The Organic Law of the Valanian Federate is the constitution of Faeland. It was formally approved by plebiscite on 10 March 1935, and, with the signature of the heads of the Member States, came into effect on 7 June 1935 as the constitution of the new Federated Republics of Faeland.
The current Organic Law was reworded following the Second Faelish Civil War. It came into effect on 5 December, 1955, when it was promulgated by Federal Chancellor William Clough after being approved in a hurried referendum. The establishment of monarchy in the Ríocht Fíl was effected by the Sublime Edict, which necessitated deleting the the hitherto generic term "Republics" from the constitution.
The document explicitly states that it is to be read with a strict interpretation. Therefore, if certain powers of state and government are not listed, they may not be presumed inherent. However, as an organic document, it is subject to amendment. The Law defines Faeland as a plurinational, secular confederation formally known Fáel and unoffically referred to as the Valanian Federate. It calls for a mixed economy of state, private, and communal ownership; restricts private land ownership to a maximum of 5,000 hectares(12,400 acres); and recognizes a variety of autonomies at the local and departmental level. It acknowledges the electorate as a fourth constitutional power; introduces the possibility of recall elections for all elected officials; and acknowledges Nature as a sovereign legal entity. It declares natural resources to be the exclusive dominion of the Faelish people, as administered by the state.
- 1 Drafting Process
- 2 The Law
- 2.1 Article 0
- 2.2 Article I (Natural Rights)
- 2.3 Article II (Freedom)
- 2.4 Article III (Discrimination)
- 2.5 Article IV (Freedom of Religion)
- 2.6 Article V (Freedom of Speech and the Press)
- 2.7 Article VI (Families)
- 2.8 Article VII (Education)
- 2.9 Article IIX (Right of Assembly)
- 2.10 Article IX (Corporations)
- 2.11 Article X (Freedom of Movement)
- 2.12 Article XI (Public Ownership)
- 2.13 Article XII (States' Rights)
- 2.14 Article XIII (Citizenship)
- 2.15 Article XIV (Asylum)
- 2.16 Article XV (Right to Petition)
- 2.17 Article XVI (The State)
- 2.18 Article XVII (Political Parties)
- 2.19 Article XVIII (The Capital)
- 2.20 Article IXX (The Flag)
- 2.21 Article XX (The Member States)
- 2.22 Article XXI (State Powers)
- 2.23 Article XXII (Law)
- 2.24 Article XXIII (Foreign Policy)
- 2.25 Article XXIV (Commutative Rights)
- 2.26 Article XXV (Corruption)
- 2.27 Article XXVI (Mutual Assistance)
- 2.28 Article XXVII (Representation in Government)
- 2.29 Article XXVIII (State Responsibility)
- 2.30 Article XXIX (Participation)
- 2.31 Article XXX (The Directory)
- 2.32 Article XXXI (The Federal Chancellor)
- 2.33 Article XXXII (Right of Information)
- 2.34 Article XXXIII (Election of Federal Chancellor)
- 2.35 Article XXXIV (Restriction of Basic Rights in Special Circumstances)
- 2.36 Article XXXV (Forfeiture of Basic Rights)
- 2.37 Article XXXVI (Transfer of Sovereign Powers)
- 2.38 Article XXXVII (Primacy of International Law)
- 2.39 Article XXXVIII (Securing Peace)
- 2.40 Article XXXIX (Delimitation of State Territory)
- 2.41 Article XL (State Sovereign Powers)
- 2.42 Article XLI (Foreign Relations)
- 2.43 Article XLII (Candidature – Protection of Membership – Remuneration of the Diet)
- 2.44 Article XLIII (Functions of the Directory)
- 2.45 Article XLIV (Composition - Weighted Voting)
- 2.46 Article XLV (Chancellor - Decisions - Rules of Precedence
- 2.47 Article XLVI (Attendance of Members of the General Government)
- 2.48 Article XLVII (Appointment of Civil Servants - Pardon - Immunity)
- 2.49 Article XLVIII (Impeachment of the Chancellor)
- 2.50 Article IL (Composition of General Government)
- 2.51 Article L (Power to Determine Policy Guidelines – Department and Collegiate Responsibility)
- 2.52 Article L (Command of the Common Defense)
- 2.53 Article LI (Incompatibilities)
- 2.54 Article LII (Vote of no confidence)
- 2.55 Article LIII (Vote of confidence)
- 2.56 Article LIII (Deputy Federal Chancellor – Term of office)
- 2.57 Article LV (Division of Powers Between the Federation and the Member States)
- 2.58 Article LVI (Exclusive Legislative Power of the General Government)
- 2.59 Article LVII (Concurrent Legislative Powers)
- 2.60 Article LVIII (Matters under exclusive legislative power of the Federation)
- 2.61 Article LIX (Matters under concurrent legislative powers)
- 2.62 Article LX (Bills)
Between October 1934 and the March 1935 a conference of the Member States and mediating countries of Ireland and Newfoundland was held to determine the political future of the island. The negotiations ended with the drafting of a constitution, and a democratic and federal Faelish state was to be established.
The text herein is the Organic Law, or constitution of the Valanian Federate.
That the dignity and freedom of all humans is guaranteed, and the dignity and sovereignty of the island of Fáel is upheld, we do create this government for the protection and unity of the people and polities of Fáel. The Faelish people declare an indefeasible and sovereign right to govern themselves and determine their own future. This Organic Law calls for the establishment of a General Government, so called herein, of Fáel, or the 'Valanian Federate', that is these islands Comity of Nations.
Valania, that is Fáel, shall be a Federate of States. The States and the territories thereof shall be as specified in a Schedule. The territory of Fáel shall comprise the territories of the Member States; the territories of the Federate specified in a Schedule; and such other territories as may be acquired.
Article I (Natural Rights)
Human dignity and natural rights exist above the authority of this or any state. To respect and protect it shall be the duty of all state authority. The state therefore cannot violate the natural right that all men who show peaceful conduct shall be allowed safe conduct. No man shall judge himself or others where he stands to profit in any way, trial by jury of peers is indefatigable. That no man by deed, word, countenance, or gesture, declare hatred or contempt of another. That every man strive to accommodate himself to the rest. These basic rights shall bind the legislature, the executive and the judiciary as directly applicable law.
Article II (Freedom)
Every person shall have the right to free development of his personality insofar as he does not violate the rights of others. Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.
Article III (Discrimination)
All persons are equal before the law. Men and women shall have equal rights. The state shall promote the actual implementation of equal rights for men and women and take steps to eliminate disadvantages. No person shall be favored or disfavored because of sex, parentage, race, language, nationality, faith, sexual orientation, age, or religious or political opinions. No person shall be disfavored because of disability.
Amendment to Article III (Animal Rights)
The greatness of a nation and its moral progress can be judged by its treatment of animals. The nation and people of Faeland have no jurisdiction over land and animals. Its existence is only relative to other humans. Therefore, all of nature and all animals are to be afforded the respect and dignity humans accord each other. The General Government will enforce this law. 11 October 1995.
Article IV (Freedom of Religion)
Freedom of faith and of conscience, and freedom to profess a religious or philosophical creed, shall be inviolable. The undisturbed practice of religion shall be guaranteed. No person shall be compelled against his conscience to render military service involving the use of arms.
Article V (Freedom of Speech and the Press)
Every person shall have the right freely to express and disseminate his or her opinions in any media without hindrance. Freedom of the press and freedom of broadcast is guaranteed. There shall be no censorship. These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal protection. Arts and sciences, research and teaching shall be provided by the state, at various levels.
Article VI (Families)
The family shall enjoy the special protection of the state. The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty. Children may be separated from their families against the will of their parents or guardians only pursuant to a law, and only if the parents or guardians fail in their duties or the children are otherwise in danger of serious neglect. Every mother shall be entitled to the protection and care of the community. Children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage. Marriage is a social and/or religious institution, the state relinquishes any involvement in its creation or dissolution.
Article VII (Education)
The education system is the responsibility of the Member States, and the right to establish private schools is guaranteed. Religious indoctrination is the province of families and clerics, and as such shall not be a part of the curriculum of any public education institution, this excludes theological and historical, sociological study of religion.
Article IIX (Right of Assembly)
All citizens have the right to assemble peacefully and unarmed without prior notification or permission. In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.
Article IX (Corporations)
All citizens have the right to form corporations and other associations. Associations whose aims or activities contravene the criminal laws, or that are directed against the public good are prohibited. The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession.
Article X (Freedom of Movement)
All citizens have the right to move about the Member States freely, to be inviolate in their homes and property.
Article XI (Public Ownership)
Land, natural resources and means of production may for the purpose of socialisation be transferred to public ownership or other forms of public enterprise by a law that determines the nature and extent of compensation.
Article XII (States' Rights)
In any matter of concurrent authority, whenever any law of a State conflicts with the law of the the General Government, the law of the State shall prevail. Where the General Government is prescribed eminent domain in this document, this Article is not affective.
Article XIII (Citizenship)
(1) No Fáel may be deprived of his citizenship. Citizenship may be lost only pursuant to a law, and against the will of the person affected only if he does not become stateless as a result. (2) No Fáel may be extradited to a foreign country. The law may provide otherwise for extraditions to a member state of the European Union or to an international court, provided that the rule of law is observed.
Article XIV (Asylum)
(1) Persons persecuted on political grounds shall have the right of asylum. (2) Paragraph (1) of this Article may not be invoked by a person who enters the federal territory from a member state of the European Communities or from another third state in which application of the Convention Relating to the Status of Refugees and of the Convention for the Protection of Human Rights and Fundamental Freedoms is assured. The states outside the European Communities to which the criteria of the first sentence of this paragraph apply shall be specified by a law requiring the con- sent of the General Government. In the cases specified in the first sentence of this paragraph, measures to terminate an applicant’s stay may be implemented without regard to any legal challenge that may have been instituted against them. (3) By a law requiring the consent of the General Government, states may be specified in which, on the basis of their laws, enforcement practices and general political conditions, it can be safely concluded that neither political persecution nor inhuman or degrading punishment or treatment exists. It shall be presumed that a foreigner from such a state is not persecuted, unless he presents evidence justifying the conclusion that, contrary to this presumption, he is persecuted on political grounds. (4) In the cases specified by paragraph (3) of this Article and in other cases that are plainly unfounded or considered to be plainly unfounded, the implementation of measures to terminate an applicant’s stay may be suspended by a court only if serious doubts exist as to their legality; the scope of review may be limited, and tardy objections may be disregarded. Details shall be determined by a law.
Article XV (Right to Petition)
Every person shall have the right individually or jointly with others to address written requests or complaints to competent authorities and to the legislature.
Article XVI (The State)
(1) Fáel is a democratic, socialist federation. (2) All power of state is derived from the consensual membership of the States and from the people. It shall be exercised by the people through the specific legislative, executive, and judicial bodies. (3) The legislature shall be bound by constitutional provisions, the executives by law, and the judiciary by moral devotion to justice. (4) All Fáels have the right to resist any person seeking to subvert this constitutional order. (5) Mindful of our place in the ecosystem and our great responsibility to it, for its great bounty that we owe, and for our future generations, the state shall protect the natural foundations of the Earth, and all its life by legislation, and executive and judicial action, with respect to sustainability where our encroachment stretches too far.
Article XVII (Political Parties)
(1) Political parties may participate in the spread of political ideas. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds. (2) Political parties cannot campaign or directly field candidates for office, nor may a candidate affiliate himself with a party during election or occupation of an office.
Article XVIII (The Capital)
The capital of Fáel is Cathír na Fil.
Article IXX (The Flag)
The flag of Fáel is horizontal bands of Faelish green, white, and crimson.
Article XX (The Member States)
(1) The constitutional order in the Pages and Forals must conform to the principles of a democratic and social state governed by the rule of law, within the meaning of this Organic Law. In each Page or Foral the people shall be represented by a body chosen in general, direct, free, equal and secret elections. In municipalities a local assembly may take the place of an elected body. (2) The Federation shall guarantee that the constitutional order of the Member States conforms to the basic rights and to the provisions of paragraph (1) of this Article.
Article XXI (State Powers)
Except as otherwise provided or permitted by this Organic Law, the exercise of state powers and the discharge of state functions is a matter for the Pages and Forals.
Article XXII (Law)
Law of a Member State takes precedence over Fáelish Law, except where prescribed in this document. With respect to the environment, social welfare, the interior, justice, and the Fáelish treasury, Fáelish Law takes precedence over Law of a Member State.
Article XXIII (Foreign Policy)
Relations with foreign states shall be conducted by Fáel. Before the conclusion of a treaty affecting the special circumstances of a Member State, that Member State shall be consulted in timely fashion. Insofar as the Member States have power to legislate, they may conclude treaties with foreign states with the consent of the Directory.
Article XXIV (Commutative Rights)
(1) Every Fáelish citizen shall have in every Member State the same human and civil rights. (2) Political rights shall be prescribed by the Member States where they don't impinge any of the basic rights set forth for all citizens in this Organic Law. No Fáelish citizen shall be deemed an alien in any Member State. (3) Neither the enjoyment of civil and political rights, nor eligibility for public office, nor rights acquired in the public service shall be dependent upon religious affiliation in Fáel or any Member State. No one may be disadvantaged by reason of adherence or non-adherence to a particular religious denomination or philosophical creed. (4) The exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service who stand in a relationship of service and loyalty defined by public law. (5) The law governing the public service shall be regulated and developed with due regard to the traditional principles of the professional civil service.
Article XXV (Corruption)
If any person, in the exercise of a public office entrusted to him, violates his official duty, liability shall rest principally with the state or public body that employs him. In the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. The ordinary courts shall not be closed to claims for compensation or indemnity.
Article XXVI (Mutual Assistance)
All state and Member State authorities shall render legal and administrative assistance to one another. (2) In order to maintain or restore public security or order, a Member State in particularly serious cases may call upon personnel and facilities of the General Government to assist its police when without such assistance the police could not fulfill their responsibilities, or could do so only with great difficulty. In order to respond to a grave accident or a natural disaster, a Member State may call for the assistance of police forces of other Member States or of personnel and facilities of other administrative authorities, or of the Common Protection. (3) If the natural disaster or accident endangers the territory of more than one Member State, the General Government, insofar as is necessary to combat the danger, may instruct the Member State governments to place police forces at the disposal of other Member States, and may deploy units of the Common Protection to support the police. Measures taken by the General Government pursuant to the first sentence of this paragraph shall be rescinded at any time at the demand of the Diet, and in any event as soon as the danger is removed.
Article XXVII (Representation in Government)
(1) Civil servants employed by the General Government shall be drawn from all Member States in appropriate proportion. Persons employed by other state authorities shall, as a rule, be drawn from the Member State in which they serve. (2) Laws regarding military service shall also take into account both the division of the state into Member States and the regional loyalties of their people.
Article XXVIII (State Responsibility)
(1) If a Member State fails to comply with its obligations under this Organic Law or other state laws, the General Government, with the consent of the Diet, may take the necessary steps to compel the Member State to comply with its duties. (2) For the purpose of implementing such coercive measures, the General Government or its representative shall have the right to issue instructions to all Member States and their authorities.
Article XXIX (Participation)
The Member States shall participate through the Directory in the legislation and administration of the state and in matters concerning the nation at large.
Article XXX (The Directory)
(1) The Directory shall consist of members of the Member State governments, which appoint and recall them. Other members of those governments may serve as alternates. (2) Each Member State shall have at least three votes; Member States with more than two million inhabitants shall have four, Member States with more than six million inhabitants five, and Member States with more than seven million inhabitants six votes. (3) Each Member State may appoint as many members as it has votes. The votes of each Member State may be cast only as a unit and only by Members present or their alternates.
Article XXXI (The Federal Chancellor)
(1) The Directory shall elect its president, the Federal Chancellor, for one year, to be approved by the Diet. (2) The Federal Chancellor shall convene the Directory and administer the distribution of offices by lot. (2a) Except where more are needed by law, the officers are the Directors of Bureau of the Environment, Bureau of Transportation, Bureau of Energy, Foreign Office, Ministry of the Insides, The Federal Treasury, Ministry for the Economy, Federal Justice Service, Federal Defense Ministry, Federal Communications Service, Ministry for Social Welfare. (3) Decisions of the Directory shall require at least a majority of its votes. It shall adopt rules of procedure. Its meetings shall be open to the public. (3a) Sensitive discussions of a security nature may require the exclusion of direct public access. (4) Other members or representatives of Member State governments may serve on committees of the Directory.
Article XXXII (Right of Information)
The members of the General Government shall have the right, and on demand the duty, to participate in meetings of the Directory and of its committees. They shall have the right to be heard at any time. The Directory shall be kept informed by the General Government with regard to the conduct of its affairs.
Article XXXIII (Election of Federal Chancellor)
(1) The term of office of the Federal Chancellor shall be one year. Re-election for a consecutive term shall be permitted with approval of the Diet. (2) The Directory shall meet not later than thirty days before the term of office of the Federal Chancellor expires or, in the case of premature termination, not later than thirty days after that date. It shall be convened by the President of the Diet. (3) After the expiration of an electoral term, the period specified in the first sentence of paragraph (2) of this Article shall begin when the Directory first convenes. (4) The person receiving the votes of a majority of the members of the Directory shall be elected. If after two ballots no candidate has obtained such a majority, the person who receives the largest number of votes on the next ballot shall be elected. (5) Details shall be regulated by a federal law.
Article XXXIV (Restriction of Basic Rights in Special Circumstances)
(1) Laws regarding military service may provide for the restriction of the basic right of members of the armed forces and of alternative service freely to express and disseminate their opinions in speech, writing and pictures, the basic right of assembly, and the right of petition insofar as it permits the submission of requests or complaints jointly with others, during their period of military service. (2) Laws regarding defense, including protection of the civilian population, may provide for restriction of the basic right of freedom of movement.
Article XXXV (Forfeiture of Basic Rights)
(a) Whoever abuses the freedom of expression, in particular the freedom of the press, the freedom of teaching, the freedom of assembly, the freedom of association, the privacy of correspondence, posts and telecommunications), the rights of property, the rights of nature and animals, or the right of asylum in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by a federal constitutional court.
(b) (1) Insofar as a basic right may be restricted by or pursuant to a law, such law must apply generally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears. (2) In no case may the essence of a basic right be affected. (3) The basic rights shall also apply to domestic artificial persons to the extent that the nature of such rights permits. (4) Should any person’s or animal's rights be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts.
Article XXXVI (Transfer of Sovereign Powers)
(1) The Federation may by a law transfer sovereign powers to international organizations only with consent of all Member States. (1a) Insofar as the States are competent to exercise state powers and to perform state functions, they may, with the consent of the General Government, transfer sovereign powers to transfrontier institutions, but grant federal oversight in the process. (2) With a view to maintaining peace, the Federation may enter into a system of mutual collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a lasting peace in Europe and among the nations of the world.
Article XXXVII (Primacy of International Law)
The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the Federated States.
Article XXXVIII (Securing Peace)
(1) Acts tending to and undertaken with intent to disturb the peaceful relations between nations, especially to prepare for a war of aggression, shall be unconstitutional. They are made a criminal offense. (2) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the General Government. Details shall be regulated by a federal law.
Article XXXIX (Delimitation of State Territory)
(1) The division of the federal territory into Member States may be revised to ensure that each State be of a size and capacity to perform its functions effectively. Due regard shall be given in this connection to regional, historical and cultural ties, economic efficiency, and the requirements of local and regional planning. (2) Revisions of the existing division into States shall be effected by a federal law, which must be confirmed by referendum. The affected States shall be afforded an opportunity to be heard. (3) The referendum shall be held in the Member State(s) from whose territories or parts of territories a new State or a State with re- defined boundaries is to be established (affected States). The question to be voted on is whether the affected States are to remain as they are or whether the new State or the State with redefined boundaries should be established. The proposal to establish a new Land or a State with redefined boundaries shall take effect if the change is approved by a majority in the future territory of such State and by a majority in the territories or parts of territories of an affected State taken together whose affiliation with a State is to be changed in the same way. The proposal shall not take effect if within the territory of any of the affected State a majority reject the change; however, such rejection shall be of no consequence if in any part of the territory whose affiliation with the affected State is to be changed a two-thirds majority approves the change, unless it is rejected by a two-thirds majority in the territory of the affected State as a whole. (4) If in any clearly defined and contiguous residential and economic area located in two or more States and having at least one million inhabitants one tenth of those entitled to vote in Diet elections petition for the inclusion of that area in a single State, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article or that an advisory referendum shall be held in the affected States. (5) The advisory referendum shall establish whether the changes the law proposes meet with the voters’ approval. The law may put forward not more than two distinct proposals for consideration by the voters. If a majority approves a proposed change of the existing division into States, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article. If a proposal is approved in accordance with the third and fourth sentences of paragraph (3) of this Article, a federal law providing for establishment of the proposed State shall be enacted within one year after the advisory ballot, and confirmation by referendum shall no longer be required. (6) A majority in a referendum or in an advisory referendum shall consist of a majority of the votes cast, provided that it amounts to at least one quarter of those entitled to vote in Diet elections. Other details concerning referenda, petitions and advisory referenda shall be regulated by a federal law, which may also provide that the same petition may not be filed more than once within a period of five years. (7) Other changes concerning the territory of the States may be effected by agreements between the States concerned or by a federal law with the consent of the Directory, if the territory that is to be the subject of the change has no more than 50,000 inhabitants. Details shall be regulated by a federal law requiring the consent of the Directory and of a majority of the Members of the Diet. The law must provide affected municipalities and counties with an opportunity to be heard. (8) States may revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs (2) to (7) of this Article. Affected municipalities and counties shall be afforded an opportunity to be heard. The agreement shall require confirmation by referendum in each of the States concerned. If the revision affects only part of a State’s territory, the referendum may be confined to the areas affected; the second clause of the fifth sentence shall not apply. In a referendum under this paragraph a majority of the votes cast shall be decisive, provided it amounts to at least one quarter of those entitled to vote in Diet elections; details shall be regulated by a federal law. The agreement shall require the consent of the Diet.
Article XL (State Sovereign Powers)
Except as otherwise provided or permitted by this Organic Law, the exercise of state powers and the discharge of state functions is a matter for the Member States.
Article XLI (Foreign Relations)
(1) Relations with foreign states shall be conducted by the Federation. (2) Before the conclusion of a treaty affecting the special circumstances of a Member State, that State shall be consulted in timely fashion. (3) Insofar as the States have power to legislate, they may conclude treaties with foreign states with the consent of the General Government.
Article XLII (Candidature – Protection of Membership – Remuneration of the Diet)
(1) Every candidate for election to the Diet shall be entitled to the leave necessary for his election campaign. (2) No one may be prevented from accepting or exercising the office of Member of the Diet. No one may be given notice of dismissal or discharged from employment on this ground. (3) Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by a federal law.
Article XLIII (Functions of the Directory)
The Member States shall participate through the Directory in the legislation and administration of the Federation and in matters concerning the world at large.
Article XLIV (Composition - Weighted Voting)
(1) The Directory shall consist of members of the State governments, which appoint and recall them. Other members of those governments may serve as alternates. (2) Each State shall have at least three votes; States with more than one million inhabitants shall have four, States with more than two million inhabitants five. (3) The votes of each State may be cast only as a unit and only by Members present or their alternates.
Article XLV (Chancellor - Decisions - Rules of Precedence
(1) The Directory shall elect its Chancellor for one year. (2) The Chancellor shall convene the Directory. He shall be obliged to do so if the delegates of at least two Member States or the General Government so demand. (3) Decisions of the Directory shall require at least a majority of its votes. It shall adopt rules of procedure. Its meetings shall be open to the public. (4) Other members or representatives of State governments may serve on committees of the Directory.
Article XLVI (Attendance of Members of the General Government)
The members of the General Government shall have the right, and on demand the duty, to participate in meetings of the Directory and of its committees. They shall have the right to be heard at any time. The Directory shall be kept informed by the General Government with regard to the conduct of its affairs.
Article XLVII (Appointment of Civil Servants - Pardon - Immunity)
(1) The Federal Chancellor shall appoint and dismiss federal judges, federal civil servants, and commissioned and non-commissioned officers of the Common Defense, except as may otherwise be provided by a law. (2) He shall exercise the power to pardon individual offenders on behalf of the Federation. (3) He may delegate these powers to other authorities.
Article XLVIII (Impeachment of the Chancellor)
(1) The Diet or the Directory may impeach the Federal Chancellor before a federal constitutional court for willful violation of this Organic Law or of any other federal law. The motion of impeachment must be supported by at least one quarter of the Members of the Diet or one quarter of the votes of the Directory. The decision to impeach shall require a majority of two thirds of the Members of the Diet or of two thirds of the votes of the Directory. The case for impeachment shall be presented before a federal constitutional court by a person commissioned by the impeaching body. (2) If the federal constitutional court finds the Federal Chancellor guilty of a willful violation of this Organic Law or of any other federal law, it may declare that he has forfeited his office. After the Federal Chancellor has been impeached, the court may issue an interim order preventing him from exercising his functions.
Article IL (Composition of General Government)
The General Government shall consist of the Federal Chancellor and the Ministers of the Directory and the Diet.
Article L (Power to Determine Policy Guidelines – Department and Collegiate Responsibility)
The Federal Chancellor shall determine and be responsible for the general guidelines of policy. Within these limits each Minister shall conduct the affairs of his department independently and on his own responsibility. The General Government shall resolve differences of opinion between Ministers. The Federal Chancellor shall conduct the proceedings of the Federal Government in accordance with rules of procedure adopted by the Government.
Article L (Command of the Common Defense)
Command of the armed forces shall be vested in the Federal Chancellor.
Article LI (Incompatibilities)
Neither the Federal Chancellor nor a Minister may hold any other salaried office, or engage in any trade or profession, or belong to the management or, without the consent of the Diet, to the supervisory board of an enterprise conducted for profit.
Article LII (Vote of no confidence)
(1) The Diet may express its lack of confidence in the Federal Chancellor only by electing a successor by the vote of a majority of its Members and requesting the Directory to dismiss the Federal Chancellor. The Directory must comply with the request and appoint the person elected. (2) Forty-eight hours shall elapse between the motion and the election.
Article LIII (Vote of confidence)
(1) If a motion of the Federal Chancellor for a vote of confidence is not supported by the majority of the Members of the Diet, the Directory, upon the proposal of the Federal Chancellor, may dissolve the Diet within twenty-one days. The right of dissolution shall lapse as soon as the Diet elects another Federal Chancellor by the vote of a majority of its Members. (2) Forty-eight hours shall elapse between the motion and the vote.
Article LIII (Deputy Federal Chancellor – Term of office)
(1) The Federal Chancellor shall appoint a Minister as his deputy. (2) The tenure of office of the Federal Chancellor or of a Minister shall end in any event when a new Diet convenes; the tenure of office of a Minister shall also end on any other occasion on which the Federal Chancellor ceases to hold office. (3) At the request of the Directory the Federal Chancellor, or at the request of the Federal Chancellor or of the Directory a Minister, shall be obliged to continue to manage the affairs of his office until a successor is appointed.
Article LV (Division of Powers Between the Federation and the Member States)
(1) The States shall have the right to legislate insofar as this Organic Law does not confer legislative power on the General Government. (2) The division of authority between the General Government and the States shall be governed by the provisions of this Organic Law concerning exclusive and concurrent legislative powers.
Article LVI (Exclusive Legislative Power of the General Government)
On matters within the exclusive legislative power of the General Government, the Member States shall have power to legislate only when and to the extent that they are expressly authorized to do so by a federal law.
Article LVII (Concurrent Legislative Powers)
(1) On matters within the concurrent legislative power, the Member States shall have power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law. (2) The Federation shall have the right to legislate on matters falling within clauses (article 58) if and to the extent that the establishment of equivalent living conditions throughout the federal territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest. (3) If the Federation has made use of its power to legislate, the Member States may enact laws at variance with this legislation with respect to: 1. education; 2. protection of nature and landscape management (except for the general principles governing the protection of nature, the law on protection of plant and animal species or the law on protection of marine life); 3. land distribution; 4. regional planning; 5. management of water resources (except for regulations related to materials or facilities); 6. admission to institutions of higher education and requirements for graduation in such institutions. Federal laws on these matters shall enter into force no earlier than six months following their promulgation unless otherwise provided with the consent of the Directory. As for the relationship between federal law and law of the Member States, the latest law enacted shall take precedence with respect to matters within the scope of the first sentence. (4) A federal law may provide that federal legislation that is no longer necessary within the meaning of paragraph (2) of this Article may be superseded by State law.
Article LVIII (Matters under exclusive legislative power of the Federation)
The Federation shall have exclusive legislative power with respect to: 1. foreign affairs and defense, including protection of the civilian population; 2. citizenship in the Federation; 3. freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition; 4. currency, money and coinage, weights and measures, and the determination of standards of time; 5. the unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection; 5a. safeguarding Faelish cultural assets against removal from the country; 6. air transport; 6a. the operation of railways wholly or predominantly owned by the Federation (federal railways), the construction, maintenance and operation of railroad lines belonging to federal railways, and the levying of charges for the use of these lines; 7. postal and telecommunications services; 8. the legal relations of persons employed by the Federation and by federal corporations under public law; 9. industrial property rights, copyrights and publishing; 9a. protection by the General Government against the dangers of international terrorism when a threat transcends the boundary of one State, when the jurisdiction of a State’s police authorities cannot be perceived, or when the supreme authority of an individual State requests the assumption of federal responsibility; 10. cooperation between the Federation and the Member States concerning a) criminal police work, b) protection of the free democratic basic order, existence and security of the Federation or of a State (protection of the constitution), and c) protection against activities within the federal territory which, by the use of force or preparations for the use of force, endanger the external interests of the Federated States of Faeland, as well as the establishment of a federal criminal police office and international action to combat crime; 11. statistics for federal purposes; 12. the law on weapons and explosives; 13. benefits for persons disabled by war and for dependents of deceased war victims as well as assistance to former prisoners of war;
Article LIX (Matters under concurrent legislative powers)
Concurrent legislative power shall extend to the following matters: 1. civil law, criminal law, court organization and procedure (except for the correctional law of pretrial detention), the legal profession, notaries, and the provision of legal advice; 2. registration of births, deaths and marriages; 3. the law of association; 4. the law relating to residence and establishment of foreign nationals; 5. matters concerning refugees; 6. public welfare; 7. war damage and reparations; 8. measures to combat human and animal diseases which pose a danger to the public or are communicable, admission to the medical profession and to ancillary professions or occupations, as well as the law on pharmacies, medicines, medical products, drugs, narcotics and poisons; 8a. the economic viability of hospitals and the regulation of hospital charges; 9. the law on food products including animals used in their production; 10. maritime and coastal shipping, as well as navigational aids, inland navigation, meteorological services, sea routes, and inland waterways used for general traffic; 11. road traffic, motor transport, construction and maintenance of long-distance highways, as well as the collection of tolls for the use of public highways by vehicles and the allocation of the revenue; 12. non-federal railways; VII. Federal Legislation and Legislative Procedures 59 13. the statutory rights and duties of civil servants of the Member States, the municipalities and other corporations of public law as well as of the judges in the Member States, except for their career regulations, remuneration and pensions;
Article LX (Bills)
(1) Bills may be introduced in the Diet by the Directory, or from the floor of the Diet. (2) General Government bills shall first be submitted to the Directory. The Directory shall be entitled to comment on such bills within six weeks. If for important reasons, especially with respect to the scope of the bill, the Directory demands an extension, the period shall be increased to nine weeks. If in exceptional circumstances the General Government on submitting a bill to the Directory declares it to be particularly urgent, it may submit the bill to the Diet after three weeks or, if the Directory has demanded an extension pursuant to the third sentence of this paragraph, after six weeks, even if it has not yet received the Directory’s comments; upon receiving such comments, it shall transmit them to the Diet without delay. In the case of bills to amend this Organic Law; the fourth sentence of this paragraph shall not apply. (3) Directory bills shall be submitted to the Diet within six weeks. If for important reasons, especially with respect to the scope of the bill, the Gneral Government demands an extension, the period shall be increased to nine weeks. If in exceptional circumstances the Directory declares a bill to be particularly urgent, the period shall be three weeks or, if the General Government has demanded an extension pursuant to the third sentence of this paragraph, six weeks. In the case of bills to amend this Organic Law or to transfer sovereign powers the comment period shall be nine weeks; the fourth sentence of this paragraph shall not apply. The Diet shall consider and vote on bills within a reasonable time.