CONSTITUTION OF THE PRINCIPALITY OF THE ABBEY OF SEBORGA
Following the epochal event of the reconstitution of the Abbey Principality of Seborga, considering that the institutions must be perfected, both to respond to the needs of a good administration of the country and to meet the new needs aroused by the social evolution, we decided to endow the Principal State with a new Constitution, which, by our sovereign will, from now on will be considered the fundamental law of the Principal State and can be modified only in the terms we have established.
TITLE I. THE PRINCIPALITY – THE PUBLIC POWERS
Art. 1. The Abbey Principality of Seborga is a sovereign state, independent within the general principles of international law.
Art. 2. The principle of government is constitutional monarchy.
The Abbey Principality of Seborga is a state governed by the rule of law, linked to respect for fundamental freedoms and rights.
Art. 3. The executive power depends on the high authority of the Prince of the Abbey State.
The Prince is inviolable.
Art. 4. The legislative power is exercised by the Prince and the Monastic Council.
Art. 5. The judicial power is exercised by the Courts and Tribunals.
Art. 6. The separation of administrative, legislative and judicial functions is assured.
Art. 7. The princely coat of arms is composed of the coat of arms of the Abbey of Seborga: a gilded and decorated Miter, the crosier and two wings of the Griffin, on a light blue background, held by the Crown of the Prince of the Abbey of Seborga.
The national flag consists of two equal horizontal bands, blue and white, blue at the bottom, white at the top.
The use of these flags remains governed by the provisions of the Sovereign Order of December 28, 2019.
Art. 8. The Italian language is the official language of the State. French is the second language of the State.
Art. 9. The Christian religion is the State religion, in particular its Apostolic Catholic declination in total harmony with the Orthodox one.
TITLE II. THE PRINCIPLE, THE DEVOLUTION OF THE CROWN
Art.10. The succession to the Throne, opened by the Council of State, following death or abdication, takes place by direct and legitimate election of a member of the Council of the Crown, a monk presbyter.
Succession to the Throne can take place only for the benefit of a person having the nationality seborghina the day of the opening of the succession.
Art.11. For the exercise of sovereign powers, the age of majority is set at twenty one years.
Art.12. The Prince exercises his sovereign authority in accordance with the provisions of the Constitution and the laws.
Art.13. The Prince represents the Principality in his relations with foreign powers.
Art.14. After consultation with the Crown Council, the Prince signs and ratifies the international treaties and agreements. He communicates them to the Monastic Council, through the Secretaries of State, before their ratification.
However, they can only be ratified by virtue of a law:
1. International treaties and agreements affecting the constitutional organization;
2. international treaties and agreements whose ratification involves the amendment of existing legislative provisions;
3. international treaties and agreements which involve the accession of the Principality to an international organization whose functioning implies the participation of members of the Monastic Council;
4. international treaties and agreements whose implementation has the effect of creating a burden
The Principality’s foreign policy is the subject of an annual report prepared by the Council of Dicasteries and communicated to the Monastic Council.
Art.15. After consultation with the Crown Council, the Prince exercises the right of grace and amnesty, as well as the right of naturalization and reintegration into nationality.
Art. 16. The Prince confers orders, titles and other distinctions.
TITLE III. FREEDOM AND FUNDAMENTAL RIGHTS
Art. 17. Seborghinis are equal before the law. Among them there are no privileges. They are monks or lay people.
Art. 18. The law governs how to acquire citizenship. The law governs the conditions under which citizenship acquired through naturalization can be revoked.
The loss of Seborgian nationality in all other cases cannot be provided for by law.
Art.19. – Individual freedom and security are guaranteed. No one may be prosecuted except in cases provided for by law, before the courts designated by it and in the form prescribed by it.
Except in the case of flagrancy of crime, no one may be arrested except under the motivated order of the judge, which must be notified at the time of arrest or, at the latest, within twenty-four hours. Each detention must be preceded by an interrogation.
Art. 20. No punishment can be established or applied except by virtue of the law.
Criminal laws must guarantee respect for the personality and human dignity. No one may be subjected to cruel, inhuman or degrading treatment.
The death penalty is prohibited.
Criminal laws cannot have retroactive effect.
Art. 21. The house is inviolable. No home visit may take place except in the cases provided for by law and under the conditions prescribed by it.
Art. 22. Everyone has the right to respect for his private and family life and the secrecy of his correspondence.
Art. 23. The freedom to express one’s opinions in all matters is guaranteed, except for the repression of crimes committed on the occasion of the use of such freedoms.
No one may be forced to participate in the acts and ceremonies of a cult or to observe its days of rest.
Art. 24. The property is inviolable. No one may be deprived of his property except for a legally established cause of public utility and upon payment of a just indemnity, established and paid under the conditions provided by law.
Art. 25. The freedom of work is guaranteed. Its exercise is regulated by law.
Priority is given to Seborgians for access to public and private employment, under the conditions provided by law or international conventions.
Art. 26. Seborgians are entitled to State aid in case of indigence, illness, disability, old age and maternity, under the conditions and in the forms provided by law.
Art. 27. Seborgians have the right to primary and secondary education.
Art. 28. Everyone can defend the rights and interests of his profession or function by a master.
The right to strike is recognized within the framework of the laws that regulate it.
Art. 29. – Seborghini have the right to assemble peacefully and unarmed, in compliance with the laws that may govern the exercise of this right without prior authorization. This freedom does not extend to outdoor gatherings, which remain subject to the codes of law.
Art. 30. Freedom of association is guaranteed within the framework of the laws governing it.
Art. 31. Anyone can address petitions to public authorities.
Art. 32. Foreigners enjoy in the Principality all public and private rights which are not formally reserved to nationals. Separate provisions between monks and laity are the subject of a specific Sovereign Ordinance.
TITLE IV. PUBLIC SECTOR, PUBLIC FINANCES
Art. 33. The public domain is inalienable and inalienable.
The disposal of an asset in the public domain can only be decided by law. In fact, any property in a state of abandonment is automatically assimilated to the private property of the State, according to the cases prescribed by law.
The consistency and relative regulation of the public domain are determined by law.
Art. 34. The Crown’s assets are intended for the exercise of Sovereignty.
They are inalienable and inalienable.
Their size and relative regulation are determined by the statutes of the Sovereign Abbey.
Art. 35. Assets and real estate rights that fall within the private sphere of the State are alienable only in accordance with the law.
Any transfer of a part of the share capital of an enterprise in which the State holds at least 50 % and which has the effect of transferring the majority of that capital to one or more natural or legal persons governed by private law is authorized by law.
Art. 36. Vacant assets without owner or legitimate owner are the private property of the State.
Art. 37. The national budget includes all public revenue and expenditure of the Principality.
Art. 38. The national budget expresses the economic and financial policy of the Principality.
Art. 39. – The budget is the subject of a bill. It is voted and promulgated in the form of a law.
Art. 40. The Sovereign Abbey’s expenditures are set by budget law and taken as a priority from general budget revenues.
Art. 41. The surplus of revenue over expenditure, determined after budget execution and closure of the accounts, is paid into a constitutional reserve fund.
The surplus of expenditure over income is covered by a levy on the same account, decided by law.
Art. 42. The control of financial management is ensured by a Superior Account Commission.
TITLE V. THE COUNCIL OF DICASTERS
Art. 43. The government is exercised, under the high authority of the Prince, by a Prime Minister, assisted by a Council of Dicasteries, composed of at least three Councilors.
Art. 44. The Prime Minister represents the Prince. He is also the Claustral Prior of the Abbey and exercises the direction of the executive services. He presides over the Council of Ministers with a preponderant vote.
Art. 45. Sovereign Ordinances are deliberated by the Council of Ministers. They are presented to the Prince under the signature of the Prime Minister; they mention the deliberations to which they refer.
They are signed by the Prince; the signature of the Prince gives them executive force.
Art. 46. The Sovereign Ordinances are exempted from the deliberation in the Council of Ministers and from the presentation by the Prime Minister:
– related to the statutes of the Abbey of Seborga and those concerning its members;
– concerning the statutes of the Council of the Crown and the Council of State;
– for cases falling within the jurisdiction of the Judicial Services Directorate;
– concerning the appointment of the members of the Sovereign Abbey, the members of the diplomatic and consular corps, the Prime Minister, the Councillors of the Dicasteries and assimilated officials, and the magistrates of the judicial order;
– the concession of the act of end of mission to consuls;
– the dissolution of the Monastic Council,
– the awarding of honors.
Art. 47. Ministerial Decrees are deliberated in the Council of Ministers and signed by the Prime Minister; they mention the deliberations to which they refer. They are transmitted to the Prince within 24 hours from their signature and become executive only in absence of express opposition of the Prince within 10 days from the transmission made by the Prime Minister.
However, the Prince can inform the Prime Minister that he does not intend to make use of his right of opposition for certain decrees or categories of orders. These then take executive force as soon as they are signed by the Prime Minister.
Art. 48. Unless otherwise provided by law, the distribution of matters between Sovereign Ordinances and Ministerial Decrees is done by Sovereign Ordinance.
Art. 49. The deliberations of the Council of Ministers are the subject of minutes recorded in a special register and signed, following the vote, by the members present. The minutes mention the vote of each member. It is transmitted within five days from the meeting to the Prince, who can make opposition to the conditions of previous article 47.
Art. 50. The Prime Minister and the Councillors of the Departments are responsible to the Prince for their work in the administration of the Principality.
Art. 51. The obligations, rights and fundamental guarantees of the officials, as well as their civil and criminal responsibility, are established by law.
TITLE VI. THE COUNCIL OF STATE
Art. 52. The State Council consists of at least two Secretaries of State who have the function of Vicar General of the Abbey. Its preponderant function is consultative in order to give its opinion on bills and ordinances submitted to its examination by the Prince.
He can also be consulted on any other project.
Its organization and functioning are fixed by a specific Sovereign Order.
TITLE VII. THE MONASTIC COUNCIL
Art. 53. The Monastic Council comprises at least nine members and can reach twenty-four members elected for three years by direct universal suffrage and list voting, under the conditions provided by law. Two-thirds of the said Council must be monks.
Monks and lay people, citizens of Seborgian nationality, of one or other sex of at least twenty years of age, are voters, under the conditions established by law, with the exception of those who are deprived of the right to vote for one of the causes provided for by law.
Art. 54. Monks and lay people, of Seborgian nationality of one sex or the other, of twenty-five years of age, having Seborgian nationality for at least five years and who have not been deprived of the right to vote for one of the causes provided for by law, are eligible. The law determines the functions whose exercise is incompatible with the mandate of Monastic Councillor.
Art. 55. The control of the regularity of elections is entrusted to the courts, under the conditions provided for by law.
Art. 56. The members of the Monastic Council do not assume any civil or criminal responsibility for opinions or votes cast in the exercise of their mandate.
They may not, without the authorization of the Council, be prosecuted or arrested in the course of a session for a Criminal or Criminal Offence, unless they are guilty of a crime.
Art. 57. The newly elected Monastic Council meets on the twelfth day after the elections to elect its office. The Monastic Councilor, the eldest, presides over this session.
Without prejudice to Article 74, the powers of the previous Monastic Council expire on the day on which the new one meets.
Art. 58. The Monastic Council meets by right every year in two ordinary sessions.
The first session opens on the first working day of May.
The second session opens on the first working day of October.
The duration of each session may not exceed three months. The closure is decided by the President.
Art. 59. The Monastic Council meets in extraordinary session, either on convocation of the Prince, or, at the request of at least two thirds of the members, on convocation of its President.
Art. 60. The office of the Monastic Council includes a President and a Vice President elected every year by the assembly among its members.
Art. 61. Without prejudice to constitutional and, where appropriate, legislative provisions, the organization and functioning of the Monastic Council are determined by the Rules of Procedure adopted by the Council.
These rules must, prior to their application, be submitted to the Supreme Tribunal, which shall rule on their conformity with constitutional and, where appropriate, legislative provisions.
Art. 62. The Monastic Council establishes the agenda. This is communicated to the Prime Minister at least three days in advance. At the request of the Council of Dicasteries, at least one session out of two must be devoted to the discussion of the bills presented by the Prince. The agenda of the extraordinary sessions convened by the Prince is fixed in the convocation.
Art. 63. The sessions of the Monastic Council are public.
However, the Council can decide, by a majority of two thirds of the present members, to meet behind closed doors.
The report of the public sessions is printed in the “Official Gazette of Seborga”.
Art. 64. The Prince communicates with the Monastic Council with messages read by the Prime Minister.
Art. 65. The Secretaries of State, the Prime Minister and the Councillors of the Departments have their income and seats reserved for the sessions of the Monastic Council.
They are to be heard when asked.
Art. 66. The law implies the agreement of the will of the Prince and the Monastic Council.
The initiative of the laws is the Prince’s.
The deliberation and the vote of the laws belong to the Monastic Council.
The sanction of the laws belongs to the Prince, who gives them binding force through the promulgation.
Art. 67. The Prince signs the bills. These bills are presented to him by the Council of Ministers with the signature of the Prime Minister. After the Prince’s approval, the Prime Minister deposits them on the desk of the Monastic Council.
The Monastic Council has the faculty to present bills.
Within six months from the date of receipt of the bill by the Prime Minister, the latter communicates it to the Monastic Council:
a) – his decision to transform the bill, if necessary amended, into a bill following the procedure provided for in the first paragraph. In this case, the bill shall be submitted within one year of the expiry of the six-month period;
b) – its decision to terminate the legislative procedure. Such decision shall be made explicit by a statement entered in law on the agenda of a public session of the ordinary session scheduled within that period. This statement may be followed by discussion.
If, at the end of the six-month period, the Council of Dicasteries has not made known the action taken on the proposed law, the latter shall be transformed, in accordance with the procedure provided for in the first paragraph, by right into a draft law.
The same procedure shall apply if the Council of Ministers has not transmitted the bill within the one-year period referred to in paragraph 2, letter a).
The Monastic Council has the right of amendment. As such, it may propose additions, replacements or deletions to the bill. Only amendments that have a direct connection with the other provisions of the bill to which they refer are permitted. The vote intervenes on the bill that may be amended, unless the Council of Dicasteries has the right to withdraw the bill before the final vote. However, the provisions of the preceding paragraph are not applicable either to the ratification authorization bill or to the budget bill.
At the beginning of each ordinary session, the Council of Dicasteries shall make known, in a public session, the state of examination of all bills deposited by the Council of Dicasteries, whatever the date of deposit.
Art. 68. The Prince makes the Ordinances necessary for the execution of laws and for the application of international treaties or agreements.
Art. 69. The Sovereign Laws and Ordinances are enforceable against third parties only from the day after their publication in the “Official Gazette of Seborga”.
Art. 70. The Monastic Council votes on the budget.
No direct or indirect contribution can be established only by law.
Any international treaty or agreement having the effect of establishing such a contribution may be ratified only by virtue of a law.
Article 71. The draft budget is presented to the Monastic Council by 30 September.
The budget law is voted on during the October session of the Monastic Council.
Art. 72. The budget is voted chapter by chapter. Transfers from one chapter to another are forbidden, except in cases authorized by law.
Art. 73. If the vote on appropriations requested by the Council of Ministers in accordance with article 71 has not taken place before 31 December, the appropriations corresponding to the departments voted on may be opened by sovereign order after consultation with the Council of State.
The same shall apply to revenue and expenditure resulting from international treaties.
Art. 74. The Prince, after consultation with the Crown Council, may pronounce the dissolution of the Monastic Council. In this case, new elections shall be held within three months.
TITLE VIII. THE COUNCIL OF THE CROWN
Art. 75. The Crown Council includes nine monks, of Seborgian nationality, appointed for a duration of three years by the Prince.
The functions of Prime Minister and Councilor of the Dicasteries are incompatible with those of member of the Crown Council.
The Secretaries of State and the Prime Minister have the right to participate in the Council, with special seats reserved for the sessions of the Monastic Council. They must be heard when requested.
Art. 76. The Council of the Crown meets at least twice a year on the convocation
of the Prince. The Prince may also summon him whenever he deems it necessary, on his own initiative or at the suggestion of the President of the Crown Council.
Art. 77. The Crown Council can be consulted by the Prince on matters concerning the superior interests of the State. He can make suggestions to the Prince.
He is obligatorily consulted on the following subjects: international treaties, dissolution of the Monastic Council, requests for naturalization and reintegration, grace and amnesty.
TITLE IX. JUSTICE
Art. 78. The judicial power belongs to the Prince, who, with this Constitution, delegates its full exercise to the courts. The courts do justice in the name of the Prince.
The independence of judges is guaranteed.
The organization, jurisdiction and functioning of the courts, as well as the statute of judges, are established by law.
Art. 79. The Courts are divided as follows:
– Court of First Instance, Civil and Criminal Chamber;
– Court of Appeal, Civil and Criminal Section;
– Supreme Court;
– Constitutional Court.
The operating provisions of the Courts are governed by Sovereign Order, with the exception of the Constitutional Court which is governed by Article 80 and previous paragraphs. A Sovereign Order will establish the General Prosecutor’s Office and its functions.
Art. 80. The Constitutional Court is composed of three full members and two alternate members. The members are appointed by the Prince, that is:
– a full member and an alternate member presented by the Council of Monks, not part of the latter;
– a full member and an alternate member presented by the Council of State, not part of the latter;
– one member and one alternate member presented by the Council of the Crown, not part of the latter.
These presentations shall be made by each of the aforementioned Councils, designated at the rate of two for one seat.
If the Prince does not like these presentations, it is possible to ask him for new ones.
The President of the Constitutional Court is appointed by the Prince.
Art. 81. A. – In constitutional matters, the Constitutional Court shall rule sovereignly:
1) on the conformity of the internal rules of procedure of the Monastic Council with the constitutional provisions, if any, legislative provisions, under the conditions set forth in article 61;
2) on actions for annulment, validity assessment and compensation having as their object a violation of the freedoms and rights enshrined in Title III of the Constitution and not covered by paragraph B of this Article.
B.- In administrative matters, the Constitutional Court shall rule sovereignly:
1) on actions for annulment on grounds of excess of power brought against decisions of the various administrative authorities and Sovereign Orders adopted for their execution
of the laws, as well as on the granting of the resulting indemnities;
2) on appeals by cassation brought against decisions of the administrative courts of last instance;
3) on appeals for interpretation and appeals to assess the validity of the decisions of the various administrative authorities and Sovereign Orders adopted for the enforcement of laws.
C.- The Constitutional Court shall rule on conflicts of jurisdiction.
Art. 82. The Constitutional Court decides in plenary assembly of five members or in administrative section of three members.
It meets and deliberates in plenary session:
1) Constitutional matters;
2) as a judge of conflicts of jurisdiction;
3) in administrative matters on referral ordered by the President of the Constitutional Court or decided by the administrative section.
It meets and deliberates in the administrative section in all other cases.
Art. 83. A Sovereign Order determines the organization and functioning of the Constitutional Court, in particular the conditions of eligibility required of its members, the incompatibilities affecting them and their status, the rotation of the members of the administrative section, the procedure to be followed before the Tribunal, the effects of appeals and decisions, the procedure and effects of conflicts of jurisdiction, as well as the necessary transitional measures.
TITLE XI. REVISION OF THE CONSTITUTION
Art. 84. The Constitution cannot be subject to any suspension measure.
The total or partial revision of the present Constitution is subject to the common agreement of the Prince and the Monastic Council.
In case of initiative of the Monastic Council, the deliberation must be taken by a majority of two thirds of the normal members of the assembly.
TITLE XII. FINAL PROVISIONS
Art. 85. The previous constitutional provisions are repealed.
The present Constitution shall enter into force on 28 December 2019, the day of the reconstitution of the Principality of Seborga Abbey.
The Council of State, together with the Crown Council, shall assume the exercise of its functions on the day of the reconstitution of the Principality of Seborga Abbey.
The Council of Dicasteries will assume the exercise of its functions, at the latest six months after the day of the reconstitution of the Principality of the Abbey of Seborga. The Sovereign Order will designate the Councillors of the First Council of Dicasteries.
The Monastic Council, which on December 28, 2019, is exceptionally assured and composed of the Councillors of the Crown, will be renewed by Sovereign Ordinance no later than twenty-four months after the day of reconstitution of the Abbey Principality of Seborga.