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Hopolis · 03-25-2015, 04:53 PM

Escade has asked a question.

Hopolis · 03-26-2015, 08:33 PM

This is another one of a theme on citizenship. She asks the following questions:

Quote:1. Who has the power to remove citizenship?
2. Can the court clarify what is covered under "will be removed"?
3. Who or what determines citizenship?
4. If an administrator does not remove citizenship, for example this has occurred many times over the course of the last two years, when a citizen does not fulfill point 8. of the Charter, does that invalidate all elections held since then or what is the recourse? Should an investigation take place in every election to determine whether citizens were invalid or not?
5. Since citizenship has not been removed in the past by Admins or ECs during elections, can it be removed now in the current election by the EC or does that invalidate all elections which were not checked (apparently the citizenship list has not been updated since 11/2014)?

It's late here now, so I'll draft my thoughts tomorrow.

Hopolis · 03-31-2015, 05:20 PM

Quote:1. Who has the power to remove citizenship?
2. Can the court clarify what is covered under "will be removed"?
3. Who or what determines citizenship?
4. If an administrator does not remove citizenship, for example this has occurred many times over the course of the last two years, when a citizen does not fulfill point 8. of the Charter, does that invalidate all elections held since then or what is the recourse? Should an investigation take place in every election to determine whether citizens were invalid or not?
5. Since citizenship has not been removed in the past by Admins or ECs during elections, can it be removed now in the current election by the EC or does that invalidate all elections which were not checked (apparently the citizenship list has not been updated since 11/2014)?

A1. Article 2, Section 1 of the Charter concerns itself with the application and removal of citizenship. This states that the Vice-Delegate may deny an application for citizenship (Paragraph 2). However, in terms of provisions for the removal of citizenship, the only powers specifically attributed are in respect of the Cabinet in the case of a security threat. However, given the Article refers to the powers of the Vice-Delegate primarily it would seem to me that the intent in the framing of the Charter was to make the Vice-Delegate responsible for all powers relating to citizenship in Article 2 except where otherwise explicitly granted to the Cabinet or Assembly.

A2. In framing my reply I am assuming the questioner refers to the powers set out in Article 2, Paragraph 8 as follows:

Quote:8. Citizenship will be removed if a nation has not logged into the South Pacific forums for more than 30 days and made two posts within that period.

The absence of any such qualifier such as "will automatically be removed" leads me to the view that this refers to the physical action of the removal of citizenship of this forum by the Vice-Delegate, including any an all procedures related to being a citizen such as citizenship masking on the forums.

A3. The Vice-Delegate determines citizenship in accordance with the provisions of Article 2 of the Charter. In the event that the position of Vice-Delegate is vacant (as opposed to inactive) the Cabinet may designate a member to perform the Vice-Delegate's duties in respect of citizenship applications.

A4. This question raises some important points that may require further legislative clarification from the Assembly where legislative provisions are absent. However, in my view a reading of the Charter would suggest that in the absence of any provisions for the automatic removal of citizenship a nation remains a citizen until the Vice-Delegate removes that citizenship. As such, all the time that a nation is shown as a citizen they may continue to exercise all the rights and privileges that are accorded by citizenship, including standing for election.

As the Charter and Election Act make no provision for the invalidation of election results on any grounds, I am of the view that all election results certified by the Election Commissioners must therefore stand. While I would urge the Assembly to consider legislation on this matter, this Court has a point of principle stood by the notion of fairness and it would seem inherently unfair to invalidate elections entered into in good faith by all parties where citizenship had not been removed at the time of the election.

In respect of an investigation this should be a matter for the Assembly to determine and make relevant legislative provision. In doing so, the difficult decision needs to be addressed of who would be such an investigator (the Election Commissioner for example?) given the COIs elected officials would have in the matter and who would have the right to order a re-run of an election.

A5. The Charter in Article 2 makes no reference to such powers being granted to Administrators or Election Commissioners. Indeed, as mentioned earlier given the powers for such acts seem to have been intended to be vested in the Vice-Delegate, I would express some concern about Administrators or Election Commissioners removing citizenship without fresh legislation. To this end, the Court would express its disappointment that the legislation on Judicial Review which would cover this very circumstance was removed from the final Charter by the Assembly.

Hopolis · 04-06-2015, 06:18 AM

Guys, we need a decision on this one.

Hopolis · 04-08-2015, 01:46 PM

Bump again

Hopolis · 04-09-2015, 06:34 AM

[Image: HCSeal.png]

HCLQxxxx

- 08.04.15 -

Petitioner

Escade

Presiding Justices

xxx, xxx & Hopolis

Non-Presiding Justice

Apad

1. Who has the power to remove citizenship?
2. Can the court clarify what is covered under "will be removed"?
3. Who or what determines citizenship?
4. If an administrator does not remove citizenship, for example this has occurred many times over the course of the last two years, when a citizen does not fulfill point 8. of the Charter, does that invalidate all elections held since then or what is the recourse? Should an investigation take place in every election to determine whether citizens were invalid or not?
5. Since citizenship has not been removed in the past by Admins or ECs during elections, can it be removed now in the current election by the EC or does that invalidate all elections which were not checked (apparently the citizenship list has not been updated since 11/2014)?

Majority Opinion

xxx, xxx & Hopolis

The answer to each of the five questions asked is set out below:

Quote:1. Who has the power to remove citizenship?

Article 2, Section 1 of the Charter concerns itself with the application and removal of citizenship. This states that the Vice-Delegate may deny an application for citizenship (Paragraph 2). However, in terms of provisions for the removal of citizenship, the only powers specifically attributed are in respect of the Cabinet in the case of a security threat. However, given the Article refers to the powers of the Vice-Delegate primarily it would seem to the Court that the intent in the framing of the Charter was to make the Vice-Delegate responsible for all powers relating to citizenship in Article 2 except where otherwise explicitly granted to the Cabinet or Assembly.

Quote:2. Can the court clarify what is covered under "will be removed"?

In framing our reply the Court assumes that the questioner refers to the powers set out in Article 2, Paragraph 8 as follows:

Quote:
8. Citizenship will be removed if a nation has not logged into the South Pacific forums for more than 30 days and made two posts within that period.

The absence of any such qualifier such as "will automatically be removed" leads the Court to the view that this refers to the physical action of the removal of citizenship of this forum by the Vice-Delegate (or other authorised persons under the Charter), including any an all procedures related to being a citizen such as citizenship masking on the forums.

Quote:3. Who or what determines citizenship?

The Vice-Delegate determines citizenship in accordance with the provisions of Article 2 of the Charter. In the event that the position of Vice-Delegate is vacant (as opposed to inactive) the Cabinet may designate a member to perform the Vice-Delegate's duties in respect of citizenship applications. The Court notes and welcomes legislation pending in the Assembly to cover the unavailability of the Vice-Delegate in circumstances where the office is not vacant.

Quote:4. If an administrator does not remove citizenship, for example this has occurred many times over the course of the last two years, when a citizen does not fulfill point 8. of the Charter, does that invalidate all elections held since then or what is the recourse? Should an investigation take place in every election to determine whether citizens were invalid or not?

This question raises some important points that may require further legislative clarification from the Assembly where legislative provisions are absent. However, in the view of the Court a reading of the Charter would suggest that in the absence of any provisions for the automatic removal of citizenship a nation remains a citizen until the Vice-Delegate or other authorised persons remove that citizenship. As such, all the time that a nation is shown as a citizen they may continue to exercise all the rights and privileges that are accorded by citizenship, including standing for election or voting in elections.

As the Charter and Election Act make no provision for the invalidation of election results on citizenship qualification grounds, the Court is of the view that all election results where votes of nations who were citizens at the time of voting be certified by the Election Commissioners. While the Court would urge the Assembly to consider legislation on this matter, this Court has a point of principle stood by the notion of fairness and it would seem inherently unfair to invalidate elections entered into in good faith by all parties where citizenship had not been removed at the time of the election.

In respect of an investigation this should be a matter for the Assembly to determine and make relevant legislative provision. In doing so, the difficult decision needs to be addressed of who would be such an investigator given the Conflict of Interests elected officials would have in the matter and who would have the right to order a re-run of an election.

Quote:5. Since citizenship has not been removed in the past by Admins or ECs during elections, can it be removed now in the current election by the EC or does that invalidate all elections which were not checked (apparently the citizenship list has not been updated since 11/2014)?

The Charter in Article 2 makes no reference to such powers being granted to Administrators or Election Commissioners. Indeed, as mentioned earlier given the powers for such acts seem to have been intended to be vested in the Vice-Delegate. As such the Court reiterates its view that citizenship status remains until the physical act of removal and no retrospective powers of removal exist.

Are we happy with the above? Want to change it?

Awe · 04-09-2015, 01:00 PM

I think this is fine, though we might insert a clause calling for a revote in the FA elections in light of this Legal Question?

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**Farengeto** · 04-09-2015, 01:20 PM

(04-09-2015, 01:00 PM)Awe Wrote: I think this is fine, though we might insert a clause calling for a revote in the FA elections in light of this Legal Question?

The cabinet's executive action and our previous ruling render than unecessary.

I'm making a slight tweak to the first paragraph so that we don't accidentally void our ability to remove citizenship, other than that it's good.