Constitution of the Popular Union of Occitania

Constitution of the Popular Union of Occitania
Cover of the document of the Constitution
Created	April 17, 2017
Ratified	May 7, 2017
Authors	Babou Chkaya

The current Constitution of Occitania was adopted on 7 May 2017. It is typically called the Constitution of the Popular Union of Occitania, and replaced that of the Confederate States of Occitania dating from 2015. Babou Chkaya was the main driving force in introducing the new constitution. Since then the constitution has been amended nine times, most recently in December 2017.

Summary

The constitution establishes Occitania as a democratic country, deriving its sovereignty from the people.

It provides for the election of the President and the Parliament, the selection of the Government, and the powers of each and the relations between them. It ensures judicial authority and creates a High Court, the Federal Court of Babougrad. It was designed to create a politically strong President.

Constitution

Chapter I : the Federal State

• 1;1 : The Popular Union of Occitania is a popular union that consists of Federal Cities, Republics, States and sanctuaries.
• 1;2 : Subdivisions of federal subjects can only be established by law.
• 1;3 : The boundaries of the state and federal subjects can only be changed or rectified under the law.
• 1;4 : In the exercise of their respective powers, the Federal State, federal subjects pursue the objectives of sustainable development, in its social, economic and environmental dimensions, taking into account solidarity between the generations.
• 1;5 : In case of breaches, a federal autonomy may be deposed.

Chapter II : the Occitanians and their rights

• 2;1 : There is no distinction of order in the state. The Occitanians are equal in front of the law; only they are eligible for civilian and military employment, except for exceptions that may be established by law for particular cases. The equality of women and men is guaranteed. The enjoyment of the rights and freedoms recognized to the Occitanians must be ensured without discrimination. To this end, the law and decrees guarantee in particular the rights and freedoms of ideological and philosophical minorities.
• 2;2 : The law guarantees women and men the equal exercise of their rights and freedoms, and notably promote their equal access to elected and public offices.
• 2;3 : Individual liberty is guaranteed (can not be guaranteed because of threats, only in exceptional cases of state of emergency / war / siege). No one may be prosecuted except in the cases provided for by law, and in the form prescribed by it. In the case of flagrante delicto, one can only be arrested by virtue of the reasoned order of the judge, which must be served at the time of arrest, or at the latest within twenty-four hours.
• 2;4 : No one may be distracted, against his will, from the judge whom the law assigns to him.
• 2;5 : No penalty can be established or enforced except by law.
• 2;6 : The death penalty is abolished.
• 2;7 : The home is inviolable; a domiciliary visit may only take place in the cases provided for by law and in the form prescribed by it.
• 2;8 : One may be deprived of one's property for reasons of public utility, in the cases and in the manner established by law.
• 2;9 : The freedom of religion, that of their public exercise, is guaranteed, except the repression of the crimes committed on the occasion of the use of these liberties. It does not include the freedom to express one's opinions in any matter. The state religion is the Violetism.
• 2;10 : No one may be compelled to participate in any way in the acts and ceremonies of a cult, nor to observe the days of rest except in the case where the commemoration siren sounds.
• 2;11 : The State has the right to intervene in the appointment and installation of ministers of any religion, and to forbid them to correspond with their superiors, and to publish their acts, except, in the latter case, the ordinary responsibility for press and publication.
• 2;12 : Every child has the right to respect for his moral, physical, psychical and sexual integrity. Every child has the right to speak on any matter that concerns him; his opinion is taken into consideration, considering his age and his discernment. Every child has the right to benefit from the measures and services that contribute to their development. In any decision that concerns him or her, the interest of the child is taken into consideration most importantly. Everyone has the right to lead a life in keeping with human dignity.

For this reason, the law, taking into account the corresponding obligations, economic, social and cultural rights, and determine the conditions for their exercise. These rights include: 1 ° the right to work and to the free choice of a professional activity within the framework of a general employment policy, aiming inter alia at ensuring a level of employment that is as stable and high as possible, the right to conditions equitable remuneration, as well as the right to information, consultation and collective bargaining; 2 ° the right to social security, to the protection of health and to social, medical and legal assistance; 3 ° the right to decent housing; 4 ° the right to the protection of a healthy environment; 5 ° the right to cultural and social development; 6 ° the right to family benefits.

• 2;12B : § 1st. The teaching is free; any preventive measure is prohibited; repression of offenses is regulated only by law or decree. The community ensures free choice of parents. The community organizes a teaching that is neutral. Neutrality includes respecting the philosophical, ideological or religious conceptions of parents and students. Schools organized by the public authorities offer, until the end of compulsory schooling, the choice between the teaching of one of the recognized religions and that of non-denominational morality.

§ 2. If a community, as an organizing authority, wishes to delegate powers to one or more autonomous bodies, it may only do so by decree adopted by a two-thirds majority of the votes cast.

§ 3. Everyone has the right to education in the respect of fundamental rights and freedoms. Access to education is free until the end of compulsory schooling.

All students subject to compulsory schooling are entitled, at the expense of the community, to a moral or religious education.

§ 4. All students, parents, staff and educational institutions are equal before the law or decree. The law and the decree take into account objective differences, in particular the characteristics of each organizing authority, which justify appropriate treatment.

§ 5. The organization, recognition or subsidization of education by the community is regulated by law or decree.

• 2;13 : The press is legal is free, censorship can be established; writers, publishers or printers may be required to guarantee (only in exceptional cases of state of emergency / war / siege).
• 2;14 : The Occitanians have the right to assemble peacefully and unarmed, in accordance with the laws that may regulate the exercise of this right, but they must nevertheless submit it to a prior authorization. This provision does not apply to outdoor gatherings, which remain entirely subject to police laws. Virtual gatherings with the purpose of national representation are prohibited.
• 2;15 : Everyone has the right to send to the public authorities petitions signed by one or more persons. The constituted authorities alone have the right to petition in their collective name.
• 2;16 : The secrecy of citizens, their names, their professions is guaranteed by the state. The secret of letters is guaranteed (but not only in the exceptional case of a state of emergency / war / siege). The law determines which agents are responsible for violating the secrecy of letters entrusted to Correoc.
• 2;17 : The federal state does not recognize national languages. This recognition is the duty of the local level. The working languages are English, Castilian and French
• 2;18 : Everyone has the right to consult each administrative document and to receive a copy.
• 2;19 : Marriage and divorce can be granted between two people.

Chapter III : Foundation of the constitutional order

• 3;1 : The Popular Union of Occitania is a democratic state, federal, a State of right, having a republican form of government.
• 3;2 : The denominations "Union Populaire d'Occitanie" and "Occitanie" are equivalent.
• 3,3 : Humans, his rights and freedoms, constitute the supreme value. Recognition, respect and protection of human and citizen rights and freedoms are an obligation of the state.
• 3;4 : The people exercise their power directly, as well as through the organs of state power and organs of local self-government. The Federal Court gives mandate of organization for the elections, in a democratic way. bis The referendum and the free elections are the supreme direct expression of the power of the people. ter The seizure of power or the usurpation of power prerogatives are pursued according to federal law.
• 3;5 : The sovereignty of the Popular Union of Occitania extends to all of its territory. The Constitution of the Popular Union of Occitania and the federal laws take precedence over the whole territory of the Popular Union of Occitania. The Popular Union of Occitania ensures the integrity and inviolability of its territory.
• 3;6 : In the Popular Union of Occitania are guaranteed the unity of the economic space, the free movement of goods, services and financial means, the support of competition, the freedom of economic activity. In the Popular Union of Occitania are also recognized and protected private property, state, and other forms of property.

Chapter IV : Rule of Law

• 4;1 : The president may by decree impose the State of Emergency. This allows to give full powers to the government and the army for a period of 7 days renewable at will. During these periods, the elections are suspended.
• 4;2 : The President may by decree impose the State of War. This confirms the nature of a war that leads the Popular Union of Occitania and gives full powers to the government and the army for a period of 7 days renewable at will. During these periods, the elections are suspended.
• 4;3 : The President may by decree impose the State of Seat. This confirms the nature of an imminent danger against the U.P.O and gives full powers to the government, the secret services and the army for a period of 7 days renewable at will. During these periods, the elections are suspended.
• 4;4 : General elections are organized according to case law, every year in May and November.

Chapter V : Sustainable development and ecology

• 5;1 : Everyone has the right to live in a balanced environment that respects health.
• 5;2 : Everyone has a duty to take part in the preservation and improvement of the environment.
• 5;3 : Every person must, under the conditions defined by the law, prevent the attacks that it is likely to bring to the environment or, failing that, limit the consequences.
• 5;4 : Every person must contribute to the repair of the damage that it causes to the environment, under the conditions defined by the law.
• 5;5 : Public policies must promote sustainable development. To this end, they reconcile protection and enhancement of the environment, economic development and social progress.
• 5;6 : Environmental education and training shall contribute to the exercise of the rights and duties defined by this Charter.
• 5;7 : Research and innovation must support the preservation and enhancement of the environment.

Chapter VI : The organization of powers

• 6;1 : Every six months, the people elect the Vergadering deputies through national lists and proportional representation.
• 6;2 : The President of the Popular Union of Occitania is elected for a period of one year, by direct universal suffrage.
• 6;3 : The President of the Union obtains the powers of head of Heneral armii of the Self-Defense Forces and Primate of the Holy Violet Church.
• 6;4 : The representative of the party or coalition that won the majority of the seats in the legislative elections is appointed Prime Minister by the President of the Union. The Prime Minister appoints his government, creates / dissolves ministries and agencies. If no party / coalition obtains a majority, the Union President and the party / coalition representative together form a unity government. bis Ministries or other national bodies may be appointed to substantive positions. ter The President of the Union may dissolve Parliament and call early parliamentary elections.
• 6;5 : The Federal Court of Babougrad, administered by the dedicated minister, legislates federal and constitutional questions.
• 6;6 : Federal Statutes:

 State - administered by a governor appointed by the president. He has autonomy in the fields of culture, economy, agriculture, resources, and justice. Indeed, each governor can by decree enrich a local codex. Republic - administered by a governor elected by the local population. His term of office is six months. He has autonomy in all areas. Each local president can by decree enrich a local codex and establish a sovereign constitution. Recognition of a local identity. The Union's competences in the republics blend with diplomacy and military questions. Federal City - administered directly by the President of the Union Sanctuary - administered directly by a religious authority

• 6;7 : The Vergadering is competent to amend the constitution, issue motions with non-binding opinion status, and to pass laws to enrich the federal Codex.