Constitution of Sancratosia

We, Cloe, by the popular and national will, Sovereign Princess of Sancratosia;

We have determined to give a Constitution, which, by Our sovereign will, is from this moment considered as the fundamental law of the State and can only be modified in the terms that We have determined.

Title I. The Principality and the public powers

Article 1.

The Principality of Sancratosia is a sovereign and independent State in the framework of the general principles of international law.

Article 2.

The territory of the Principality is inalienable.

Article 3.

The executive power belongs to the authority of the Princess.

The person of the Princess is inviolable.

Article 4.

The legislative power is exercised by the Princess and the National Council.

Article 5.

The judicial power is exercised by the Courts.

Article 6.

The separation of the administrative, legislative and judicial functions is assured.

Article 7.

The Princely flag is composed of the Coat of arms of the House of Sancratosia on a white field.

The National flag is composed of four horizontal bands quartered and alternating red and white.

Article 8.

The National coat of arms is composed of the Coat of arms of the House of Sancratosia.

Article 9.

The Lingua Franca Nova is the official language of the State.

The usage of French and English is recognized by the State.

Title II. The Princess and the devolution of the Crown

Article 10.

The transfer of the Crown, initiated by the death or the renunciation, operates in the direct and proper descendants by right of the Princess regnant, by order of primogeniture.

The transfer of the Crown, can only by operated to the benefice of a person which has the Sancratosian nationality on the day of the initiation of the transfer.

The regulations of the application of the present article is fixed, if need be, by the statutes of the Sovereign Family, decided by Sovereign Ordinance.

Article 11.

For the exercise of the sovereign powers, the age of majority is fixed at 18.

The organization and the conditions of the exercise of the Regency during the minority of the Princess or in the case of impossibility of the exercise of its functions is fixed by the statutes of the Sovereign Family.

Article 12.

The Princess exercises her sovereign authority in conformance with the terms of the Constitution and the laws.

Article 13.

The Princess represents the Principality in the relations with foreign nations.

Article 14.

After consultation of the Crown Council, the Princess signs and valid the international treaties and agreements. She transmits them to the National Council, by the intermediate of the Minister of State, after their validation.

Nonetheless, can only be valid by authority of a law :

A. The international treaties and agreements affecting the constitutional organization;
B. The international treaties and agreements of which the validation implies the modification of existing legal terms;
C. The international treaties and agreements which implies the membership of the Principality to an international organization of which the functioning implies the participation of members of the National Council.
D. The treaties and agreements of which the execution has for effect the creation of a financial charge relating to expenses of which the destination is not foreseen by the law of the budget.

The foreign policy of the Principality shall be the object of an annual report prepared by the Government and transmitted to the National Council.

Article 15.

After consultation of the Crown Council, the Princess exercise the right of pardon and amnesty, as well as the right of citizenship and of nationality.

Article 16.

The Princess gives the orders, titles and other distinctions.

Title III. The freedoms and fundamental rights

Article 17.

The Sancratosians are equals before the law. There are no advantages between them.

Article 18.

The law regulates the modalities of the acquisition of the nationality. The law regulates the conditions in which the nationality obtained by naturalization can be retired.

Article 19.

The freedom and individual security are guaranteed. No one can be prosecuted but in the conditions foreseen by the law, before a judge which it nominates and in the forms that it prescribes.

Article 20.

No condemnation can be instituted neither be applied but by the authority of the law.

The criminal laws must guarantee the respect of the person and the human dignity. No one can be submitted to cruel, inhuman or degrading treatments.

The criminal laws cannot have a retroactive effect.

Article 21.

The home is inviolable. No visit in the home can be made but in the conditions foreseen by the law and in the conditions that it prescribes.

Article 22.

Everyone has the right to the respect of their private and familial life and to the secret of their correspondence.

Article 23.

The liberty of cults, that of their public exercise, as well as the freedom to manifest their opinions on every matters is guaranteed, with the exception of the repression of crimes committed in the occasion of the usage of this freedoms.

No one can be constrained to participate in acts or rites of a cult nor to observe its days of rest.

Article 24.

The propriety is inviolable. No one can be deprived of their property but by cause of public utility legally noted and in exchange of a just compensation, established and paid in the conditions foreseen by the law.

Article 25.

The right to work is guaranteed. Its exercise is regulated by the law.

The priority is assured to Sancratosians in the accession of public and private employments, in the conditions foreseen by the law and the international norms.

Article 26.

Sancratosians have the right to the help from the State in the cases of unemployment, sickness, handicap, old age and maternity, in the conditions and forms foreseen by the law.

Article 27.

Sancratosians have the right to free instruction, in the conditions and forms foreseen by the law.

Article 28.

Everyone can defend the rights and interests of their profession or of its functions by union action.

The right to strike is recognized, in the framework of the laws which regulates it.

Article 29.

Sancratosians have the right to reunite peacefully, in conformance with the laws which can regulate the exercise of this right without the need to present it first to an authority.

Article 30.

The freedom of association is guaranteed in the framework of the laws which regulates it.

Article 31.

Each person can address petitions to the public authorities.

Article 32.

The foreigners benefit in the Principality of all the public and private rights which are not formally reserved to citizens.

Title IV. The public domain and the public finances

Article 33.

The public domain is inviolable and unprescribed.

The abandonment of a public good can only be pronounced by a law. It enters the abandoned good in the private domain of the State or the Municipality, depending of the case.

The composition of the system of the public domain is determined by law.

Article 34.

The goods of the Crown are assigned to the exercise of the Sovereignty.

They are inalienable and unprescribed.

Their composition and their system is determined by the statutes of the Sovereign Family.

Article 35.

The property goods or rights belonging to the private domain of the State can only be alienable if conform to the law.

Article 36.

The abandoned goods and those without an owner are of the private domain of the State.

Article 37.

The national budget is composed of all the public revenues and expenses of the Principality.

Article 38.

The national budget express the economical and financial politics of the Principality.

Article 39.

The budget is the object of a project of law. It is voted and promulgated in the form of a law.

Article 40.

The expenses of the Sovereign House and those of the Princely Palace are fixed by the budget law and are taken in priority on the general revenues of the budget.

Article 41.

The surplus of the revenues on the expenses, noted after the execution of the budget and the closure of the accounts, is deposited in a constitutional reserve.

The surplus of the expenses is covered by taking on the same account, as determined by law.

Article 42.

The control of the financial management is assured by a Superior Commission of the Accounts.

Title V. The Government

Article 43.

The government is exercised, on the authority of the Princess, by a Minister of State, helped with a Government Council.

Article 44.

The Minister of State represents the Princess. They exercise the administration of the executive services. They possess the public force. They preside, with a deciding vote, the Government Council.

Article 45.

The Sovereign Ordinances are discussed in Government Council. They are presented to the Princess under the signature of the Minister of State; they mention the discussions which concerns them. They are signed by the Princess; the signature of the Princess gives them force of execution.

Article 46.

Is exempted from the discussion in Government Council and of the presentation by the Minister of State, the Sovereign Ordinances:

A. Relative to the statutes of the Sovereign Family as well as those that concern its members;
B. Concerning the affairs pertaining to the Department of Justice;
C. Concerning the nomination of members of the Sovereign Family, the members of the diplomatic corps, the Minister of State, the Government Councillors and the associated officers, of magistrates of the judicial order;
D. Attributing the authorization to consuls;
E. Concerning the dissolution of the National Council;
F. Granting the honorific distinctions.

Article 47.

The Ministerial Decrees are discussed in Government Council and are signed by the Minister of State; they mention the discussions which concerns them. They are transmitted to the Princess in the twenty-four hours of their signature and do not become executive until the absence of expressed opposition by the Princess in the ten days following their transmission by the Minister of State. Nevertheless the Princess can make known to the Minister of State that she has no intention to use of Her right of opposition for certain decrees or categories of decrees. These will take force of execution on the moment of their signature by the Minister of State.

Article 48.

Excepting contradicting legislative terms, the assignation of the competences between the Sovereign Ordinances and the Ministerial Decrees is determined by Sovereign Ordinance.

Article 49.

The discussions in Government Council are object to notes of reunion inscribed in a special archive and signed, after the vote, by the members present. The notes of reunion mention the vote of each member. It is transmitted in the five days from the reunion to the Princess, Who can make opposition in the conditions prescribed in article 47 above.

Article 50.

The Minister of State and the Government Councillors are responsible before the Princess and the governance of the Principality.

Article 51.

The fundamental duties, rights and guarantees of the officers, as well as their civil and penal responsibilities, is fixed by law.

Title VI. The State Council

Article 52.

The State Council is mandated to give its advice on the projects of laws and the Ordinances presented for their examination by the Princess.

It can equally be consulted on all other projects.

Its organization and functions are determined by Sovereign Ordinance.

Title VII. The National Council

Article 53.

The National Council is composed of, no more than, twelve members elected for 1 year by the universal and direct vote by list in the conditions foreseen by the law.

Are electors, in the conditions fixed by law, the citizens of Sancratosian nationality mature of sixteen years, excepted those who are deprived of the right to vote by one of the cases foreseen by the law.

Article 54.

Are eligible the electors of Sancratosian nationality, mature of sixteen years completed, possessing the Sancratosian citizenship for the last month minimum and which are not deprived of their eligibility by on the cases foreseen by the law.

The law determines the functions of which the exercise is mutually exclusive with the functions of member of the National Council.

Article 55.

The control of the normality of the vote is conferred to the courts, in the conditions foreseen by the law.

Article 56.

The members of the National Council do not engage neither civil or penal responsibility by the cause of their opinions or their vote emitted by them in the exercise of their functions.

No one can be, without the authorization of the Council be prosecuted or arrested during a session because of a criminal infraction, except in the case of flagrant crime.

Article 57.

The newly elected National Council reunites in the eleven days after the election to elect its office. The oldest Councillor presides this sitting.

Article 58.

The National Council reunites in full right, each year in two ordinary sessions.

The first session starts on the first Monday of the month of March.

The second session starts on the first Monday of the month of September.

The duration of each session cannot exceed three months. The closure is pronounced by the President of the National Council.

Article 59.

The National Council reunites in extraordinary session, either on convocation of the Princess, either, at the demand of two-thirds of its members, on convocation of its President.

Article 60.

The office of the National Council is composed of a President and a Vice-President elected each year by the assembly among its members.

The functions of Mayor is mutually exclusive with the charge of President and of Vice-President of the National Council.

Article 61.

On the reservation of the constitutional conditions and, in the corresponding cases, legislative, the organization and the functioning of the National Council is determined by the internal regulations decided by the Council. This regulation must, before its usage, be submitted to the Supreme Court, which pronounces itself on its conformity to the constitutional terms and, in the corresponding cases, legislative.

Article 62.

The National Council decides of its agenda. It is communicated and announced in advance to the Minister of State at least three days before. At the demand of the Government, one of two sittings minimum must be dedicated to the discussion of projects of law submitted by the Princess. Nevertheless, the agenda of the extraordinary sessions convened by the Princess is fixed in the convocation.

Article 63.

The sittings of the National Council are public.

Nevertheless, the Council can decide, at the majority of two-thirds of the members present, to consent to the absence of the public.

The compilation of the public sittings is published in the “Jornal de Sancratosia”.

Article 64.

The Princess can communicate with the National Council by messages which are read by the Minister of State.

Article 65.

The Minister of State and the Government Councillors have their assigned places in sittings of the National Council.

When they ask, they have to be heard.

Article 66.

The law implies the accord of the wills of the Princess and the National Council.

The initiation of the law belongs to the Princess.

The discussion and the vote of the laws belongs to the National Council.

The promulgation of the laws belongs to the Princess, Who gives them obligatory force by their promulgation.

Article 67.

The Princess signs the projects of law. These projects are presented to Her by the Government Council under the signature of the Minister of State. After the approbation of the Princess, the Minister of State depose them on the office of the National Council.

The National Council can have the power to make proposals of laws.

In a delay of six months beginning with the date of reception of the proposition of law by the Minister of State, they make it known to the National Council:

A. Either the decision to change the proposal of law, eventually amended, in a project of law which follow the procedure foreseen in the paragraph 1. In which case, the project is deposited in a delay of one year starting from the expiration of the delay of six months.
B. Either the decision to stop the legislative process. This decision is explained by a declaration inscribed of right in the agenda of a public sitting of the ordinary session expected in this delay. This declaration can be followed by a debate.

In the hypothesis where, at the expiration of the delay of six months, the Government has not made know the follow up reserved to the proposal of law, this is, conforming to the paragraph 1, transformed of full right in a project of law.

The same process is applied in the hypothesis that the Government does not advance the project of law in the delay of one year concerned in the paragraph 2 a).

The National Council dispose of the right to modification. At this title, it can propose to affixing, to substitute and to suppress in the project of law. Are not accepted but the modifications which have a direct link with the other dispositions of the project of law of which it reports to. The vote intervenes on the project of law eventually amended, except for the power of the Government to retire a project of law before the final vote.

Nevertheless, the dispositions of the preceding paragraph are not applicable to the project of laws of the authorization of the ratification or the project of law of the budget.

In the beginning of each ordinary session, the National Council make known, through a public meeting, the state of the examination of all projects of law deposited by the Government, whatever their date of submission.

Article 68.

The Princess give the necessary Ordinances for the execution of the laws and for the enforcement of the international treaties and accords.

Article 69.

The Laws and the Sovereign Ordinances cannot be opposed by thirds but starting from the next day following their publication in the “Jornal de Sancratosia”.

Article 70.

The National Council votes on the budget.

No direct or indirect contribution can be established but by a law.

Every international treaty and accord having for effect the establishment of such a contribution can no be validated but motivated by a law.

Article 71.

The project of the budget is presented to the National Council no latter than 30 September.

The law of the budget is voted during the autumn session of the National Council.

Article 72.

The budget is voted chapter by chapter. The changes from a chapter to another is not permitted, excepting in the cases permitted by the law.

The budget is composed of, in its expenses, the sum which is at the disposition of the Municipal Council for the future exercise, conforming to the article 87.

Article 73.

In the cases where vote on the credits demanded by the Government, conforming to the article 71 has not intervened before 31 December, the credits conforming to the services voted can be opened by Sovereign Ordinance, following the hearing of the State Council.

It is the same for the revenues and expenses resulting from international treaties.

Article 74.

The Princess can, after having considered the advice of the Crown Council, pronounce the dissolution of the National Council.

In this case, it is proceeded of new elections in a delay of three months.

Title VIII. The Crown Council

Article 75.

The Crown Council is composed of three members of Sancratosian nationality, nominated for a duration of one year by the Princess.

The President and one other member is freely nominated by the Princess.

The other member is nominated on presentation by the National Council outside of its members.

The functions of Minister of State and Government Councillor is mutually exclusive with those of President or member of the Crown Council.

Article 76.

The Crown Council reunites at least twice a year on convocation by the Princess. The Princess can, ever more, convene it whenever that She considers it necessary, either of Her own initiative, either on the suggestion of the President of the Crown Council.

Article 77.

The Crown Council can be consulted by the Princess on the questions concerning the superior interests of the State. It can present to the Princess suggestions. It is obligatorily consulted on the following matters: international treaties, dissolution of the National Council, demands of naturalization and reintegration, pardon and amnesty.

Title IX. The Municipality

Article 78.

The territory of the Principality forms one single municipality.

Article 79.

The Municipality is administered by an office composed of a Mayor and assistants, nominated by the Municipal Council among its members.

Article 80.

The Municipal Council is composed of, at most, six members, elected for 1 year by the universal and direct vote by list.

There are no incompatibilities existing between the charge of Municipal Councillor and that of National Councillor.

Article 81.

The Municipal Council reunites in every three months in ordinary session. The duration of each session cannot exceed fifteen days.

Article 82.

Extraordinary session can be held, at the demand or with the authorization of the Minister of State, for the determined matters.

Article 83.

The Municipal Council can be dissolve by a motivated Ministerial Decree , after the advice of the State Council.

Article 84.

In the case of dissolution or of resignation of every members of the Municipal Council, a special delegation is charged, by a ministerial decree, to complete its functions until the election of new Council. It is proceeded to this election in the three months.

Article 85.

The Municipal Council is presided by the Mayor or, by default, by the Vice-Mayor or the Councillor which substitutes them, following the order of the table.

Article 86.

The Municipal Council discusses in public sittings on the affairs of the Municipality. Their discussion is executive fifteen days after communication to the Minister of State, excepting the motivated opposition in the form of a ministerial decree.

Article 87.

The municipal budget is fed by the revenues of the municipal properties, the ordinary resources of the Municipality and the financial donation inscribed in the law of the earlier yearly budget.

Title X. The Justice

Article 88.

The judicial power belongs to the Princess Who, by the present Constitution, delegates its full exercise to the Courts. The courts give the justice in the name of the Princess.

The autonomy of the judges is guaranteed.

The organization, the competence and the functioning of the courts, as well as the statutes of the judges, is fixed by the law.

Article 89.

The Supreme Court is composed of three titular members.

The members of the Supreme Court are nominated by the Princess, knowing:

A. One titular member presented by the National Council outside of its members;
B. One titular member presented by the State Council outside of its members;
C. One titular member presented by the Crown Council outside of its members;

This presentation is made by each corps mentioned above at reason of two by seat.

If the Princess is not pleased by these presentations, it is Her pleasure to demand for new ones.

The President of the Supreme Court is nominated by the Princess.

Article 90.

A. In constitutional matters, the Supreme Court has supreme decision:

1. On the conformity of the internal regulations of the National Council to the constitutional dispositions and, in the corresponding cases, legislative, in the conditions foreseen at the article 61;
2. On the demands in repeal, in the evaluation of the validity and of indemnity having for object a menace to the freedoms and rights dedicated by the Title III of the Constitution, and which are not concerned at the paragraph B of the present article.

B. In administrative matters, the Supreme Court has supreme decision:

1. On the demands in repeal for the exercise of power formed against the decisions of the diverse administrative authorities and of the Sovereign Ordinances adopted for the execution of the laws, as well as the donation of indemnity which results from it.
2. On the demands in cancellation formed against the decisions of the administrative jurisdictions deciding in last necessity;
3. On the demands in interpretation and demands in evaluation of the validity of the decisions of the diverse administrative authorities and of the Sovereign Ordinances adopted for the execution of the laws.

C. The Supreme Court decides on the conflicts of legal competences.

Article 91.

The Supreme Court discusses, either in plenary assembly of three members, either in administrative sections of two members.

It sits and discuss in plenary assembly:

A. In constitutional matters;
B. As judge of the conflicts of competences;
C. In administrative matters on reference by the President of the Supreme Court or decision by an administrative section.

It sits and discuss in administrative section in every other cases.

Article 92.

A Sovereign Ordinance fixes the organization and the functioning of the Supreme Court notably the statutes of the necessary aptitudes of its members, the functions mutually exclusive concerning them as well as their statutes, the rotation of its members of the administrative section, the procedural model before the Court, the effects of the demands and the decisions, the process and the effects of the conflicts of competences, as well as the necessary transitional measures.

Title XI. Revision of the Constitution

Article 93.

The Constitution can not be the object of no measure of suspension.

Article 94.

The total or partial revision of the present Constitution is subordinated to the common accord of the Princess and the National Council.

Article 95.

In the case of the initiation by the National Council, the discussion must be taken at the majority of the two-thirds of the operating members of the assembly.

Title XII. Final dispositions

Article 96.

The present Constitution enters in force as soon as it is published.