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Treaty of Marinella (2007)
I. PREAMBLE
1. In the name of God, whom all men and nations answer to, Caruia, Predice, and the Middle Countries,, whose countries are united in common allegiance to the Crown, the symbol of their free association, intending to renew their alliance so as to strengthen liberty, democracy, independence, and peace in a spirit of solidarity, and openness towards the world, acknowledging Caruia, the Middle Countries, and Predice freely expressed their will to establish a Predicean Union, in which they will conduct their internal interests autonomously and their common interests collectively, has adopted the confederate Treaty of Marinella as follows:
Part 1: General Provisions
II. The Predicean Union
2. The Peoples and Nations of the Kingdom of Predice, State of Caruia, and the Middle Countries, form a Predicean Union, hereinafter called "the Union". The Union shall be founded on the pluricontinental institutions of the Predicean colonial empire, supplemented by the policies and forms of cooperation established by the Treaty. Its task shall be to organize, in a manner demonstrating consistency and solidarity, relations between the Member States of the Union and between their Peoples.
3. The Union shall protect the liberty and rights of the Member States and safeguard the independence and security of the Union.
4. The Member States are sovereign insofar as their sovereignty is not limited by the Treaty and, as such, exercise all rights which are not entrusted to confederate power.
5. The Union shall guarantee the Member States their territory, their sovereignty within the limits set forth in Article 4, their constitutions, the freedom and the rights of the citizens, the constitutional rights of the citizens, and the rights and prerogatives conferred upon the authorities by the people.
6. It must, upon request from the Member States, to guarantee their constitutions, if:
a. these constitutions contain nothing inconsistent with the Treaty;
b. they ensure the exercise of political rights according to representative or democratic forms.
7. The principle of subsidiarity must be observed in the allocation and performance of state tasks.
8. Confederate laws must be approved by the legislative organ of the Union.
9. Confederate decrees or promulgations of enactments must be issued by the executive organ of the Union.
III. Foreign and Inter-Confederate Affairs
10. All separate alliances and all political treaties between the Member States are prohibited.
11. The Member States may only conclude agreements among themselves concerning matters of legislation, justice, and administration, with notification to the confederate authority, which is entitled to prevent the execution of the agreements if they contain anything contrary to the Union or to the rights of other Member States. If this is not the case, the contracting Member States may request the cooperation of the confederate authorities for the execution of such agreements.
12. The Union alone has the right to declare war and to make peace, as well as to conclude alliances and treaties, especially customs and commercial treaties, with foreign states.
13. The Member States retain the right to conclude treaties with foreign states concerning matters of public economy, neighborly relations, and police, provided such treaties contain nothing contrary to the Union or to the rights of other Member States.
14. All official intercourse between the Member States and foreign governments or their representatives shall take place through the agency of the High Council. The Member States may, however, correspond directly with subordinate authorities and officials of a foreign state with respect to the matters mentioned in Article 10.
15. No military capitulations may be concluded.
16. Every citizen of a Member State is a Union citizen. As a citizen, they:
a. may take part in all confederate appointments after having duly proved their right to vote;
b. are prohibited from the exercise of political rights in more than one Member State;
c. if established, shall enjoy at their domicile all the rights of the citizens of that Member State and, with these, all the rights of the citizens of that Member State. However, sharing in property belonging in common to local citizens or to corporations and the right to vote in matters exclusively regarding local citizens are excepted unless Member State legislation should provide otherwise.
17. The Union is entitled to further the relations of Union citizens living abroad among themselves and with the Union and to assist institutions set up to that effect.
18. In matters of civil law, established shall, as a rule, be subject to the jurisdiction and legislation of their domicile. Confederate legislation shall enact the provisions required to implement this principle and to prevent double taxation.
19. A confederate law shall specify the difference between establishment and residence and at the same time lay down provisions regulating the political and civil rights of resident Union citizens.
20. The Union is entitled to legislate on immigration, emigration, residence and establishment of aliens.
21. The Member States shall decide on residence and settlement in accordance with confederate legislation. The Union is, however, entitled to give final decisions on:
a. Member State authorizations for protracted residence and settlement as well as exceptions made in cases of hardship
b. violations of treaties concerning establishment;
c. Member State expulsion orders valid for the whole territory of the Union;
d. refusal to grant asylum.
22. All Member States are bound to afford all Union citizens the same treatment as their own citizens in the fields of legislation and of judicial proceedings.
23. The Union has the right to expel from its territory aliens who endanger the internal or external security of the Union.
IV. Naval and Defense Affairs
24. The Union maintains a standing navy. It shall be formed from the pluricontinental, Predicean institution of the Regia Marina.
25. In the event of disputes arising among them, the Member States must refrain from taking any independent action and from arming themselves. They shall submit to the settlement of such disputes as decided in accordance with confederate regulations.
26. In the event of a Member State being suddenly threatened by a foreign power, its government shall seek the assistance of other Member States while simultaneously informing the confederate authority, this being done without prejudice as to the measures that authority may decide. The Member States called upon must give their assistance. The Union shall bear the costs.
27. In the case of internal troubles or when another Member State threatens danger, the government of the threatened Member State must immediately inform the High Council in order to enable it to take appropriate measures within the limits of its competence (Article 72 (c), (j) and (k)) or to summon the General Assembly. In urgent cases, while immediately informing the High Council, the government is entitled to seek help from other Member States, which must provide it.
28. Whenever the Member State government is unable to summon help, the competent confederate authority may intervene without being called upon. This authority must do so whenever the security of the Union is at stake.
29. In the event of a confederate intervention, the confederate authorities shall ensure that the provisions of Article 5 are observed.
30. In the cases mentioned in Articles 13, 14, 15, and 16, every Member State must grant free passage to the Regia Maria and the armed forces of the Member States. These shall immediately be placed under confederate command.
V. Economic and Financial Affairs
31. Navigation legislation is a confederate concern.
32. All matters relating to customs are a confederate concern. The Union has the right to levy import and export duties.
33. Freedom of trade and industry is guaranteed throughout the territory of the Union, subject to such limitations as are contained in the Treaty and the legislation enacted under its authority. It shall be formed from the pluricontinental, Predicean institution of Imperial Preference.
34. Provisions mentioned in Articles 38, 41, 42, 43, and 44 may only be enacted through confederate laws or confederate decrees.
35. In the case of emergencies occurring during periods of economic disturbances, Articles 8, 9, and 78 shall remain applicable.
36. The Member States shall be consulted prior to the enactment of executory legislation. As a rule, the execution of the confederate regulations shall be entrusted to them. Interested economic organizations shall be consulted prior to the enactment of executory legislation and may be called upon to cooperate in the application of executory regulations.
38. The Union is entitled to legislate on banking. Such legislation shall take into consideration the specific task and position of the Member State banks.
39. It shall form a monetary union under the Predicean lira.
40. The Central Bank of Predice, a pluricontinental institution, shall be an independent central bank for the monetary union that serves the overall interests of the Union. It shall be administered with the cooperation and under the supervision of the Union.
41. The Union shall take measures to ensure balanced economic development and, in particular, to prevent and combat unemployment and price inflation. It shall collaborate with the Member States and private enterprise.
42. When drawing up their estimates the Union and the Member States shall take into consideration the requirements of the economic situation. The Union can temporarily levy surcharges or grant rebates on confederate taxes to stabilize the economy. The money withdrawn from circulation is to be frozen for as long as the economic situation requires. Direct taxes shall then be refunded individually, indirect ones shall be used for the granting of rebates or for work creation.
43. The Union shall take into consideration the varying economic development of the individual regions of the Union.
44. It shall conduct the necessary economic policy surveys.
45. It is entitled to exercise all rights pertaining to the state monopoly of coinage. It alone has the right to coin money. It shall determine the monetary system and, if necessary, shall enact regulations on the rate of exchange.
46. It is entitled to levy taxes. Confederate legislation shall provide for the implementation of this article.
47. To cover its immediate expenses, the Union, from time to time, is entitled to net receipts, funds from taxes levied by Member States, and other contributions from the Member States. Treaties between the Union and the Member States shall provide for the implementation of this article.
48. The Union is entitled to legislate on civil capacity, on all legal matters relating to commerce and movable property transactions, on copyrights in literature and arts, on protection of inventions suitable for industrial use, including designs and models, and on suits for debts and bankruptcy.
Part 2: Confederate Authorities
VI. Distribution of Power
49. The central organs of the Predicean Union shall be: the Head of the Union, the High Council, the General Assembly, and the Arbitration Court of the Union.
50. The King of Predice shall be the Head of the Union. He represents the Union in its relations with the Peoples of the Member States and Foreign Powers.
51. The General Assembly of the Union shall be composed of elected by the Peoples of the Member States. It shall serve as the legislative organ of the Union.
52. The High Council shall be composed of the Heads of Government of the Union, their delegations, and other representatives of the Member States that shall be accredited to the Head of the Union. The President and the Vice-President of the Council is elected by members of the High Council. It shall serve as the executive organ of the Union.
53. The Arbitration Court of the Union shall be composed of judges elected by the General Assembly, by a two-thirds majority and outside its membership. It shall serve as the judicial organ of the Union.
54. The officials of the Union are responsible for their official activities. A confederate law shall specify the scope of this responsibility.
VII. The Head of the Union
55. The Head of the Union shall perform only such acts in matters as are provided for in the Treaty and he shall not have powers related to the Union.
56. He may delegate the performance of his acts as may be provided by confederate law.
57. He, with the advice and approval of the High Council, shall perform the following acts on behalf of the Peoples of the Union:
a. promulgation of Union laws, High Council decrees, amendments, and treaties;
b. convocation of the General Assembly;
c. dissolution of the General Assembly;
d. proclamation of general election of members of the General Assembly;
e. attestation of the appointment and dismissal of the High Council members and other officials as provided for by confederate law, and of full powers and credentials of Ambassadors and Ministers;
f. attestation of instruments of ratification and other diplomatic documents as provided for by confederate law;
g. receiving foreign ambassadors and ministers;
h. performance of ceremonial functions.
VIII. The General Assembly
58. Subject to the rights of the Member States (Articles 8 and 9; at the present time: Articles 8, 9, and 78), the legislative power of the Union shall be exercised by a unicameral General Assembly.
59. The members of the General Assembly shall be elected by the legislatures of the Member States. A confederate law shall determine the mode of representation of the different sections of the population.
60. The General Assembly shall be elected every four years and each time the whole Assembly is subject to election.
61. It shall elect from its members a president and vice-president for each ordinary and extraordinary session.
62. When the votes are equal the President of the General Assembly shall have the casting vote. At elections he shall have the same voting rights as every other member.
63. Members of the General Assembly shall be paid an allowance by the confederate treasury.
64. The General Assembly shall deal with all matters which, according to the Treaty, fall within the competence of the Union and have not been attributed to another confederate authority.
65. The matters within the competence of the General Assembly are in particular the following:
a. laws on the organization and the mode of election of the confederate authorities;
b. laws and decrees on matters which the Treaty places within the competence of the Union;
c. salaries and allowances of the members of the confederate authorities and the Union Secretariat;
d. setting up of permanent confederate offices and determination of the corresponding salaries;
f. election of the Arbitration Court, the Secretary-General of the Union Secretariat, and the commander of the Confederate Navy. Confederate legislation may entrust to the General Assembly the right to make or to confirm other appointments;
h. alliances and treaties with foreign states as well as approval of treaties of Member States among themselves or with foreign states. However, such treaties of the Member States shall only be submitted to the General Assembly if the High Council or another Member State raises an objection to them;
i. measures for the external security as well as for the preservation of the independence of the Union, declaration of war and conclusion of peace.
j. guarantee of the constitutions and the territory of the Member States; interventions pursuant to this guarantee; measures for internal security and the preservation of peace and order; amnesty and pardon.
k. measures aimed at the implementation of the Treaty, the guaranteeing of the Member State constitutions and the carrying out of confederate obligations.
l. the right to dispose over the Confederate Navy.
m. The drawing up of the annual budget and approval of the Union's accounts as well as decrees on the floating of loans.
n. general supervision of confederate administration and justice.
o. complaints against decisions of the High Council concerning administrative disputes (Article 92).
p. conflicts of competence between confederate authorities.
66. The General Assembly convene in session regularly. The convening of sessions is governed by confederate law.
67. The High Council or one quarter of the members of the General Assembly may request that the Assembly be convened for an extraordinary session.
68. In order that a General Assembly may deliberate validly, the absolute majority of its members must be present.
69. In the General Assembly, decisions are taken by the majority of the members casting a vote.
70. However, the consent of an absolute majority of the General Assembly is required for a declaration that a confederate act is urgent.
71. Members of the General Assembly shall vote without instructions.
72. The meetings of the General Assembly shall be public.
IX. The High Council
73. The High Council shall be formed anew after each renewal of the General Assembly.
74. The President of the High Council shall be the chair of the Council. He and the Vice-President shall be chosen by the members of the Council for a term of one year.
75. He and the other members of the High Council shall draw a salary from the confederate treasury.
76. In order that its decisions may be valid, at least all heads of government and the absolute majority of the total membership at the High Council must be present.
77. Members of the High Council may participate in the debates of the General Assembly in a consultative capacity and have the right to voice proposals concerning the subject-matter under discussion.
78. The powers and obligations of the High Council, within the limits of the treaty, are in particular the following:
a. it shall conduct confederate affairs in conformity with the confederate laws;
b. it shall ensure compliance with the Treaty and laws of the Union; it shall, on its own initiative or pursuant to a request, issue confederate decrees to secure their enforcement to the extent that such requests are not among those which fall within the jurisdiction of the Arbitration Court according to Article 92;
c. it shall ensure that the guarantee of the Member State constitutions is not infringed;
d. it shall submit to the General Assembly drafts of laws and shall give its opinion on proposals submitted to it by the General Assembly;
e. it shall give effect to the confederate laws, the judgments of the Arbitration Court as well as to the settlements or arbitral awards in connection with disputes between Member States;
f. it shall make the appointments which are not entrusted to the General Assembly, the Arbitration Court or another authority;
g. it shall examine the agreements of the Member States among themselves and with foreign states and shall approve them if they are admissible (Article 65 (h));
h. it shall watch over the external interests of the Union, particularly its international relations, and it shall be in charge of external affairs generally;
i. it shall watch over the external security of the Union and over the preservation of its independence;
j. it shall ensure the internal security of the Union and the preservation of peace and order;
k. it shall be in charge of the Confederate Navy and of all branches of the confederate administration;
l. it shall examine the laws of the Member States which require its approval;
m. it shall manage the finances of the Union, draft the budget and render the accounts of receipts and expenditure;
n. it shall supervise the official activities of all officials and employees of the confederate administration;
o. at each ordinary session, it shall render an account of its activities to the General Assembly and submit a report on the internal as well as on the external state of the Union and it shall draw the General Assembly's attention to such measures as it deems useful for the promotion of common prosperity;
p. it shall also submit reports on specific questions if the General Assembly or one of its sections so request.
79. Decrees put immediately into effect which have no treaty basis must be approved by the General Assembly within 30 days after their adoption by the General Assembly; failing this, they shall lose their validity after the lapse and may not be renewed.
X. The Union Secretariat
80. The Union Secretariat, headed by a Secretary-General, shall act as the secretariat of the High Council and the General Assembly.
81. The Secretary-General shall be elected by the General Assembly for a term of four years, at the same time as the High Council.
82. He shall be placed under the special supervision of the High Council.
83. Confederate law shall determine the details of the organization of the Union Secretariat.
XI. The Arbitration Court of the Union
84. The Arbitration Court of the Union shall be established for the administration of justice to the extent that this is a confederate concern.
85. The General Assembly shall ensure that the official languages of the Union are represented in the Arbitration Court.
86. The organization of the Arbitration Court, confederate administrative and disciplinary jurisdiction, the number of its members and substitutes, the duration of their term of office, and their salary shall be determined by confederate law.
87. Any Union citizen who is eligible for the General Assembly may be appointed to the Arbitration Court.
88. The Arbitration Court shall organize its secretariat and appoint its staff.
89. It shall adjudicate civil law disputes:
a. between the Union and the Member States;
b. between the Union and corporations or private persons if the subject of the dispute is of a degree of importance to be determined by confederate legislation and if those corporations or private persons are plaintiffs;
c. between the Member States;
d. between Member States and corporations or private persons if the subject of the dispute is of a degree of importance to be determined by the confederate legislation and if one of the parties so requests.
90. The Arbitration Court must also to adjudicate other cases if both parties agree to refer them to it and if the subject of the dispute is of a degree of importance to be determined by confederate legislation.
91. It shall pass judgment, with the assistance of a jury to give a verdict on the facts, in criminal cases concerning:
a. Crimes against humanity and violence against the confederate authorities;
b. crimes and offences against treaties;
c. political crimes and offences which are the cause or the consequence of disorders which give rise to an armed confederate intervention;
d. Charges against officials appointed by a confederate authority, if the latter refers them to the Arbitration Court.
92. It shall further adjudicate:
a. Conflicts of competence between confederate authorities on the one hand and authorities of the Member States on the other;
b. disputes between Member States in the field of public law;
c. complaints concerning the violation of the constitutional rights of citizens as well as individual complaints concerning the violation of international treaties.
d. administrative disputes falling within the scope of the Union and referred to it by confederate legislation.
e. disciplinary cases of the confederate administration referred to it by confederate legislation insofar as such cases shall not be referred to a special jurisdiction.
93. The Member States are entitled, subject to the approval of the General Assembly, to refer for adjudication to the Arbitration Court administrative disputes falling within the scope of their competence.
94. The administrative disputes which shall be specified by confederate legislation are excepted.
95. In all aforementioned instances, the Arbitration Court shall apply the laws and generally binding decrees adopted by the Union, as well as the international treaties approved by the General Assembly.
96. Confederate legislation may also confer jurisdiction upon the Arbitration Court on matters other than those specified in Articles 89, 90, 91 and 92.
In witness where of the undersigned Plenipotentiaries have signed this Treaty. Done at Antofagosta, 13 December 2007.
Countersigned:
State Chancellor of the Middle Countries and concurrently the President of the High Council
GONZAGA, Lennart
Minister for PU Affairs (Middle Countries)
FULLINGS, Moreno
Gonfaloniere of Predice and concurrently the Union Minister of Foreign Affairs
MAGERANCA, Alberto
Minister for PU Affairs (Predice)
MERANDA, Marco
Council President of Caruia
CESAL, Jayme
Minister for PU Affairs (Caruia)
BONNETT, Jarad
