TRIBUNE P. MEMMIUS ALBUCIUS EDICT (n 58-15) ON THE CONVENING OF THE COMITIA POPULI TRIBUTA


I, Publius Memmius Albucius, Tribune of the Plebs, by the authority 
vested in me by the Constitution and the laws of Nova Roma,


In view of the Constitution of Nova Roma, specially its article 
III.C., IV.7.d2 and IV.A.5,
In view of my vetoed edict 58-14, a.d. XII Kal. Sextiles 2758 a.u.c. 
on a call for provocatio and on the convening of the comitia tributa 
populi,
In view of Lex Salicia de Tribunicia Comitiorum Convocatione, 26 
nov. 2002,
In view of Lex Fabia de Ratione Comitiorum Populi Tributorum, 2 dec. 
2003,
In view of the censorial messages, 20-21 June 2005, giving 
confirmation that patrician citizens are above 10 % of the total 
amount of novaroman citizens, case which allows a Tribune of the 
Plebs to call to order the comitia populi tributa,
In view of the custom law of Nova Roma which authorizes the 
modification of a draft law during the contio in order to introduce, 
in this draft, the constructive amendments made by citizens.

Considering that it is useful to precise the field of the use of 
provocatio,

Edicts :

Article 1

The Comitia populi tributa are called to order.

Article 2 

The schedule of this comitial session is the following one :
- debates (contio) :
    . beginning on July 27, 2005, at 22 :00 Rome time ;
    . ending on July 31, 2005, at 22 : 00 Rome time.
- vote :
    . beginning on August 3, 2005, at 00 :00 Rome time ;
    . ending on August 4, 2005, at 24 :00 Rome time.
    . beginning on August 7, 2005, at 00 : 00 Rome time ;
    . ending on August 9, 2005, at 24 :00 Rome time.

Article 3 

The agenda of this comitial session is the following one :

- Adoption of a law on provocatio (Lex Memmia de provocatione - see 
below the attached file n 1).

Article 4 

The appropriate magistrates of Nova Roma and their departments are 
responsible, as far as each one is concerned by the present edict, 
and in due consideration of the constitution, for executing it. This 
edict will be published in the Tabularium of Nova Roma.

Issued in Cadomago, Gallia,  this twenty fifth day (25th) of July, 
2005 C.E. (a.d. VIII Kal. Sextiles 2758 a.u.c.), during the 
consulate of Fr. Apulus Caesar and Ga. Popillius Laenas 

Attached n 1 :     text of the proposed law

LEX MEMMIA DE PROVOCATIONE

The comitia tributa populi have adopted by XX votes
against YY with WW abstentions the following text.

Tribune P. Memmius Albucius, as presiding magistrate,
promulgates the law in the following terms :

In view of the Constitution of Nova Roma, specially its articles II. 
B. 5 which states that :

 IIB. The following rights of the Citizens who have reached the age 
of 18 shall be guaranteed, but this enumeration shall not be taken 
to exclude other rights that citizens may possess: 
(..)
5. The right of provocatio; to appeal a decision of a magistrate 
that has a direct negative impact upon that citizen to the comitia 
populi tributa ; 

Considering that, contrary to the laws or practices of ancient Rome, 
neither the Constitution nor the laws of Nova Roma define precisely 
the contents of this right and how it may be exercised ;

Considering that this article II. B. 5 does not thus limit, as the 
ancient practice did, the jus provocationis to criminal affairs, or 
to acts taken by consuls using their imperium ;

Considering that, if the right of provocatio must be applied as a 
right guaranteed to citizens by the constitution of Nova Roma, it is 
necessary to precise its scope ;

it is disposed :

Article 1

The right of provocatio defined by the article II. B.5 of the 
Constitution of Nova Roma does not concern, by essence :

- the acts that a magistrate makes without having her-/him- self any 
power of appreciation and are thus not  decisions  in the sense of 
the Constitution ;

- the acts which may create, for a citizen, the lack of an 
opportunity or may deprive her/him of a potential gain, but which 
does not create an immediate damage for this citizen. These acts are 
thus considered not having a direct negative impact upon  the 
concerned person. 

Article 2

The magistrates authorized by the Constitution to convene the 
comitia populi tributa must refuse to call them for order upon a 
appeal of provocatio which would attack an magisterial act entering 
in the frame of the article 1 above.

Article 3

The present law do not prevent the concerned citizen to use every 
other legal means offered by the laws of Nova Roma.

The present law shall be executed as a law of the Republic of Nova 
Roma.

Romae, a. d. XVII Kal. Sept. 2758 a.u.c. (August 16 th 2005)
Fr. Apulus Caesar and Ga. Popillius Laenas consulibus

Magistratus praeses,
P. Memmius Albucius
Tribunus Plebis

26 July MMDCCLVIII

TABVLARIVM

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