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Prime-Minister: Miestrâ Schivâ
Secretary Of State: Glüc da Dhi
Bills
Statute
This is bill id#1308 (this information has no legal importance and is technical in nature.
WHEREAS the current Government considers it advisable to make the Judicial branch of government more efficient and reliable;
AND WHEREAS part of this is restoring a Court of First Instance where quick decisions can be made without having to involve the Cort pü Înalt;
AND WHEREAS we consider it inadvisable to recreate the old "Magistrate's Court", but instead to try something new;
AND WHEREAS another part of this is resolving the current situation where members of the Cort pü Înalt have no incentive to regularly be involved in Talossa, leading to lengthy delays in justice;
AND WHEREAS justice delayed is justice denied;
AND WHEREAS these are properly two different issues, but the solution chosen for the second issue depends on the first issue, and if the first is rejected we would have to figure out a better solution for the second anyway;
AND WHEREAS another part of this is resolving the current situation where members of the Cort pü Înalt have no incentive to regularly be involved in Talossa, leading to lengthy delays in justice;
AND WHEREAS justice delayed is justice denied;
AND WHEREAS these are properly two different issues, but the solution chosen for the second issue depends on the first issue, and if the first is rejected we would have to figure out a better solution for the second anyway;
AND WHEREAS El Lexhátx G is currently misnumbered, and we might as well fix that while we're at it;
BE IT ENACTED by the King, Cosâ and Senäts in Ziu assembled that:
A. Justices of the Peace
The following section be added to El Lexhátx G:
13.1. Any citizen of Talossa who has satisfied the Ministry of Justice of their knowledge of Talossan law and jurisprudence, and of their good character, may be recommended to the King to be named as a Justice of the Peace.
13.2. The Clerk of Courts shall appoint, by random selection, a Justice of the Peace to serve as a Court of First Instance for any case arising under the law of Talossa, with the exception of those cases reserved to the Cort pü Inalt by the Organic Law.
13.3. If the selected JP shall have any real or apparent conflict of interest in deciding the case, they shall recuse themselves and another shall be selected by the Clerk of Courts.
13.4. All justices of the Cort pü Inalt shall fulfil at least the same qualifications as to legal knowledge as a Justice of the Peace.
13.5. Justices of the Peace may be removed from office by the Cort pü Înalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory.
13.2. The Clerk of Courts shall appoint, by random selection, a Justice of the Peace to serve as a Court of First Instance for any case arising under the law of Talossa, with the exception of those cases reserved to the Cort pü Inalt by the Organic Law.
13.3. If the selected JP shall have any real or apparent conflict of interest in deciding the case, they shall recuse themselves and another shall be selected by the Clerk of Courts.
13.4. All justices of the Cort pü Inalt shall fulfil at least the same qualifications as to legal knowledge as a Justice of the Peace.
13.5. Justices of the Peace may be removed from office by the Cort pü Înalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory.
B. Justice Delayed is Justice Denied:
The following section be added to El Lexhátx G:
14.1.1. The Secretary of State shall accept service of any complaints or claims to the Cort pü Înalt or a Justice of the pace, on behalf of all citizens. The Secretary of State shall email notice of said complaints or claims to the concerned citizen, and affirm to the Cort that they did so on that date (the "date of service").
14.1.2 If either party in a case before the Cort fails to respond to such a notice as specified in section 14.1.1 within sixty (60) days of the date of service, the Cort may enter default judgement against that party at the request of the other party. Default judgment can only be entered for a period of three months after default.
14.2. If any Cort fails to respond to the assignment of a Case by the Clerk of Corts within fourteen (14) days, then the Clerk of Corts shall instead assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.
14.3. If any Cort fails to respond to motions or pleadings from either party within fourteen (14) days, then the Clerk of Corts shall re-assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.
14.1.2 If either party in a case before the Cort fails to respond to such a notice as specified in section 14.1.1 within sixty (60) days of the date of service, the Cort may enter default judgement against that party at the request of the other party. Default judgment can only be entered for a period of three months after default.
14.2. If any Cort fails to respond to the assignment of a Case by the Clerk of Corts within fourteen (14) days, then the Clerk of Corts shall instead assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.
14.3. If any Cort fails to respond to motions or pleadings from either party within fourteen (14) days, then the Clerk of Corts shall re-assign the case to a Justice of the Peace, or to a different Justice of the Peace, as provided above.
C. That all the existing sections of El Lexhátx G be renumbered consecutively.
Uréu q'estadra så: Miestrâ Schivâ - (MC, FREEDEMS)
Statute
This is bill id#1309 (this information has no legal importance and is technical in nature.
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WHEREAS prior to the most recent Civil Service reforms, the job descriptions of Permanent Secretaries within Ministries were to be set in law;
AND WHEREAS this was abolished as too cumbersome;
AND WHEREAS this means now there is no actual legal definition of what job descriptions actually are, except that they must be published;
AND WHEREAS this opens the possibility of future fights between Minister and PermSec;
BE IT ENACTED by the King, Cosâ and Senäts in Ziu assembled that El Lexhátx C.1.1.2, which currently reads:
1.1.2. Secretaries shall serve as the administrative chief of their respective Offices tasked with the day to day operation of the Office’s work, and/or for any other special role assigned to them when their position is created. Secretaries shall implement Government policy within the bounds of Organic and statutory law, in the manner in which they deem appropriate. The functions of all Offices and the job descriptions of their Permanent Secretaries shall be made publicly available by the relevant Ministry. (52RZ4) (53RZ2)
shall be amended by the addition of the following: Job descriptions shall be set by the Minister at the time of the appointment of a new Permanent Secretary, and during the time in office of that particular Secretary, may only be changed with the consent of that Secretary.
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Uréu q'estadra så: Miestrâ Schivâ - (MC, FREEDEMS)
Rejected by the ZIU
This is bill id#1310 (this information has no legal importance and is technical in nature.
WHEREAS In most democracies, wearing too many hats is a bad thing, but
WHEREAS Conflicts of interest become less important when the alternative is that nothing happens at all, and
WHEREAS We are currently forcing separation between roles that, by themselves, do not see very much action
THEREFORE Lex.C.1.1.3, which currently reads:
An individual may not hold the offices of Seneschal, Distáin, Justice of the Uppermost Cort, Monarch, or any cabinet portfolio while simultaneously holding an active appointment to a secretary office. In addition, any Secretaries within the Ministry of Justice may not serve as a judge in any inferior court.
is struck in full.
Uréu q'estadra så: Ian Plätschisch - (Senator, MM)