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Cosă size reduction timer

Started by Marcel Eðo Pairescu Tafial, UrGP, Yesterday at 04:50:32 PM

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Marcel Eðo Pairescu Tafial, UrGP

I have a question about the referendum on 62RZ26.

It mentions that the reduction of the Cosă's size to 20 seats would only take effect after February 2027, which is the timeline set forth from the Pseudo-Real Cosă Act. However, since 62RZ26 is an amendment, and the delayed effect of Cosă size changes only applies to changes made via statute (at least that's how Org.IV.2.1 reads to me), is it not rather the case that, were the referendum to pass, the size change would go into effect immediately?
Editing posts is my thing. My bad.
Feel free to PM me if you have a Glheþ translation request!

TEMPS da JAHNLÄHLE Sürlignha, el miglhor xhurnal

Baron Alexandreu Davinescu

Quote from: Marcel Eðo Pairescu Tafial, UrGP on Yesterday at 04:50:32 PMI have a question about the referendum on 62RZ26.

It mentions that the reduction of the Cosă's size to 20 seats would only take effect after February 2027, which is the timeline set forth from the Pseudo-Real Cosă Act. However, since 62RZ26 is an amendment, and the delayed effect of Cosă size changes only applies to changes made via statute (at least that's how Org.IV.2.1 reads to me), is it not rather the case that, were the referendum to pass, the size change would go into effect immediately?

I think you could make that case for sure if that provision had been removed from the Organic Law, but we made sure to keep it in and it refers to laws in general. This was even discussed during the drafting process specifically, with regards to what effect it would have on the clock - it didn't reset the clock, but neither did it eliminate the clock.
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric, Seneschal del Regipäts Talossan

ESTO·BENIGNUS·ESTO· FORTIS·VERUM·QUAERE

                   

Marcel Eðo Pairescu Tafial, UrGP

#2
Quote from: Baron Alexandreu Davinescu on Yesterday at 06:46:11 PMI think you could make that case for sure if that provision had been removed from the Organic Law, but we made sure to keep it in and it refers to laws in general. This was even discussed during the drafting process specifically, with regards to what effect it would have on the clock - it didn't reset the clock, but neither did it eliminate the clock.

No, this was in reference to something else. I was asking whether specifically renumbering Lexh.H.4.1.1 would reset the clock, and came to an understanding that it didn't. Enshrining the 20-seat Cosă into the OrgLaw was something I insisted on pretty much at the tail end of the drafting process, and personally I had assumed that all amendments enter into effect immediately after the appropriate referendum passes, and that the one-year delay refers exclusively to statutory changes -- if it didnt, the word "such" in "with the provisos that any such change" wouldn't make much sense to me, though this could be a language barrier thing.

EDIT: I don't mean to kick off a debate in this thread, I was moreso wondering about the precise wording of the referendum question, and whether that's all legally sound. As far as I understand it as a non-lawyer it wouldn't be, and I wanted to direct attention to it to clear up potential misunderstandings.
Editing posts is my thing. My bad.
Feel free to PM me if you have a Glheþ translation request!

TEMPS da JAHNLÄHLE Sürlignha, el miglhor xhurnal

Baron Alexandreu Davinescu

#3
Quote from: Marcel Eðo Pairescu Tafial, UrGP on Yesterday at 06:51:09 PM
Quote from: Baron Alexandreu Davinescu on Yesterday at 06:46:11 PMI think you could make that case for sure if that provision had been removed from the Organic Law, but we made sure to keep it in and it refers to laws in general. This was even discussed during the drafting process specifically, with regards to what effect it would have on the clock - it didn't reset the clock, but neither did it eliminate the clock.

No, this was in reference to something else. I was asking whether specifically renumbering Lexh.H.4.1.1 would reset the clock, and came to an understanding that it didn't. Enshrining the 20-seat Cosă into the OrgLaw was something I insisted on pretty much at the tail end of the drafting process, and personally I had assumed that all amendments enter into effect immediately after the appropriate referendum passes, and that the one-year delay refers exclusively to statutory changes -- if it didnt, the word "such" in "with the provisos that any such change" wouldn't make much sense to me, though this could be a language barrier thing.

EDIT: I don't mean to kick off a debate in this thread, I was moreso wondering about the precise wording of the referendum question, and whether that's all legally sound. As far as I understand it as a non-lawyer it wouldn't be, and I wanted to direct attention to it to clear up potential misunderstandings.
I think it's a great question. I understand where it's coming from! In my opinion, it's hard to read "law" in such a way that it doesn't include the Organic Law, though, and I wouldn't quite understand how to make it that way so that the proviso doesn't apply.

I also think you're right that we probably shouldn't chat about it more on this thread. @Sir Lüc , would you split off the last few posts please into their own thread?
Alexandreu Davinescu, Baron Davinescu del Vilatx Freiric, Seneschal del Regipäts Talossan

ESTO·BENIGNUS·ESTO· FORTIS·VERUM·QUAERE

                   

Sir Lüc

Sir Lüc da Schir, UrB
Secretary of State / Secretar d'Estat