Imperial Communiqué to the Ministry of Justice - 01.2018

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Imperial Communiqué to the Ministry of Justice - 01.2018

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THE KINGDOMS AND LANDS OF THE CROWN OF RUTHENIA AND THE LANDS REPRESENTED IN THE COUNCIL OF KARNIA
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To His Excellency, the Minister of Justice.


Your Excellency, my compliments.

We hereby have to express some of Our questions to the one who can give Us an apt answer. We are afraid of violating Our constitutional prerogatives, and it is in this sense, as our most trusted consultant of the juridical sciences of the Empire that We come to Your Excellency: for your advice.

First of all, We ask Your Excellency about the creation of the Electoral Code, how it is proceeding. Our Own Office is constantly being questioned about the progress of the ministerial work and We confess that we are curious about the evolution of this sensitive agenda, whose deadline is as close as 30 June, when We shall dissolve the first legislature giving us the very short period of just one month for holding elections.

The second issue, of lesser relevance, is a consultation about the Imperial House. We know Our prerogatives and limits, so well exposed in the Imperial Constitution whose reviewer and greatest author is Your Excellency. However, considering that part of the Fundamental Laws of the Royal Household, the text of law then used to define the functions of the members of the dynasty is out of date and also partially revoked, We question your understanding of the occupation of public offices by dynasts.

Her Imperial and Royal Majesty, the Empress, shows interest in taking on public office and participating more actively in some of the Empire's governance activities. In addition, Her Majesty volunteered to carry out activity that is the responsibility of the Imperial Bank of Karnia-Ruthenia - in casu, the limited production of notes of Ruthenian Marks. With this, We had the idea of appoint Her Majesty, even if just temporarily, for the ceremonial office of Governor of the Imperial Bank.

However, in having the idea and exposing it with Her Majesty the Empress, We also exposed the possibility of some legal impediment in this regard. The Imperial Bank, still without expressive activity in the face of the obstacles to the elaboration of economic activity, never had a Governor, who is per excellence a representative position and whose indication would not create any harm - whether to the Treasury, to the public administration, or to the law, provided there are no legal impediments.

That said, We would like your manifestation. We take this opportunity to express our highest esteem and admiration for Your Excellency.
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His Imperial and Royal Majesty, by the Grace of God, Emperor of Karnia and King of Ruthenia, King of Bessabia, King of Horvatia, Szolnók, Geza, Letingia, Escandia, King of Jestia, King of Temeswaria, etc.; Archduke of Karnia, Grand Duke of Gaussland, Caledonia; Duke of Ladislavia, Hoheneinsamkeit, Weißeswasser, Csorna, Chedowski, Balaton; Grand Prince of Karcag, Margrave of Luftrein, Duke of Persenburg, Götzödorf, Mohács, Pannonhalm, Podenbrad, Gyalla, Oswiencin, Zallanta, Cieszpreg, Fertodin, Rugoz, Árpád; Princely Count of Bihar, Tamaz, Koberg, Gerizia, Grevenia; Prince of Thomaz-Rocha, Bersód; Margrave of Upper and Lower Lusitia; Count of Heves, Feldkirchenberg, Brevento, Szentes, etc.; Lord of Fürstenbergserdboden, Kazin, etc., etc. etc.
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Re: Imperial Communiqué to the Ministry of Justice - 01.2018

Post by MichaeldeAppinfeldt »

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THE KINGDOMS AND LANDS OF THE CROWN OF RUTHENIA AND THE LANDS REPRESENTED IN THE COUNCIL OF KARNIA
HIS IMPERIAL AND ROYAL MAJESTY’S IMPERIAL CHANCELLOR OFFICE
To: His Imperial and Royal Majesty, and the Most August Imperial Minister of Justice

Re: Governorship of the Imperial Bank

1. THIS Office has reviewed our appointments and files, and has recieved no request for such appointment at this writing.

2. Due to certain pressing concerns of immediacy, this Office is temporarily unable to fully review whether it holds jurisdiction as regards such an appointment.

3. Given the above Points, this Office has no objection to the appointment of Her Imperial and Royal Majesty to the position in question.

Michael de Cessna
Duke of Appinfeldt, Count of Breisgau
Chancellor Imperial, etcetera
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His Majesty, Michael I, the King of Burgundaria
Grand Duke of Nordinsel, Prince of Scotia and Duke of Appinfeldt
Count of Breisgau, Duke of Solisia
OftE | RKSS | KofOMS | KoStG | IOL - 1st
Field Marshal of the Karno-Ruthenian Army
Aide-de-Camp of His Imperial and Royal Majesty
Commander of the Imperial & Royal Leibgarde
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Wilhelm v. Hochbach
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Re: Imperial Communiqué to the Ministry of Justice - 01.2018

Post by Wilhelm v. Hochbach »

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THE KINGDOMS AND LANDS OF THE CROWN OF RUTHENIA AND THE LANDS REPRESENTED IN THE COUNCIL OF KARNIA
HIS IMPERIAL AND ROYAL MAJESTY’S MINISTRY OF JUSTICE OFFICE
Justizpalast, Fifth day of May of Two Thousand and Eighteen.

YOUR IMPERIAL AND ROYAL MAJESTY,

I must inform Your Majesty that the work in the making of the Electoral Code is being carried out. The writing of any law, but especially that of a set of codified norms, requires a previous study of the legislated subject in order to be able to plan a noncontradictory and organic normative whole. At the moment, I am in the stage of conducting legal studies on Electoral Law, so that, right after, I will be able to move to the writing stage.

Although this seems far from the work commissioned, I reiterate that these studies are extremely important to create a coherent and fair Electoral Code, and I would never admit to deliver to the examination of the Imperial Diet nothing less than that. Nevertheless, I assure Your Majesty that the Code will be concluded before the end of the legislative year, so that the new elections will not be harmed. It is my major interest to ensure that the democratic process is perfectly realized, and thus assure Your Majesty that the deadline will not suffer.

As for the second question, I am afraid that, in the light of the constitutional text, the appointment of Her Majesty the Empress would not be well received. Through a systematic interpretation of the norms of the Constitution, it is clearly inferred the importance that this fundamental document gives to the separation of the prerogatives of State and those of Government, in order to preserve the characteristics enumerated in article 57. I think that the issue is uncontroversial with the provisions of article 39, which removes from all members of the Imperial Family the political rights related to voting and political candidacy. Its teleological interpretation informs us that it is of the constitutional interest that the Imperial Family does not act directly in the political directions of the Government and that its participation occurs within the limits of the prerogatives of the position of Emperor and Crown Prince. Although the office of Empress does not receive prerogatives expressed in the Constitution, by analogy it is possible deduce Her functions as consort in the Head of State, which would not include the direction of the Imperial Bank, by virtue of the aforementioned article. I also think that, for the specific position in the Imperial Bank, since it is a more autonomous institution compared to other public administration bodies, it would be even more incontrovertible that the appointment is not possible.

I commend Your Majesty, however, my deepest admiration for giving me the honor of advising You on this legal matter, in which Your Majesty demonstrates to be genuinely interested in respecting the new established constitutional order. I also send my respects and compliments to Her Majesty the Empress for volunteering for the position mentioned. Although I do not think it is possible to nominate, this initiative demonstrates how commendable is the Empress's interest in making Herself useful to the Empire, in what I am sure Her Majesty will achieve in other posts more related to the State and its attributions. I emphasize that, although I have the interpretation mentioned, I am totally convinced of Her competence for the occupation of the position.

From Your most faithful subject,
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Minister of Justice
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His Serene Highness
Wilhelm von und zu Hochbach-Kundarheim
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