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Messages - Breneir Tzaracomprada

#106
Whereas, presently the King, Seneschal, and Secretary of State can request an advisory opinion from the Cort pü Inalt, and

Whereas, the Ziu may also want to request an advisory opinion ahead of its considerations.

Therefore, be it enacted by the Ziu of the Kingdom of Talossa that Article VIII, Section which currently reads as:

Article VIII, Section 6
QuoteUntil such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, or the Senechal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Is amended to read as follows:

Article VIII, Section 6

QuoteUntil such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.

No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.

The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.

A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review.

Notwithstanding any contrary proscription, the King, the Secretary of State, the Senechal, the Avocat-Xheneral, or Ziu members representing at least one-third of seats in either the Cosa and/or Senate[/b] may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.

A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.

The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.

Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.

Uréu q'estadra så
Breneir Tzaracomprada (Avocat-Xheneral)
#107
Quote from: Miestră Schivă, UrN on February 14, 2024, 02:36:02 PMThe A-Xh is not a directly elected role, but acts as part of a collectively responsible Cabinet led by the Seneschal. I think it's right that the Government, represented by the Seneschal, should have the right to ask for an advisory opinion. If the A-Xh feels the need to act independently from (opposed to?) the rest of the Government, we are in constitutional crisis territory and they should resign.

This seems to have missed my point and is needlessly inflammatory. Why would the King and SoS have the right to request an opinion but not the Government's chief legal advisor? I recognize that there is still distrust here but we are still not making sense with our opposition to a common-sense action.
#108
Quote from: Miestră Schivă, UrN on February 13, 2024, 05:49:34 PMLeaning to oppose this on the grounds of being unnecessary, and suspicious coming from the incumbent A-XH

I think it is reasonable for the prinicipal legal advisor to the Government to be able to seek legal advice from the Judiciary so that they can best advise the Government.

Edited out the last sentence as it is not conducive to the dialogue. This is not a political maneuver. This is something, upon a review of El Lex, after being appointed as A-X that seemed like a common-sense change.
#109
@Sir Lüc
This one will be ready for CRL tomorrow.
And ahead of it being moved to the CRL I indicate my approval.
#110
El Funal/The Hopper / Re: The A-X's Little Helper Act
February 12, 2024, 10:07:25 PM
Ahead of it being moved to the CRL I indicate my approval.
#111
El Funal/The Hopper / Re: The Florencia <3s Vuode Act
February 12, 2024, 10:06:45 PM
Ahead of it being moved to the CRL I indicate my approval.
#112
El Funal/The Hopper / Re: BHAID: Effective Altruism Act
February 10, 2024, 04:30:48 PM
Quote from: Miestră Schivă, UrN on February 10, 2024, 04:25:09 PMI've put the details around my party for discussion. At first glance there don't seem to be any obvious red flags, but I'm sure you'll understand that I want to be very careful about to whom we parcel out Talossan funds

Absolutely, there was diligence in the selection of the charity and internal discussion in the TNC initially but differing views on specific organisations are unavoidable and to be respected. There is no hurry but I wanted to be sure I solicited additional feedback.
#113
Quote from: þerxh Sant-Enogat on February 10, 2024, 02:19:22 AM
Quote from: Sir Lüc on February 06, 2024, 06:14:52 PMAnyhow, my opinion is that the bill satisfies the requirements of Lex.D.2.8.3 in form and function.

Is there any particular reason why the louis has been decimalised? Also, very minor note, there's a typo ("Revue") just before the balance changes.
Thanks Sir Lüc
Now edited to use sexagesimal system and correct typo

Approved.
#114
Hello Mr. Secretary @Sir Txec dal Nordselvă, UrB

I wanted to follow up on legislation passed by the last government, RZ18 - National Skills and Social Connections Survey Act. Thanks to your help the last Government was able to get started on this project.

Specifically:

QuoteWhereas, the relevant section of El Lexhatx C.1.2.2.2 is as follows: "Other questions on the Talossan Census shall be identical to the questions on the last census. These questions may be changed by the Chancery, either of its own volition or on request from the Seneschal, but any changes shall be approved by the Ziu, without needing to go through committee. These questions will be marked as optional, and at no time shall a citizen be forced or required to respond to an optional question.", and

Whereas, the Chancery has recently articulated an interpretation of existing privacy laws which allow for government use of the National Census for this effort.


Therefore, the Office of the Seneschal submits this request to the Chancery to include the following additional questions on the next census and submits same to the Ziu for approval.

I believe this was achieved using a Google Form? If so, how would the current Government go about getting this data as allowed by this interpretation for the purposes of further developing the programme?
#115
El Funal/The Hopper / Re: BHAID: Effective Altruism Act
February 09, 2024, 06:26:09 PM
I haven't heard any additional concerns after posting the information on the EA Funds. Please feel free to give more feedback or suggest a better match for BHAID support.
#116
The Webspace / Re: TTS for Talossan?
February 09, 2024, 03:32:35 PM
Quote from: Barclamïu da Miéletz on February 09, 2024, 03:08:01 PM
Quote from: Breneir Tzaracomprada on February 09, 2024, 02:59:08 PM
Quote from: Barclamïu da Miéletz on February 09, 2024, 02:35:57 PMAzul, I was wondering if there would be a proper TTS for Talossan. I would need it for another concept of mine.
Best regards,
Barclamïu

What is TTS?
Text-to-speech, it stands for text-to-speech. Would be interesting to have but for Talossan

Thanks. Sounds like a great idea.
#117
The Webspace / Re: TTS for Talossan?
February 09, 2024, 02:59:08 PM
Quote from: Barclamïu da Miéletz on February 09, 2024, 02:35:57 PMAzul, I was wondering if there would be a proper TTS for Talossan. I would need it for another concept of mine.
Best regards,
Barclamïu

What is TTS?
#118
El Funal/The Hopper / Re: BHAID: Effective Altruism Act
February 09, 2024, 11:00:41 AM
Quote from: Sir Lüc on February 09, 2024, 04:54:20 AMMoved out of committee as requested.

Thanks!
#119
Quote from: Sir Lüc on February 09, 2024, 04:58:42 AMI would probably replace the old weirdly-worded bit with a broad provision that the Seneschal may perform any official act on behalf of their ministers; and the latter new part with a new, explicit provision that the Seneschal may at any time name a Deputy Minister to be Acting Minister, until the Seneschal or the absentee Minister publicly declare otherwise, or the absentee Minister is dismissed. (The ability of the Seneschal to appoint a Deputy Minister would be implied by the first bit anyway.)

Thanks @Sir Lüc I have edited just so.
Would you be interested in co-sponsoring again?
I am growing accustomed to co-sponsoring with you.
#120
Whereas, it has come to the attention of learned officials that a certain section of Title D may need clarification, and

Whereas, when it concerns the ability of the Seneschal do any and all cabinet jobs it may indeed be prudent.

Therefore, be it enacted by the Ziu of the Kingdom of Talossa, that El Lexhatx Title D 2.1 which currently reads as:

QuoteD2.1. The Seneschal (in english, Prime Minister), heading the Prüma Ministrà (in english, Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal, serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself.

is amended to read as follows:

Quote2.1. The Seneschal (in english, Prime Minister), heading the Prüma Ministrà (in english, Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal, serve at his pleasure, are responsible to him, and derive their powers from him. The Seneschal may perform any official act on behalf of his ministers. The Seneschal may also at any time designate a deputy minister to be Acting Minister, until the Seneschal or the Minister for whom they are acting publicly declare otherwise, or the Minister for whom they are acting is dismissed.

Uréu q'estadra så
Breneir Tzaracomprada (MC-TNC)
Sir Lüc da Schir (MC-IND-FreeDems)