(Approved) Judiciary Investigation Act

Great Eurussia wrote:

New Tarajan wrote:Done.

About your answer: to ensure the neutrality of the Prosecutor, and not to overload excessively the job of the judges. Moreover, I personally asked to the Court about this point, and their opinion was that it would have been better to have a third person with such a charge.

If that is the case, isn't it the Court is already neutral by itself? Furthermore, forgive us if we might have missed any point. Is the Prosecutor General can only act upon the orders of the Court? If so, is it stipulated in the bill?

New Tarajan wrote:

Great Eurussia wrote:

New Tarajan wrote:Done.

About your answer: to ensure the neutrality of the Prosecutor, and not to overload excessively the job of the judges. Moreover, I personally asked to the Court about this point, and their opinion was that it would have been better to have a third person with such a charge.

If that is the case, isn't it the Court is already neutral by itself? Furthermore, forgive us if we might have missed any point. Is the Prosecutor General can only act upon the orders of the Court? If so, is it stipulated in the bill?

Yes. It is clearly written that the Court receive or issue a request for investigation and only then, the Prosecutor will began his investigations.
And yes, the Court is neutral, but investigation but this way the neutrality will be only reinforced. Moreover, do not forget the second point, about the overload of the work of the judges. Also, considering this was a request of the CoJ, I believe they had their good reasons for suggesting this.

Art. 4

The position of Prosecutor General is for life. In case of severe violations of the law, the Court of Justice can order to the Prosecutor General to leave its seat. 
The Council and the Parliament can submit to the Court the request for removal of the Prosecutor General from its Office with a two-thirds majority vote, specifying the reasons for such a move and only in case of violations of the law, which may be determined by the judgement of the Court.

Art. 6

In case the results of the preliminary investigation call for the intervention of the CoJ, the Prosecutor General shall immediately send all the evidences collected to the CoJ itself. It will also take the role of prosecutor during the subsequent trial.

Art. 7

The Prosecutor General has the right to suspend every suspected activity during the phase of preliminary investigation. The suspended activity can be immediately resumed after one week, if the results of the investigation do not provide any evidence against it.
In case of violation of the order of suspension, the Prosecutor General can directly ask for an intervention of the WADSJ.

New Tarajan wrote:About the first objection, it's yet as you ask: the CoJ can remove the Prosecutor when it wants.

Also for the Green, obviously the Council and the Parliament can ask, both of them, without prejudice.

About the last two points, I'll change the draft accordingly.

Great Eurussia wrote:

New Tarajan wrote:About the first objection, it's yet as you ask: the CoJ can remove the Prosecutor when it wants.

Also for the Green, obviously the Council and the Parliament can ask, both of them, without prejudice.

About the last two points, I'll change the draft accordingly.

Thank you. We will look into the changes and if we are satisfied, there will be no more reason for Eurussia to challenge or block the bill. 

New Tarajan wrote:Indeed.

Great Eurussia wrote:

New Tarajan wrote:Indeed.

Are the amendments done?

New Tarajan wrote:

Great Eurussia wrote:

New Tarajan wrote:Indeed.

Are the amendments done?

They've been already done.

Great Eurussia wrote:

New Tarajan wrote:

Great Eurussia wrote:

New Tarajan wrote:Indeed.

Are the amendments done?

They've been already done.

Thank you very much. Eurussia appreciates the efforts of New Tarajan to make the bill in line with the Constitution. However, changes to Article 6 have not been addressed properly, as stipulated there, 

" the PG can take the role of prosecutor in trial "

Seeing it is so vague, we wish to revise in clear terms that the PG cannot take a role on state-to-state trial but only on serious violations of international regulatory laws.

This is our last and final concern with the bill.

Europe and Asia wrote:

Great Eurussia wrote:

New Tarajan wrote:

Great Eurussia wrote:

New Tarajan wrote:Indeed.

Are the amendments done?

They've been already done.

Thank you very much. Eurussia appreciates the efforts of New Tarajan to make the bill in line with the Constitution. However, changes to Article 6 have not been addressed properly, as stipulated there, 

" the PG can take the role of prosecutor in trial "

Seeing it is so vague, we wish to revise in clear terms that the PG cannot take a role on state-to-state trial but only on serious violations of international regulatory laws.

This is our last and final concern with the bill.

Isn't that already specified?

Europe and Asia wrote:I drafted a quick amendment. What do you think?

Act 8.

The Prosecutor-General shall act as the de jure prosecutor during cases involving, insofar as limited to, State v. WA Government, Regional Organization v. Government, Law (Parliamentary or Council) v. Government. The Prosector-General shall not participate in cases that involve one state versus another, or where one state charges another. 

Great Eurussia wrote:

Europe and Asia wrote:I drafted a quick amendment. What do you think?

Act 8.

The Prosecutor-General shall act as the de jure prosecutor during cases involving, insofar as limited to, State v. WA Government, Regional Organization v. Government, Law (Parliamentary or Council) v. Government. The Prosector-General shall not participate in cases that involve one state versus another, or where one state charges another. 

Just perfect. This is enough, and if added to the bill, we have no opposition anymore. We would just like to take note that under the Judicial Protocol Act, the President of the WA Government, particularly the Council President, is compelled to stand in Court for the WA Government and/or its laws.

On Article 4, correct me if I'm wrong. Haven't we agreed that the Court shall have the freedom to dismiss the PG? Regardless of whether there are violations of law or not?

Europe and Asia wrote:

Great Eurussia wrote:

Europe and Asia wrote:I drafted a quick amendment. What do you think?

Act 8.

The Prosecutor-General shall act as the de jure prosecutor during cases involving, insofar as limited to, State v. WA Government, Regional Organization v. Government, Law (Parliamentary or Council) v. Government. The Prosector-General shall not participate in cases that involve one state versus another, or where one state charges another. 

Just perfect. This is enough, and if added to the bill, we have no opposition anymore. We would just like to take note that under the Judicial Protocol Act, the President of the WA Government, particularly the Council President, is compelled to stand in Court for the WA Government and/or its laws.

On Article 4, correct me if I'm wrong. Haven't we agreed that the Court shall have the freedom to dismiss the PG? Regardless of whether there are violations of law or not?

I believe so.

New Tarajan wrote:The Art. 4 has been amended.

Also, your amendment is good, Eurasia...but are you sure is for Art. 8?

New Tarajan wrote:

JUDICIARY INVESTIGATION ACT

Authored by the Federal Aristocratic Kingdom of New Tarajan, in representation of the Empire of Tarajan, the Arveyran Dominions and the Outer Territories, Member of the World Alliance Royalist Party, President of the Council


Section I.

Art. 1

The World Alliance, recognizing the necessity, for the Court of Justice (CoJ), to proceed with independent investigation, as an indispensable requirements for the fulfillment of its mandate as established by the Constitution, hereby creates the Office of the Prosecutor General of the CoJ.

Art. 2

The mandate of the Prosecutor General is defined by this law, alongside his duties and responsibilities.

Art. 3

The Prosecutor General shall be choosen by the Members of the Court of Justice immediately after the approval of this law.
It is eligible for the seat every country actively engaged in the WA activities. The choice shall be communicated to the President of the Council and the Speaker of the Parliament in two (2) days. If the choosen country accepts the appointment, it will immediately take its Office.
The seat of Prosecutor General is not compatible with any other seat inside the Court of Justice itself, the Parliament or the Council. In case the appointed country already holds a position inside these three bodies, it shall immediately resign.

Art. 4

The position of Prosecutor General is for life. The Court of Justice can order to the Prosecutor General to leave its seat.
The Council and the Parliament can submit to the Court the request for removal of the Prosecutor General from its Office with a two-thirds majority vote, specifying the reasons for such a move and only in case of violations of the law, which may be determined by the judgement of the Court.

Section II.

Art. 5

The main duty of the Prosecutor General is to investigate, collect evidences and assist the members of the CoJ in the fulfillment of their mandate through consultation and analysis.
It has the right to begin preliminary investigations on every country, organization, institution and political entity, if there is the suspect of violations of the law, under request of the CoJ. Every WA Institution, Organization and Country has the right to submit to the Court of Justice a formal request for investigation.
It is the duty of the CoJ to send an official notice to all the parties involved, specifying the reasons which lead to the investigation.
The Prosecutor General will then send a memorandum to all the parties involved and to the CoJ, with the results of the preliminary investigation. The memorandum shall be issued in one week after the official beginning of the investigation.

Art. 6

In case the results of the preliminary investigation call for the intervention of the CoJ, the Prosecutor General shall immediately send all the evidences collected to the CoJ itself.
The Prosecutor-General shall act as the de jureprosecutor during cases involving, insofar as limited to, State v. WA Government, Regional Organization v. Government, Law (Parliamentary or Council) v. Government. The Prosector-General shall not participate in cases that involve one state versus another, or where one state charges another.

Art. 7

The Prosecutor General can request to the Court the suspension of every suspected activity during the phase of preliminary investigation. The suspended activity can be immediately resumed after one week, if the results of the investigation do not provide any evidence against it.
In case of violation of the order of suspension, the Prosecutor General can request to the Court the intervention of the WADSJ.

Section III.

Art. 8

In the fulfillment of its mandate, the Prosecutor General shall have the full collaboration of every country, institution, organization and political entity of the World Alliance. However, any country, institution, organization or political entity can refuse the jurisdiction of the Prosecutor General and the Court, thus freeing itself from this obligation.

Art. 9

In case the Prosecutor General is a party involved in a trial, it is the duty of the CoJ to appoint a new Prosecutor General with a temporarily-limited mandate.

Great Eurussia wrote:

New Tarajan wrote:

JUDICIARY INVESTIGATION ACT

Authored by the Federal Aristocratic Kingdom of New Tarajan, in representation of the Empire of Tarajan, the Arveyran Dominions and the Outer Territories, Member of the World Alliance Royalist Party, President of the Council


Section I.

Art. 1

The World Alliance, recognizing the necessity, for the Court of Justice (CoJ), to proceed with independent investigation, as an indispensable requirements for the fulfillment of its mandate as established by the Constitution, hereby creates the Office of the Prosecutor General of the CoJ.

Art. 2

The mandate of the Prosecutor General is defined by this law, alongside his duties and responsibilities.

Art. 3

The Prosecutor General shall be choosen by the Members of the Court of Justice immediately after the approval of this law.
It is eligible for the seat every country actively engaged in the WA activities. The choice shall be communicated to the President of the Council and the Speaker of the Parliament in two (2) days. If the choosen country accepts the appointment, it will immediately take its Office.
The seat of Prosecutor General is not compatible with any other seat inside the Court of Justice itself, the Parliament or the Council. In case the appointed country already holds a position inside these three bodies, it shall immediately resign.

Art. 4

The position of Prosecutor General is for life. The Court of Justice can order to the Prosecutor General to leave its seat.
The Council and the Parliament can submit to the Court the request for removal of the Prosecutor General from its Office with a two-thirds majority vote, specifying the reasons for such a move and only in case of violations of the law, which may be determined by the judgement of the Court.

Section II.

Art. 5

The main duty of the Prosecutor General is to investigate, collect evidences and assist the members of the CoJ in the fulfillment of their mandate through consultation and analysis.
It has the right to begin preliminary investigations on every country, organization, institution and political entity, if there is the suspect of violations of the law, under request of the CoJ. Every WA Institution, Organization and Country has the right to submit to the Court of Justice a formal request for investigation.
It is the duty of the CoJ to send an official notice to all the parties involved, specifying the reasons which lead to the investigation.
The Prosecutor General will then send a memorandum to all the parties involved and to the CoJ, with the results of the preliminary investigation. The memorandum shall be issued in one week after the official beginning of the investigation.

Art. 6

In case the results of the preliminary investigation call for the intervention of the CoJ, the Prosecutor General shall immediately send all the evidences collected to the CoJ itself.
The Prosecutor-General shall act as the de jureprosecutor during cases involving, insofar as limited to, State v. WA Government, Regional Organization v. Government, Law (Parliamentary or Council) v. Government. The Prosector-General shall not participate in cases that involve one state versus another, or where one state charges another.

Art. 7

The Prosecutor General can request to the Court the suspension of every suspected activity during the phase of preliminary investigation. The suspended activity can be immediately resumed after one week, if the results of the investigation do not provide any evidence against it.
In case of violation of the order of suspension, the Prosecutor General can request to the Court the intervention of the WADSJ.

Section III.

Art. 8

In the fulfillment of its mandate, the Prosecutor General shall have the full collaboration of every country, institution, organization and political entity of the World Alliance. However, any country, institution, organization or political entity can refuse the jurisdiction of the Prosecutor General and the Court, thus freeing itself from this obligation.

Art. 9

In case the Prosecutor General is a party involved in a trial, it is the duty of the CoJ to appoint a new Prosecutor General with a temporarily-limited mandate.

Citing that all our concerns have been addressed, Eurussia hereby issues its support for the bill.

We are in favor.