#Corse DRAFTING A CONSTITUTION FOR AN INDEPENDANT CORSICAINDEPENDENCE, AS THE ONLY WAY LEADING TO PEACE

DRAFTING A CONSTITUTION FOR AN INDEPENDANT CORSICAINDEPENDENCE, AS THE ONLY WAY LEADING TO PEACE 

 « SI SPIRITUS PRO NOBIS, QUIS CONTRA NOS ? »

Corsica is a sovereignly peaceful and hospitable nation. It never vanquished, submitted, or humiliated anybody.

The French State, for its part, has founded a military society, thus gaining glory and extending its domain to the ends of the earth.

It is by dint of war that the French State submitted the Corsican Nation to its law, in contempt of her culture, history, and of her fundamental rights, without any act of right and international use ever to justify it judicially.

Paris talks of its own law as being the founding of a jure State. To which we retort that, for the time being, it is but a de facto state, so true is it that the crushing side of History will have it so that force prevails over right.

The field of History is not of a philanthropic kind; justice is taken into account only if forces on each side are equal. Otherwise, the stronger one imposes his will and the weaker on submits to it.

Fortunately, times change, bringing with them a potent correction to this jungle law: the recent emergence of a European right labelled « regional », and which includes at last the recognition of the judiciary an international right of motherlands, as inscribed in the geography and the chronicles of peoples. You may invent and make a State, not a motherland.

The need of perenniality, justice, freedom and legitimacy, cultural as well as political, calls for human relations duly founded on a judicial order acknoledged by all as the only moral means of making equals, by right, powers otherwise unequal in all.

There can ben no confusion between democracy and what is commonly called « State of right ». Wich right is meant? Inspired by whom, and in whose name? As long as the law of the State will be limited to acknowledging one policy only, wich consists in allowing for the rights of the individual if encompassed by the « raison d’Etat », but not for those of whole people, thus deprived of their sovereignty, this law betrays Man, the people, and the right itself.

It is evident that any sovereignty won by right of war loses its judicial significance and its inalienable values as universal references.

It is averd that any institution founded on an ideology, strictly under State control, is miles away from the sine qua non the respect of human communities entails.

The French State, wich rules, governs, administers the Corsican Nation, imposes on her language, a history, uses and references, wich ar not her own; it still behaves as the victor in the battle at Ponte Novu, in a time when this selfsame Corsican Nation, presided over by Pasquale PAOLI, and a sovereign nation, was recognized as such, according to the protocol of the time, and before the French system settled, of a State « un et indivisible », wanted by the 1789 French Revolution, and unknown till then in the whole of Europe.

Corsica, then violated in her political concepts dating back to time immemorial, and taken aback by totalitarian methods, wich, in France itself, caused hundreds of thousands of deaths, justified in the nam of an unwonted legalism before it plunged Europe in a blood bath, had to endure a little enviable lot, that of a battle lost.

Such the consequence of that battle lost, whose record and effects the French State would perpetuate, whatever the cost, by maintaining in Corsica a statute originating from war. And it is precisely from this statute, imposed by war and not planned by way negotiation, that the Corsican people would get free.

The Corsican people demand a return to peance, a peace able to scatch out for ever the mark of the fetters stamped in the very flesh of Corsica by her defeat at Ponte Novu, on the banks of a small river in our homeland. By its refusal to forget Ponte Novu, the French State persists in viewing the Corsican people just as a vanquished people, stripped of all responsibility.

In refusing any negotiation with the Corsican people on an equal footing, under european and international warrant, in the name of the principles voted by the United Nations, and in conformity with the law of nations, which, by now, is established by custom, Paris still abides by obosolete rights, those of victor, instead of opening the ways to a peaceful future.

We are the ones most eagerly crying for peance. We are the future indeed. We do not make ours the battle cry of an anthem calling the citizens to arms. We reject the law of blood, whether old or renewed.

We too have our national anthem. But it lies under the auspices of Mercy, placation, and, in short, a prayer for renewal and dialogue.

Petru ROSSI

 

PREAMBLE

The General Diet of Corsican people, legitimately master of themselves, and having recovered their freedom, purposes to give their government a lasting permanent form by transforming it into a Constitution apt to secure the happiness of the Nation, and consequently proclaim and decrees. (cf. Pasquale PAOLI 1755).

 

THE DECLARATION OF INDEPENDENCE

« Governements are institued among men, deriving their just povers from the consent of the governed. Whenever any form of governement becomes destructive of these ends, it is the right of the peiple to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness… When a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce tem under absolute despotism, it is their right, it is their duty, to throw off such government… » (cf Thomas JEFFERSON. 1776)

Seeing that the French presence results from a military aggression and unilateral annexation, followed by massacres, tortures, transportations and arbitrary imprisonments lasting to this very day. Seeing that the French State submitted Corsica to its own law by war, regardless of her history, her culture, her fundamental rights, without any act of international law or usage to justify it all.

Seeing that the false claims of the French State find their only justification in violence, this State has given evident proof of its utter disregard for the law of Nations.

Seeing that human rights have constantly been infringed through the use of laws and practices destructive of Liberty, all this because the control of information, the use of disinformation and slander, have been set up as a mode of normal working, and because the democratic means of expression have been perverted through a recourse to fraudulency and faked lists of voters, the occupant has proved his non-respect for Liberty.

Seeing that the balance-sheet of 230 years of French presence, finally amounts to an economic, as well as demographic, cultural, and democratic regression (demographic regression compared to the other equivalent islands in the Mediterranean sea – regression in the teaching means of a country which was not backward in terms of education – regression in democratic practice, a return to feudalism being forced upon her, under cover of a sham democracy – regression in the field of economy, since Corsica used to be, globally, an exporter, and nowadays imports almost everything she needs, and Corsicans, who used to earn their living honorably, are now, thanks to occupying power, on relief.

Seeing that the legislation applied to Corsica, under pretence of taking into account her specificity, was only intended to subject her to regimes meant to deprive her of rights granted to others, – even though the argument of common right was opposed to her whenever specific measures would have been of any profit to her.

Seeing that the occupant has deliberately developed and forwarded a system of corruption, and turned from their proper course administrative procedures as well as public subsidies, and, thus proving his non-respect for Equality.

Seeing that Corsicans are held collectively responsible for malpractices initiated by the occupant, that what is but the just application of hi own rules is systematically presented as alms-giving; that the occupant consciously allows a racialist discourse to develop, against Corsicans, thus proving his non-respect for Fraternity.

Seeing, lastly, that the French presence has constantly refuse to acknowledge the rights of the Corsican People, that the crumbs allowed have been torn from it, not by debating democratically, but by fighting it, that the Corsican People’s existence is denied, and their recognition always postponed, owing to dilatory manoeuvres, that their language is either denied or confined within a lower statute, all thes actions tending to the programmed disappearance of their identity, and the occupant thus proving its non-respect for the rignt to Life.

The sovereign Corsican People has just reason to reiterate their decision of dissolving all bands they may have with France; and proclaim the independence of Corsican Nation as the only possible recourse they have to ensure their own survival, the maintenance of Liberty, and the just application of a sovereign inalienable right.

 

THE BILL OF RIGHTS

 

I. The protection of human rights

(cf. supra) « We hold these truths to be self-evident that all men are created equal, that they are endowed with certain inalienable rights, that among these are Life, Liberty, and the pursuit of Happiness ».

 

II. The rights of Man and the rights of Peoples

Peoples enjoy the very same rights in the very same terms, their rights being co-substantial with the rights of Man. A man can’t possibly enjoy his rights as an individual if he can’t as a People. Likewise, a People can’t posibly be free if they despise the rights of all, or part, of the individuals composing that People.

 

III. The dignity of the human person

The dignity of Man is intangible. Each man has a right to develop his personality freely, provided he does not encroach on the rights of others. Each man has a right to live and be respected in his physical integrity and the inviolability of his private life.

 

IV. Equality before the law

Alle men are before the law, in right and in duty. No one shall be advantaged ordisadvantaged with regard to his sex, race, religion, profession or ascendency.

 

V. Liberty of expression

V.1. Everybody has the right to express and circulate his own opinion by speech, writing, images, and to inform himself freely: thus does Liberty imply free accessibility to sources of information, and the prohibition of any monopoly in this field.

 

V.2. There is no censorship.

 

V.3. These rights are limited by the legal dispositions taken for the protection of young people, of private life and personal honour. Neither do they allow dispensation of respect due to the Constitution and its preamble.

 

VI. The family

VI.1. The family enjoys a particular protection from the Nation.

 

VI.2. The right to Marriage is guaranteed to all people, this right being distinct from the right to adoption.

 

VI.3. Attending to the welfare and education of children, -legitimate or not- and abiding by the obligation of alimony are primordial, and losely supervised by the community.

 

VI.4. Children may not be separated from their families, against the will of those in charge of them, except by virtue of low, when the latter fail in their duties, or the children are left to run wild.

 

VI.5. The mother has a right to protection and mutual aid form the community.

 

VI.6. The child acquires its father’s name, followed by its mother’s.

 

VII.Education and culture

It is the Nation’duty to guarantee a free and equal access to education and culture. Each individual has to provide for the education of the minors trusted to him.

 

VIII. Social welfare

Any Corsican has a right to a minimal system of social welfare, the modalities of which are defined by the law.

 

IX. Freedom of reunion

Any Corsican has the right to assemble withe others within doors, unarmed, and not being first allowed to.

There is no limitation to gatherings in the open all, except by law, and for reasons in relation with the principles listed in the preamble.

 

X. Liberty of association

X.1. All Corsicans have right to create associations, trade unions, parties, or societies; but those going contrary to the restraints of penal right, or directed against constitutional order are prohibited.

X.2. Peculiar guarantees must be provided by the Law for the benefit of associations and trade unions aiming at the improvement of the working; enconomic, and social, conditions of the most destitute, and the defense of worker’s interests. All measures restricting this right or trying to limit its exercise are declared null and void.

 

XI. The secret of correspondence

XI.1. The secret of correspondence, either written, telophonic, audivisual, or electronic, is inviolable.

 

XI.2. Restrictions to this secret can’t be ordered execpt by strength of a law intended to protect this Constitution. These restrictions can be orderend only by decision in law.

 

XII. Freedom of movement

XII.1. All Corsicans enjoy the right to move freely within the territory of the Nation.

 

XII.2. This right may be restricted but by law, and only in case it entails particular costs to the community; when necessary to cope with danger threatening the very existence of individuals, as epidemics, cataclysms, significantly serious accidents, or the preservation of young people and constitutional liberties.

 

XIII. Free choice of one’s profession

XIII.1. It is the right of all Corsicans freely to choose their jobs in the respect of official rules.

 

XIII.2. Nobody shall be constrained to hard labour, except in the case of punishment duly decided bay a tribunal.

 

XIV. Federal Service of General Interest

XIV.1. All Corsicans, without distinction of sex, origin or category, are subjected to serving in the general interest, for a term fixed by law, a term though which can’t excede 3 years.

 

XIV.2. In a position of defence, all Corsicans can be conscripted for all or part of the length of time this situation continues.

 

XV. The possession of arms

XV.1. The possession of arms is an inalienable right. Any Corsican may defend his motherland and his Constitution.

 

XV.2. Beyond the limits of these cases, the carrying of armes is restricted by laq. The decisions bearing on authorization, refusal of grant, or wihdrawal, are taken by a judiciary instance.

 

XVI. Inviolability of the domicile

XVI.1. The domicile is inviolable. Searches may be ordered by justice in the conditions specified by the law.

 

XVI.2. Derogations from this rule can be admitted only in case of imminent danger threatening the life of a person; the respec of this limitation being checked by the judge.

 

XVII. The rights of property, succession and expropriation

XVII.1. The rights of property and succession are warranted within the law limiting their exercise.

 

XVII.2. Expropriation is admitted only in the general interest.

 

XVII.3. The underground, open space, the maritime and fluvial spheres, the lake areas and brackish expanses, as well as all ressources of general interest, belong to the Nation.

 

XVIII. The lliberty of trad and industry

XVIII.1. All Corsicans have a right to create and practise commercial or industrial activities on all the territory of the Nation.

 

XVIII.2. The collectivity may limit the exercise of this right only if it goes against the fundamental principles, if it represents a danger for the Nation, if for instance it tends to the creation of a bond of submission to a foreign power.

 

XVIII.3. The collectivity may also supply a default of private initiative.

 

XIX. The right of defence, and presumed innocence

XIX.1. No one can be accused or detained, except in the cases defined by the law.

 

XIX.2. No one shall be judged twice for the same fact otherwise than through the application of the means of appeal set by the law.

 

XIX.3. No one shall be compelled to give evidence against oneself.

 

XIX.4. No provision is retroactive

 

XIX.5. All person in custoy must be presented in open court, and within 48 hours, to a judicial formation, able to appreciate the legitimacy of the charges against him or her, the necesity or not of mantaining the detainment, or demanding bail.

 

XIX.6. The amount of the bail-bond sould not be exorbitant; it is in proportion with the crime in question and the prisoner’s income.

 

XIX.7. Any defendant has a right to a speedy and public judgment by an impartial jury, to the assistance of a counsel, from the beginning of any proceeding, to the knowledge of the facts he is indicted with, to the benefit of a contradictory proceeding, to the summons of witnesses for the defence.

 

XIX.8. At the end of 6 months’ maximum delay, person in custody must be either judged or relaxed.

 

XIX.9. All prisoner is presumed innocent as long as he or she , has not been judged.

 

XX The right of Petition

It is the right of everybody to send, individually or collectively, written requests or claims to the competent authorities.

 

XXI. The right to sanctuary

XXI.1. Any person whose life is threatened by reason of sex, race, religion, or political opinion, has a right to call for sanctuary.

 

XXI.2. This right dois not imply either the payment of loans, or the granting of particular privileges, or the accession to the Corsican national status, on account of a prolonged stay.

 

XXII. Extradition

Except in major criminal cases against mankind, the Nation does not extradite her own nationals.

 

XXIII. Ecological rights

XXIII.1. The peoples are accountable to both their environment and their descendants.

 

XXIII.2. They must protect nature, the common patrimony, the sites, and the bio-diversity.

 

XXIII.3. They are called upon to take all necessary measures to prevent or suppress all forms of pollution and degradation of the environment.

 

XXIV Limits affixed to the rights of certain categories

XXIV.1. Magistrates, higher officials, the police and all forces wearing a uniform or being allowed to carry service arms, may see their fudamental rights limited by specific laws dealing with the expression of an opinion or their right to assemble.

 

XXIV.2. Secretaries of State, political resentatives, elected magistrates and police officers, are equally submitted to rules of incompatibility.

 

XXV. Forfeiting or restricting the rights of those who misuse them

XXV.1. Anyone misusing the rights just cited in order to combat against them, and against the Constitution, forfeits all fudamental claims.

 

XXV.2. The constitutional judge pronounces this forfeiture, and fixes its extent.

 

*******

This preamble integrates the United Nations Universal Declaration of Human Rights, the European Charter of Human Rights, and the Genveva Conventions.

Equally entitled to being part of the constitutional corpus, are all international agreements the Corsican Nation will ratify.

 

*******

 

TITLE I. THE NATION

ARTICLE I. SOVEREIGNTY

I.1. The Corsican Nation, considering herself as heiress and continuator of the Filitosa men, of the Korsi tribes resisting Rome and the Moors, of SAMBUCUCCIU D’ALANDU’s communalist Revolution, of the Corsican Statutes (1453 and 1572), of the 1730 insurrection, of the Orezza Cunsulta’s Declaration of Independence (30.1.1735), of the Constitution of the Realm of Corsica by Sebastianu COSTA, of the Generalships of GIAFFERI, Hyacinthe PAOLI, and GAFFORI, and above all, of the Generalship of Pasquale PAOLI and his Constitution (16-18 November 1755).

 

I.2 .The Corsican People is he sum of all individuals conscious of belonging to their corsican land, language, culture and history.

 

I.3. The Corsican territory consists in the island of Corsica, and the contiguous islets, her maritime and aerial space.

 

I.4. Corsica is an indivisible lay federacy

 

I.5. Her emblem is the flag withe the Moor’s Head, sable on silver ground, with the headband raisen on his forehead, and without any adjunction of a collar or a chain. Her simbulu is the moufflon. Her national anthem is the « DIO VI SALVI REGINA« . Her motto: « PATRIA E LIBERTA » (Motherland and Liberty). Her capital, CORTI.

 

I.6. The compulsory language of the Corsican Nation is the Corsican language; her second official language is the vernacular most in use in the world. Both languages are taught (and compulsory), from elementary schools onwards.

 

ARTICLE II. NATIONALITY

II.1. All persons that have been residing in Corsica for at least 10 years, and before independence, let known their will of having access to Corsican nationality, are declared de jure cosicans.

 

II.2. After Independence, any person born of a Corsican parent, shall be able to obtain de jure Corsican nationality, provided he resides, or intends to reside, in Corsica, and after swearing to serve and defend the Nation and the Constitution.

 

II.3. Any person having lawfully resided and worded in Corsica for 15 years, being under no international sentence or warrant, and having passed a test in Corsican language, history, geography, institution and culture, shall be allowed access to Corsican nationality after swearing to serve and defend the Nation and the Constitution.

 

ARTICLE III. CONSTITUENCY

III.1. All Corsicans having completed their 18 years of age are electors, unless they forfeited this claim through justice decision.

 

III.2. All Corsicans having completed their 21 years of age, and being under no sentence or forfeiture, or no subject to the incompatibilities concerning certain fuctions previously carried on, or the conditions of age and degrees concerning certain fucntions, are eligible to all mandates whatever.

 

III.3. Any Corsican acknowledged guilty of electoral fraud is ineligible for life.

 

III.4. Corsicans vote where their chief residence is; If they have several residences, the presumed chief residence is the one nearest to the working place, and in second place the one wherein the residence has been the longest.

 

ARTICLE IV. THE EXERCISE OF SOVEREIGNTY

IV.1. All votes ares effected by universal secret one- round suffrage.

 

IV.2. The vote is physical an compulsory; non-voters are penalized by the payment of a fine in proportion to their incomes; the fine is progressive in case of second offence, and pronounced, in the first and last resort, by the pieve judge.

Exemption from voting can be admitted only on medical motives, according to the provisions of the law.

 

IV.3. National legislative ballots are effected, half of them on a national proportional list, the lower limit for the allotment being fixed at 5%, and the allotment itself at the highest average obtained; the other half by uninominal one-round vote.

 

IV.4. One representative at the least is warranted to less populated pievi, the other ones getting a number of seats corresponding to their populations, and in accord with a degressive proportionality decided on by the law.

 

IV.5. The peivi granted 4 seats and more also choose their representative proportionally, according to the same modalities as the first body of electors.

 

IV.6. Pievi elect their deliberating assemblies, according to the same modalities.

 

IV.7. Elective political mandates can’t last longer than 5 years; they are neither cumulative, nor renewable, nor imperative.

 

IV.8. Nobody shall be elected in another pieve than that of his residence, in the sendse defined above article III.§4

 

IV.9. The age limit for all elective mandates is fixed to 70 years of age before the mandate begins.

 

IV.10. Parties respecting constitutional principles get an endowment in proportion to the number of votes obtained in pievan and national ballots.

 

IV.11. All legislative and executive votes take place at the same time; the others take place one week later.

 

IV.12. Official inscriptions are taken 21 days before the vote. Electoral campaigns can’t exceed 30 days.

 

ARTICLE V. POPULAR EXPRESSION

V.1 The people can be consulted in all fields by means of referendum.

 

V.2. The sovereign people may, on his own account, imose by petition the organization of a referendum of popular initiative, at a national or pievan level, on rules, the legislative, or the Constitution.

 

V.3. A referendum can’t bear on one and the same question more than once within a legislature, or deal with a question inscribed on the agenda of the deliberating assembly.

 

V.4. Petitions calling for a pievan referendum must be supported by 15% of the electors enlisted.

 

V.5. Petitions calling for a national rererendum must be supported respectively by 15, 20 or 25% of the electors enlisted in 15, 20 or 25% of the pievi, for initiatives about decisions dealing respectively with the rules, the legislative or the contitutional.

 

V.6. It is the right and the duty of all citizen to disobey an illegal order and to resist an illegitimate

government.

 

 

TITLE II THE EXECUTIVE POWER

ARTICLE VI U CAPU GENERALE DI A NAZIONE

VI.1. The Capu Generale is the warranter of the Constitution and of national independence. He ensures the regular working of institutions and the respect of his international commitments.

 

VI.2. U Capu Generale and u Sicretariu Generale (General Secretary) are jointly elected by the people, according to the modalities defined in articles III and IV §7 to 9.

 

VI.3. At the end of his mandate, u Capu Generale becomes, by right and for life a member of theSindicatu.

VI.4. He can be destituted in case of serious misdemeanour. This destitution must be proposed by the Diet with a 2/3 majority. The nine suprem magistrates and those of the sindicatu assembled, without the life-syndics, judge and penalize: they have the decision if they get an absolute majority of votes.

 

VI.5. The incapacity of the Capu Generale is attested, following the same procedure, the life-syndics being present, upon seisin by the General Secretary, the President of the Diet, or 25% of the representatives.

 

VI.6. In all cazes of premature interruption of his mandate, the interim is ensured by the General Secretary; this interim does not prevent the latter from standing for election to the mandate of Capu Generale. According to the protocole ordrer, the President of the Cunsulta (Diet) supplies him, and after him the President of u Sindicatu, then that of the Rota Suprana (Suprem Court).

 

ARTICLE VII HIS POVERS AS DETAINER OF THE EXECUTIVE

 

VII.1. The Capu Generale appoints his Secretaries of State, chosing them from among all Corsican citizens: his choice is sovereign.

 

VII.2. He presides over the Cunciliu Generale (Cabinet), who meet at least once a week.

 

VII.3. He promulgates the laws within a fortnight, and signs the decrees for their application.

 

VII.4. He appoints higher official, whose list is fixed by law.

 

VII.5 He appoints ambassadors.

 

VII.6. He accredits foreign ambassadors, ratifies treaties, proclaims the state of war.

 

VII.7. He has power to initiate procedures in order to re-examine any legal action.

 

ARTICLE VIII. HIS POWERS AS REGARDS LEGISLATION

VIII.1. He has power, in conjunction with the legislative body, to initiate laws (then termed « Project Bill »).

VIII.2. Once a year, he delivers the speech on the state of the Nation before the legislative body.

VIII.3. He may, for serious motives, call to other interventions.

VIII.4. He can apply for a right to legislate by decree according to the provisions of article XIII§5 .

VIII.5. He is the only one entitled to summon extraordinary sessions.

VIII.6. He has a right of veto, which is suspensive during 6 months.

 

ARTICLE IX. IN A SITUATION OF DEFENCE

IX.1. In case the territrory is partially or totally invaded, and in all situations not allowing of a normal and free working of the institutions, the Capu General is vested with full powers.

IX.2. The proclamation of the situation of defence must be previously notified to the presidents of the Diet, the Sindicatu, and the Supren Court.

IX.3. As long as the situation of defence lasts, the parts of these instances able to meet freely, sit by full right, an are informed of all decisions they are legally comptetent for. Their mandates may not be brought forward aganin, and the Constitution may not be modified.

IX.4. The Pieve remaining free and isolated from the federal power, have at their disposal, during the same period, all federal powers.

 

ARTICLE X. THE USE OF THE REFERENDUM BY THE EXECUTIVE

X.1 The Capu Generale may take advice from the people in all fields, but as regards the Constitution, he may not do so in order to modify the preamble, title I, and the articles dealing with it.

 

X.2. Power separation is strict; In case of blockading, the Capu Generale may apply to the people by way of referendum. If disavowed by the people, he must resign.

 

ARTICLE XI. THE GENERAL SECRETARY AND THE SECRETARIES OF STATE

XI.1. The General Secretary acts as middleman between the executive and the legislative. He collaborates to the elaboration of the agenda and decides on the part reserved to the executive.

 

XI.2. The rules in article VI§4 and 5 also apply to the general secretary.

 

XI.3. The secretaries of state are responsible only to the person who appoints them, but they are supervised by the Sindicatu (cf;article XIX§10).

 

XI.4. The function is incompatible with any other function in the legislative or judiciary body and with any other professional activity.

 

XI.5. They carry out the policy defined by the Cabinet, execute laws and elaborate decrees.

 

XI.6. They take the decrees of application and the individual measures not mentioned in article VII. They can receive delegation in matters of decrees. They organize their services.

 

XI.7. Each Secretary of State is at the head of an office (Department) corresponding to the different federal activities.

 

XI.8. Their number is not limited, but all new creation must first be authorized by the Diet.

 

XI.9. The General Secretary can also be trusted with an office.

 

 

TITLE III. THE LEGISLATIVE

ARTICLE XII. ORGANIZATION AND WORKING AF THE LEGISLATIVE

XII.1. The Cunsulta Generale (Diet) consists of 144 cuncilieri (Coucillor) elected as defined in article IV§3& 4.

 

XII.2. Its President is elected, for as long as the legislature lasts, by the majority of the whole number of voters, or in default of this, by a relative majority on the third round of ballot. The ballots succeeding each other, after an hour’s suspension. In case of parity, he has the casting vote.

 

XII.3. Their charge is incompatible with any professional activity and any charge in the judiciary body, or any function in the Executive. Unjustified absenteeism in more than 3 successive sittings, involves dismissal. In case these points are contested, they may appeal to the Suprem Court,who decides in the first and last resorts.

 

XII.4. The Diet has the power of self-organization; Its internal regulations set, among others, the number of its commissions of work or inquiry and the extent of their powers in the respect of the power separation. It also sets the time limit for addresses.

 

XII.5. The Diet has a right to subdivide itself into chambers, with the same size, and a composition in proportion with the whole of them, all competent enough to deal with the scope of one or several offices (Departments).

 

XII.6. While the new institutions are being established, and for a maximum term of 3 years, the Diet has power to hold limitless sessions; beyond that term, the Diet will sit de jure twice a year for 3 months, in spring and autumn.

 

XII.7. Its internal budget is checked by the Sindicatu.

 

ARTICLE XIII. THE COMPETENCES OF THE LEGISLATIVE

XIII.1. Within the limits of federal competences, their is no limit to the sphere of the Law. The Diet, though has a mission, that of outlining a text, before leaving to the care of the Executive the settling of practical modalities. In case of legal dispute, the Suprem Court has the decision in delimitation matters.

 

XIII.2. The Diet in conjunction with the Capu Generale, has the initiative of Laws (then termed « proposition bills ») .

 

XIII.3. Bills entailing a curtailment of resources or an increase of expenses, can’t be debated outside the Finance Law.

 

XIII.4. In concert with the General Secretary, the agenda is decided on by the Diet officials, half of it being reserved to proposition bills.

 

XIII.5. The Diet may qualify the Executive on their request, to legislate by decrees, in the sphere reserved to the Law, the latter fixing the limits and the field of their action.

 

XIII.6. The proclamation of war is allowed by the Diet.

 

ARTICLE XIV. THE LAW OF FINANCE

XIV.1. The law of finance is initiated by the sole Executive. It must respect the principle of a budget which can’t swerve from its balance by more than 3%, between revenue and expenditure.

 

XIV.2. The Diet decides the creation of new taxes and new duties.

 

XIV.3. The Cuncilieri examine, first, the total amount and the tax base, the key for the distribution of three masses defined in article XXIX§1, the mode of distribution of the third mass, and the respective amounts of the new shares and the expenses renewed in the second mass.

This first part of the Law, dealing with resources, is propounded to the Finance commission a fortnight before the opening of the spring session, and to the Diet bureau, on the opening of the spring session.

 

XIV.4. The amendments the consequence of which is either a decrease of resources or an increase in expenses, are receivable only if they provide, correlatively and respectively, a decrease of the fielsds of action, or an increase in the rates of fiscal previous deductions, and the legislative changes they happen to imply.

 

XIV.5. The second part of the Law about the federal expenses in the second mass is proposed to the finance commission a fortnight before the autumn session opens, and to the bureau of the Diet on the opening of the same session.

 

XIV.6. The amendments the consequence of which is either a decrease or an increase of an expense, are receivable only providing at the same time the redeploying of excess or necessary means, as well as the legislative modifications they imply.

 

XIV.7. As regards both parts of the law, in case it is not carried according to the rules cited in the preceding paragraphs and within sixty days after it has been proposed to the bureau of the Diet, the Law is consdered as being carried in the state it was proposed.

 

TITLE XV. THE JUCICIARY

ARTICLE XV. CONSTITUTIONAL CONTROL

XV.1. Any judge has a right to pronounce a legal objection for unconstitutionality, whenever vested by any petitioner in the course of all the stages of a legal action.

 

XV.2. Constitutionality is appreciated with regard to the whole of the articles and preamble of the Constitution, of the International Conventions it refers to, and the jurisprudence stemming from them.

 

ARTICLE XVI. A ROTA SUPRANA (SUPREM COURT)

XVI.1. The Suprem Court is instituted; it is composed of nine members.

 

XVI.2. They are appointed for nine, non reconductible years. They are chosen from among judges in inferior instances, either still in activity, or having practised, and from among any professional jurists with an experience of more than fifteen years. They must be more than forty-five years old.

One third of them is elected by the people, one third appointed by the Capu Generale, one third by the Diet. They are renewed by one third.

 

XVI.3. The judges elect their president among themselves for a term of three years. The Presidency is not reconductible.

 

XVI.4. The Suprem Court is applied to, by executive, legislative, federal, and Pievan structures, as regards the constitutionality of the laws, the regulations of the federal and pievan executives, and the respective encroachments.

 

XVI.5. The Suprem Court is applied to by any elector a regards any encroachment the above structures have not pointed to.

 

XVI.6. The seisin is effected within the month following knowledge of the decision of doubtful validity; and its annulment occurs within the month after the seisin; The non-respect of the delay is as dood as an implicit annulment.

 

XVI.7. The suprem judges in cassation of the sentences passed by the appellate jurisdictions, the instance judgments, and those of special courts, when deciding in the last resort, of the sanctions taken by the Sindicatu, an of any procedure not providing a possible appeal.

 

XVI.8. When reversing a judgment, the Suprem Court can evoke the matter of the affair if it is proper condition to be judged.

 

XVI.9. The Suprem judges, in the first and last resorts, of the federal electoral points in dispute. They are appealed to within a fortnight and they decide within a month.

 

XVI.10. The Suprem Court can be previously consulted by the Capu Generale on the constitutionality of draft bills, and for any advice in legal matters.

 

ARTICLE XVII. THE PIEVE, INSTANCE, AND APPEAL JUDGES

XVII.1. The matter of fact judges have the decision by right and equity.

 

XVII.2. A refereeing judge is instituted in each pieve; His decisions being submitted to the consent of the parties.

 

XVII.3. Instance tribunals are instituted, whose jurisdiction extends one or several pievi. They decide on affairs not yet settled at arbitral level, in the first and last resorts as regards affairs below an amount fixed by the law, and above it, provided an appeal is lodged. They are competent in matters of pievan electoral disputes , appeal being lodged, within the same length of time as federal disputes.

 

XVII.4. Appeal courts are instituted; They extend to one or several instance tribunals.

 

XVII.5. The reversal of judgments of inferior courts and courts of appeal may be requested from the Suprem Court.

 

XVII.6. Abusive appeals and requests are penalized by the fines set by law.

 

XVII.7. Pieve refereeing judges, as well as judges in inferior courts and courts of appeal, are elected, provided they have the degrees and the moral qualities defined by the law. Their five-year mandate is reconductible once. The exercice of this charge is incompatible with any other function, and makes them ineligible to political mandates in the geographical area where they have practised.

 

XVII.8. A special law fixes their status and their securities. They are submitted to the control of a body of inspectors under the Sindicatu.

 

XVII.9. Exceptional jurisdictions are prohibited, but specialized ones are admitted in the interest of the person amenable to a tribunal,if all the normal warranties are maintained, exactly as if the formation of a general judgment was at stake.

 

ARTICLE XVIII. PENAL JURISDICTIONS

XVIII.1. Pieve refereeing judges in the field of contraventions, the resort judges in the fiels of offences, and the appeal judges in criminal cases are all penal judges. In this case, they are attend by a popular jury.

Their names are respectively: pacere (Penal judge), minor offence court, criminal case court.

 

XVIII.2. The minor offence court is the judge of appeal for the pacere. The criminal case court is the judge of appeal for the minor offence court.

 

XVIII.3. Three magistrates from Suprem Court, sit in turns, and constitute the Court of Criminal Appeals. These magistrates cannot sit in the cassation instance for a case they have judged in appeal.

 

ARTICLE XIX. THE SINDICATU

XIX.1. The Sindicatu is instituted, which counts nine members, with the addition of the ex-Capi Generali, excluding those who have been destituted.

 

XIX.2. The Sindicatu is a jurisdictional organization financial matters; Its calling is to obtain the restitution of any public funds misappropriated or unduly collected.

 

XIX.3. The Sindicatu penalizes faulty persons by means of fines, seizures, dismissals an ineligibilities. It may order searches and imprisonments.

 

XIX.4. It refers to penal instances for the penal elements connected with the case it has examined, thus acting as counsel for the prosecution before these instances.

 

XIX.5. Its decisions are liable to be reversed only before the Suprem Court.

 

XIX.6. Its members are appointed for nine years not reconductible. They are chosen from among the jurists and the financial specialists, more than forty-five years old, and having a professional experience in these fields.

One third is elected by the people, one third appointed by the Capu Generale, one third elected by the Diet. They are renevable by thirds.

 

XIX.7. The syndics elect their president, from among themselves,withe exception of life syndics, and following the same modalities as the Suprem Court.

 

XIX.8. The Sindicatu checks the executive and legislative accounts of the Federacy and the pievi, of public establishments, national companies, or companies partly-owned by the federal or pievan authorities, as well as associations and all groups getting public funds.

 

XIX.9. The Sindicatu checks the whole of public marketing, and has power over the federal market commission.

 

XIX.10. The Sindicatu checks the financial situation of any elected member, of any chartered accountant, of any magistrate, police officer, or higher official appointed by the Capu Generale, before they enter upon their duties, and when these duties draw to a close. They are discharged only after the Sindicatu gives them leave to.

 

XIX.11. The Sindicatu has an inspection body at its disposal, an responsible to no other. It can requisition the police force if needed. It can demand any document, any participation, any hearing from all the federacy an pievi services, and from all subsidized structures.

 

XIX.12. Beside these missions the Sindicatu takes upon itself, the Capu Generale can apply to it for studies and reports on different points raising financial carping.

 

ARTICLE XX. ON THE PENAL CODE

XX.1. Treason carried out on behalf of the foreign occupying power, prior to Independence, is amnestied.

 

XX.2. Capital punishment is prohibited.

 

XX.3. Persons sentenced to the most serious punishments for terms exceeding twenty years may ask for their sentence to be commuted into ostracism.

A special commission shall decide of the vality of the request, and shall investigate so as to determine whether the applier has fulfilled all his civil, penal or fiscal obligations, and whether another State is likely to accept him indeed.

 

XX.4. As regards crimes considered by the people as extremely serious ones, any exception taken to point XIX in Bill of Rights, shall be viewed within a constitutional modification inscribed in this article.

 

ARTICLE XXI. ATTORNEY AND COUNSELS FOR THE PROSECUTION

XXI.1. Federal Attorneys in the service of the Suprem Court and the Sindicatu are elected in the same conditions as syndics and suprem judges.

 

XXI.2. Federal Attorneys in the service of appeal courts are elected in the same conditions as judges in these courts.

 

XXI.3. The court attorney is responsible for the prosecution, the examination of the breaches of the law, and the defence of the interests of the public power in civil affairs, before this court, and before the inferior courts proceeding from this same court.

 

XXI.4. The attorneys summon barristers-at law bound by an exclusivity convention. These counsels for the prosecution represent, act and plead as substitutes for the federal attorney, especially in lower jurisdictions.

 

XXI.5. They are under control of the Sindicatu as regards their financial activities, and the Suprem Court as regards their doings.

 

XXI.6. People going to law compel the prosecution to action by taking upon themselves the conductiong of the public prosecution.

 

ARTICLE XXII. POLICE OFFICERS

XXII.1. A special body of general officers is elected, in conformity to the modalities and conditions that the election of magistrates imposes, from among the police officiers and professional jurists able to justify fifteen years of activity. They enjoy the same guarantees as magistrates.

 

XXII.2. The list of posts provided in this way is fixed by the law. The other officers and members of the police force are recruited by general officers after standing for a competitive exam.

 

XXII.3. A special law fixes their statute, and shall provide for the penalties applicable in cases of neglect or voluntary abstention.

 

XXII.4. They are under control and authority of the Suprem Court.

 

 

TITLE V. PIEVI AND THE FEDERAtion

ARTICLE XXIII. TERRITORIAL PARTITION

XXIII.1. The Nation is subdivided into paesi (municipality) and pievi.(county)

 

XXIII.2. The pievi correspond to a grouping of historical pievi, taking into account economic, geographic and human realities as well as the demographic evolution.

 

XXIII.3. The pieve is the chief entity; it is the only one enjoying legal recognition as a person, the other subdivisions being only ordinary circumscriptions.

 

XXIII.4. The pieve is a federate entity, an has at its disposal an executive directly elected by the people and a deliberating assembly. The election takes place on the level of the pieve, and of itsloghi (locality) and paesi, in conformity with the same prinicpels as those defined in article IV.

 

XXIII.5. Provided these rules are respected, the pieve is sovereign in the choice of its own institutions.

 

ARTICLE XXIV. THE PIEVE COMPETENCES

XXIV.1. The pievi have general competency; all that is not listed as federal competency is considered as belonging exclusively to its province.

 

XXIV.2. Pievi act in their own name and decide, without appeal, to part with a competency on behalf of other municipality or communities of pievi, by decree, or on behalf of the federal State by convention, especially in the fields of partaken competencies.

 

XXIV.3. All competency transfer implies a joint transfer of resources.

 

ARTICLE XXV. THE ATTRIBUTIONS OF THE FEDERATION

.The federation watches over the respect by pievi of the present dispositions, protects citizens from the abuses of local powers, and its federated pievi from external aggressions and internal violences.

 

.The federation has, in principle, a competency in every matter concerning external relations, the defence, the space, the keeping of public order, justice and currency.

 

.It has also comptency in the following provinces:

 

XXV.1. International treaties, foreign trade, customs, frontier control, immigration and refugees, the import and making of arms.

 

XXV.2. Maritime and arerial transport, international harbours and airports, deep-sea fishing; taxes related to these activities. The railway system, the railroads of national interest and the communications with the rest of the network; the regulation and the taxes concerning terrestrial vehicles. Raw materials of strategic importance, mining resources, the production and distribution of electricity; the post, telecommunications and electronic ones; the audivisual and written press.

 

XXV.3. Currency; Treasury; Credit; Bank regulation, savings banks, insurances, exchange; Financial relations with other countries; the settling of taxes, the tax-base, and the key of their distribution; weights and measures, their stamping and punching.

 

XXV.4. Nationality, the organization of the civil status, census, public and penal law, special rights and their respective proceedings; the organisation and working of justice; the statute of public agents, either recruited or elected.

 

XXV.5. Higher and professional education, and the secondary grade schedule; the cultural establishments of national interest, the contents of school curricula, the validation of degrees and the control of the recruiting of teachers.

 

XXV.6. Health, social security, mutual insurance companies, and the reglementation of personal insurances.

 

XXV.7. Public sanitation; the regulation of pollution and the ways of preventing it; the protection of nature; national parks and reserves of natural interest, as ecology, plant and animal life.

 

XXV.8. The inscription of historical monuments and sites.

 

XXV.9. Coordiantion in the fighting of fires and their preventions; heavy investments; the statute and the recruiting of the agents concerned.

 

XXV.10. The code of town-planning, the sheme of national urbanism; The elaboration of an occupancy planning, in conjunction with the pieve, or in case of default, as a substitute, and the control of its respect.

 

XXV.11. The exercise by the Federal State of its rights in the public and private fielsds, over the maritime and aerial spaces.

 

ARTICLE XXVI. THE FEDERATION’S DOMAINS ELABORATED

WITH THE PIEVI’S COLLABORATION

XXVI.1. The organization of secondary education and the statute of teachers, others than those exclusively dealt with by the federation.

 

XXVI.2. The elaboration of an occupancy planning for the soil.

 

XXVI.3. The prevention of fires and the fighting them.

 

XXVI.4. The prevention of pollution, and the fighting it.

 

XXVI.5. The protection of the environment.

 

XXVI.6. The protection of the patrimoy.

 

XXVI.7. The coordination and elaboration of the road-planning and the connection withe federal and pievan networks.

 

ARTICLE XXVII. DEROGATIONS FROM THE PINCIPLE OF ATTRIBUTION

XXVII.1. The federation cannot deprive pievi of any competency, but it can have the dejfaults of a pieve ascertained by the Suprem Court, in order to supply it.

 

XXVII.2. The federation can also a statute law within the competency of the peivi, only in order to rationalize and simplify it all, thinking of the equality of all citizens before the Law.

This law applies only to pievi ratifying it, and is comulsory for others only if two-thirds of the pievi have already ratified it.

 

ARTICLE XXVIII. ADHERING TO THE FEDERACY

XXVIII.1. New pievi may be admitted into the Federation, but no new peive shall be formed through division or grouping of pievi, without the consent of the population involved and of two-thirds of the oter pievi called to attend a special session.

 

XXVIII.2. The pieve has no right to secede, to form an alliance or to conclude treaties with the other pievi in order to supply all, or part, of the federation’s missions.

 

ARTICLE XXIX. TAXES AND THE SHARING OF RESOURCES

XXIX.1. All common taxes determined by the Diet are divided into three masses, on the level of the amount levied in each pieve.

The first mass represents the part staying in the pieve.
The second, the part transferred to the federal level.

The third, the part to be redistributed equally between the wealthier and poorer pievi.

 

XXIX.2. The Federation also keeps the use of taxes or duties related to the exercise of the competence conceded to it on principle, as well as of the other sums due for other services.

 

XXIX.3. The pieve is the only one allowed to retain the use of taxes and dues related to services and corresponding with its competencies.

 

XXIX.4. The pieve may raise common taxes, on condition it respects the limit 10% rate. This raise is not taken into account in calculating the partition of masses.

 

XXIX.5. The pieve may also grant cuts on all or part of the sums assessed, but these cuts are deducted from the first mass.

 

XXIX.6. Resorting to loans is limited ot investing operations.

 

XXIX.7. The pieve’s budget must be presented ans adopted in equilibrium.

 

XXIX.8. The pieve’s budget it examined during its autumn session, and is submitted to the rules of procedure stated in article XIV§4, 6 &7.

 

ARTICLE XXX. THE RIGHT OF LABOUR AND THE FEDERAL OR PIEVAN PERSONNELS

 

XXX.1. The labour code is unique. Collective and appropriate conventions shall regulatie particular situations.

 

XXX.2. Special conventions shall regulate the modes of recruiting, controlling and revoking agents vested with a public service mission.

 

XXX.3. All conflicts are settled before the boards of arbitration.

 

TITLE VI. THE REVISION OF THE CONSTITUTION

ARTICLE XXXI . INITIATIVE AND MODALITIES OF THE REVISION

XXXI.1. The Capu Generale, by way of a referendum, and the people, by way of popular initiative, may conjointly enter revisions of the Constituion, subject to the dispositions of articles V and X.

 

XXXI.2. The Diet , on proposal by one third of the Cuncilieri or by the Capu Generale, may adopt a proposal or a project of revision, by a major vote of two-thirds.

 

TITLE VII. TRANSITORY MEASURES

ARTICLE XXXII. SETTLING THE INSTITUTIONS

XXXII.1. The body of Corsican voters settles a constituent Diet.

 

XXXII.2. This provisory Diet’s mission is the validation of the Constitution draft, and the proposed amendments int gathers.

 

XXXII.3. Once the Constitution is validated in its present form, the provisory Diet’s mission is to submit it ot the people for adoption.

 

XXXII.4. In Parallel, it appoints an executive from among its members, whose mission is to effect all the gestion and representation acts necessary, and to work up the Diet’s decisions.

 

XXXII.5. It also constitutes internal working commissions: they don’t tarry in opening up the elaboration of the most urgent laws.

 

XXXII.6. After adoption by the people, the provisory Diet and its executive jointly instal the new institutions.

 

XXXII.7. These provisory institutions proclaim their own dissolution after transmitting their powers to the new institutions.

ARTICLE XXXIII. EXCEPTIONAL LAWS OF DECOLONIZATION

Derogatory to the Preamble, and under control of the Suprem Court, automatically taking charge, the Diet is allowed to take measures in order to actualize decolonization.

The Diet may enact suche derogatory dispositions only for a time limited to this settling, and to the ten years following the adoption of the Constitution; These measures must be limitend in time (the utmost limit being thirty years, with the possibility of tacit reconduction twince following at most).

These measures may deem, among others, with:

– the interdict of leagues, parties, trade unions, and associations linked withe the foreign power, and of attempts at reconstitution in disguise;

– the confiscation of French property in the case likewise of physical or moral persons, of public or private law.

– the measures alming at restoring the pre-eminince of the Corsican people’s language on their own land, an particularly in the press, the media, trade and work, formularies and administravie or judicial procedures.

– the measures for the changing of toponyms and the voluntary modification in the civil status.

– all interventions, regulations, and limitations, in economic an fincancial fields, the purpose of which is the reorientation of economic circuits towards a real international competition, not tributary of one foreign State.

 

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