[MoI] Debate - Constitutional Revalidation.

Day 2,617, 10:04 Published in Cuba North Korea by Demonaire


Greeting to all our cuban comrades.

Before to everything: I'm the Minister of Interior for the Porky's Government. I want to excuse for this being the first article of the present term, but since the first day the Ministry is working hard to propose to the National Assembly some bills to be debated and voted. In this moment, two of those bills are still pending for approvation by El Presidente and I'm sure more are forthcoming. But, for now, we open a debate about this so important topic:

Let's making short the cuban history before to enter in the purpose of the article we'll treating now: In the moment of the creation of eCuba, two groups were forme😛 UFC (United For Cuba), a serb-croat-greek coallition, and CHALA (Cuban-Hispanic-Anglo-LatinAmerica) coallition, who disputed the political power in the country. As both groups treated between themselves like enemies, it was mere obvious the legal dispositions one group they made, the other group didn't acknowledge. After some time, CHALA coallition prevailed but they accept other communities (greeks, turks, serbs, croats, other europeans, etc.) could play in democracy and be treated like cuban. However, many of the legal dispositions, accepted by CHALA, remained pending for approbation by those communities.

Some efforts in that sense was made before but to no avail. Hence, in these (and other future) articles, we'll make a debate about those legal dispositions, beginning, of course, with the eCuban Constitution.

The rules are simple: EVERYTHING in the Constitution is subject to debate and propose. For participate and give your opinion, just leave a comment in this article. And because there is a consensus between the CHALA coallition, no topic in the cuban national forum will be opened (unless they ask us for that), however, a simultaneous article in spanish language will be created for the current debate.

The following text is the Constitution of eCuba, as it is currently made:
The Cuban people, in freedom and exercise of national sovereignty, proclaims the following

CONSTITUTION OF CUBA

PRELIMINARY TITLE
General provisions

1. The Republic of Cuba is constituted in a democratic, participatory and legal social state, which is organized under Freedom and Justice.
2. National sovereignty belongs to the Cuban people, instituted in the Cuban National Assembly, from which emanate the powers of the state.
3. Is Cuban citizen every player who has the Cuban citizenship in eRepublik. The condition of citizen is lost with the loss of citizenship.
4. The rights and duties of citizens are equal, inalienable, irrevocable and transferable.
5. The Republic of Cuba will incorporate into its positive law those international standards that were adopted by the Government and ratified by the National Assembly and the Laws of eRepublik and shall promote compliance.

TITLE I
Social, political and economic foundations of the nation

6. Instituted as fundamental rights of citizens all those linked to human dignity.
7. The participation of citizens in the administration and exercise of powers of the State must be in a position to supremacy over state powers.
8. Any form of discrimination in the exercise of fundamental rights as well as human nature, parentage, gender, social class or political or religious ideas, is groundless. 9. The creation and participation of political parties and associations will be free in compliance with the law.
10. Access to culture is a fundamental right of the Cuban people, therefore, it is matter for the State the cultural protection in the country, and their promotion and incentives.
11. The State has the freedom and obligation to make use of all economic mechanisms at their disposal to promote the national economy and the State funding.

TITLE II
The Cuban National Assembly

12. The Cuban National Assembly is the meeting of all Cuban citizens.
13. A regulation issued by the same Assembly shall establish its working mechanisms and internal management.
14. It is competence of the Cuban National Assembly:
14.1. The adoption of organic laws underlying the State.
14.2. The ratification of laws passed by Congress that have no ingame regulation.
14.3. The approval and ratification of the accession to international treaties.
14.4. The approval and ratification of treaties of peace.
14.5. The approval and ratification of Non-Aggression Pacts proposed by the Government.
14.6. The ratification of major economic, military, social or any other type plans, which involve a large effect on the time of approval or in the future on citizenship or State.
14.7. The adoption of the Rules of the Cuban Armed Forces.
14.8. The removal of any member of the Government, except the President.
15. The Cuban National Assembly shall supervise the Congress and the Government.
16. The Cuban National Assembly shall have the right of veto, for approval of two thirds of the votes cast, on the laws and acts issued by the Congress and the Government that did not require ratification of the Cuban National Assembly.

TITLE III
The Congress

17. The congressmen are all citizens democratically elected in possession of office in eRepublik.
18. A regulation issued the same Congress shall establish its working mechanisms and internal management.
19. It is the direct responsibility of Congress:
19.1. The adoption of laws. Are exclusive power of Congress to approve and ratify all ingame laws except those in which an organic law or the Constitution expressly provides otherwise.
19.2. The ratification of the organic laws passed by the Cuban National Assembly.
19.3. The approval and ratification of Mutual Protection Pacts proposed by the Government.
19.4. The approval and ratification of declarations of war and natural enemy.
19.5. The exercise of the powers attributed to the Cuban National Assembly when they pose a danger to national security.
19.6. The approval and ratification of the budgets submitted by the Government and compliance monitoring.
19.7. Ratification of the Rules of the Cuban Armed Forces.
19.8. The approval and ratification of impeachments.
20. The Congress shall direct supervision of the Government of Cuba.

TITLE IV
The Government

21. The Government composes the democratically elected President of the Government and all members of its executive appointed by him.
22. Befalls the Government all executive tasks and all those that may arise in the exercise of their function and are not attributed to the Cuban National Assembly or Congress. The next duties are of special jurisdiction of the Government:
22.1. The command and direction of the Cuban Armed Forces.
22.2. The preparation of budgets for the legislature whose executive is governing.
22.3. The proposed accession to international treaties, declarations of war, natural enemy, mutual protection pacts, non-aggression pacts and management of international relations.
22.4. Approval of major economic, military, social or any other type plans, which involve a large impact on the time of approval or in the future on citizenship or state. 23. The Government should be the guarantor and compliant with the provisions of the Constitution and the laws. Consequently, the Government shall:
23.1. Taking charge of economic, cultural and social development of Cuba.
23.2. Respect and comply with constitutional commitments for democratic participation, especially those having to with the Cuban National Assembly and Congress.
24. The President is free to make changes to his government as appropriate.

TITLE V
Justice

25. The eventual creation of a Judicial Power shall be by means of an organic law passed by the National Assembly, which must ratify the Congress and the Government.
26. In any case, punishments observed by the Judicial Power shall comply with the principles of legality, non-retroactivity, authenticity, accountability and proportionality. 27. In any case, the minimum procedural guarantees are establishe😛 Habeas corpus, presumption of innocence, reasoned decision and the right to appeal the decision.
28. The sanctioning authority established by the Organic Law shall not prejudice on administrative sanctions described by the regulations. In any case, administrative sanctions may be appealed to the tribunal established by law, having its judgment superiority over the administrative penalty.

TITLE VI
Warranties and constitutional reform

29. The Cuban National Assembly will serve as guarantor of the Constitution above all public institutions. Those matters not regulated by law shall be subject to decision and regulation thereof.
30. The constitutional reform is exclusive competence of the Cuban National Assembly.
31. The overall constitutional reform or those that include the Preliminary Title or Title I shall be subject to approval by qualified majority of two thirds of the votes cast in the start of its reform process.The final reform of its provisions shall be approved by simple majority.
32. The partial constitutional reform that did not include the Title or Title I premiliar will be proposed for discussion and approved by an absolute majority of the votes cast.

DEROGATORY PROVISION
1. Is hereby repealed the Basic Law of the Cuban State.
2. Is also hereby repealed any provisions contrary to this Constitution.

FINAL DISPOSAL
This Constitution shall enter into force on the date of approval of its official text by the Cuban National Assembly. It was also published in English.

The present debate will have a length of 72 hours since its publication (the same time an article in eRepublik appears in front page)

Best regards.

Demonaire Rai
Minister of Interior
Republic of Cuba