Law of Sancratosia

The law of Sancratosia comprises many levels of codified and uncodified forms of law, of which the most important document is the Constitution of Sancratosia, which prescribes the separation of powers, the national symbols, the main structure of government, various freedoms and fundamental rights and establishes the foundation of justice in Sancratosia.

Legislation

The Principality of Sancratosia has a mixed system of uncodified and codified texts. Other texts are also part of this system like the international treaties signed by Sancratosia. To be considered part of the legislation, an act needs to be promulgated by the competent organ having the authority to do so. A piece of legislation is only valid if published in the Jornal de Sancratosia, the official bulletin of the Principality.

In the absence of legislation, the official directive by the government of Sancratosia is to consider legislation in other juridictions such as Monegasque law, French law and Canadian or Quebec law.

Uncodified texts

The majority of legislation in Sancratosia is uncodified, meaning that it is not consolidated in a code of law.

Constitution of Sancratosia

Main article: Constitution of Sancratosia

The Constitution is the fundamental law of Sancratosia. Any legislation that is inconsistent with the constitution is invalid and can be revoked by the Supreme Court.

Laws

According to the Constitution, legislative initiative belongs to the Sovereign Princess. Laws are debated and voted by the National Council and are promulgated by the Princess. Laws usually concern matters that pertain to the entirety of the Principality and affect many aspects of governance.

The budget of the Principality is, by the Constitution, a law that is voted by the National Council.

Sovereign Ordinances

Sovereign Ordinances are decisions which are the prerogative of the Sovereign Princess. They usually concern matters that are relevant to the competences of the Sovereign Princess or pertain to a single aspect of the governance of the Principality. Sovereign Ordinances are also promulgated as requirements to laws.

Ministerial Decrees

Ministerial Decrees are decisions which are the prerogative of the Government Council. They usually concern nominations within the executive, such as the heads of the different departments and other key positions within the government of Sancratosia.

Municipal Regulations

Municipal Regulations are decisions which are adopted by the Municipal Council. They usually pertain to the social affairs of the Municipality.

Judicial Decisions

Judicial Decisions are decisions taken by each of the courts of the Principality. They are the judgements or the advices given by judges.

Codified texts

Most of the legislation that is usually used in court proceedings is codified, meaning that it is consolidated in codes which are usually cited in judgements.

Civil Code

The Civil Code regulates matters surrounding private matters such as acts of civil status (marriages, births and deaths), the regulations surrounding the acquisition, usage and sale of private property as well as the general dispositions of contracts, sales and loans.

Civil Procedure Code

The Civil Procedure Code is analog to the Civil Code in that it regulates the manners to resolve conflicts and disputes related to the application of the Civil Code.

Criminal Code

The Criminal Code defines the types of criminal offenses, their nature as well as the penalties associated with a condemnation.

Criminal Procedure Code

Like with the Civil Procedure Code, the Criminal Procedure Code is analog to the Criminal Code and it regulates the manners to resolve and to manage judicial procedures pertaining to criminal offenses.

Commerce Code

The Commerce Code regulates commercial activity in the Principality. It establishes the general responsibilities of people who practice commercial activities. It also recognizes the types of private companies as well as their respective responsibilities.

Types of companies

• Anonymous company (Compania anonim de Sancratosia or CAS)
• Company with limited responsibility (Compania con encarga limitada de Sancratosia or CELS)
• Company in sponsorship with actions (Compania en sponsoria con asiones de Sancratosia or CSAS)
• Company in simple sponsorship (Compania en sponsoria simple de Sancratosia or CSSS)
• Company in collective name (Compania en nom coletiva de Sancratosia or CNCS)
• Cooperative (Cooperosa de Sancratosia or CS)
• Individual company (Compania individual de Sancratosia or CIS)

Tax Code

The Tax Code regulates the taxation in Sancratosia, more specifically the 25% value-added tax (VAT), its exemptions and the way it must be paid to the State.

Traffic Code

See also: Road signs in Sancratosia

The Traffic Code regulates the rules of the road in Sancratosia, the road signs, the acquisition of the driving permit as well as the specific dispositions related to different types of vehicles and the penalties for traffic violations.

Other

Jurisprudence

Jurisprudence or case law is not binding and is not an official source of law. Contrary to what its name suggest, it is closer to legal doctrine in its application. In Sancratosia, jurisprudence is a recommendation written by a judge in matters which are not actually covered by any codified or uncodified texts. This can be done with or without judicial proceedings requesting it.

Treaties

The Constitution of Sancratosia takes precedent over any provisions within signed treaties. The Constitution also foresees that treaties that affect the constitutional organization of Sancratosia, the modification of legal terms, the participation of members of the National Council or the creation of financial charge not foreseen by the budget need to be approved by law. Nevertheless, a signed treaty that has provisions inconsistent with the Constitution, will be deemed invalid or have its inconsistent provisions considered invalid.

Areas of law

Copyright law

Main article: Sancratosian copyright law

Sancratosian copyright law governs the legally enforceable rights to creative and artistic works under the laws of Sancratosia as well as under international law.

Humans rights law

Main article: Human rights in Sancratosia

Freedoms and fundamental rights are enshrined in the Constitution especially in "Title III". The freedoms and fundamental rights" which is the Sancratosian equivalent to a bill of rights. It enshrines certain fundamental rights and freedoms to Sancratosians such as the individual security, the inviolability of the home, the right to private and familial life, the liberty of cults, the right to free instruction and the freedom of association, among many others.

Other rights such as the right to vote and the conditions under which it is exercised are also included in the Constitution.

Nationality law

Main article: Sancratosian nationality law

Sancratosian nationality law details the conditions by which a person acquires Sancratosian citizenship. Like most micronations, citizenship in Sancratosia is mostly acquired by naturalization. The Civil Code foresees provisions for the acquisition of citizenship by descent or marriage.

Foreigners need to be aged 13 or older to apply for citizenship.

Judicial system

Main article: Court system of Sancratosia

The court system forms the judiciary, which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction.

In Sancratosia, the judicial power belongs to the Sovereign Princess who delegates its full exercise to the Courts, who in turn give justice in their name. There is a guarantee for the autonomy of judges.

The administration of justice is done by the Ministry of State, while the authority belongs to the Judicial Commission of Sancratosia. Justice is independent from the executive.

Supreme Court

Main article: Supreme Court of Sancratosia

According to the Constitution of Sancratosia, the Supreme Court of Sancratosia hears cases on constitutional matters, on conflicts of competences, on certain administrative matters. It has supreme decision on the protection of the freedoms and rights enshrined in the Constitution as well as in the interpretation of the validity of most legal acts and administrative actions that are in conflict with the Constitution.

See also

• Constitution of Sancratosia

External links

• Full text of the Constitution of the Principality of Sancratosia