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| The '''{{PAGENAME}}''' was adopted by the people of [[Sanama]] in a referendum on 24.VI.1679. | | The '''{{PAGENAME}}''' was adopted by the people of [[Sanama]] in a referendum on 24.VI.1679. It was superseded by the new constitution on 1.I.1687. |
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| ==Outline== | | ==Outline== |
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| *Draft of provincial borders (Highpass territory marked in grey): | | *Draft of provincial borders (Highpass territory marked in grey): |
| [[File:Fsa_provinces.png]] | | [[File:Fsa_provinces.png]] |
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| ==Federal Constitution of Sanama==
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| ===Preamble===
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| On 14.IV.1679 forces within the military regime with support from our friends and reflecting the deepest feelings of the Sanaman people by overthrowing the fascist regime.
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| Freeing Sanama from dictatorship and oppression represented a crucial step in the continued success of the Sanaman peoples and the Sanaman state that began in 1671 with independence from the yoke of colonialism.
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| The revolution restored fundamental rights and freedoms to the peoples of Sanama. In the exercise of those rights and freedoms, the people's legitimate representatives are gathered to draw up a Federal Constitution that matches the country's aspirations.
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| The interim government affirms the Sanaman peoples' decision to defend national independence, guarantee citizens' fundamental rights, establish the basic principles of democracy, ensure the primacy of a democratic state based on the rule of law and open up a path towards a just society, with respect for the will of the Sanaman peoples and with a view to the construction of a country that is freer, more just and more fraternal.
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| After the outline for a constitution was approved by the electorate in 24.VI.1679, the interim government hereby proclaims and ordains the following Federal Constitution of Sanama:
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| ===TITLE I. Fundamental rights===
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| '''Article . Human dignity'''
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| Human dignity must be respected and protected.
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| '''Article . Equality before the law'''
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| Every person is equal before the law. No person may be discriminated against, in particular on grounds of origin, race, gender, gender identity, sexual orientation, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
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| '''Article . Gender equality'''
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| Men and women have equal rights. The law shall ensure their equality, both in law and in practice. Men and women have the right to equal pay for work of equal value.
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| '''Article . Non-arbitrary state action'''
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| Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
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| '''Article . Proportionality of criminal penalties'''
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| Every person has the right to life. The death penalty is prohibited. Criminal penalties shall be proportional to the severity of the crime committed, and be aimed towards rehabilitation and the protection of society.
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| '''Article . Personal liberty'''
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| Every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
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| '''Article . Prohibition against torture'''
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| Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
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| '''Article . Right to privacy'''
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| Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.
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| '''Article . Freedom of religion and conscience'''
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| Freedom of religion and conscience is guaranteed. Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others. Every person has the right to join or to belong to a religious community, and to follow religious teachings. No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
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| '''Article . Freedom of expression and information'''
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| Freedom of expression and of information is guaranteed. Every person has the right freely to form, express, and impart their opinions. Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
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| '''Article . Freedom of the media'''
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| Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed. Censorship is prohibited. The protection of sources is guaranteed.
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| '''Article . Freedom of language'''
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| The freedom to use any language is guaranteed.
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| '''Article . Right to education'''
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| The right to an adequate and free basic education is guaranteed.
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| '''Article . Freedom of assembly'''
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| Freedom of assembly is guaranteed. Every person has the right to organise meetings and to participate or not to participate in meetings.
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| '''Article . Freedom of association'''
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| Freedom of association is guaranteed. Every person has the right to form, join or belong to an association and to participate in the activities of an association. No person may be compelled to join or to belong to an association.
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| '''Article . Freedom of movement'''
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| Sanaman citizens have the right to establish their domicile anywhere in the country. They have the right to leave or to enter Sanama.
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| '''Article . Freedom from exile and extradition'''
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| Sanaman citizens may not be expelled from Sanama and may only be extradited to a foreign authority with their consent. Refugees may not be deported or extradited to a state in which they will be persecuted. No person may be deported to a state in which they face the threat of torture, the death penalty, or any other form of cruel or inhumane treatment or punishment.
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| '''Article . Right to own private property'''
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| The right to own private property is guaranteed.
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| '''Article . Economic freedom'''
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| Economic freedom is guaranteed. Economic freedom includes in particular the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
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| '''Article . Rights of employers and employees'''
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| Employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations. Disputes must wherever possible be resolved through negotiation or mediation. Strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.
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| '''Article . Equality in judicial and administrative proceedings'''
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| Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time. Each party to a case has the right to be heard. Any person who does not have sufficient means has the right to free legal advice and assistance. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court. In a legal dispute, every person has the right to have their case determined by a judicial authority.
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| '''Article . Right to impartial court'''
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| Any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent and impartial court. Ad hoc courts are prohibited.
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| '''Article . Public court proceedings'''
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| Unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.
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| '''Article . Freedom from arbitrary detention'''
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| No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law. Any person deprived of their liberty has the right to be notified without delay and in a language they can understand of the reasons for their detention and of their rights. They must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.
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| '''Article . Right to recourse to court'''
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| Any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as possible on the legality of their detention.
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| '''Article . Presumption of innocence'''
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| Every person is presumed innocent until they have been found guilty by a legally enforceable judgment. Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence. Every convicted person has the right to have their conviction reviewed by a higher court, with the exception of cases in which the Federal Supreme Court sits at first instance.
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| '''Article . Right to petition'''
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| Every person has the right, without prejudice, to petition the authorities. The authorities must acknowledge receipt of such petitions.
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| '''Article . Duty to uphold fundamental rights'''
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| Fundamental rights must be upheld throughout the legal system. Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation. The authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.
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| '''Article . Restrictions on fundamental rights'''
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| Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in a federal act. The foregoing does not apply in cases of serious and immediate danger where no other course of action is possible. Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others. Any restrictions on fundamental rights must be proportionate. The essence of fundamental rights is not to be violated.
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| '''Article . Citizenship'''
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| Any person who is a citizen of Sanama is also a citizen of the province, canton and local authority where they reside.
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| '''Article . Citizenship law'''
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| The Federation shall regulate the acquisition, deprivation and restoration of Sanaman citizenship.
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| '''Article . Legislation on political rights'''
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| The Federation shall regulate the exercise of political rights in federal matters, and the provinces shall regulate their exercise in cantonal and local matters. Political rights are exercised in the local authority in which a citizen resides, although the Federation and the provinces may provide for exceptions. No person may exercise their political rights contemporaneously in more than one province.
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| '''Article . Rights of Sanamans abroad'''
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| The Federation shall legislate on the rights and obligations of the Swiss abroad, in particular in relation to the exercise of political rights in the Federation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security.
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| ===TITLE II. The federation and the provinces===
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| '''Article . Constitutional principles'''
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| The Democratic Federation of Sanama is a democratic and social federal state. All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies. The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice.
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| '''Article . Right to resistance'''
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| All Sanamans shall have the right to resist any person seeking to abolish this constitutional order if no other remedy is available.
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| '''Article . Political parties'''
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| Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds.
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| Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the Democratic Federation of Sanama shall be unconstitutional. The Supreme Court shall rule on the question of unconstitutionality.
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| Details shall be regulated by federal laws.
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| '''Article . Federal capital and flag'''
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| Sanama City is the capital of the Democratic Federation of Sanama.
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| The federal flag shall be yellow, green, red and black.
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| '''Article . Transfer of sovereign powers'''
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| The Federation may, by law, transfer sovereign powers to international organisations.
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| With a view to maintaining peace, the Federation may enter into a system of mutual collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a lasting peace in Benacia and among the nations of the world.
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| '''Article . Production of weapons'''
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| Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details shall be regulated by a federal law.
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| '''Article . Provincial constitutions'''
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| The constitutional order in the provinces must conform to the principles of a republican, democratic and social state governed by the rule of law within the meaning of this Constitution. In each province, canton and municipality the people shall be represented by a body chosen in general, direct, free, equal and secret elections. In province and municipal elections, persons who possess the citizenship
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| of any member state of the South Benacian Community are also eligible to vote and to be elected. In municipalities a local assembly may take the place of an elected body.
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| Municipalities must be guaranteed the right to regulate all local affairs on their own responsibility within the limits prescribed by the laws. Within the limits of their functions designated by a law, associations of municipalities shall also have the right of self-government in accordance with the laws. The guarantee of self-government shall extend to the bases of financial autonomy; these bases shall include the right of municipalities to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed.
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| The Federation shall guarantee that the constitutional order of the provinces conforms to the basic rights and to the provisions of the first and second paragraphs of this Article.
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| '''Article . Change in the delimitation of federal territory'''
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| The border between provinces, or the creation of a new province from existing provinces, may be changed or affected only through decision by the government of the provinces involved, and the consent of a majority of electors voting in the concerned provinces in referendum.
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| The addition of new provinces must be approved by a two-thirds majority of existing provinces.
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| Territory not within any province shall be organised as a federal territory by the federal government. The federal government holds ultimate authority over all matters concerning a federal territory.
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| '''Article . Sovereign powers of the provinces'''
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| Except as otherwise provided or permitted by this Constitution, the exercise of state powers and the discharge of state functions is a matter for the provinces.
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| '''Article . Supremacy of federal law'''
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| Federal law shall take precedence over provincial law.
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| '''Article . Foreign relations'''
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| Relations with foreign states shall be conducted by the Federation. Before the conclusion of a treaty affecting the special circumstances of a province, that province shall be consulted in a timely fashion.
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| '''Article . Equal citizenship'''
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| Every Sanaman shall have in every province the same political rights and duties.
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| '''Article . Legal and administrative assistance'''
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| All federal and provincial authorities shall render legal and administrative assistance to one another.
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| In order to maintain or restore public security or order, a province in particularly serious cases may call upon personnel and facilities of the federal government to assist its police when without such assistance the police could not fulfill their responsibilities, or could do so only with great difficulty. In order to respond to a grave accident or a natural disaster, a province may call for the assistance of police forces of other province or of personnel and facilities of other administrative authorities, of the Armed Forces or of the federal police.
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| '''Article . Federal execution'''
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| If a province fails to comply with its obligations under this Constitution or other federal laws, the Federal Government, with the consent of the Federal Congress, may take the necessary steps to compel the province to comply with its duties.
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| For the purpose of implementing such coercive measures, the Federal Government or its representative shall have the right to issue instructions to all provinces and their authorities.
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| ===TITLE III. Llusan===
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| '''Article . Elections'''
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| Members of the Llusan shall be elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people, not bound by orders or instructions and responsible only to their conscience.
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| Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected.
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| Details shall be regulated by a federal law.
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| '''Article . Electoral term'''
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| Save the following provisions, the Llusan shall be elected for three years. Its term shall end when a new Llusan convenes. If the Llusan is dissolved, new elections shall be held within sixty days. The Llusan elected after a midterm dissolution serves the remainder of the regular term. The Llusan shall not be dissolved within six months after an election and within six months before an election.
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| The Llusan shall convene no later than the thirtieth day after the elections.
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| The Llusan shall determine when its sessions shall be adjourned and resumed. The Speaker of the Llusan may convene it at an earlier date. He shall be obliged to do so if one third of the Members or the President so demand.
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| '''Article . Presidency'''
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| The Llusan shall elect its Speaker, Deputy Speakers and secretaries. It shall adopt rules of procedure.
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| The Speaker shall exercise proprietary and police powers in the Llusan building. No search or seizure may take place on the premises of the Llusan without his permission.
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| '''Article . Scrutiny of elections'''
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| Scrutiny of elections shall be the responsibility of the Llusan. It shall also decide whether a Member has lost his seat.
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| Complaints against such decisions of the Llusan may be lodged with the Supreme Court.
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| Details shall be regulated by a federal law.
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| '''Article . Public sittings and majority decisions'''
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| Sittings of the Llusan shall be public. On the motion of one tenth of its Members, or on the motion of the Federal Government, a decision to exclude the public may be taken by a two-thirds majority. The motion shall be voted upon at a sitting not open to the public.
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| Decisions of the Llusan shall require a majority of the votes cast unless this Constitution otherwise provides. The rules of procedure may permit exceptions with respect to elections to be conducted by the Llusan.
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| Truthful reports of public sittings of the Llusan and of its committees shall not give rise to any liability.
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| '''Article . Plenary rights'''
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| The Llusan and its committees may require the presence of any member of the Federal Government.
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| The members of the Llusan and of the Federal Government as well as their representatives may attend all sittings of the Llusan and meetings of its committees. They shall have the right to be heard at any time.
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| '''Article . Committees of inquiry'''
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| The Llusan shall have the right, and on the motion of one quarter of its Members the duty, to establish a committee of inquiry, which shall take the requisite evidence at public hearings. The public may be excluded.
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| The rules of criminal procedure shall apply to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.
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| Courts and administrative authorities shall be required to provide legal and administrative assistance.
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| The decisions of committees of inquiry shall not be subject to judicial review. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation.
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| '''Article . Immunities of members'''
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| At no time may a Member be subjected to court proceedings or disciplinary action or otherwise called to account outside the Llusan for a vote cast or a remark made by them in the Llusan or in any of its committees. This provision shall not apply to defamatory insults.
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| A Member may not be called to account or arrested for a punishable offence without permission of the Llusan unless he is apprehended while committing the offence or in the course of the following day.
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| The permission of the National Assembly shall also be required for any other restriction of a Member’s freedom of the person.
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| '''Article . Right of refusal to give evidence'''
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| Members may refuse to give evidence concerning persons who have confided information to them in their capacity as Members of the Llusan or to whom they have confided information in this capacity and to give evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.
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| '''Article . Candidature'''
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| Every candidate for election to the Llusan shall be entitled to the leave necessary for his election campaign.
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| No one may be prevented from accepting or exercising the office of Member of the Llusan. No one may be given notice of dismissal or discharged from employment on this ground.
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| Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.
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| ===TITLE IV. Senate===
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| '''Article . Functions'''
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| The Senate shall participate in the federal legislative process together with the Llusan. The Senate shall also perform the other duties assigned to it by this Constitution and other federal laws.
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| '''Article . Selection'''
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| The legislature of each province shall select nine members to serve in the Senate, in proportion to the party balance in the provincial legislature. They shall serve without direction from the provincial legislature or government.
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| Details shall be regulated by a federal law.
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| '''Article . Electoral term'''
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| The senators selected by the provincial legislatures shall serve during the life of their provincial legislature.
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| The Senate shall convene no later than the thirtieth day after the elections.
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| The Senate shall determine when its sessions shall be adjourned and resumed. The President of the Senate may convene it at an earlier date. He shall be obliged to do so if one third of the Members or the President so demand.
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| '''Article . Attendance of members of the Federal Government'''
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| The members of the Federal Government shall have the right, and on demand the duty, to participate in meetings of the Senate and of its committees. They shall have the right to be heard at any time. The Senate shall be kept informed by the Federal Government with regard to the conduct of its affairs.
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| ===TITLE V. Legislative process===
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| '''Article . Division of powers between the Federation and the provinces'''
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| The provinces shall have the right to legislate insofar as this Constitution does not confer legislative power on the Federation.
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| The division of authority between the Federation and the provinces shall be governed by the provisions of this Constitution.
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| '''Article . Exclusive legislative power of the Federation'''
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| On matters within the exclusive legislative power of the Federation, the provinces shall have power to legislate only when and to the extent that they are expressly authorised to do so by a federal law.
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| '''Article . Federal exclusive legislative power'''
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| The Federation shall have exclusive legislative power with respect to:
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| a) Foreign affairs and defence, including protection of the civilian population;
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| b) Citizenship in the Federation;
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| c) Freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;
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| d) Currency, money and coinage, weights and measures, and the determination of standards of time;
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| e) The unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection;
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| f) Safeguarding Sanaman cultural assets against removal from the country;
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| g) Air transport;
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| h) The operation of railways wholly or predominantly owned by the Federation (federal railways), the construction, maintenance and operation of railway lines belonging to federal railways and the levying of charges for the use of these lines;
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| h) Postal and telecommunications services;
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| i) The legal relations of persons employed by the Federation and by federal corporations under public law;
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| j) Industrial property rights, copyrights and publishing;
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| k) Protection by federal law enforcement agencies against the dangers of international terrorism when a threat transcends the boundary of one province, when responsibility is not clearly assignable to the police authorities of any particular province or when the highest authority of an individual province requests the assumption of federal responsibility;
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| l) Cooperation between the Federation and the provinces concerning
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| 1) Criminal police work,
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| 2) Protection of the free democratic basic order, existence and security of the Federation or of a province (protection of the constitution), and
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|
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| m) Protection against activities within the federal territory which, by the use of force or preparations for the use of force, endanger the external interests of the federation, as well as the establishment of federal law enforcement agencies and international action to combat crime;
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| n) Statistics for federal purposes;
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|
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| p) Benefits for persons disabled by war and for dependents of deceased war victims as well as assistance to former prisoners of war;
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| q) The production and utilisation of nuclear energy for peaceful purposes, the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances;
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| r) Federal criminal law;
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|
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| s) Court organisation and procedure, the legal profession, notaries and the provision of legal advice on the federal level;
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| t) The law relating to residence and establishment of foreign nationals and matters concerning refugees and expellees;
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| u) Establishment of federal reserves for the preservation of the environment;
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| v) The law relating to federal taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the federation;
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| w) The law regulating international and interprovincial commerce.
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| The federation shall enact any legislation needed to carry out the competences listed in this Article.
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| '''Article . Bills'''
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| Bills may be introduced in the Federal Assembly by the Council of State, by the President, or by any member of the Federal Assembly in the house they serve. Bills concerning taxation shall first be introduced in the Llusan.
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| No bill or resolution shall be passed by the Federal Assembly unless it has been passed by a majority vote in each house.
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| Federal law shall provide for further rules on the passage of bills and resolutions.
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| ===TITLE VI. The President===
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| '''Article . Election'''
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| The President shall be elected in general, direct, free, equal and secret elections, at the same time as the Senate.
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| Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of thirty-five years may be elected.
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| The person receiving the votes of a majority of voting electors shall be elected. If no candidate receives such a majority, a run-off election shall be held between the two candidates that received the largest number of votes. The candidate receiving the most votes in the run-off shall be elected.
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| Details shall be regulated by a federal law.
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| '''Article . Term of office'''
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| The term of office of the President shall be six years. Re-election for a consecutive term shall be permitted only once.
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| '''Article . Definition'''
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| The President represents the Federation, guarantees national independence, the unity of the state and the proper operation of the democratic institutions, and is Commander-in-Chief of the Armed Forces. All acts by the President as Commander-in-Chief must be countersigned by the Chancellor.
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|
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| '''Article . Executive power'''
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| The executive power of the federal government shall be vested in the President and the Council of State. The executive power shall be exercised in accordance with this Constitution and federal law.
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| '''Article . Incompatibilities'''
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| The President may not be a member of the Council of State or of a legislative body of the Federation or of a province.
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| The President may not hold any other salaried office or engage in any trade or profession or belong to the management or supervisory board of any enterprise conducted for profit.
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| '''Article . Oath of office'''
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| On assuming his office, the President shall take the following oath before the assembled Members of the
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| Llusan and Senate:
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| “I swear that I will dedicate my efforts to the well-being of the Sanaman peoples, promote their welfare, protect them from harm, uphold and defend the Constitution and the laws of the Federation, perform my duties conscientiously and do justice to all.”
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| '''Article . Substitution'''
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| If the President is unable to perform his duties, or if his office falls prematurely vacant, the President of the Senate shall exercise his powers.
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| '''Article . Countersignature'''
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| '''Article . International representation'''
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| The President shall represent the Federation in international law. He shall conclude treaties with foreign states on behalf of the Federation. He shall accredit and receive envoys.
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| Treaties that regulate the political relations of the Federation or relate to subjects of federal legislation shall require the consent or participation, in the form of a federal law, of the bodies responsible in such a case for the enactment of federal law. In the case of executive agreements the
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| provisions concerning the federal administration shall
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| apply.
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|
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| '''Article . Appointment of civil servants and pardon'''
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| The Federal President shall appoint and dismiss federal judges, federal civil servants and commissioned and non-commissioned officers of the Armed Forces, except as may otherwise be provided by a law.
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| He shall exercise the power to pardon offenders on behalf of the Federation in individual cases.
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| '''Article . Competences'''
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| In relation to other entities and organs the President has the competences:
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| a) To chair the Council of State;
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| b) To call extraordinary sittings of the Llusan, the Senate or both;
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| c) To address messages to the Llusan;
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| d) Subject to the provisions of Article X and after first consulting both the Council of State and the
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| parties with seats in the Llusan, to dissolve that Council;
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| e) To appoint the Chancellor pursuant to Article X;
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| f) To remove the Council of State in accordance with Article X, and to discharge the Chancellor from office pursuant to Article X;
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| g) Upon a proposal from the Chancellor, to appoint members of the Council of State and discharge them from office;
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| h) To appoint two ordinary members of the Supreme Judicial Council;
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| i) To chair the National Defence Council;
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| j) To appoint the Chief of the General Staff of the Armed Forces and discharge him from office; and, after consulting the Chief of the General Staff of the Armed Forces, to appoint the Deputy Chief of the General Staff of the Armed Forces if any, and the Chiefs of Staff of the service branches, and discharge them from office;
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| k) To reject a nomination by the Chancellor for Minister in the Council of State for cause.
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| '''Article . Personal competences'''
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| a) To exercise the functions of Commander-in-Chief of the Armed Forces;
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| b) To enact laws, executive laws and regulatory decrees and order their publication, and to sign both
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| resolutions of the Senate that approve international agreements and the rest of the Council of State's decrees;
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| c) To submit important issues of national interest to referendum;
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| d) To declare a state of siege or a state of emergency, in compliance with the provisions of Article X;
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| e) To pronounce on all emergencies that are of serious consequence to the life of the Federation;
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| f) After first consulting the Council of State, to grant remissions of sentence and commute sentences;
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| g) To confer decorations and awards in accordance with the law.
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| '''Article . Competences in international relations'''
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| In international relations the President has the competences:
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| a) To appoint ambassadors and extraordinary envoys upon a proposal from the Council of State, and to accredit foreign diplomatic representatives;
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| b) Once they have been duly approved, to ratify international treaties;
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| c) Upon a proposal from the Council of State, subject to authorisation by the Senate, or, when the Senate is not sitting and it is not possible to arrange for it to sit immediately, by its Standing Committee, to declare war in the case of effective or imminent aggression and to make peace.
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| '''Article . Enactment and veto'''
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| Within a time limit of twenty days counting from the receipt of any decree of the Federal Assembly for enactment as a law, the President must enact the decree, or exercise the right of veto and send a message setting out the grounds for doing so and requesting that the legislative act be reconsidered.
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| If the Federal Assembly confirms its vote by a three-fifths majority of all the Members of each House, the President must enact the legislative act within a time limit of eight days counting from its receipt.
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| Within a time limit of forty days counting from the receipt of any Council of State decree for enactment, the President shall enact the decree, or exercise his right of veto and inform the Council of State in writing of the reasons for doing so.
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| '''Article . Impeachment'''
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| ===TITLE VII. Council of State===
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| '''Article . Composition'''
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| The Council of State shall consist of the Chancellor and several Ministers. The Chancellor heads the Council of State and directs its business.
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| '''Article . Appointment of the Chancellor'''
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| The President appoints the Chancellor after consulting the parties with seats in the Llusan and in the light of the electoral results.
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| '''Article . Appointment and dismissal of ministers'''
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| Ministers shall be appointed and dismissed by the President upon the proposal of the Chancellor. The President may reject a nomination.
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| On taking office the Chancellor and the Ministers shall take the oath provided for in Article X
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| before the Llusan.
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|
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| '''Article . Government programme and accountability'''
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| The government’s programme shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governmental activity.
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| Members of the Council of State are bound by the government’s programme and by decisions taken by the Council of State.
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| The Government is accountable to the President and the Llusan.
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| '''Article . Accountability of members'''
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| The Chancellor is accountable to the President and, within the ambit of the Council of State’s political responsibility, to the Llusan.
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| Ministers are accountable to the Chancellor and, within the ambit of the Council of State’s political responsibility, to the Llusan.
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|
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| '''Article . Consideration of the Council of State’s programme'''
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| Within a time limit of at most ten days after its appointment, the Council of State shall submit its
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| programme to the Llusan for consideration, by means of a Chancellor's statement.
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| If the Llusan is not in full session, its Speaker shall obligatorily call it for this purpose.
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| The debate may not last for more than three days, and until it is closed, any parliamentary group may
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| make a motion rejecting the programme, or the Council of State may request the passage of a confidence
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| motion.
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| Rejection of the Council of State's programme requires an absolute majority of all the Members of the
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| Llusan in full exercise of their office.
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|
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| '''Article . Request for confidence motion'''
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| The Council of State may ask the Llusan to pass a confidence motion in relation to a statement of general policy or to any matter of important national interest.
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| '''Article . Motions of no confidence'''
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|
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| Upon the initiative of one quarter of all the Members of the Llusan in full exercise of their office or of any parliamentary group, the Llusan may put to the vote motions of no confidence in the Council of State, in relation to the latter’s implementation of its programme or to any matter of important national interest.
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| Motions of no confidence may only be considered forty-eight hours after they are made, in a debate
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| that shall last for no more than three days.
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| If a motion of no confidence is not passed, its signatories may not make another such motion during the same legislative session.
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|
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| '''Article . Resignation or removal of the Council of State'''
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| The following shall imply the resignation of the Council of State:
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| a) The beginning of a new legislature;
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| b) Acceptance by the President of the Chancellor’s resignation;
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| c) The Chancellor’s death or lasting physical incapacitation;
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| d) Rejection of the Council of State's programme;
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| e) Rejection of the Council of State's budget;
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| e) The failure of any confidence motion;
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| f) Passage of a motion of no confidence by an absolute majority of all the Members of the Llusan.
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|
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| The President may only remove the Council of State when it becomes necessary to do so in order to ensure the normal operation of the democratic institutions and after first consulting the Speaker of the Llusan and the President of the Senate.
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| '''Article . Competences'''
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|
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| The Council of State shall provide for the general political direction of the federation through a Council of State's programme, direct the federal administrative agencies, draft and present a budget in the Federal Assembly, and in general manage the executive branch of the federal government.
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| Further regulation of the organisation and the distribution of responsibilities between the ministries shall be made by federal decree, on the proposal of the Chancellor.
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| {{Template:Sanama nav}} | | {{Template:Sanama nav}} |
| [[Category:Sanama]] | | [[Category:Sanama]] |
| [[Category:Constitutions]] | | [[Category:Constitutions]] |
