256 lines
23 KiB
TeX
256 lines
23 KiB
TeX
\documentclass{proposal}
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\usepackage{enumitem}
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\usepackage{hyperref}
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\usepackage{textcomp} % Trademark signs
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\usepackage{draftwatermark}
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% DRAFT
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%\SetWatermarkText{DRAFT}
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%\SetWatermarkScale{5}
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% PROPOSAL
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\SetWatermarkText{PROPOSAL}
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\SetWatermarkScale{5}
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\hypersetup{pdfborder={0 0 0}}
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\begin{document}
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\settitle{Presidential Powers Act}
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\setdate{1st Oct. 2021}
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\generateHeader
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\introduction{WE, \textbf{the Citizens of the Crafty Table}, BY THE GRACE OF KIPJE\texttrademark, the Sovereign Rulers of the Realm, hereby declare, to all whom shall hear or see, are to know: \bigskip%
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having established the Statutes as our unified legal framework; having observed a desire to expand this instrument to include all aspects of the legal system of the Crafty Table; having recognized the powers of the President and all other members of the Administration to be the most contentious issue; having thus prioritized the codification of the powers of the Administration; having hereby established the provisions related to the Administration;\bigskip%
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having concluded as such we shall here, having heard the advice of the Administration, in unison with the Legislature, declare into Law the following text. Let it be published by the Judiciary as follows: \bigskip}%
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\toparticle{}{This Act shall provide the contents of Title III of the Statutes.}
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\toparticle{}{
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Title I of the Statutes shall have the following contents: \medskip%
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\setcounter{TitleCounter}{3}
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\chapter{General Provisions on the Administration}
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\section{Composition}
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\article{Members of the Administration}{Members of the Administration shall be:\begin{onderdelen}
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\item the President of the Crafty Table; and
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\item the Moderators of the Crafty Table.
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\end{onderdelen}}
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\article{Acts of the Administration}{Acts of the Administration shall be all acts performed by a Member of the Administration, or any other person that has been bestowed public powers, for a purpose performed in an official executive capacity.}
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\article{Presidential Responsibility}{The President shall bear responsibility and accountability to the Crafty Council for all Acts of the Administration, excluding those Acts performed by other persons whom are not members of the Administration.}
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% () Wrong and dangerous. Think of consequences
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\article{Liability for damages}{\begin{leden}
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\item The Administration shall be liable for any damages caused by the execution of an Act of the Administration.
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\item Persons performing an Act of the Administration shall instead be liable for any damages caused by the exercise of that act, insofar as that damage was foreseeable at the time of the execution of the Act and the Act was performed \textit{contra legem}. If that person is unable to incur the damages, the President shall be liable instead.
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\item Damages incurred by the Administration shall be paid out by the Treasury and shall be registered in an official notice to the Crafty Council.
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\end{leden}}
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\article{Monetary Compensation}{\begin{leden}
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\item The President shall receive a weekly salary of 512 \textit{cc}.
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\item Moderators shall receive a weekly salary of 128 \textit{cc}. The President may reduce a Moderator's weekly salary if that Moderator only has access to a limited subset of administrative powers.
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\item Other persons whom have been bestowed public powers by any act of delegation must receive adequate compensation for exercise of public duty, the amount of which may not exceed that which a Moderator receives according to the previous member. The President shall determine the amount of compensation by Administrative Decree.
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\end{leden}}
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% Decisions and appeal
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\section{Decision making}
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\article{Definitions}{\begin{leden}
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\item A decision shall be an Act of the Administration affecting the legal position of players or entities, not including the imposition of any sanctions of title X.
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\item The refusal, omission or failure to make a decision shall constitute a decision of omission.
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\end{leden}}
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\article{Making decisions}{\begin{leden}
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\item The Administration may make decisions on request or by its own initiative if so permitted by the Law.
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\item If a decision is requested, the request shall at least contain:\begin{onderdelen}
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\item the name of the requestor;
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\item the date of the request;
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\item a description of the request being made.
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\end{onderdelen}
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\item If a decision is requested, the Administration may inquire the requestor to provide additional information if such information is required for determining the decision to make. Any applicable deadlines for the decision shall be suspended until this inquiry has been completed.
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\item If no maximum length of time for the processing of a decision has been set, a maximum length of 7 days shall apply.
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\item Upon making a decision, the Administration shall, if applicable, notify the requestor and any other known players with a specific interest in the decision of the decision it has made. The Administration shall post the decision in a designated public Discord channel.
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\item A decision may only enter into force after it has been published in a public communication channel and any applicable terms of appeal have been exhausted. %If a decision regards the enactment of emergency measures, the decision may instead enter into force immediately but may retroactively be retracted by means of appeal.
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\end{leden}}
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\article{Administrative appeal}{\begin{leden}
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\item The requestor of a decision, and any other player with a specific interest in a decision, may issue an appeal to the Administration to overturn a decision.
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\item The appeal shall be issued using the same channel as wherein the primary decision was issued. If the appelant does not have permission to respond in that channel, or in the case that no such channel exists, the appeal may instead be filed in a public Discord channel designated for communication with the Administration. The appelant shall provide the Administration with grounds for the appeal. Any other player that is eligible to appeal may also provide the Administration with arguments to be taken into account during the processing of the appeal.
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\item If no term has been set for the issuing of the appeal, a maximum term of 3 days shall apply.
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\item If no maximum length of time for the processing of an appeal has been set, a maximum length of 5 days shall apply.
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\item Upon deciding on the appeal, the Administration shall notify the requestor and, if applicable, any other known players with a specific interest in the decision, of the decision in appeal. The Administration shall post this decision in a designated Discord channel.
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\end{leden}}
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\article{Appeal to the Crafty Court}{The appelant, the requestor and any other participant in the appeal of the previous article may, within 3 days of the decision in appeal issue an appeal to the Crafty Court to overturn the decision in appeal.}
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%\article{Appeal to the Crafty Court}{The appelant, the requestor and any other participant in the appeal of the previous article may, within 3 days of the decision in appeal, in accordance with article *() of title IV, issue an appeal to the Crafty Court to overturn the decision in appeal.}
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\article{Exceedence of deadlines}{For every 24 hours that the Administration exceeds the deadline of a decision, not including a decision of omission, the Administration shall owe 256 \textit{cc} to the requestor of the decision or the appelant in appeal.}
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\section{Enforcement mechanisms}
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\article{Definitions}{The following definitions shall be used within this section:\begin{onderdelen}
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\item administrative violation: an act that is performed \textit{contra legem} to any administrative provision of the Law;
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\item violator: a player or entity performing an administrative violation;
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\item administrative sanction: an order imposed by a member of the Administration, due to the observance of an administrative violation, on a violator;
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\item restorative sanction: an administrative sanction with the purpose of wholly or partially undoing the cause or effects of an illegal state of affairs, or to prevent such a state from arising;
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\end{onderdelen}}
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\article{Rules of imposition}{\begin{leden}
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\item The Administration shall, by Administrative decree, determine enforcement priorities for different categories of administrative violations. This Administrative decree shall contain which categories shall take precedence over others and which categories shall, if enforcement is not explicitly mandated by the Law, be tolerated. This Administrative decree shall not go into effect until at least 2 weeks after notifying the Council of the enactment of this decree.
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\item When imposing a restorative sanction, members of the Administration shall choose the least impacting restorative sanction which could reasonably achieve to undo the cause or effects of the illegal state of affairs. The Administration shall be liable for the imposition of an unreasonably disproportionate restorative sanction.
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\item Before imposing a restorative sanction a warning must be issued to the violator to restore a legal state of affairs, in the form of a \textit{cease and desist}. The warning shall describe the exact measures to be taken and the sanctions to be imposed when failing to perform these measures. The violator shall receive a reasonable amount of time to comply with this warning. A warning may be omitted if the restoration of a legal state of affairs is particularly imperative.
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\end{leden}}
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\article{Imposition procedure}{Upon imposing an administrative sanction, the Administration shall deliver the violator the decision to impose administrative sanctions using a direct message, containing at least the following information:\begin{onderdelen}
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\item a description of the violation performed;
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\item a short summary of evidence of the violation;
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\item the administrative sanctions to be imposed;
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\item a reminder of the violator's right to appeal to this decision, in accordance with article 8().
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\end{onderdelen}}
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\article{Restorative coercion}{\begin{leden}
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\item Restorative coercion shall mean the use of force to wholly or partially restore a legal state of affairs, including the order to the violator or the use of force by the Administration to bring about these restorations.
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\item Coercion shall consist of the following measures:\begin{onderdelen}[label=\textit{\roman*}.]
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\item changes to the physical state of the world, including to blocks and entities;
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\item the seizure of property, to be taken into the custody of the Administration;
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\item the suspension of administrative decisions on a temporary or permanent basis;
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\item the suspension of a violator's free access to a premises or area on the server.
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\end{onderdelen}
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\item The violator shall be liable for any costs incurred for the enforcement of the restorative coercion. The violator shall be held only partially liable if the costs can not reasonably be fully attributed to the violator.
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\item The execution of a decision of restorative coercion may be delegated by the President to any Citizen, provided that that Citizen has the necessary expertise required for that particular decision.
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\item The decision to impose restorative coercion shall describe the exact measures to be taken, an estimation of the costs to be incurred to enforce the coercion and, if applicable, the term which the violator has to execute these measures.
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\end{leden}}
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\article{Coercive fines}{\begin{leden}
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\item Coercive fines shall mean repeating fines imposed on the violator to coerce them to restore a legal state of affairs. The fines imposed shall be proportional to the damages caused by the illegal state of affairs and the aim of the measures to be taken.
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\item Coercive fines shall be collected in CraftyCoins and may not cumulatively exceed a maximum of 5000 \textit{cc}.
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\item Fines must be deposited in a named shulker box to a hopper at a location designated by Administrative decree, or directly to a member of the Administration. Unmarked depositions shall not be recognized as valid payment.
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\item The decision to impose coercive fines shall describe the exact measures to be taken, the term which the violator has to execute these measures, the exact fine to be imposed when failing to execute the measures within this term and any successive coercive fines to be imposed when continuing to fail to execute the requisite measures.
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\end{leden}}
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\chapter{The President}
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\section{General Provisions}
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\article{Appointment}{The position of President shall be held by the President of the Crafty Table as elected by the Crafty Council. If no president is currently elected, the Owner of the Crafty Table shall appoint a president \textit{ad interim}. In the absence of an appointed President, the Owner of the Crafty Table shall hold the powers of the office of the President.}
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\article{Term of Office}{The President's term of office shall be of the following length:\begin{onderdelen}
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\item if the President is elected by the Crafty Council, the term shall be 8 weeks;
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\item if the President is appointed \textit{ad interim}, the term shall be 2 weeks, or until a President is elected by the Crafty Council.\end{onderdelen}}
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\needspace{15\baselineskip}
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\article{Dismissal and resignation}{\begin{leden}
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\item The President may be dismissed:\begin{onderdelen}
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\item by the expiry of their term of office;
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\item upon the election of a new President by the Crafty Council;
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\item by a motion of no-confidence or a motion of disapproval of the Crafty Council; or
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\item by an Executive Order of the Owner.\end{onderdelen}
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\item The President may resign the office by notifying the Crafty Council of their intention to resign.
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\item The Owner of the Crafty Table shall only dismiss a President if necessary for one of the following grounds of dismissal:\begin{onderdelen}
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% First one includes the situation wherein a President is not present during times of emergency. In that case, the President is incapable (because away), and thus can be suspended and another one appointed ad interim until the President has returned and has become capable again.
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\item the President has become incapacitated or is incapable of executing the powers of the office;
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\item further execution of the powers of the office by the President poses a legitimate and considerable threat to democratic order or the rule of law; or
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\item without prejudice to pardons, the President has been convicted of a week or longer expulsion from the Server.\end{onderdelen}
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\item The Owner of the Crafty Table may instead temporarily suspend the President from the office until the grounds for dismissal have been resolved.
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\end{leden}}
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\article{Succession}{Upon the dismissal or resignation of the President, the office of President shall be assumed by, if available, one of the Moderators of the Crafty Table, by order of precedence as determined in article 25. The newly appointed President shall inherit the position of the Elected President of the Crafty Table and assume the remaining term of the previous President.}
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\article{Privileges}{The President shall be granted the following privileges:\begin{onderdelen}
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\item the 'President' rank on Discord and the Website;
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\item to be displayed separately in the Discord sidebar from players that are not members of the Administration;
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\item to reside in and make modifications to the President's official resident in the Overworld;
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\item access to the Presidential palace; and
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\item priority access to the Server when the player cap is reached.
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\end{onderdelen}}
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\section{Powers of the President}
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\article{Administrative Powers}{\begin{leden}
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\item The President shall be provided with the following administrative powers:\begin{onderdelen}
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\item the enactment of Administrative decrees for any purpose legally sanctioned in this article and the Law;
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\item management over the treasury, by collecting taxation and duties legally sanctioned by the Law, and by spending on community projects;
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\item the recognition, establishment and dissolution of towns;
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\item the creation and dissolution of governorates and the appointment of governors;
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\item the imposition of administrative sanctions for administrative violations;
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% () Rephrase
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\item the settlement and management of all public land and administrative claims;
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\item the imposition of sanctions for criminal acts. %;
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\item the collection and distribution of CraftyCoins in accordance with chapter V of title I.
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%\item the enactment of emergency measures during times of emergency.
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\end{onderdelen}
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\item The President shall be provided access to all administrative powers that are necessary for the implementation of any provision following from the Law.
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\item The President may delegate any of their administrative powers to a moderator or governorate.
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\item Governorships may not be granted by the President to the President themself, or anyone personally close to the President, except with the explicit permission of the Crafty Council.
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\item The President may seize any land belonging to a private citizen or public entity if that land is required for a community project. The President shall provide the previous owner of the land with adequate compensation.
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\end{leden}}
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\article{Powers of the Console}{\begin{leden}
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\item The President shall be provided access to the following powers of the Console:\begin{onderdelen}
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\item all commands required to impose legally sanctioned punishments;
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\item the ability to surveil and investigate the state of the world and communication channels for the purpose of a criminal investigation and other legally sanctioned purposes;
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\item the ability to transport using flight and teleportation as necessary for surveillance;
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\item management and control over areas protected by land management plugins and datapacks;
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\item administrative commands to diagnose and reduce lag caused by players and entities;
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\item dimension management with regards to transport using teleport signs and portals;
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\item the ability to alter the world using commands for legally sanctioned purposes;
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\item access to and control over the Crafty Table's social media channels;
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\item control over Discord regarding its members and channels;
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\item all commands necessary to create custom items for the specific and limited purpose of events, and other items with a commemorative nature;
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\item all commands needed for testing new functionality within a restricted non-public setting.
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\end{onderdelen}
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\item The President shall be provided access to all powers of the Console that are necessary for the implementation of any provision following from the Law.
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%\item The President shall be provided special powers of the Console by the Owner of the Crafty Table during times of emergency.
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\item Powers of the Console may only be utilized for their specific purpose and may not be used to gain an advantage in the survival experience, either for the person executing the command or any other person affected by the command.
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\item The President may delegate any of their powers to a moderator at the President's own discretion, provided that the moderator has also been delegated the requisite administrative powers.
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\item Land management may only be utilized for the protection of private and public claims or for any other legally sanctioned alteration to the land.
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\item The President must receive the Owner's permission before creating any custom item or before using special commands for testing new functionality.
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\end{leden}}
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\article{Console powers limitations}{\begin{leden}
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\item Broadcasts and Discord announcements may only be used for the purpose of announcing official server notices. These may not be used for any private communication.
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\item The smiting of players shall be minimized and only applied if legally sanctioned in the Statutes, the player is misbehaving, or upon being requested to be smitten by the targeted player.
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\item Any member of the Administration utilizing smiting on players without just cause shall be jailed for 1 hour.
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\end{leden}}
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\chapter{Moderators}
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\article{Appointment}{Moderators shall be appointed by the President of the Crafty Table. Moderators may be appointed by the Owner of the Crafty Table if no President is elected or appointed and if such is required for the maintenance of public order. Any Moderator appointed by a President \textit{ad interim} or the Owner of the Crafty Table shall not be eligible to the line of succession for the Office of the President and shall automatically be dismissed upon the election of a President of the Crafty Table.}
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\article{Ranking}{The President shall, upon the appointment of a Moderator, rank the Moderator relative to other appointed moderators. This ranking shall determine the relative importance of moderators and the line of succession of article 19.}
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\article{Dismissal and resignation}{\begin{leden}
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\item Moderators may be dismissed:\begin{onderdelen}
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\item by the expiry of the term of office of the President;
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\item upon the election of a new President by the Crafty Council;
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\item by a motion of no-confidence or a motion of disapproval of the Crafty Council;
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\item by Administrative Decree; or
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\item by an Executive Order of the Owner.
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\end{onderdelen}
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\item A Moderator may resign the position by notifying the President of their intention to resign. The President shall notify the Crafty Council of this resignation.
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\item The President may dismiss a Moderator for any reason.
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\item The Owner of the Crafty Table shall only dismiss a Moderator if necessary for one of the following grounds of dismissal:\begin{onderdelen}
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\item further execution of the delegated powers of the President by the Moderator poses a legitimate and considerable threat to democratic order or the rule of law; or
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\item without prejudice to pardons, the Moderator has been convicted of a week or longer expulsion.
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\end{onderdelen}
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\item The President or the Owner of the Crafty Table may instead temporarily suspend a Moderator from their position until further notice.
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\end{leden}}
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\article{Privileges}{Moderators shall be granted the following privileges:\begin{onderdelen}
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\item the 'Moderator' rank on Discord and the Website;
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\item to be displayed separately in the Discord sidebar from players that are not members of the Administration;
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\item access to the staff lounge at the Presidential palace; and
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\item priority access to the Server when the player cap is reached.
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\end{onderdelen}}
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}
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\toparticle{}{Six months after the entry into force of this Act, a review shall be held regarding the subsidiarity and proportionality of the powers of the Administration and any amendments that may be needed to the Statutes. This review shall be performed by a Council-appointed working group which shall report their findings at the first Council meeting following the six month period.}
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\toparticle{}{The Law on Lightning, as enacted Council Ordinance on the 9th of January 2021, shall be retracted.}
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\toparticle{}{This Act shall go into effect at the commencement of the first Council meeting following the publication of this Act.}
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\toparticle{}{This Act shall be cited as the Presidential Powers Act*.}
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\signature{MmRed}{Nekomenace}{Juris\_LLM}
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\end{document} |