DATELINE: NOVO ASHUKOVO, RHŌMANÍA (RNA)

Emperor Andronikos II Palaiologos presenting a chrysobull to Christ, from the chrysobull for the Metropolis of Monemvasia, 1301 Image: Wikimedia Commons, public domain

The Basileía of the Romans now has a single, consolidated text of its Fundamental Laws. His Orthodox Imperial & Royal Majesty Emmanuel I & II, Basileus and Autokrator of the Romans, adopted the text on 22 October by Imperial Decree ΒΔ10/7535-22-ΟΚΤ, On the adoption of the Fundamental Laws of the Basileía of the Romans. The decree was given at Nea Assoukovia (Novo Ashukovo) and published in the Imperial Gazette the same day.

The decree is brief. It cites “the need for a single, consolidated and authentic text of the Fundamental Laws of the Basileía”. It adopts the annexed text in six Books and provides that the Fundamental Laws “enter into force upon that publication” in the Gazette. The decree is countersigned by Georgios Akropolites as Megas Mesazon, who was appointed by a separate decree, ΒΔ11, issued the same day.

What it replaces

Under the decree, every prior text of the Fundamental Laws is replaced. These texts are to be “preserved in the official archives and the register and marked as superseded, not deleted”.

The text previously displayed on rhomania.cc has accordingly been moved to an archive page, together with an earlier version embedded in the site. Both are marked as having no legal force. The consolidated text is published at rhomania.cc/p/fundamental-laws.html.

Earlier Imperial Decrees, including ΒΔ1 to ΒΔ9, remain in force insofar as they are consistent with the new text. Any decree whose full text has not been published must be published in the Gazette within 180 days or it ceases to have effect. Persons holding office under the prior texts continue in office until replaced.

The Basileús

Book I keeps the Declaration of Independence of 19 May 2012. Book II restates the name of the State, the demonym Roman, and the form of government: “an elective constitutional monarchy, led by the Basileús and Autokrátōr”. The Throne is at Constantinople, the Throne of the Helladic Themes at New Constantinople, and the seat of government at Hagiopolis. Book II also fixes the flag, the arms of State, the Akathist to the Theotokos as national anthem, and Greek, English and Szredian as official languages.

Book III, the Basilikos, describes the Basileús as “sacred and inviolable”. He is elected by public ballot for a five-year term and may be re-elected. Except where the text gives him absolute discretion, he acts on the advice of the Council of Logothetes. Discretionary matters include appointing and dismissing the Megas Mesazon, selecting a Basileús Sebastokrátōr, and the affairs of the Imperial House. The Basileús may be impeached by a two-thirds vote in each chamber.

Megas Mesazon, Logothetes and Chancery

The text creates the office of Megas Mesazon, “who is the head of government”. He advises the Basileús, reports to him on the conduct of the Government, and directs and coordinates the Logothetes, the ministers of the Basileía. Together they form the Council of Logothetes, the Cabinet.

Logothetes are appointed on the Megas Mesazon's nomination, with the prior approval of the Boule of the Demos. Every law, Imperial Decree and Imperial Ordinance must be countersigned by the Megas Mesazon or the competent Logothete, except acts done in the Basileús's absolute discretion.

The Antibasileús, previously head of government, becomes a ceremonial title only. A Regent bears it during an extended Regency, and it confers no power. References in existing law to the Antibasileús as head of government are to be read as references to the Megas Mesazon.

The Imperial Chancery is placed within the Office of the Megas Mesazon. It authenticates and publishes instruments, keeps a public register of laws and decrees, and has custody of the archives, seals and official websites. The Imperial Gazette is named “the sole official journal of record of the Basileía”.

The text also states that The Imperial Tribune is a news-reporting newspaper with no official function. Its reporting of any instrument “confers no authority and has no legal effect”.

Parliament, courts and transition

Book IV establishes two chambers. The Gerousia is the upper house, whose members the Basileús appoints from among the Dukes; it cannot be dissolved. The Boule of the Demos is the lower house, elected by the citizens. Only Roman citizens may sit in the Gerousia. The text contains no separate chapter on citizenship or rights.

Book V vests judicial power in the courts. The Court of the General Judges of the Romans serves as final court of appeal and rules on the interpretation of the Fundamental Laws.

Amendments will require two-thirds of the total membership of each chamber. Under the transitional provisions, the Gerousia is to be appointed within ninety days and the first elections to the Boule held within twelve months. Until then, the Basileús may legislate by decree only as far as needed to constitute the chambers and maintain the ordinary administration, and no amendment may be made. The English text is authoritative until a Greek text is promulgated.