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Cortes Federales Act, 1694

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Cortes Federales Act, 1694

Cortes Federales
Long title An Act to contribute to the democratic and efficient operation of the Cortes Federales by prescribing matters necessary for the organization and proceedings of said body; among other purposes.
Number 001
Introduced by Deputy Daniel Valkory, Deputy from North Lyrica (FHP)
Extent Federation of Nouvelle Alexandrie
Dates
Royal Assent 5.I.1695 AN
Commencement 5.I.1695 AN
File:Current.png
Text of statute as originally enacted


Key provisions

Lord Protector of the Cortes Federales

Powers of the Cortes Federales

Lawmaking process

Legislative history

Status Date Tabled By Vote Outcome
Introduced in the Federal Assembly 1694 AN Deputy Daniel Valkory (FHP)
Debated in the Federal Assembly 1694 AN
Passed in the Federal Assembly 1694 AN 457 Ayes, 0 Noes, and 162 abstentions.
Debated in the Chamber of Peers 1694 AN
Passed in the Chamber of Peers 1694 AN 3 Ayes, 0 Nays and 1 abstention
Royal Assent 1695 AN

Text


CORTES FEDERALES ACT, 1694

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1694 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 1st session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

  1. This Act shall be officially cited as the “Cortes Federales Act, 1694”.

2. CONSTITUTIONAL AUTHORITY.

  1. Chapter IV, Article 30, Section 6 of the Proclamation of Punta Santiago establishes that “The Cortes Federales shall provide in a Cortes Federales Act for the process by which laws are made.”

3. SCHEDULED SITTINGS OF THE CORTES FEDERALES.

  1. H. M. the King may appoint such times for holding the sessions of the Cortes Federales as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Cortes Federales, and may in like manner dissolve the Cortes Federales.
  2. Meetings of members of the Cortes Federales which are held without having been called in the adequate and proper statutory manners, shall not be binding on the Federal Assembly or the Chamber of Peers, and members may not exercise their functions nor enjoy their privileges.
  3. After any general election, the Cortes Federales shall be summoned to meet not later than two weeks after the results of the general election are fully certified, as provided by the law.
  4. H. M. the King has the right to convoke the Cortes Federales to a joint extraordinary meeting.
  5. H. M. the King can adjourn the Cortes Federales, however, the adjournment cannot exceed the period of one (1) AN year nor be renewed in the same session without the consent of the Cortes Federales.
  6. The sessions of both chambers will be public, except in cases in which the welfare of the Federation requires them to be secret.
  7. The Cortes Federales shall sit in the capital, but may sit or be adjourned to elsewhere in the Federation as the Cortes may provide, or as H.M. the King may provide in the event of crisis or emergency.

4. SPECIAL SESSIONS OF THE CORTES FEDERALES.

  1. When a special session of the Cortes Federales requested to convene, the Speaker of the Federal Assembly and the Lord President of the Chamber of Peers shall jointly publicly announce it at least three days before the session is convened. In such cases, if there are two requests for a special session or more, a request for a session the date of which is earlier shall be publicly announced, and if they are made for the same date, a request made first shall be publicly announced.
  2. Notwithstanding paragraph (1), the Speaker of the Federal Assembly or the Lord President of the Chamber of Peers may publicly announce one day before a session is convened, in either of the following cases:
    1. In cases of internal turmoil, external menace, natural calamity, or grave financial or economic crisis;
    2. In cases of grave state of hostilities affecting national security, or wartime, incident, or national emergency equivalent thereto.

5. SALARIES AND ALLOWANCES.

  1. Deputies and Peers shall receive a salary to be determined by their respective Chamber, with all spending and pay details to be maintained and updated in a public and transparent manner as prescribed by law.
  2. Allowances, defined for the purposes of this Act only as expenses incurred for legislative and constituency activities, shall be paid to members of the Federal Assembly and the Chamber of Peers every AN year provided that where the payday for allowances falls on an official holiday, such allowances shall be paid on the preceding day thereof.
  3. In order to particularly support members of the Cortes Federales with legislative activities when the Cortes is in session, money shall be paid to cover expenses for such special activities, as provided by the law.

6. STANDING ORDERS AND OFFICIALS OF THE ASSEMBLY AND PEERS.

  1. The Standing Orders of the Federal Assembly and the Chamber of Peers and their reform shall be subject to a final vote over the whole text, which shall require the overall majority of the Chamber it applies to.
  2. The Federal Assembly and the Chamber of Peers shall elect their executive and parliamentary officials and the other members of their Bureaus.
  3. The Speakers of the Federal Assembly and the Lord President of the Chamber of Peers shall exercise on their behalf all administrative powers and disciplinary functions within its premises.

7. ARRANGEMENTS FOR THE PRESENCE OF H.M. THE KING.

  1. When H.M. the King comes publicly to the Cortes Federales, the Deputies and Peers shall be attired in their robes or in such dress as may be approved by H.M. the King, and shall sit in their duly established places.
  2. At all such solemn times, before H.M. the King comes, no person other than a Deputy or a Lord shall be allowed on the floor except:
    1. such members of the Royal Family as H.M. the King may direct;
    2. judges summoned by writ and the officers and attendants of the Chamber of Peers; and
    3. such Peers and members of the Diplomatic Corps as are in possession of an invitation issued by the Lord President of the Chamber of Peers or the Speaker of the Federal Assembly
  3. No person whatsoever shall presume to stand upon the steps of the Throne but such as accompany H.M. the King as necessary by protocol and ceremony, and those that bear the Regalia.
  4. The approaches to the Federal Assembly and the Chamber of Peers shall be kept clear from all unauthorised persons, and the Lord Protector of the Cortes Federales shall be desired to take care to see this Standing Order duly observed.

8. LORD PROTECTOR OF THE CORTES FEDERALES.

  1. There shall be a Lord Protector of the Cortes Federales, appointed by H.M. the King on the advice of the President of the Government, and confirmed by a plurality vote of the Chamber of Peers.
  2. In order to maintain order inside the Cortes Federales during the session, the Lord Protector shall have the power of guard in the Cortes Federales.
  3. For the purpose of security and guarding of the Cortes Federales, security guards shall be assigned to the Cortes Federales. The security and guarding services, to be called the Cortes Federales Police, shall be provided under the direction of the Lord Protector of the Cortes Federales.
  4. The Lord Protector shall be the head of the Cortes Federales Police, and shall police Cortes Federales Buildings and Grounds under the direction of the Cortes Police Board, consisting of the Lord Protector of the Cortes Federales, the Speaker of the Federal Assembly, the Lord President of the Chamber of Peers, and the Architect of the Cortes Federales, and shall have the power to enforce the provisions of this section, and to make arrests within the Cortes Federales Buildings and Grounds for any violations of any law of Nouvelle Alexandrie, of the Federal Capital District, or of any Region, or any regulation promulgated pursuant thereto.
  5. When it is deemed necessary for the security and guarding of the Cortes Federales, the Speaker of the Federal Assembly or the Lord Protector of the Chamber of Peers may request that the Government dispatch police officers from other law enforcement agencies for a prescribed period with the consent of the Lord Protector.
  6. For purposes of this section, “the Cortes Federales Buildings and Grounds” shall include any building or facility acquired for the use of the Cortes Federales for which the Lord Protector of the Cortes Federales has entered into an agreement with the Cortes Federales Police for the policing of the building or facility.
  7. For purposes of this section, “the Cortes Federales Buildings and Grounds” shall include the buildings and grounds of the Library of the Cortes Federales, the Primo de Aguilar Office Building, the Alfonso Velez Office Building, and the Marco Zimmer Administration and Office Building.
  8. The Lord Protector of the Cortes Federales shall be a member of the Chamber of Peers, with the office being granted the title of Baron of Cuernavaca (Lord Cuernavaca). #The title shall remain conferred to the position of Lord Protector, and not to the officeholder.
  9. The Lord Protector of the Cortes Federales shall organize access to and the maintenance of order within the Chamber of Peers and its environs. Through an agreement with the Speaker of the Federal Assembly, the Lord Protector may also assume these responsibilities for the Federal Assembly.
  10. Further provisions, powers, and responsibilities for the Lord Protector of the Cortes Federales may be provided by Royal Decree or Act of the Cortes Federales, subject to an approval vote from the Chamber of Peers if at least two Deputies motion for a vote of approval.
  11. Funding for the Lord Protector of the Cortes Federales shall be provided by the Federal Assembly and its budget, supplemented by the incomes of the maintenance of tourist facilities, gift shops, or other vending machines or merchandise relating to the Cortes Federales being sold in the Cortes Federales building.
  12. The admission of strangers to the Cortes Federales and its precincts, whether or not either or both of the Chambers sit, shall be subject to such orders and rules as provided by law. The Lord Protector shall give effect to such orders and rules and shall have such powers (including the power to take into custody) as are necessary for that purpose.
  13. The Lord Protector of the Cortes Federales shall take into their custody any person whom the Chamber may order to be detained.
  14. In the absence of the Lord Protector of the Cortes Federales, the appropriate parliamentary police law enforcement agencies, as provided by law, may act in their place.
  15. The Lord Protector of the Cortes Federales shall issue admission tickets for the audience galleries in the Federal Assembly and the Chamber of Peers.
  16. If it is deemed necessary for maintaining order, the Lord Protector of the Cortes Federales may restrict the number of audience members admitted to the audience galleries in the Federal Assembly and the Chamber of Peers.


PART II
POWERS OF THE CORTES FEDERALES.

9. POWERS GIVEN TO THE CORTES FEDERALES.

  1. The Cortes Federales shall, subject to this Proclamation, have power to make laws for the peace, order, and good government of the Federation of Nouvelle Alexandrie with respect to:
    1. trade and commerce with other countries, and among the Regions;
    2. taxation; but so as not to discriminate between Regions or parts of Regions;
    3. bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Federation;
    4. borrowing money on the public credit of the Federation;
    5. postal, telegraphic, telephonic, and other like services;
    6. the naval and military defence of the Federation and of the several Regions, and the control of the forces to execute and maintain the laws of the Federation;
    7. lighthouses, lightships, beacons and buoys;
    8. astronomical and meteorological observations;
    9. Quarantine;
    10. fisheries in waters beyond territorial limits;
    11. census and statistics;
    12. currency, coinage, and legal tender;
    13. banking and the issue of paper money;
    14. Insurance;
    15. weights and measures;
    16. bills of exchange and promissory notes;
    17. bankruptcy and insolvency;
    18. copyrights, patents of inventions and designs, and trademarks;
    19. naturalization and aliens;
    20. foreign corporations, and trading or financial corporations formed within the limits of the Federation;
    21. marriage; divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;
    22. disabled and old-age pensions;
    23. the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services, benefits to students and family allowances;
    24. the service and execution throughout the Federation of the civil and criminal process and the judgments of the courts of the Regions;
    25. the recognition throughout the Federation of the laws, the public Acts and records, and the judicial proceedings of the Regions;
    26. immigration and emigration;
    27. the influx of criminals;
    28. external affairs;
    29. the relations of the Federation with the nations of the Raspur Pact;
    30. the acquisition of property on just terms from any Region or person for any purpose in respect of which the Cortes has power to make laws;
    31. the control of airways, roadways, railways, and other properties with respect to transport for the naval and military purposes of the Federation;
    32. the acquisition, with the consent of a Region, of any infrastructure of the Region on terms arranged between the Federation and the Region;
    33. infrastructure construction and extension in any Region with the consent of that Region;
    34. conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one Region;
    35. matters in respect of which this Proclamation makes provision until the Cortes Federales otherwise provides;
    36. matters referred to the Cortes Federales by the legislature of any Region or Regions, but so that the law shall extend only to Regions by whose legislature the matter is referred, or which afterwards adopt the law;
    37. matters incidental to the execution of any power vested by the Proclamation of Punta Santiago in the Cortes Federales or in either Chamber thereof, or in the Government of the Federation, or in the Federal Judicature, or in any department or officer of the Federation.


PART III
LAWMAKING PROCESS.

10. GENERAL PROVISIONS OF LAWMAKING.

  1. Proposed laws appropriating revenue, or imposing taxation, shall not originate in the Chamber of Peers.
  2. The Chamber of Peers may not amend proposed laws imposing taxation or proposed laws appropriating revenue of the Government.
  3. The Chamber of Peers may not amend any proposed law so as to increase any proposed charge or burden on the people.
  4. The Chamber of Peers may at any stage return to the Federal Assembly any proposed law which the Chamber of Peers may not amend, requesting, by message, the omission or amendment of any items or provisions therein. The Federal Assembly may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
  5. The Chamber of Peers shall have equal power with the Federal Assembly in respect of all proposed laws.
  6. If the Federal Assembly passes any proposed law, and the Chamber of Peers rejects or fails to pass it, or passes it with amendments to which the Federal Assembly will not agree, H. M. the King may cause for a Conference Committee to be formed to craft a compromise law. If the compromise law fails again, H. M. the King may convene a joint sitting of the Cortes Federales.
  7. The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the Federal Assembly, and upon amendments, if any, which have been made therein by one Chamber and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Federal Assembly and the Chamber of Peers shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Federal Assembly and the Chamber of Peers, it shall be taken to have been duly passed by both Chambers of the Cortes Federales, and shall be presented to H. M. the King for assent.
  8. When a proposed law passed by both Chambers of the Cortes Federales is presented to H. M. the King for their assent, the King shall declare, according to their discretion but subject to the law, that he assents or that he withholds assent.
  9. H. M. the King may return to the Chamber in which it originated any proposed law so presented to them, and may transmit therewith any amendments which he may recommend, and the Chambers may deal with the recommendations.
  10. With a view to carrying out its programme, the Government may seek the authorization of the Cortes Federales, for a limited period of time, to issue Departmental Orders regulating matters normally falling within the field of law-making.
  11. The Executive or Departmental Orders are made in the Council of State. They come into force upon publication, but cease to be effective if the Bill ratifying them is not laid before the Cortes Federales by the date fixed by the enabling Act. At the expiration of the period, the Executive or Departmental Orders may be modified only by law.


PART IV
JOINT SITTINGS OF THE CORTES FEDERALES.

11. JOINT SITTING OF THE CORTES FEDERALES.

  1. At the joint meetings of the two chambers, the Speaker of the Assembly shall preside; the Deputies and Peers shall take their places indiscriminately.
  2. The Federal Assembly and the Chamber of Peers and, when appropriate, both Chambers jointly, may appoint enquiry committees on any matter of public interest. Their conclusions shall not be binding on the Courts, nor shall they affect judicial decisions, but the results of investigations may be referred to the appropriate prosecutorial authorities for the exercise of appropriate action whenever necessary.
  3. The Federal Assembly and the Chamber of Peers (hereafter referred to as “the Chambers”) shall meet in joint sittings in order to exercise the non-legislative powers expressly conferred by the Proclamation of Punta Santiago or by law.
  4. In any case, if an agreement is not reached between the Chambers, an attempt to reach agreement shall be made by a Mediation Committee consisting of an equal number of Deputies and Peers. The Committee shall submit a text which shall be voted on by both Chambers. If this is not approved in the established manner, the Cortes Federales shall decide by overall majority.
  5. The Chambers shall convene in Plenary sittings and in Committees.
  6. The Chambers may delegate to Standing Legislative Committees the approval of Government or non-governmental bills. However, the Plenary sitting may at any time demand that any Government or non-governmental bill that has been so delegated be debated and voted upon by the Plenary itself.
  7. Excluded from the provisions of the foregoing paragraph are constitutional reform, international affairs, important acts, and the Government’s Budget.
  8. The Federal Assembly and the Chamber of Peers and, when appropriate, both Chambers jointly, may appoint enquiry committees on any matter of public interest. Their conclusions shall not be binding on the Courts, nor shall they affect judicial decisions, but the results of investigations may be referred to the proper prosecutorial authorities for the exercise of appropriate action whenever necessary.
  9. It shall be compulsory to appear when summoned by either Chamber, or a Committee or Subcommittee thereof, or the Chambers jointly. The law shall regulate penalties to be imposed for failure to comply with this obligation.
  10. Deputies and Peers shall enjoy freedom of speech for opinions expressed in the exercise of their functions.
  11. During their term of office, Deputies and Peers shall likewise enjoy freedom from arrest and may be arrested only in the event of flagrante delicto. They may be neither indicted nor tried without prior authorization of their respective Chamber.


PART V
FEDERAL ASSEMBLY.

12. COMPOSITION AND SEAT APPORTIONMENT.

  1. The Federal Assembly shall consist of a minimum of six-hundred and nineteen Deputies, elected as provided by the Proclamation of Punta Santiago.
  2. The number of Deputies of the Federal Assembly shall be regularly revised to reflect the population of the Federation.
  3. The total number of Deputies shall be distributed with each Region being allotted a minimum initial representation and the remainder being distributed in proportion to the population.
  4. The Federal Assembly may make laws prescribing the method of choosing Deputies, but so that the method shall be uniform for all the Regions.
  5. The seating arrangement of the Deputies shall be determined by the Speaker of the Federal Assembly in consultation with representative members of each Parliamentary Party provided that if they do not reach agreement, the Speaker shall make a tentative determination.


13. OFFICERS OF THE FEDERAL ASSEMBLY.

  1. The nomination of the Speaker, other parliamentary officers, clerks, and architects of the Federal Assembly, the verification of the powers of its members, the oath, and its internal police shall be carried out according to its Standing Orders or rules.
  2. The Speaker of the Federal Assembly shall exercise proprietary and police powers in the building where the Cortes Federales meet. No search or seizure may take place on the premises without the permission of the Speaker.

14. VACANCIES.

  1. Whenever a vacancy happens in the Federal Assembly, the Speaker or a duly delegated subordinate shall ensure that the party that originally won the vacant seat names a replacement.


PART VII
CHAMBER OF PEERS.

15. GENERAL PROVISIONS.

  1. The nomination of the Lord President of the Chamber of Peers, other parliamentary officers, clerks, and architects of the Chamber of Peers, the verification of the powers of its members, the oath, and its internal police shall be carried out according to its rules.
  2. The appointment of Peers of Nouvelle Alexandrie belongs to H. M. the King. Their number is unlimited: he can at his pleasure alter their dignities, appoint them for life, or make them hereditary.
  3. The Chamber of Peers is presided over by the Lord President of the Chamber of Peers, and in their absence, by a peer appointed by H. M. the King.
  4. Members of the royal family and princes of the blood are peers by right of their birth. They sit next to the Lord President; but they have no deliberative voice until twenty-five years of age.
  5. The princes can take their places in the chamber only upon the order of H. M. the King.
  6. The Chamber of Peers scrutinises bills that have been approved by the Federal Assembly. The Chamber of Peers shall have the power to regularly review and amend Bills from the Federal Assembly.
  7. The Chamber of Peers shall not prevent Bills passing into law, but it can delay Bills and force the Federal Assembly to reconsider their decisions.


PART VIII
OTHER PROVISIONS.

16. COMMENCEMENT AND APPLICATION.

  1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
  2. This Bill shall not become law unless it has been given Royal Assent.
  3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.

See also