1/ Does the term “may” in paragraph 1 prevent automatic application and enforcement of the paragraph?
2/ Does the term “shall” in paragraph 2 imply automatic application and enforcement of the paragraph?
3/ Does CTEing constitute leaving the region?
4/ Does maintenance of citizenship by returning to the region within the 12 hour window specified in the Citizenship Act have a material impact on the term “leave the Region”?
REVIEW ADVANCED BY- (indicate with "X ")
Ladonatalacton
…Delegate
()
…Magisterium
(X)
…Other Party (please indicate which)
()
Understanding that reforming and rejoining the region within 12 hours should be sufficient to maintain citizenship under the Citizenship Act, these questions ultimately lead to the question of does Libertanny need to be renominated by the Delegate, or are they eligible for reconfirmation?
If the answers to 1, 2 and 3 are “Yes”, and the answer to 4 is “No”, then this would mean that Libertanny surrendered their position as an Arbiter when their nation CTEd and would require renomination.
Otherwise, Libertanny would need to be reconfirmed by the Magisterium once our Provost election concludes.
The Conclave at Large, by unanimous decision, issues the following ruling on “Automatic Loss of Citizenship”:
Article E, § 2 states:
“1. Citizens who leave the Region may have their citizenship removed.
2. Citizens who leave the Region shall also surrender all governmental roles, except in circumstances explicitly provided for by law.”
It seems that paragraph one allows for the removal of Citizenship when the resident Nation of a Citizen has left TEP. The paragraph doesn’t say that such removal applies automatically (“may”). But it doesn’t prevent so either: as the legislative power, the Magisterium could legislate when and how Citizenship is removed under this clause.
The second paragraph details what happens if and when Citizenship is removed (without making any distinction as to how that removal came about). As such, removal will automatically (“shall”) result in the loss of government positions, unless otherwise stipulated by statutory law.
All in all, paragraphs 1 and 2 give a lot of leniency to the Magisterium.
This results in the following conclusions to the questions posed in this review:
No.
Yes.
As to 3 and 4:
Given that it is within the power of the Magisterium to define when a Citizen has left the region as a matter of law, the Citizenship Act fully applies.
The Citizenship act determines that a Citizenship is invalid if there is a “failure to maintain residency with their recorded Resident nation” or a “failure to maintain WA membership in their recorded WA nation”. Therefore, a Nation CTE’ing is not maintaining WA membership nor residency, and as such must be considered to have left the region as a matter of law. Nevertheless, per the Citizenship Act, said Nation can remain Citizen if it returns and “issues a notification of such return within the Thread” within 12 hours.
If it does so, it has not “left” the region as defined by the Citizenship Act and E.§2.2 of the Concordat (losing all government roles) does not apply.
