Constitution of Italy (February 2009)
The old Constitution of Italy was approved on 27 February 2009, after a referendum in the eItaly forum. On 7 October 2010, the constitution was no longer valid and was replaced by the new constitution of Italy.
The constitution is the foundation of Italy and it is above any other law except for eRepublik's Rules, under which it has to undergo.
TITLE I: Values Of The Constitutional Charter
Italy is a Presidential Democratic Republic based upon the work of its citizens. Sovereign belongs to the eitalian citizens.
The fundamental role of the State is to promote the social aggregation with the final purpose to achieve the mere fun deriving from the game and the mutual respect.
The President of the Republic is responsible to appoint the ministers, he is Chief of the Executive and his decisions represent Italy's official political trend.
All eItalian citizens have equal dignity and they are all equal before the eRepublik's institutions without any distinction of sex, language, political trend, personal or social economical situation.
Italy guarantees the right to Welfare whose assistance is free of charges, in respect of law. It also guarantees, under different forms, the possibility of having an house.
Representing the eItaly in the international grounds is a duty of the President, of the Ministers and of the eItalian Army. The "esercito eItaliano" organization is under the control of the Chief of Staff, appointed and relieved with a Presidential writ. CGS must have proven experience in management of human resources and logistics.
The national economy is based upon the contribution of all eItalian worker. The marketplace and private economic initiative are free and granted by the State in compliance of the eRepublik's game rules. Consistently with the duty of granting welfare and assistance to all eItalian citizens and workers and to protect the national economy, the independence of our the Nation in case of wars.
The eItalian flag is the tricolour flag: green, white and red, arranged in three vertical stripes of same width.
Official language is Italian.
The official forum of the community is http://www.eitalyforum.altervista.org . Here the Congress and the Ministers have a place where argue and guide the Nation. The chat channel of the eItalian community is #erepublik-it on Freenode's server.
TITLE II: Institutions
The national executive work and implement the legislation adopted by Congress through the Ministries of Presidential nomination. Each minister will be defined "with portfolio" if in possession of an in game organization, otherwise it will be called "without portfolio".
The ministries with portfolio and organizations linked to them, are a property of the State. The knowledge of the password is only of the president and those who are empowered by it, in their use.
"National eItaly" is the account of the eItalian government and the head office of the National Treasury; while "eItalian Army" is the official organ of the General Staff and also head office of the Army Treasury. They are also considered institutions, thus property of the State, any ministerial (Bank of Italy, welfare, etc.) and military (1st eItalian army, 2nd eItalian Army, etc.) organization. The list of those is periodically updated by the President.
The ministers and their staff (undersecretary, etc.) perform their duty with the help of organizations, funds and whatever the game provides.
The President presented to Congress a list of members of the government, who are in possession of the state's passwords and the movements of each financial institution. Congress has the power to inspect every action taken by each institution, to approve or disapprove the work each Ministry. For every term, ministers are obliged to change the password.
Each institution must submit to Congress a periodic financial plan, which must be approved by Congress. Possible:
- Misappropriation of public money,
- Investment of public money in the monetary market, or
- Password-changing of the Organizations,
unauthorized by Congress or President; will be considered illegal and punishable by law. The admin will be required to restore the status quo.
PARAGRAPH A: Army
The President is the chief of the Army, his deputy is the CGS. The Chief of Staff manages the operations of the Army in operations of war or peace. The organization of the Army is subject to the Army's Statute.
It is a task of the CGS, in consultation with the President, to define the national military lines. Every action taken by the CGS must be approved by the President, unless the latter cannot be contacted; in this case the CGS has decision-making autonomy, but must still answer to Congress. Anyway, the deputy President can veto the CGS's action in the absence of the President, but must still answer to Congress.
The Army is an organ with a limited autonomy. The financial management is a CGS's responsibility, the CGS or the President must submit to Congress a report of costs incurred and a summary of the actions taken.
The Congress can wield a direct power on the Army only in the cases specified by Army's Statute.
The Army's Statute must comply the values of the constitution. This statute defines the organization and functioning of the Army, any amendments to the Statutes can only take place after the approval of 2/3 of the Congress with a quorum of 21 votes.
PARAGRAPH B: Justice
Constitutional justice is managed by the Constitutional Court, whose responsibility is to watch for and inspect the possible controversies between laws and constitution; furthermore it can press charges on a member of the Ministry or Congress for violations.
Constitutional justice is regulated by the Constitutional Court's Statute.
TITLE III: Candidate's requirements.
In order to be able to run for presidential elections it is required a game play period of at least 60 days, in order to run for Congress office at least 30 days.
Citizens who were not born in Italy, must be resident in Italy for at least 45 days before they can be run for Congress or presidency office. In case these requirements are not satisfied, the candidate can't be elected.
A player can run for eItaly's presidency if he/she chooses so, except he/she has already been in charge for the past 4 legislatures. In this case the candidate cannot be elected, but he/she will be able to run for office the following month.
TITLE IV: Emendation of the Constitution and popular referendum
eItalian citizens can ask for a repealing or proposing referendum, with the purpose of changing the ordinary law or the constitutional charter.
In order to propose a repealing or proposing referendum to change an ordinary law, it is necessary to gather the signatures for it up to 5% of the whole population. Once the necessary number of signatures has been reached, the referendum will be considered valid when the votes in favor will be 50%+1. It will be possible to vote for 72 hours.
In order to propose a repealing or proposing referendum to change the constitutional charter, it is necessary to gather the signatures for it up to 9% of the whole population. Once the necessary number of signatures has been reached, the referendum will be considered valid when the votes in favor will be 50%+1. It will be possible to vote for 72 hours.
Population through a referendum can propose to press charge for impeachment on the President, it is necessary to gather signatures up to 9% of the population. Once the necessary number of signatures has been reached, the referendum will be considered valid when the votes in favor will be 66%+1. It will be possible to vote for 72 hours.
The Congress can carry out changes to the constitutional charter, in order for these changes to be effective they must be approved with 66%+1 votes in favor. With a quorum of 21 votes and a vote which lasts 72 hours.
Each Italian citizen can propose to Congress to amend or enact new Law. The proposal, in order to reach the Congress, needs the signatures of 1% of the eItalian population.
Art. 34 (transition's arrangement)
Referendum are considered not available until the survey system will be completed by eRepublik.
Statute of the eItalian Army
The task of eItalian Army is the defense of eItaly and its institutions. It si free from any political ideology and is completely independent in its management.
The military power is in hands of the President who in the first days after his inauguration elects or confirm the Chief of Staff (CoS) which is responsible for directing the eItalian Army (EI), consisting of 4 armed and Organizations for the economic management and logistics. Also the CoS manages relations with the Congress and can designate a representative for that institution.
The President may remove from office the CdSM if they are lacking the basics of honesty and trust on the advice of the Congress that expresses a non-binding opinion by a discussion / vote. If the Congress requesting, with the majority of 2 / 3 of its members, the dismissal of CoS, the President shall proceed with the appointment of a new CoS accordance with the rules of this Statute.
The Italian Army can seek funding through the CoS (or delegate) to the President (or delegated Minister) the application must give reasons. The reasons must be included:
- Purchase of Weapons
- Purchase of Gifts and Moving tickets
- Purchase of Wellness pack
- Financing Wars of independence
- Speculation on Monetary markets of foreign states for purposes of profit
- Maintenance of state enterprises under the management of EI
- Costs related to the creation of new divisions, Armed or related newspapers.
It is the prerogative of Congress to approve or prevent the following movements of EI:
- Attack to a neutral state or an ally
- Defense of an enemy State
- Moving troops in a foreign State to upset the voting without a request by the considered state
- Use of EI money for purposes not listed in Article 4
The CoS or his delegate, should make request for a vote to the President or the President of Congress to vote on the service required by CoS, who can choose a 12h vote (by simple majority on the actual number of congressman) or 24h (with a simple majority of valid votes cast).
Every action of CoS is subject to approval of the President. In the absence of the President for inability to perform its duties, the CoS has full power of decision in cases of absolute necessity and urgency on the following actions:
- Attack an enemy State
- Starting a resistance Wars in enemy territory
- Moving troops in enemy state
- Moving troops in allied states if authorized by considered State.
- Protection of a state allied
- Funding for overtime and temporary for allied troops
The Cdsm in these cases must inform the Vice-President and the Congress. The Vice President has the power to veto on actions of CoS.
The Italian army is divided into armies which are divided into Divisions. The leader of armies is The Army General, his task is to organize and to appoint at its discretion the commanders of Divisions.
The Army General are appointed by CoS.
The Cdsm, the General and Commanders may appoint a deputy that replace them in their absence, with approval of officer above him.
Promotions and any military task are assigned by a higher-ranking soldier to soldiers who have demonstrated their value and their organizational capacity on the battleground.
Statute of the Constitutional Court
The Constitutional Court is composed of 3 constitutional judges appointed:
- 2 courts by Congress by an absolute majority of votes. The quorum for the validity of the vote is 21 congressman
- 1 judge by the Italian President
The constitutional judges shall hold office for 2 months calculated from the day they are nominated. They are re-elected for not more than once. After the expiry of the mandate shall be re-elected according to Article 1. it is the role of judges in mandate expires open topic in Congress for the appointment of new judges at least 5 days before the expiry of the mandate.
May be elected as judges only Italian citizens with at least 3 months of entry eRepublik.
A judge shall be deemed revoked if:
- does not participate in the work of the court for more than 15 days without good reason
- is elected as eItalian President or has candidate for the Presidency
The task of the constitutional court is to judge and rule on any dispute relating to this Constitution, the Rules of Procedure of the congress or the law. The jury is established automatically or on appeal.
Can appeal to the Constitutional Court at least 3 Italian citizens which are at least 1 month old. The appeal of the Italian President in office or a Congressman is entitled to preference in time and is considered urgent.
The Constitutional Court establishes the judgment if one sees a serious and flagrant violation of the Constitution, the Rules of Procedure of the Congress or any other act or fact contrary to the Constitution in force.
The court has a section of the forum eItaly called "constitutional court". It is visible to everyone but only judges can write. A subsection called "appeals" is intended for the submission of appeals in accordance with the requirements in Article 3 of this paragraph.
The court elect, with majority, a President among the judges within 5 days of its appointment. The task of the President of the court is to establish and terminate each trial and the moderation of the section.
The court ruling in the majority of its components by ruling that has constitutional value. The award shall rule clearly and effectively the dispute and shall be forwarded to the applicants and published within 3 days from its issuance in the Official Journal in the game erepublik.
The eItalian President should, with every legitimate means, including the continuous report to the Admin, enforce the ruling of the Court as soon as possible.
The court, on appeal of 20 citizens and 5 Congressmen with at least 3 months old, can put in charge:
- the eItalian President
- a minister
- a congressman
Can be put in charge only for the following reasons:
- clear and serious violation of the constitution
- betrayal of the homeland
- unlawful use of state-Org
It is considered "betrayal of the homeland", maintain popular or secret relationships with the enemies countries in order to subvert the constitutional order.
It is considered "unlawful use of Org-state", the steal money or password without the consent of the body empowered by this Constitution.
The accused is considered guilty if there is evidence beyond reasonable doubt that he has done 1 of the facts in the preceding paragraph of this article.
The guilty is:
- permanently deprived of all access to the state Org
- permanently deprived of all access to the forums eItaly
- reported immediately and continuously to the Admin of eRepublik
Requirements for the appointment of a judge:
- The judge during his mandate should not have other institutional office
- If appointed (appointed or elected) to perform any institutional office has right to choose between one of the alternatives (court - appointed institutional)
- Must have at least 3 months of age
Shall be deemed revoked if:
- Does not participate in the work of the court for more than 15 days without good reason
- Is appointed to any office other institutions (government, presidency, parliament)