Open Society has filed the following Cort case with the Clerk of the Cort, @Baron Alexandreu Davinescu  concerning the A-X's interpretation of the Second Talossan Government Transparency Act. We believe the interpretation is incorrect and have asked Talossa's judiciary to determine whether this government is not obeying the law.

Tzaracomprada v. Plätschisch

Application for Judicial Review: Lawfulness of the Avocat-Xheneral's interpretation of El Lexhatx D. 8.9, the Second Talossan Government Transparency Act.

Applicant: Breneir Tzaracomprada

The applicant, hereby, petitions the Court to carry out a judicial review over the interpretation of the Avocat-Xheneral on September 9, 2024 pertaining to El Lexhatx D. 8.9 or the Second Talossan Government Transparency Act. The legal advice delivered to the Schiva IV Cabinet concluded that the Government may release previous internal and confidential Government communications before the "seven-year release" period described in El Lexhatx D. 8.9.2.

Facts:
On September 5, 2024 Breneir Tzaracomprada lodged a terpelaziun to the Seneschal concerning the extent to which the current Government is using the Cabinet board on Wittenberg, as follows:
"Tuischach, I rise with a question for the Seneschal. Recent governments have held their deliberations in the Cabinet thread here on Wittenberg which is an eventual archive accessible to the public. Where is the current Cabinet holding its deliberations? And if in multiple areas, to what extent are the deliberations being held in the Wittenberg Cabinet thread?"

On September 7, 2024, the Seneschal, Miestra Schiva responded as follows:
"I thank the Member for his question. When the Cabinet board on Wittenberg was opened to us, we found a note the from the previous Government, where a Cabinet Minister said to his colleagues something along the lines of "this is a permanent record, so don't put anything on here you'll be embarrassed for future Governments to find out". So, we are trying to emulate our predecessors in this regard. The current Cabinet uses this board for substantive discussions, alongside a Discord channel for real-time communication. I have asked Ministers who raise things that are long or substantive in the Discord channel to put them in the Wittenberg board."

In a later comment on September 7, 2024, the Seneschal, Miestra Schiva agreed that the Cabinet board on Wittenberg was indeed confidential with the following statement:
"The Cabinet board is not a "private" board, it is a confidential but official board."

On September 9, 2024, the Avocat-Xheneral issued the following statement in the same thread:
"My legal advice to the rest of the Cabinet is that Lex.D.8.9 does not stipulate that no contents of the cabinet forum may be released until the after the 7-year period. It only stipulates that all of the contents (except contents exempted by D.8.2 - D.8.4) shall be released at that time."

REQUESTED REMEDY:

The applicant seeks a judicial review of the September 9, 2024 interpretation by the Avocat-Xheneral of El Lexhatx D. 8.9. The applicant, as the author of the controlling legislation, contends that both the original intent and plain reading of the text confers privacy and confidentiality on the internal Government discussions until the 7-year period has elapsed. It is the Archivist not the Government of the day which determines the release of these internal Government discussions as mentioned in El Lexhatx D 8.9.2.

The applicant also seeks a determination as to whether the actions of the Seneschal were not in compliance with Lex D. 8.9 when she released the following statement of former Government minister, Baron Alexandreu Davinescu, in her response of September 7, 2024:
"...this is a permanent record, so don't put anything on here you'll be embarrassed for future Governments to find out."

Tuischach,

I rise, with concern, to direct a question to the Avocat-Xheneral @Ian Plätschisch who stated as follows:

Quote from: Ian Plätschisch on September 09, 2024, 05:52:53 PMMy legal advice to the rest of the Cabinet is that Lex.D.8.9 does not stipulate that no contents of the cabinet forum may be released until the after the 7-year period. It only stipulates that all of the contents (except contents exempted by D.8.2 - D.8.4) shall be released at that time.

Please inform the Ziu of the basis of this determination that the Cabinet may release cabinet discussions of a previous Government before the time period designated for release by the Archivist according to the Second Talossan Government Transparency Act?

Tuischach,

I rise with a question based on answers to a different terpelaziun actually. This is for the Seneschal. I would direct her attention to this provision in the Second Talossan Government Transparency Act:

Quote8.9 Automated Governmental Information Transmittal

8.9.1 All internal government communications on Government-owned fora shall be transmitted to the Royal Archives as soon as feasibly possible after the conclusion of that Government's term of office.
8.9.2 These transmittals shall be released to the public by the Royal Archives seven (7) years after the conclusion of that Government's term of office.

Seneschal, please inform the Ziu on what efforts have been made to implement 8.9.1?

As it currently stands voting on 60RZ4 indicates it will be rejected. Open Society is concerned we are continuing to fail to deal with the worrying precedent created when the nation's election administrator is also the leader of one of the election's contestants. This is a textbook case of a conflict of interest and must be prevented from happening again. For those hanging their opposition on the supposition that this was an anti-Txec crusade we present Open Society's leader who was the first to propose Txec as King John's successor (November 2023) and then helped initiate the events eventually leading to King John's abdication and to Txec's potential ascension to the throne. Further, Open Society does not plan on stopping its campaign for a non-partisan Chancery once we have King Txec. For those proposing this is an inOrganic infringement on association rights, I simply direct you to a succinct refutation of this assertion by a former secretary of state: https://wittenberg.talossa.com/index.php?topic=2922.msg24245#msg24245

This matter hinges on an important principle for the preservation of our democratic society not personal animus. Open Society will continue to defend this principle so long as the actions or inactions of other individuals and parties necessitates it.

Tuischach,

I rise with one final question for the Distain. @Bråneu Excelsio

On the following point, there is strong agreement between Open Society and the Government:

QuoteThis Government also intends to move forward on a long standing priority, to enhance the scope of the Royal Civil Service. It is our firm belief that the rancor inherent to Talossan politics can be toned down only by decentralising politics in Talossa – that is, by making more functions of the Kingdom Civil Service jobs rather than political appointments.

I must, however, point out that in the most recent opportunity to enact this priority the Government appears to have declined to take it. Appointing a civil servant to administer immigration policies. The governing party also appears to be supporting the ability for the Secretary of State to serve as a partisan official as several of its MCs are voting against placing a restriction on the SoS's ability to do so (The Nonpartisan Chancery Act).

How do these two actions square with the stated priority of "making more functions of the Kingdom Civil Service jobs rather than political appointments?"

Tuischach,

I rise with a question for the Finance Minister. @Sir Lüc

The Government has successfully submitted the required financial legislation by the second Clark. Now that that important requirement has been fulfilled I request the Finance Minister please inform the Ziu on other plans for ministerial activities.

Tuischach,

I rise with a question for the Defence Minister. @Bråneu Excelsio

What efforts are underway toward the holding of a live promotion ceremony in the Royal Zouaves?

Tuischach,

Upon review of the following commitment from Avant, I pose a question to the Culture Minister:

QuoteWe also intend - once again - to work closely with the Ladîntsch Naziunal, and the whole Talossan-speaking community, towards the age-old goal of getting as many Talossans using and learning our national language as possible.

What close work has occured already by the Culture Ministry toward this laudable goal?

Tuischach, I rise with a question for the Technology Minister, upon review of the following Avant coalition commitment:

QuoteIn conjunction with this, we will investigate finally ending our relationship with DeRoyal Servers, and investigate possible replacements for both Government email hosting and our domain registrations. In the process of this, we will seek to drop various "ghost" domains where appropriate.

Where are we on this investigation and associated processes?

Túischac'h, I rise to submit an enquiry to the Minister of Immigration. @Miestră Schivă, UrN

During the discussions on immigration reform the Minister of Immigration brought up the important issue of broosking.

What efforts, either in the current reform proposal or other activities, is the Immigration Ministry undertaking to educate prospective citizens about broosking, why it is discouraged, and who to contact should it occur during their immigration process?

Tuischach,

I rise with a question for the Seneschal. Recent governments have held their deliberations in the Cabinet thread here on Wittenberg which is an eventual archive accessible to the public. Where is the current Cabinet holding its deliberations? And if in multiple areas, to what extent are the deliberations being held in the Wittenberg Cabinet thread?

Tuischach,

Last month, the Foreign Affairs minister informed the Ziu that there are steps being undertaken for the Kingdom to participate in next year's MicroCon. I request that the Minister @Bentxamì Puntmasleu provide an update on these steps.

Azul fellow Talossans,

There is much to be lauded in the Government Statement from Seneschal Schiva. I note with approval the plans for the Foreign Affairs (while encouraging some activity for the BHAID) and Technology ministries along with work already underway on a public and open-ended discussion on Organic Law reforms. We would reiterate our support for fixed election dates and longer Cosa terms supported by an expanded Civil Service as an important part of the effort to open up more space for apolitical Talossans.

I would also begin by applauding members of the Cabinet on their prompt, respectful, and informative responses to opposition enquiries. As was stated in Open Society's policy on government accountability, where we agree with the incumbent Government we will make every effort to ensure, through regular and up-front terpelaziuns, their commitments are brought to fruition. And where we have concerns we will raise them in a constructive and respectful manner. Government accountability is not an effort to annoy or harass but to ensure the government of the day is held account to their commitments and to the right of all Talossans to an effective administration.

During the closing weeks of the last Cosa term and the subsequent election, I pushed for a rapid close to the reign of King John. The historic multi-party cooperation that followed was a testament to the potential to rise above personal animosity and produce results for the Talossan people. As a part of that historic cooperation, King John has promised to abdicate once a successor is found and, rumor has it, that the King prefers as his successor, Baron Alexandreu Davinescu, who he previously appointed as regent. I encourage the King to not incur any further delay and make that proposal to the Ziu so that it can be voted on. As I stated in a recent terpelaziun, which appears to have been misunderstood by Baron Davinescu and Minister Autofil, whether it be the King's preference or my own, Sir Nordselva, we must move on from his reign as soon as possible. Talossans must have an active, present, and unifying head of state as soon as possible.

As I mentioned, at the start, we will push for upholding commitments where we agree with the Goverment. And question and critique where we have concerns. But we will not engage in pointless squabbles. One early example is on the question of notifying the public on leaves of absence. There is a clear disagreement, on approach and apparently principle, but it does not rise to the level of other more pressing issues.

Please continue to take the opportunities presented to rise above grievance, no matter how well nurtured, to better serve the Kingdom of Talossa.

For the Kingdom,
Breneir

Túischac'h, I rise to submit an enquiry to the Minister of Immigration. @Miestră Schivă, UrN

During the recent election campaign, the parties of Avant made the following commitment:

Quoteto set up a process for thorough reform of provincial assignments for new citizens.

The recent influx of prospective immigrants notwithstanding, please update the Ziu on any early progress concerning this commitment.

Túischac'h, I rise to submit an enquiry to the Foreign Affairs Minister. @Bentxamì Puntmasleu

The next meeting of MicroCon will be in 2025 in Montreal, Canada. What, if any, plans are currently underway for the Kingdom of Talossa to participate?

I am also attaching the FB group where micronations are organizing: https://www.facebook.com/groups/microcon2025

Túischac'h, I rise to submit an enquiry to the STUFF Minister.

We are still early in the Government's term so I wanted to be sure what to expect with respect to social media postings, Infoteca updating, and the issuing of La C'hronica.

The last posts on Twitter and Instagram were on July 24th and July 23rd respectively. What do you expect to be the frequency of STUFF's postings to our Government social media channels? And do you plan to continue making updates to Infoteca and distribute La C'hronica at the beginning of each month?

We take government accountability seriously. Open Society will follow the same procedure as the TNC did during its groundbreaking 58th Cosa term.

As the opposition leaders, you the public, can expect to see at least one terpelaziun per clark per ministry from us during this term. There may be additional terpelaziuns or supplementary questions should the need or an emergency arise.

Each of these enquiries will be presented respectfully and be on a matter related either to a commitment made by the Government or related to an emergent issue.

As a part of our efforts on increasing government accountability we have also tabled a bill expanding the ability to question government officials and public servants to the citizenry pending parliamentary sponsorship.

Túischac'h, I have an enquiry for the Avocat-Xheneral.

First let me apologize if this is not directed to the correct person. I was unsure who is the point person on the following Avant commitment:

Quoteto start a wide-ranging and open-ended discussion on Talossa's Organic Law and constitutional structure, in which each party will promote its own preferences.

@Ian Plätschisch What is the status of preparations for a "wide-ranging and open-ended discussion on Talossa's constitutional structure? Further, if you will permit me a secondary but related question, will the process be public?

Túischac'h, I have an enquiry for the Minister of Technology.

During the last election campaign, the parties of Avant, agreed to the following commitment:

Quoteto encourage and participate in cross-party co-operation on other matters of broad consensus, such as replacing the Database.

I am requesting an update on the status of preparations for "cross-party co-operation" on replacements for the Database. I acknowledge we are still very early in your term but also note ministers have started their work already.

Túischac'h, I rise to submit an enquiry to the Seneschal.

Last term, the now-Seneschal @Miestră Schivă, UrN performed commendable multipartisan work to secure the King's promise to abdicate following the identification of a successor. It is well-known that Open Society supports the elevation of the current Secretary of State, a renowned and committed Free Democrat. And the Free Democrats, in their Avant-Multiparty Accord program, stated the following commitment:

Quoteto ensure that there will be a new King of Talossa before the end of the 60th Cosa, who will be culturally active, non-political, and friendly to all shades of Talossan opinion.

In these early days, I ask the Seneschal to please update the Ziu on the status of fulfilling this important promise. Whether it be Sir Nordselva, Baron Davinescu, or someone else please update the Ziu as to identifying a successor to King John so he can get his well-deserved rest.