of Behavior in Chandon.
Article 9: Any
Subject of His Imperial Majesty, whether an Individual or a Legal Entity, may
request the Empire judicial protection, by lodging an action with the Judiciary
Branch, to be judged on a trial court by the Judges and, on an appeal and
ultimate level by the Imperial Associate Justice, as provided for in Subparagraph
II, Article 2, Title I, and Article 2 of this Title VI.
Article 10:
The Imperial Justices have the following Duties, and the noncompliance
therewith shall entail penalty of Removal, as set forth in section c, subparagraph
I, Article 1 of Title V herein:
I - To judge
actions lodged pursuant to Article 9, as provided for in Article 2 of this
Title VI;
II To behave
themselves in accordance with their respectable position, on penalty of dismissal
by the pertinent authority;
III To struggle
for the Ideals of Equity, Justice, Honesty, and Judiciary Activities and Promptness;
IV Not to
allow any kind of religious discrimination, by punishing it on an exemplary
manner;
V To comply
with and follow decisions made by other justices and the Moderating Branch. (Subparagraph with wording given by Amendment of Aug 04, 2005)
Article 11:
In addition to his exclusive duty of ultimate judicial level and management of
the Judiciary Branch, the Imperial Associate Justice shall play, at the
Imperial Judiciary System, the role of Court Clerk of Legal Proceedings and disseminator
of the Empires inviolable principles and institutions, besides being the chief
guardian of the Holy Constitution.
Article 12:
The Captaincies, Districts and Viceroyalties have exclusive jurisdiction on
crimes occurred in their respective public lists and subdivisions, except where
there are suspicions of attack on the inviolable Symbols, Principles and Institutions
of the Reunion Law, where then the General Counsel of the Empire may propose a mandamus,
which, if granted, shall forward the competence to lodge the action and judge
such crime to the Imperial Judiciary Branch.
Paragraph
One: Defendants condemned by regional judges of Captaincies, Districts or
Viceroyalties can submit appeals against such decision to the Imperial
Associate Justice Office, by bringing a Review Pleading, to be judged by the Associate
Justice Office, and a condemnation by the Associate Justice Office shall be
effective in the whole imperial territory. (Article
with wording given by Amendment of Aug 04, 2005)
Paragraph
Two: Every defendant condemned at an appeal level may submit to the Moderating
Branch, on a public list, a request for "Imperial Pardon", which can
be submitted to and examined by the Imperial Cabinet or not.
Article 13:
The Inviolable Principles and Institutions of the Reunion Law are:
I Private
Property, being pointed out the likelihood of confiscation through an order
given by the Moderating Branch; (Subparagraph with wording
given by Amendment of Aug 04, 2005)
II The Family
and the Religion of each subject;
III Telephone, Banking, Post and Personal Communication Confidentiality.
IV - Monarchy;
V National
Heroes.
Sole
Paragraph: The reproduction of private conversations produced without prior
consent by legal authorities shall be unacceptable as evidence. (Articles 1 through 13, with wording given by Constitutional Amendment
of April 2004)
Article 14:
The following persons shall be punished with Banishment or Annulment of the Reunian Citizenship:
I - **REVOKED**
II - Pedophiles
who commit such libidinous act;
III - **REVOKED**;
IV Those who
violate Tombs, Mausoleums or Burial Chambers;
V - Those who
commit crimes of Serious Offense against the Laws of the Empire.
Sole
Paragraph: Every other Crime, Misdemeanor and Act of Improbity shall be
punished as provided for in Article 2 of this Title, Imperial Decrees and the
Code of Behavior in Chandon.
Article 15:
No person shall be imprisoned for Debts of any nature whatsoever. The
properties of the Debtor shall be executed for the benefit of the Creditor.
Article 16:
The trials by the Judiciary Branch bodies shall be public, and every decision
should be well-grounded, on penalty of nullity, and the attendance and
publicity of such decisions may be limited to the parties and their lawyers, when
so required in order to protect the intimacy of the involved parties,
professional or State secrets.
Article 17:
Imperial Justices should not perform activities in lawsuits in which they are
lawfully hindered or suspects.
Chapter II On the General Counsel Office of
the Empire
Article 18:
The General Counsel Office of the Empire is an institution ancillary to the
Judiciary Branch, responsible for defending the public order, the Empire institutions
and the collective interests, and it shall be headed by the General Counsel, a
position which can be filled by the Moderating Branch at its discretion.
Paragraph
One - The General Counsel of the Empire may appoint Assistant Counsels to help
at the functions of such body, with a three-month renewable term.
Paragraph
Two - The members of the General Counsel Office of the Empire are not intellectually
subordinated to any person, not even their hierarchic superior officer. They
act on behalf of the institution they embody, in accordance with the law and
their conscientiousness. An Assistant Counsel can be removed during his/her
term only through a decision by the Distinguished Imperial Council of State, being
highlighted the likelihood of dismissal through a decision by Judiciary Branch
which has become final.
Article 19:
The organization and the operation, as well as the prerogatives and the duties
of the General Counsel Office of the Empire are defined by law. (Articles 16 through 19, with wording given by Amendment of Aug 04, 2005)
Title VII On the Guaranties, Rights and Duties
of the Subjects of His Imperial Majesty
Article 1: These
are the Rights of Reunian Subjects who are in
compliance with the Law, and they must be ensured by the Imperial Government, no
matter what it takes, as provided for herein:
I - Life;
II Property
and Housing;
III Elementary,
high and college-level Education;
IV - Freedom;
V Exercise
of their political rights;
VI Telephone,
Banking Confidentiality, as well as conversations through Real-Time
Communication Software and private messages through E-mail; (Subparagraph with wording given by Constitutional Amendment of March 2005)
VII Full and
unlimited Traffic inside the Empire borders, unless otherwise provided for in
the law or normative act from the Moderating Branch; (Subparagraph
with wording given by Amendment of Aug 04, 2005)
VIII - Leisure;
IX - Work;
X - Security;
XI To send
to the Peoples Assembly of Qualicates, by means of
petitions, in groups of at least five citizens, bills or amendments to the Constitution,
for later examination;
XII No subject
shall be obligated to either do or not to do anything but in view of the law or
express will from His Imperial Majesty;
XIII Freedom
of thought is ensured, but anonymity is forbidden.
XIV Equality,
in accordance with the law and consuetudinary traditions;
XV Right
of Association, provided it is intended for lawful purposes;
XVI Prompt
and effective supply of judicial protection;
XVII In its
strict sense, the law should not harm perfect legal acts, res
judicata and vested rights;
XVIII No
person shall be sued or convicted but by the pertinent authorities;
XIX Evidence
obtained through unlawful means shall be unacceptable in lawsuits;
XX Restrictions
to any subject shall depend on legal decisions, except in cases of imminent danger
to Imperial Institutions, National Security, Political and Social Order and in
compliance herewith and the laws in force;
XXI Habeas
corpus shall be granted whenever some person is undergoing or under threat of
undergoing violence or coercion in his/her freedom of movement or speech in any
official and public list of the Holy Empire of Reunion, due to either
illegality or abuse of power, in compliance with the law;
XXII Mandamus
shall be granted to protect clear and legal rights, which are not supported by
habeas corpus, when the person liable for such illegality or abuse of power is
an authority or public agent, in compliance with the law; (Subparagraphs XIV through XXII included by Amendment of Aug 04, 2005)
Paragraph
One: Reunians regularly accepted as citizens at least
twenty (20) days before the dates scheduled for elections, enrolled through the
voters registry, in compliance with the law, shall be
voters. The suffrage is universal and the vote is direct and secret, in
addition to being facultative.
Paragraph
Two: Reunian citizens have as political rights the
vote in general, either in the imperial scope or in Captaincy, district and
royal scopes, besides the people procedure for preparation of laws, as set
forth in Imperial Decrees 0050-98 and 0054-
I May be
suspended:
a) For absolute
legal incapacity;
b) If a
given citizen loses his/her Reunian citizenship, for
any reason whatsoever;
c) - If a
given citizen performs acts of administrative improbity.
d) In case
a given citizen does not keep updated information on himself/herself in the database of the Ministry of
Immigration, something that should be made whenever CENSUSES are called by
pertinent authorities; the participation therein is a sine qua non condition
to exercise Political Rights at any level.
Paragraph
Three: The suspension of the Political Rights shall last while the effects
described in the subparagraphs above last, and the pertinent authorities should
try to guide citizens in the cases in which they depend on the actions of said
authorities to regularize their situation.
Paragraph
Four: Reunians who hold
actual or honorific representation positions in other nations, micronations, or international organizations recognized as
Entities of International Law, can only exercise their Political Rights upon
express consent by the Imperial Chancellery, granted at least thirty (30) days
before the exercise of such rights.
Paragraph
Five: Those who, during the election for the Peoples Assembly of Qualicates or, in case of being elected, within the period
of time established for oath-taking, have their Political Rights either lost or
suspended, shall lose their office and be immediately replaced with another
representative appointed by their party.
II May be
lost:
a) For refusing,
based on religious, philosophical or political convictions, to perform
obligations or services imposed on Reunian citizens
in general;
b) For accepting
and using foreign nobility titles without consent from the Lord Protectors
Office;
c) For accepting
honors or positions abroad which entails restrictions to the
rights of citizenship and duties towards the
d) For not
complying with the responsibility to take care of national security, as
mandatory for every citizen.
Article 2: These
are the unpostponable, irrefutable and
unchallengeable Duties of Reunian Subjects:
I Participation
in censuses organized by the pertinent authorities and the completion of the
immigration form, even if his/her citizenship results from an intervening act by
the Moderating Branch;
II - Respect
for the Established Imperial Authorities;
III Compliance
herewith;
IV Respect
for the Imperial Symbols;
V Maintenance
of the Inviolable Principles and Institutions of the Reunian
Law, as provided for in Article 16, Title VI hereof;
VI In case
of men, Military Service, which may be performed either in
the Imperial Guard or the Ministry of Defense;
VII To denounce
those who take actions against these Rights and the Inviolable Principles and
Institutions of the Reunian Law, as described in Article
16, Title VI hereof.
(Title with wording given by Constitutional
Amendment of June 2005, approved by the ECIE)
Title VIII - On Companies and Corporations
Article 1:
At first, there shall not be any differences between State- and
Privately-Owned, Domestic or Foreign Companies, unless so established by the
pertinent Ministry, who may:
I Exempt from
Taxes;
II -
Subsidize;
III - Make Government-Private
IV - Condemn
takeovers;
V Grant Imperial
Permits, in compliance with Subparagraph II, Article 3 of this Title VIII;
VI Nationalize
or privatize;
VII - Condemn
Mergers, Business Alliances, Associations and Federations.
Sole
Paragraph: Journalistic companies, in addition to a permit (registry), should
be enrolled with the Ministry of Communications.
(Paragraph added by Constitutional Amendment of
October 1998)
Article 2: Companies
which come to receive, through a Grace of the Imperial Government, incentives of
any kind, shall undertake to either perform services or supply products to the Empire
with no encumbrance to the Crown at all, on penalty of Nationalization, as
provided for in Subparagraph XI, Article 2, Title IV hereof.
Article 3: The
following shall be also obtained through Imperial Exploitation Concession, as
set forth in Section g, Subparagraph I, Article 1, Title V hereof or upon
Registry in the pertinent Ministry:
I Permission
to extract Minerals, Oil or Wood;
II - Imperial
Permit for operation of Commercial or Industrial Establishments;
III
Concession of Means of Communications, whether in writing or not
IV Authorization
to open Hospitals.
Article 4: As
provided for in subparagraph XIX, Article 2, Title IV hereof, Companies
established in the Imperial territory are forbidden, on penalty of Nationalization,
to:
I Pay their
employees less than ONE Standard Wage;
II **REVOKED**;
III - Import
products and services from micronations with which
the Government of His Imperial Majesty does not keep relations, or with which
is under state of War;
IV Have,
in their Executive Staff, officers who are Citizens from Micronations
with which This Empire does not have friendly relations;
V Engage in
Industrial Espionage;
VI Formation
of Trust or Cartel, unless under prior consent by His Imperial Majesty.
Article 5: Workers
of Companies established in the
I Go on
strikes;
II Organize
trade unions.
Title IX - On Education and Professions
Article 1: Being
a right to be ensured by the Imperial Government, education is an Empire
monopoly. The Imperial System of Education shall be under the authority of a
Minister of Education, to be appointed by the Empire Premier.
Article 2: The
Empire shall accept Professional Diplomas issued by Reunian
Schools and from every country with which the Government of His Imperial
Majesty has friendly diplomatic relations.
Paragraph 1:
Any person who illegally practices any profession, both due to the lack of a Diploma
related thereto, and the nonacceptance of such
Diploma by the Imperial System of Education, shall be punished.
Paragraph 2:
Those graduated from Reunian Schools shall be
entitled to Special Prison until they are judged by the pertinent Imperial
authority.
Article 3: the
Elementary School curriculum in the Imperial System of Education shall mandatorily have the subjects: History of Empire, Moral and
Civics, Portuguese Language, Mathematics, Sciences, Social Studies, Philosophy,
German or English, World History, and World Geography.
Sole
Paragraph: Elementary Schools shall be fully autonomous to include any elective
subjects which are not in noncompliance herewith.
Article 4: the
High School curriculum in the Imperial System of Education shall mandatorily have the subjects: History of Empire, Computer
Sciences, Portuguese Language, Arithmetic or Algebra, Chemistry or Physics, World
Geography, Philosophy, German or English, World History, and Basics of Law.
Sole
Paragraph: High Schools shall be fully autonomous to include any elective
subjects which are not in noncompliance herewith.
Article 5: Every
day, until the end of High School, before the beginning of classes and after
the MANDATORY performance of the Imperial Anthem, students shall be standing, together
with their Masters, to say this oath, before the Imperial Flag, which is to be
on the left corner of each classroom: "I pledge allegiance to the Imperial
Flag, the Emperor of Reunion and the Monarchy for which it stands. One only Nation, under one only God, indivisible, with Justice and
Freedom for all". Afterwards, the classes should take place.
Title X On Hereditary Captains and Hereditary
Captaincies, and
Article 1: The
Empire of Reunion shall have Hereditary Captains, as provided for in Article 8,
Title I hereof. Appointed through Glorious Ordinances by His Imperial Majesty, the
Hereditary Captains shall be:
I - Reunians;
II - Members
of one of the existing Political Parties;
III -
Residents of the Captaincy to be ruled thereby.
Sole
Paragraph: Hereditary Captains shall receive the treatment of Your Excellency,
when addressing to them, and His Excellency, when referring to them.
Article 2: Hereditary
Captains shall have the following duties, which may be delegated in whole or in
part to the Just Council of Advisors or similar, as set forth in a local Protocol
Letter, if any:
I To grant
Protocol Letters, which shall be used as Organic Law of the Captaincy or
Territory, governing all the activities carried out in its territory, but any
attempt to include therein any provisions which infringes this Constitution
shall be forbidden.
II To appoint
and remove any civil servant under his Jurisdiction;
III To decide
on the creation of new Cities in the territory under his Jurisdiction;
IV To appoint
Alcaides (administrators of capital cities) and
Burgomasters, administrators of other Burgs, for one-year terms, being entitled to exercise them as many times as the
Captain wishes. They must be:
(Amendment 01-98
removed the city of
a) Resident
in such Burg;
V To approve
or not the accounts submitted by Alcaides or Burgomasters
every month; in case of nonapproval, they shall be
made liable for their payment;
VI To represent
His Holy Imperial Majesty in ceremonies, meetings and any other events in which
His presence is not confirmed;
VII To create
and terminate positions;
VIII To prepare,
modify and maintain the official website of his Captaincy on the Internet;
IX To provide
on the collection of Taxes in his Captaincy;
X To declare
state of Calamity and Quarantine;
XI To cause
the compliance with laws approved by the Imperial Government;
XII To perform,
under prior permission from the Imperial Council of State, changes to the:
a) Symbols
of the Hereditary Captaincy;
b) Curricula
of Schools in the Captaincy;
XIII To set
forth Holidays;
XIV To annul
Imperial Exploitation Concessions of any companies, in the territory under his
jurisdiction;
XV To inquire,
through an Edict to His Imperial Majesty, on the validity of any laws and
regulations under preparation by his Government;
Sole
Paragraph: In the absence of the Hereditary Captain, the Imperial Intervenor shall be in charge of the functions described
above, unless otherwise provided for by the Captaincy Constitution.
Article 3:
The Hereditary Captains shall be subject to legal proceedings and judicial
actions, in full compliance with the law.
Article 4: Upon
receiving the Diploma of Hereditary Captain, when performing appointments and
making official speeches on behalf of his Captaincy, the Captain must say the
following Solemn Oath, by addressing to the Imperial Flag: "I swear to defend
SSMI and His Holy Captaincy, its people, its culture, its traditions. So help
me God".
Article 5: Any
Hereditary Captain who does the following shall lose his Diploma:
I Not to
comply with nor cause the compliance with any of the provisions above;
II To lose
the trust of His Imperial Majesty;
III To either
receive or give unlawful advantages to any company or micronation;
IV To disrespect the Moral and the Honor of the Imperial Government or
His Imperial Majesty.
Title XI On the Lord Protector of the Empire
Article 1: The
Lord Protector shall be installed through Glorious Ordinances, and be a member
of the Moderating Branch. These are his exclusive duties, not subject to
different constructions:
I Chief
of Staff of the Imperial Palace of Saint-Denis, being responsible, under orders
of the Emperor, for preparing Imperial Decrees, Enacting Edicts and Glorious
Ordinances, by announcing them in the Holy name of His Imperial Majesty, after His
solemn and express approval;
II To coordinate,
through a Technical Superintendent and a freely appointed Council of Experts (ICW3),
the Official Website of the Holy Empire of Reunion on the Internet. His acts
shall be always subject to the approval of the Emperor, who may choose officers
to help and instruct the Lord Protector in his duties;
III To exercise,
on an exclusive basis, the duties of Grand Prior of the Noblest Order of the
Copper Crown, the most important decoration of the Holy Empire. The Lord
Protector shall be responsible for any matters concerning Reunian
nobility, and he can decree Edicts to change, abolish or create policies which
provide on nobiliary titles, monarchy protocol and imperial
ceremonies;
IV To administer,
either personally or through a Lord-Mayor of his choice, the Imperial Capital
City, the Royal District of Saint-Denis, with authority equal to those of Hereditary
Captains, as set forth in Title X hereof;
V To exclusively
represent the Moderating Branch in ceremonies which His Majesty is not able to
attend, and in Imperial Territories;
VI To appoint
the Chairman of the Imperial Society of Geography, being such entity in charge
of Empire maps, on a national manner;
VII To act as a mediator in conflicts among noblemen.
Article 2: The
Lord Protector of the Empire shall receive the title de His Imperial Highness, and
so he is to be addressed.
Sole
Paragraph: Such title shall cease to be used:
I When the
Lord Protector is either removed or dismissed by His Imperial Majesty;
II If the
person appointed for the position already has a high-nobility title.
Article 3: The
Lord Protector shall have a Cabinet, freely appointed by him, to help him in
all of the aspects necessary for the full compliance with his duties.
Article 4: The
Lord Protector shall enjoy a state of full Freedom of Speech, and have free
access to the plenaries of the Legislative Houses, with
authority to represent His Holy Imperial Majesty at meetings of the other three
branches, in the capacity of person in charge of the Moderating Branch.
Article 5: The
Cabinet of the Lord Protector of the Empire, in addition to any departments,
divisions and public entities which might be formed by means of edicts,
consists of the following:
I - The Imperial
Chancellery;
II The Quæx, in joint-venture with the Ministry of Defense;
III - The Imperial
Society of Geography;
IV - The District
Government of
V - The Imperial
Advisory Office of Press;
VI - The Imperial Ceremony Office.
(Article with wording given by DI 81-05)
Title XII On the Imperial Associate
Justice and his Duties
Article 1: Being
appointed through a Glorious Ordinance, the Imperial Associate Justice shall
hold the position of Head of the Reunian Judiciary
Branch, in charge of the appeal level. He should be a subject with remarkable
legal knowledge and irreproachable reputation.
Sole Paragraph:
The Imperial Associate Justice cannot be a member of any political party or
class entity in the Empire, whether legalized or not.
Article 2: The
Imperial Associate Justice is, on an exclusive manner, in charge of the
Protection of the Holy Constitution, being responsible for:
I Judging
and Deciding on:
a) common criminal infringements, at an appeal level, any
citizen, and originally Hereditary Captains and any high-grade imperial
employees, as provided for in Article Ten, Title VI of the Holy Constitution;
b) litigations
between foreign States or international bodies and the Imperial Government, the
Royal District or any of the Hereditary Captaincies;
c) homologation of foreign decisions and laws to be effective
in the Reunian territory;
d) criminal review and action to open a judgment of his judged
persons;
e) execution of decisions at causes of his original
jurisdiction, being him entitled to delegate authority to perform proceeding
acts;
f) reversal of decisions entered by any Imperial Justices;
g) validity of laws or acts of local governments, as challenged
in view of the Holy Constitution and hereof;
h) Imperial
Justices;
i) political crimes;
j) royal actions on Unconstitutionality;
k) actions of Unconstitutionality for omission;
l) the General Counsel of the Empire and Assistant Counsels.(Subparagraph included by Amendment of Aug 04, 2005)
II - **REVOKED**;
III - Receiving
declarations from legally qualified professionals, respectively enrolled with
the Imperial Confederation of Lawyers, and forward them to one of the Imperial
Justices; (Subparagraph with wording given by Amendment
of Aug 04, 2005)
IV - Judging,
at a Special Level, appeals brought against decisions entered by the Judiciary
Branches of the Captaincies, by enforcing the Captaincy law to the case at
issue, whenever it does not comply with standards contrary hereto;
V - Granting
'special license' so that a not qualified person acts in the capacity of lawyer,
always on his/her own behalf, when provenly it is not
possible to find a counsel for his/her case. Under such circumstance, the
licensee does not need to follow legal formalities inherent to law
professionals;
VI Directly
submitting to the Distinguished Imperial Council of State projects of amendment
to the Holy Constitution, related to the Judiciary Branch;
VII Directly
submitting to the Peoples Assembly of Qualicates bills
concerning the Judiciary Branch (Subparagraphs VI and VII
included by Amendment of Aug 04, 2005).
Paragraph
One: The following persons can lodge royal actions of Unconstitutionality and
actions of Unconstitutionality for omission:
I - The Imperial
Government, as represented by the Cabinets of the Premier, the Lord Protector and
the Chairman of the Distinguished Imperial Council of State;
II - The People,
through petitions with at least 40% adherence of the subjects of His Imperial
Majesty;
III - The Hereditary
Captain;
IV The Leader
of any of the political parties existing in the Empire;
V - The General
Counsel of the Empire;
VI The Director
of the Peoples Assembly of Qualicates.
Paragraph
Two: The acts of the Moderating Branch are excluded from constitutionality
control.
Article 3: The
Imperial Associate Justice has the instrument of Normative Decision, with
binding effects on the other judges, in compliance with the law. (Article with wording given by Amendment of Aug 04, 2005)
Article 4: Peoples
Laws, as entered by the Head of the Judiciary Branch, shall deal with the legal
organization.
Article 5: The
Imperial Associate Justice may administratively suspend any Imperial Justice
who does not comply with his duties, as set forth in the Justice Organization
Law. (This Title has been changed by Imperial Decree
0071-2004; articles 4 and 5 were included by Amendment of Aug 04, 2005)
Title XIII On the Quæx
Article 1: The
Quæx, as subordinated to the Moderating and Executive
Branches on a joint-venture system, has the following duties:
I To investigate
criminal infringements against the Political and Social Order or in detriment to
properties, services and interests of the Imperial Government or its public
entities and state-owned companies, as well as other infringements whose
practice has repercussions outside the Captaincy or national borders, and
demands uniform repression;
II To prevent
and repress the unlawful traffic of narcotics and similar drugs, smuggle and
illegal export;
III To perform
the duties of sea, air and border police;
IV To struggle,
whether publicly or secretly, inside or outside the Empire borders, for the
joint interests of the Empire and its foreign allies;
V To exercise,
by means of experts, the function of Imperial Censor, by using any means
necessary to fight the disclosure of information damaging to Empire interests
through the means of communication;
VI To inform
Society, on an official manner, through the Reunian
News Agency, on events occurred in the Empire;
VII To help
the Ministry of Immigration and Tourism perform its functions;
VIII To repress,
by using the necessary means, any movement damaging to the Crown, even if
initiated by the People;
Article 2: The
Quæx shall be headed by the Director General, as
appointed by the Moderating Branch.
Article 3: The
Judiciary Branch can create entities with the duties of subparagraphs I, II,
IV, VII and VIII, Article One of the Subparagraph.
Title XIV On the Ministry of Immigration,
Tourism and Environment
Article 1: The
Ministry of Immigration and Tourism, an essential function to the country, shall
be headed by a Minister appointed by the Premier, as set forth herein and the Imperial
Decree 0012-1997.
Paragraph
One: The following persons are forbidden to head this ministry:
I Those with
dual microcitizenship status;
II Those who
have been actual citizens of the Empire for less than six months;
III Those
who received a conviction from the Reunian justice,
which has become final.
Paragraph
Two: The name appointed must be of a person with irreproachable reputation and
extensive micronational experience.
Article 2: The
Ministry of Immigration and Tourism has the following exclusive duties:
I To grant
visas to enter the Empire or not, through the Passport Office, as headed by the
Minister plus three more members at his discretion;
Sole
Paragraph: **REVOKED**
II To grant,
through the Department of Tourism, as headed by an officer appointed by the Minister,
a permit to open new Hotels, Motels, Hostels, Inns and Boardinghouses in the Empire.
Such establishments shall be ranked, at the Ministrys discretion;
III To examine,
through the Immigration Office, forms of applicants to Reunian
citizenship, either by Internet or conventional mail. At least once a month,
reports are to be disclosed informing the names, e-mail, and ICQ numbers of
citizens accepted and the names and emails of citizens whose forms have been
rejected, in addition to a list of accepted and rejected citizens, described by
macronation and former micronation
(if any).
IV To cooperate
with the Ministry of Interior to the maintenance of the Chandon
List, by supplying the names and emails of applicants to citizenship, so that
they can be included in the addressee list, firstly on an temporary manner, and
then permanently.
Article 3: The
Imperial Government has the duty to ensure an ecologically balanced
environment, defend it and preserve it, both for the Reunian
people and visitors from other nations. Through the Reunian
Institute of Environment, the Ministry of Immigration and Tourism has then
authority and the duty to:
I Preserve
and restore essential ecologic processes and provide for the ecologic handling
of species and ecosystems;
II - Preserve
both diversity and integrity of the Empires genetic heritage, as well as
inspect entities intended for research and manipulation of the genetic matter;
III - Punish
infringers of rules set forth thereby, in order to ensure the perfect state of
the environment through the following punishments:
a - Nationalization
or annulment of concession or registry, in case of a privately-owned company;
b - Imprisonment,
with penalty at the Reunian Judiciary Branchs
discretion, for individuals who directly or indirectly, either in good or bad
faith, take part in environment-damaging acts. In this case, the General
Counsel of the Empire shall act as Defender of the Environment;
c Prompt demolition
of structures threatening the ecologic balance.
Title XV On the Institutions for Defense of
the Empire
Article 1: The
Imperial Armed Forces, formed by the Imperial Navy, the Imperial Army and the Imperial
Air Force, are permanent and regular institutions, organized based on hierarchy
and discipline, under the Supreme authority of the Emperor of Reunion, and they
are intended to defend the Empire and His Imperial Majesty, ensure the
compliance herewith and, by initiative of any of them, law, order, monarchic traditions,
family and property.
Article 2: The
Direct Command of the Imperial Armed Forces shall be performed by the Minister
of Defense, as appointed by the Premier, and the commander in chief, as
appointed by the Moderating Branch;
Article 3: The
Minister of Defense may decree the mandatory Military Service, as provided for
herein.
Article 4: The
Imperial Guard of Reunion is an autonomous police force, under the command of
the Executive Branch.
Article 5: The
Imperial Guard, in compliance with its Regulations, shall perform Police
Authority and open patrol all over the imperial territory, including the Viceroyalties;
it shall be responsible for investigating supposed occurrence of offenses, by
informing the pertinent bodies on the outcome assessed, as well as the
immediate compliance with Decisions entered by the Judiciary Branch.
Article 6: The
Chief Captain of the Imperial Guard of Reunion shall be appointed by the Premier
and ratified by the Imperial Crown; he should have the status of Chandon Moderator on a regular basis, and on any list of
administrative units of the Empire when so required, and he should request such
change to moderators of local lists.
Sole
Paragraph: The Episcopal Guard is a special division of the Imperial Guard, directly
subordinated to the Chief Captain, being responsible for the prompt and
exclusive compliance with decisions entered by the
(Title with wording given by DI 81-05)
Title XVI On the Premier and his Duties
Article 1: The
Executive Branch is the body which conducts politics and the public
administration.
Article 2: The
Executive Branch consists of the Premier, the Ministers and State Secretaries
and Subsecretaries.
Paragraph
One: When performing his duties, the Premier shall take full responsibility for
acts performed by himself or through his Ministers, Secretaries and Subsecretaries.
Paragraph
Two: The Executive Branch shall be seated at the
Paragraph
Three. The number, name and assignments of State ministries and secretariats, as
well as manners of coordination among them, shall be set forth by Regular
Measures, except for any cases provided for herein.
Article 3: The
Premier shall be appointed by SSMI, the Emperor, by means of an Enacting Edict,
after consulting the parties represented at the Peoples Assembly of Qualicates and considering voting results.
Sole
Paragraph: In order to be subject to appointment as Premier, it is required:
I Not to
have dual micronational citizenship;
II To be
a member of one of the existing Reunian political
parties;
III To have a portrait of his on places publicly associated with this
country, as well as accessible to any Reunian citizen.
Article 4: The
Premier and his Cabinet shall be removed only:
I At the
beginning of a new legislature;
II When the
SSMI, the Emperor, accepts a dismissal request submitted by the Premier;
III For lack
of activity by the Premier for over twenty (20) days, as certified by the APQ;
IV When the
Premierwhether voluntarily or notleaves the political party of which he was a
member;
V If the
Government program is rejected;
VI If a
motion of confidence is turned down;
VII - If a
motion of censure is approved.
Article 5: As
Head of Government, the Premier has the following duties:
I To prepare
Executive Decrees, which shall have nature of Law and perpetual effectiveness
after the approval set forth in this article. Such legislative instruments
shall be used to:
a Make changes
to the Imperial symbols;
b Perform
constitutional revisions, amendments and reforms;
c Expel citizens
deemed harmful to the Empire;
d Make changes
to the Voting System;
e - Declare
War and/or cut diplomatic relations with nations harmful to the Empire;
f Provide
on competencies and assignments of Executive Branch bodies.
Paragraph
One: Executive Decrees can be:
I Peoples,
when submitted by the Premier to be reviewed and voted by the Peoples Assembly
of Qualicates;
II
Aristocratic, when submitted by the Head of the Executive Branch to be reviewed
by the Honorable members of the Distinguished Imperial Council of State;
III Special,
when submitted to the sacred CUMPRA-SE of His Holy Imperial Majesty.
Paragraph
Two: The voting procedure in each of the Legislative Branch Houses shall comply
with the rules set forth for matters contained in such Executive Decree, including
concerning quorum and jurisdiction to review such text.
Paragraph
Three: Under any circumstance, the Premier may choose the Special Executive
Decree, being mandatory only when concerning an Amendment Project approved by
the APQ, in compliance with T17A10 of the Holy Constitution. In such cases, said
Executive Decree shall be deemed as approved through a TACIT CUMPRA-SE when the
CUMPRA-SE is delayed to be given, upon the elapse of eleven (11) days without
any statement from His Holy Imperial Majesty.
II To issue
Regular Measures which do not require sanction via CUMPRA-SE, in order to
provide on:
a Merely administrative
matters;
b Free appointment,
suspension and dismissalexcept in cases provided for hereinof members of his Cabinet,
to whom he may delegate any of his powers, being however responsible for the
outcome of such delegation;
Paragraph
One: The Imperial Chancellor shall not be part of the Cabinet of His Imperial
Excellency, rather than the Cabinet of Lord Protector, inside the Moderating
Branch.
c - **REVOKED**;
d Immediate
declaration of Intervention in any territories which have been undergoing, and
only in such specific cases, invasion, foreign aggression or attacks on the
sovereignty of the Empire. The Premier may put such territory under the
responsibility of an intervenor;
e- Declaration
of State of
f Matters
concerning the
g -Approval
or not of names submitted to him by the Minister of Immigration and Tourism, for
their later inclusion in the Empires list of citizens;
h- Filling civilian
and military positions regarded as of special regime.
III By means
of Executive Public Notice, to sanction, enact and publish bills submitted to
him by the Peoples Assembly of Qualicates;
IV To send
to the Distinguished Imperial Council of State, without power of veto
concerning the outcome achieved in that House:
a bills
on treaties and conventions with foreign nations;
b amendments, revisions and reforms to Imperial Decrees, except
for this Constitution;
c motions of confidence and unconfidence
towards officers of the Judiciary Branch, the Legislative Branch and Hereditary
Captaincies.
V To veto
or modify bills approved by the Peoples Assembly of Qualicates
and submit thereto:
a Bills on
any matter under APQs jurisdiction;
b - Amendments,
revisions and reforms hereto;
c - Projects
on new enrolment of citizens, demographic and geographic reforms;
d - Projects
on creation or termination of public positions in both the Legislative and
Judiciary Branches, by preserving vested rights.
VI Through
an Edict, consult His Imperial Majesty, by inquiring on the possibility of
whether enacting or granting a given Executive Decree or Bill.
VII Request
for the APQ to approve a Motion of Confidence on any matter pertinent to
domestic interests.
(Title changed by Executive Decree 082-2005)
Title XVII On
the Peoples Assembly of Qualicates
Article 1: The
Peoples Assembly of Qualicates, a body of peoples
sovereignty and will, the Lower Chamber of the aristocratic representative system
of
Article 2: Each
legislature shall have a term of four (4) months.
Paragraph
One: The tenures of Qualicates are indefinitely
renewable.
Paragraph
Two: **REVOKED**
Paragraph
Three: In case of resignation, impediment or removal of a Qualicate,
the party for which he has been elected shall be entitled to appoint a new
member, if there are no substitutes available anymore.
(Article with wording given by Constitutional
Amendment of July 2005, as approved by the ECIE)
Article 3:
During their tenures, Qualicates shall be provided
with relative immunity, and they may be sued only after consent for such is
voted at the plenary, except in the cases of paragraph 1 of this article.
Paragraph
One: After checking that the lawsuit does not result from essentially political
matters concerning Qualicates words and votes, the
permit from his/her peers to continue such litigation shall be dispensed with.
Paragraph
Two: In accordance with the law, Qualicates who take
the following actions shall lose their tenure:
I Disobedience
to party orders in cases of Closed Matter, except for the cases of Premier
election, when the use of such procedure is forbidden;
II Attack
on the constitutional principles which govern Reunian
society;
III Unlawful
reception or supply of information to nations which do not have diplomatic
relations with the Empire;
IV Act against
morality, good manners and conduct proper to high officers.
Article 4: The
Director-Chairman of the Peoples Assembly of Qualicates,
as elected pursuant to its Internal Regulations, shall have the same rights and
duties as his peers, but he shall be the only one to coordinate debates, count
votes, issue internal administrative measures, besides representing the Assembly
in events of any kind and at meetings with different branches.
Article 5: The
Assembly is the only responsible for:
I Providing
on its internal organization via Legislative Rescript;
II Making
revisions, amendments and reforms hereto, by sending them to the Premier;
III Preparing
laws on every infraconstitutional matter, by sending
them to be sanctioned by the Premier;
IV Submitting
inquiries to the Executive Branch on any acts thereof or the Public Administration,
and obtaining a response within no later than seven (07) days, except for what
is provided for in the law concerning State secrets;
V Changing
its seat on a temporary manner;
VI Authorizing
the Premier to leave the country for over seven (07) days;
VII Voting
motions of confidence and censure concerning the Executive Branch.
Paragraph
One- Motions of censure are related to the Premiers conduct as Head of
Government; they can be submitted only via initiative of ¼ of APQ members, and
approved by absolute majority of its members, being the use of "closed
matter" forbidden.
Paragraph
Two In case such motion of censure is turned down, its subscribers cannot
submit another one during the same tenure of the Premier.
Article 6: The
Premier of the Empire shall be responsible, before the Peoples Assembly of Qualicates, for government policies and administration, and
every State Minister shall be individually responsible for acts performed when
exercising their duties.
Sole
Paragraph: Each minister depends individually on the confidence of the Peoples
Assembly, and their conduct is a reason for a Motion of Censure to be submitted.
Article 7: After
being installed, the Premier shall go to the Peoples Assembly of Qualicates, in order to present his administration program,
and he may be accompanied by his Minister Cabinet.
Article 8: When
the impossibility to work with the Premier for the benefit of the nation is proven,
the Moderating Branch may intervene, by dissolving the Peoples Assembly and
calling elections to be performed no later than thirty (30) days, and
parliamentarians who have been part of the dissolved House may run for such
election.
Sole
Paragraph: During the period of time from the dissolution until the
installation of new Qualicates, the duties of this title
shall be performed by the Distinguished Imperial Council of State.
Article 9: The
passing of laws by the APQ shall occur always through voting, in accordance
with its Regulations, and such bill should be passed by the half plus one of
the active Qualicates.
Sole
Paragraph After the bill has been passed, it shall be forwarded to the Premier
for sanction; in case of veto, the APQ can defeat such veto through 3/4 of its
active members.
Article 10:
The passing of amendments hereto by the APQ shall occur always through voting,
in accordance with its Regulations, and such bill should be passed by 3/4 of
the active Qualicates.
Sole
Paragraph After the amendment has been passed, it shall be forwarded to the
Premier, who shall send it to the Emperor via Executive Decree; in case the Premier
vetoes it, the APQ can defeat such veto through 3/4 of its active members.
(Articles 5 through 10 with wording given by DI
0085-2005)
Title XVIII On Viceroys and their Viceroyalties
(Title
changed through Imperial Decree 0066-2003)
Article 1: Semiautonomous
Viceroyalties can be established by the Moderating Branch, as provided for
herein, under the authority of the
I Linguistic
or Cultural Independence, or historic reasons which justify its existence
outside the
II Initial
population higher than ten percent of the total active citizens of the Holy
Empire of Reunion;
III Royal
Constitution (Protocol) approved by the Moderating Branch.
Paragraph
One: Viceroyalties, semiautonomous domains, shall have the following features:
I Their Head
of State is the Emperor of the Holy Empire of Reunion;
II They do not have diplomatic autonomy, being fully subject to the
diplomatic policy in force in the Imperial Chancellery, nor political
autonomy, being thoroughly under the jurisdiction and sovereignty of the Holy
Empire of Reunion;
III They have
administrative and government autonomy, being governed hereby, as decreed by
the Moderating Branch, except when otherwise provided for herein;
IV They are
subject to the laws, decrees, ordinances, motions and resolutions of the Distinguished
Imperial Council of State, the Lord Protector Office, and other authorities at
the Imperial level;
V The authority
of Viceroys and Heads of Government in Viceroyalties are comparable to those of
Hereditary Captains, as well as their assignments and duties.
Sole
Paragraph: Due to their capacity of semicaptaincies, a
semiautonomous domain, Viceroyalties shall receive new inhabitants through
immigration procedures regulated by the Ministry of Immigration and Tourism, being
any other manner forbidden. Their citizens shall be citizens of the Holy Empire
of Reunion, being them ascribed with the same rights and dutiesincluding
political onesgiven to them hereby, entitled to movements inside the Holy
Empire, and also to change domicile, in case they so desire.
Article 2: Viceroyalties
are ruled by Viceroys appointed through Glorious Ordinances, and they shall
have the authority described in the Royal Constitution, being entitled to
delegate them at their discretion, being such legal document the one with the
highest hierarchic importance in their territory, and the provisions hereof
shall be subsidiarily enforced.
Sole
Paragraph: Viceroys represent His Holy Imperial Majesty in the royal territory,
and, upon their appointment, they should say the following Solemn Oath, by
addressing to the Imperial Flag: "I swear to defend SSMI and His
Viceroyalty, its people, its culture, its traditions. So help me God".
Article 3: A
Viceroyalty ceases existing after a decision in this sense made by pertinent
authorities, in accordance with its own Royal Constitution, and it may be
absorbed by the Holy Empire of Reunion, if this is the majority will of its
citizens, who are to be distributed among the Captaincies existing in the imperial
territory, in accordance with their will.
Article 4: For
every purpose, in case the present Title so omits, the provisions in the Title hereof
concerning Hereditary Captaincies and Hereditary Captains shall be applied.
ENACTMENT
IMPERIAL
DECREE NUMBER 01/97
The Distinguished
Imperial Council of State of the Holy Empire of
"In
view of the authority granted to Us by God and Subparagraph VIII, Article 8, Title
V of the Holy Imperial Constitution of Reunion, We hereby enact this Holy
Imperial Constitution, by swearing to comply with it, cause it to be complied
with and respect it, so help us God.
We, Cláudio I, Emperor
for Divine Grace and Acclamation of the Peoples, Defender of the Faith, hereby
grant, on the 28th day of the month August, Anno Domini 1997, Year 1 of the Empire,
Our CUMPRA-SE.
To the Distinguished Imperial Council of State:
May the Law above, as approved by US, be
complied with, for the Grace of God, as provided for in the Imperial Constitution. May it be published in the Imperial Gazette of
the Reunian News Agency.
To the Imperial Justices:
May the Law above, as approved by US, be
complied with, from now onwards, in the
His Imperial Majesty, Cláudio
I, Emperor for the Grace of God and Acclamation of the Peoples. Defender of the Faith."
THE DISTINGUISHED
IMPERIAL COUNCIL OF STATE
CONSTITUTIONAL
REVISION
IMPERIAL
DECREE NUMBER 37-1998
Premier
Pedro Aguiar hereby makes it known that His Imperial
Majesty has given His CUMPRA-SE, and the Imperial Advisory Office of Press
publishes as follows:
"In
view of the authority granted to Us by God and Subparagraph VIII, Article 8, Title
V of the Holy Imperial Constitution of Reunion, We grant this revised version
of the 1997 Holy Constitution, having been added hereto a Title dealing with a
material modification performed at the duties of the Executive Branch and some
direct democracy instruments.
We, Cláudio I, Emperor for Divine Grace and Acclamation of the
Peoples, Defender of the Faith, hereby grant, on the 26th day of the month March, Anno Domini 1998, Year 2 of the Empire, Our CUMPRA-SE, through
an Imperial Decree.
To
the Distinguished Imperial Council of State:
May
the Law above, as approved by US, be complied with, for the Grace of God, as
provided for in the Imperial Constitution. May it be
published in the Imperial Gazette of the Reunian News
Agency.
To
the Imperial Justices:
May
the Law above, as approved by US, be complied with, from now onwards, in the
His
Imperial Majesty, Cláudio I, Emperor for the Grace of
God and Acclamation of the Peoples. Perpetual Defender of the Faith, Supreme Leader
of the PIGD, Grand Duke of Le Port and Stráussia"
The Imperial Advisory Office of Press
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