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Messages - Eðo Grischun

#1
Vuode / Cort Judgement
December 23, 2024, 11:14:55 PM
The Cort has given its judgement in the case of Grischun v Chancery ( https://wittenberg.talossa.com/index.php?topic=3422.0 ) (Although, the case probably should be entitled Grischun V Cunstaval of Vuode).  The Cort has determined that the Cunstaval did err in applying Provincial law by calling for seats in the legislature to be claimed out of turn, however also determined that no harms were caused by that error.  The Cort also declined to provide the relief being sought, meaning the session of the States General stands without dissolution.

We should take note of the sixth finding of the Cort, which reads, "(6) The Cort does direct the Assembly to consider its own legal mechanisms in such matters, and if it considers it necessary, to close any time-related loophole."

I will take the initiative to begin a conversation, here, to consider the points of law.  The relevant part of our legislation is Article III, Section 5:

"Any adult citizen of Vuode may claim a seat in the Estats Xhenerais during the period in which a national general election is taking place. This is done by making a declaration in public as follows: "I, name, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais". The citizen shall then be officially seated after swearing or affirming oath to the Cunstaval. The exact process of this shall be determined by United Provinces Byelaw."

My initial thought while reading this is as far as I can remember, an "exact process" was never determined by Byelaw for the affirmation procedure.

In considering what the Cort has directed us to consider (to consider if any time related loopholes need to be closed);  The Section requires that seats are claimed during the time period that a national election takes place.  I don't see anything resembling a "loophole" here; rather simply a limitation of when the permissible time to make a claim begins and ends.  I would assert that a limitation is definitely required and definitely needs to be defined.  So, the question I would ask is do we feel the current limitation is too restrictive in some way and do we need to create a new defined time period in which seats can be claimed and then filled?

I suppose we should also consider whether the entire mechanism is still desirable in the first place.
#2
Wittenberg / Re: Proclamation of Flip Molinar Day
December 08, 2024, 11:16:11 PM
S:reu Molinar. 
My first Talossan friend.
Many, many hours spent chatting about all manner of things.
Time spent as political colleagues and as political rivals within our Nation.
Of all the Talossan Honours ever bestowed and of all the accolades ever achieved in this Kingdom, this one fills me this absolute joy.

I eagerly await the first of next month.
#3
Quote from: Tric'hard Lenxheir on July 03, 2024, 11:50:34 PM
Quote from: Eðo Grischun on July 03, 2024, 09:50:44 PMApologies if things have changed since I was last around, and happy to be corrected, but from Article III, Section 5:

Any adult citizen of Vuode may claim a seat in the Estats Xhenerais during the period in which a national general election is taking place. This is done by making a declaration in public as follows: "I, name, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais". The citizen shall then be officially seated after swearing or affirming oath to the Cunstaval.


Does this mean leaving the claim period open till the 15th would breach this clause? Do claims need to be made before the conclusion of the national election? (I can say as the original author of the clause that the intention was that the period would end upon closing of the national polls).

Although, if we can find a way to argue that I'm wrong on this, I'll be happy seeing the period stay open a bit longer, seeing as it looks like only one person claimed a seat.

Glad you are back hopefully Vuode's future will get brighter with a more experienced leader. We did the best we could without any real leadership

Looking forward to working with you!

We'll need to have a bit of a think about the current situation as it appears we may need to do some legislative tinkering so that I'm not the only person serving as a Councillor for this term.
#4
Quote from: Sir Txec dal Nordselvă, UrB on July 03, 2024, 09:57:09 PMMainly it is because no one from Vuode reminded me that as Cunstaval I have to dissolve and open the General Assembly so it was late. I was running a national election and it didn't cross my mind.

Just posted about it elsewhere.  The Cunstaval isn't required to dissolve the Assembly. It just happens automatically.

In-so-far as an official thread being created to collect seat claims, I believe this may have been a recent custom? However, it isn't strictly required. 

The constitution was written at a time when Vuode had an extremely inactive Constable and so we wrote the document to ensure things didn't rely on human input for many mechanisms.
#5
Vuode / Re: Estats Xhenerais
July 03, 2024, 09:56:30 PM
Article III, Section 3

The States General is instantly and automatically dissolved (and also convened) without interaction required. It would have automatically dissolved when the previous Cosa was dissolved. The next session will automatically begin when the next Cosa is seated. This was by design in case the province ever suffered from an inactive Constable, Premier, or other officer.
#6
Incidentally, I made a seat claim in another thread already.
#7
Apologies if things have changed since I was last around, and happy to be corrected, but from Article III, Section 5:

Any adult citizen of Vuode may claim a seat in the Estats Xhenerais during the period in which a national general election is taking place. This is done by making a declaration in public as follows: "I, name, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais". The citizen shall then be officially seated after swearing or affirming oath to the Cunstaval.


Does this mean leaving the claim period open till the 15th would breach this clause? Do claims need to be made before the conclusion of the national election? (I can say as the original author of the clause that the intention was that the period would end upon closing of the national polls).

Although, if we can find a way to argue that I'm wrong on this, I'll be happy seeing the period stay open a bit longer, seeing as it looks like only one person claimed a seat.
#8
Maritiimi-Maxhestic / Re: Vuode Merger
June 26, 2024, 01:25:05 AM
Checking in.
#9
Vuode / Re: Voting thread for Local Autonomy Bill
June 26, 2024, 01:11:02 AM
Quote from: Bentxamì Puntmasleu on December 19, 2023, 11:17:36 PMIn the apparent absence of formal parliamentary procedure (perhaps that is something we could take up next), I would argue it is up Presider Officer @Tric'hard Lenxheir  to determine the nature or the voting period. That said, I suggest we consider this vote concluded unless @Ian Feliceu would like to vote (given that two of three councillors have already voted 'për,' and this bill requires a simple majority to pass, additional votes won't have any actual effect).

Article IV: Passing Legislation
SECTION 3
Each Grand Session of the Estats Xhenerais shall be made of six legislative sessions and shall mirror the schedule of the national Ziu. This includes any months of recess.

#10
Vuode / Article III, Section 5
June 26, 2024, 12:59:09 AM
I, Eðo Grischun, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais
#11
Maritiimi-Maxhestic / Re: Vuode Merger
February 11, 2023, 02:53:46 AM
Bump. 

Are the citizens of MM and VD open to this?
#12
Point of order.

My name appears to be missing from the list.
#13
I, Éovart Grischun, hereby claim my right to be seated in the next Grand Session of the Estats Xhenerais.
#14
I think we are doing our usual thing here and over-complicating things.

Would a simple 'breach of the peace' law work?  Make it a criminal offence to cause other Talossans alarm and distress?  Probably inOrganic, but is it worth exploring?
#15
Wittenberg / Today, I have cast my vote.
March 22, 2022, 04:32:45 PM
Today, I have cast my vote.

I have voted for the FREE DEMOCRATS to remain in government.

Currently, the nation faces many challenges and no other party has my confidence in meeting those challenges and solving them.

Please join me and VOTE FREEDEM.