[DRAFT][#572 Replacement] Supremacy Of Law Act

[Daarwyrth]

Princess Madelyne Zylkoven, WA Representative of Daarwyrth: "With the appearance of a repeal draft of GAR#572 "Equal Justice Under Law", our delegation has endeavoured to draft what we hope is a worthy replacement of #572 and by extension GAR #374 “The Rule Of Law”, as we firmly believe that the WA should have a resolution that imposes the principle of the rule of law. We have observed the commentary and feedback that was provided on #572, such as the sentiment that according to some it didn't have any true effect, and we have attempted to produce a text that hopefully addresses those critiques. As we are committed to bringing about a final version of this draft that will be agreeable to the honourable delegations of this assembly, we welcome commentary and feedback to bring about its improvement."

Supremacy Of Law Act
Category: Civil Rights | Strength: Strong

---

Following the repeal of GAR#572 "Equal Justice Under Law", and the previously repealed GAR#374 "The Rule Of Law", which both sought to affirm and strengthen the supremacy of the law, as well as every individual's accountability to the law across the member states of this honourable assembly of nations;

This august body yearns to reestablish a proper rule of law that will both stand the test of time, and be effective in the mandates that it will set forth, so as to ensure that arbitrary and discriminatory punishment will never endanger fair and just governance; and

Thus, the General Assembly enacts as follows:

1. The "rule of law" shall be understood as the following principles as applied in good faith:
   
   
   1. That all inhabitants, institutions, and entities on both the national and regional levels of a member nation, including its lawmakers, leaders, law enforcement officials and judges among others, are held accountable to the laws and jurisdiction of that member state;
      
      
   2. That the inhabitants of a member nation are treated equally before the law, are governed by a nonarbitrary form of government, and are not exposed to an arbitrary or discriminatory manner of exercising governmental power; and
      
      
   3. Wherein "discriminatory manner" is understood to be any exercise of government power which subjects a person to unequal treatment on the basis of an arbitrary reductive characteristic, legal rights or abilities notwithstanding;
   
   
2. Every member nation must adhere to the principle of the rule of law, and secure adherence to this principle on all of its national and regional levels of governance, administration, jurisdiction and law enforcement, yet barring the exceptions set forth by extant WA law;
   
   
3. The following must be held accountable and answer to the statutory laws and judicial precedents, and all that which is considered an equivalent of the force of law within the relevant member state, yet barring the exceptions set forth within this resolution and extant WA legislation:
   
   
   1. The member state, any regional, administrative or political subdivisions thereof, and all of its officials;
      
      
   2. Any person or entity within the judicial branch or law enforcement;
      
      
   3. Any private or public institution or entity;
      
      
   4. Any person, either (temporary) inhabitant or citizen;
   
   
4. A member state must have or empower the appropriate organs of investigation which:
   
   
   1. Will be able to investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state in a manner that is impartial and which adheres to the principles of the rule of law;
      
      
   2. Are required to press charges if such an organ is legally entitled to do so, or appeal for charges to be pressed by the appropriate authorities, when such breaches have been properly investigated, unless there exist reasonable grounds for the dismissal of such charges or the appeal for such charges to be pressed which are necessary for the following:
      
      
      1. To prevent an imminent threat to the lives of sapient beings; or
         
         
      2. To provide necessary essential services during an emergency situation; or
         
         
      3. To keep the organ of investigation functioning efficiently and effectively in its duties and responsibilities; yet
         
         
      4. Any such grounds for dismissal may not breach the principles of the rule of law;
      
      
   3. Must be bound by the same level of accountability as mandated by Clause 3 of this resolution;
   
   
5. Any investigation as detailed by Clause 4 that led to charges being pressed against any of the persons or entities bound by Clause 3 must be handled by a court within the relevant member state that is both independent and unaffiliated with the parties involved, and capable of passing a just and fair judgment that adheres to the principles of the rule of law;
   
   
6. Legislative immunity, meaning immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation within a relevant member nation, must be extended to individuals empowered to conduct legislative activity in that member state, as long as adherence to the principles of the rule of law is maintained by doing so;
   
   
7. Acts of clemency such as pardons and commutations may be carried out by officials or institutions empowered by the statutory laws, judicial precedents, or if neither of those grant such all that which is considered an equivalent of the force of law within the relevant member state to do so, yet only if there exist reasonable grounds for such clemency which are necessary in a society that adheres to the principles of the rule or law, or if adherence to the principles of the rule of law would otherwise be threatened. Additionally, any acts of clemency must fit within the confines of extant WA legislation.

[Daarwyrth]

DRAFT 1:

Supremacy Of Law Act
Category: Civil Rights | Strength: Strong

---

Following the repeal of GAR#572 "Equal Justice Under Law", and the previously repealed GAR#374 "The Rule Of Law", which both sought to affirm and strengthen the supremacy of the law, as well as every individual's accountability to the law across the member states of this honourable assembly of nations;

This august body yearns to reestablish a proper rule of law that will both stand the test of time, and be effective in the mandates that it will set forth, so as to ensure that arbitrary and discriminatory punishment will never endanger fair and just governance; and

Thus, the General Assembly enacts as follows:

1. The principle of the "rule of law" shall be understood as all that which ensures:
   
   
   1. That all inhabitants, institutions, and entities on both the national and regional levels of a member nation, including its lawmakers, leaders, law enforcement officials and judges among others, are held accountable to the same laws and jurisdiction of that member state;
      
      
   2. That the inhabitants of a member nation are treated equally before the law, are governed by a nonarbitrary form of government, and are not exposed to an arbitrary or discriminatory manner of exercising governmental power;
   
   
2. Every member nation must adhere to the principle of the rule of law, and secure adherence to this principle on all of its national and regional levels of governance, administration, jurisdiction and law enforcement;
   
   
3. The following must be held accountable and answer to the statutory laws and judicial precedents, and all that which is considered an equivalent of the force of law within the relevant member state, barring the exceptions set forth within this resolution:
   
   
   1. The member state, any regional, administrative or political subdivisions thereof, and all of its officials;
      
      
   2. Any person or entity within the judicial branch, such as but not limited to judges, public prosecutors, and law enforcement officials;
      
      
   3. Any private or public institution or entity;
      
      
   4. Any person, either (temporary) inhabitant or citizen;
   
   
4. A member state must have or empower the appropriate organs of investigation which are independent from any of the persons or entities listed under Clause 3, which will be able to objectively, autonomously, and in the spirit of the principle of the rule of law investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state, and press charges when such breaches have been properly investigated. Yet, any such organ of investigation and its officials must also be bound by Clause 3;
   
   
5. Any investigation as detailed by Clause 4 that led to charges being pressed against any of the persons or entities bound by Clause 3 must be handled by a court within the relevant member state that is both independent and unaffiliated with the parties involved, and capable of passing a just and fair judgment that fits within the spirit of the principle of the rule of law;
   
   
6. Legislative immunity, meaning immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation within a relevant member nation, must be extended to individuals empowered to conduct legislative activity in that member state, as long as the spirit of the principle of the rule of law is preserved;
   
   
7. Acts of clemency such as pardons and commutations may be carried out by officials or institutions empowered by the statutory laws, judicial precedents, or if neither of those grant such all that which is considered an equivalent of the force of law within the relevant member state to do so, yet only if the spirit of the principle of the rule of law can be preserved by carrying out such an act.

DRAFT 2:

Supremacy Of Law Act
Category: Civil Rights | Strength: Strong

---

Following the repeal of GAR#572 "Equal Justice Under Law", and the previously repealed GAR#374 "The Rule Of Law", which both sought to affirm and strengthen the supremacy of the law, as well as every individual's accountability to the law across the member states of this honourable assembly of nations;

This august body yearns to reestablish a proper rule of law that will both stand the test of time, and be effective in the mandates that it will set forth, so as to ensure that arbitrary and discriminatory punishment will never endanger fair and just governance; and

Thus, the General Assembly enacts as follows:

1. The principle of the "rule of law" shall be understood as all that which ensures:
   
   
   1. That all inhabitants, institutions, and entities on both the national and regional levels of a member nation, including its lawmakers, leaders, law enforcement officials and judges among others, are held accountable to the same laws and jurisdiction of that member state;
      
      
   2. That the inhabitants of a member nation are treated equally before the law, are governed by a nonarbitrary form of government, and are not exposed to an arbitrary or discriminatory manner of exercising governmental power;
   
   
2. Every member nation must adhere to the principle of the rule of law, and secure adherence to this principle on all of its national and regional levels of governance, administration, jurisdiction and law enforcement, yet barring the exceptions set forth by extant WA law;
   
   
3. The following must be held accountable and answer to the statutory laws and judicial precedents, and all that which is considered an equivalent of the force of law within the relevant member state, yet barring the exceptions set forth within this resolution and extant WA legislation:
   
   
   1. The member state, any regional, administrative or political subdivisions thereof, and all of its officials;
      
      
   2. Any person or entity within the judicial branch or law enforcement;
      
      
   3. Any private or public institution or entity;
      
      
   4. Any person, either (temporary) inhabitant or citizen;
   
   
4. A member state must have or empower the appropriate organs of investigation which are independent from any of the persons or entities listed under Clause 3, which will be able to objectively, autonomously, and in the spirit of the principle of the rule of law investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state, and press charges when such breaches have been properly investigated, or dismiss them if there exist reasonable grounds necessary to prevent an imminent threat to the lives of sapient beings for such dismissal, but which remain in line with the spirit of the rule of law. Yet, any such organ of investigation and its officials must also be bound by Clause 3;
   
   
5. Any investigation as detailed by Clause 4 that led to charges being pressed against any of the persons or entities bound by Clause 3 must be handled by a court within the relevant member state that is both independent and unaffiliated with the parties involved, and capable of passing a just and fair judgment that fits within the spirit of the principle of the rule of law;
   
   
6. Legislative immunity, meaning immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation within a relevant member nation, must be extended to individuals empowered to conduct legislative activity in that member state, as long as the spirit of the principle of the rule of law is preserved;
   
   
7. Acts of clemency such as pardons and commutations may be carried out by officials or institutions empowered by the statutory laws, judicial precedents, or if neither of those grant such all that which is considered an equivalent of the force of law within the relevant member state to do so, yet only if the spirit of the principle of the rule of law can be preserved by carrying out such an act.

DRAFT 3:

Supremacy Of Law Act
Category: Civil Rights | Strength: Strong

---

Following the repeal of GAR#572 "Equal Justice Under Law", and the previously repealed GAR#374 "The Rule Of Law", which both sought to affirm and strengthen the supremacy of the law, as well as every individual's accountability to the law across the member states of this honourable assembly of nations;

This august body yearns to reestablish a proper rule of law that will both stand the test of time, and be effective in the mandates that it will set forth, so as to ensure that arbitrary and discriminatory punishment will never endanger fair and just governance; and

Thus, the General Assembly enacts as follows:

1. The principle of the "rule of law" shall be understood as all that which ensures:
   
   
   1. That all inhabitants, institutions, and entities on both the national and regional levels of a member nation, including its lawmakers, leaders, law enforcement officials and judges among others, are held accountable to the same laws and jurisdiction of that member state;
      
      
   2. That the inhabitants of a member nation are treated equally before the law, are governed by a nonarbitrary form of government, and are not exposed to an arbitrary or discriminatory manner of exercising governmental power; and
      
      
   3. Wherein "discriminatory manner" is understood to be any exercise of government power which subjects a person to unequal treatment on the basis of an arbitrary reductive characteristic, legal rights or abilities notwithstanding;
   
   
2. Every member nation must adhere to the principle of the rule of law, and secure adherence to this principle on all of its national and regional levels of governance, administration, jurisdiction and law enforcement, yet barring the exceptions set forth by extant WA law;
   
   
3. The following must be held accountable and answer to the statutory laws and judicial precedents, and all that which is considered an equivalent of the force of law within the relevant member state, yet barring the exceptions set forth within this resolution and extant WA legislation:
   
   
   1. The member state, any regional, administrative or political subdivisions thereof, and all of its officials;
      
      
   2. Any person or entity within the judicial branch or law enforcement;
      
      
   3. Any private or public institution or entity;
      
      
   4. Any person, either (temporary) inhabitant or citizen;
   
   
4. A member state must have or empower the appropriate organs of investigation which:
   
   
   1. Will be able to investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state in a manner that is impartial and which upholds the spirit of the principle of the rule of law;
      
      
   2. Are required to press charges if such an agency is legally entitled to do so, or appeal for charges to be pressed by the appropriate authorities when such breaches have been properly investigated, unless there exist reasonable grounds for dismissal of such charges which are necessary to prevent an imminent threat to the lives of sapient beings, but which uphold the spirit of the rule of law.
      
      
   3. Must similarly be bound by Clause 3;
   
   
5. Any investigation as detailed by Clause 4 that led to charges being pressed against any of the persons or entities bound by Clause 3 must be handled by a court within the relevant member state that is both independent and unaffiliated with the parties involved, and capable of passing a just and fair judgment that fits within the spirit of the principle of the rule of law;
   
   
6. Legislative immunity, meaning immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation within a relevant member nation, must be extended to individuals empowered to conduct legislative activity in that member state, as long as the spirit of the principle of the rule of law is preserved;
   
   
7. Acts of clemency such as pardons and commutations may be carried out by officials or institutions empowered by the statutory laws, judicial precedents, or if neither of those grant such all that which is considered an equivalent of the force of law within the relevant member state to do so, yet only if the spirit of the principle of the rule of law can be preserved by carrying out such an act.

DRAFT 4:

Supremacy Of Law Act
Category: Civil Rights | Strength: Strong

---

Following the repeal of GAR#572 "Equal Justice Under Law", and the previously repealed GAR#374 "The Rule Of Law", which both sought to affirm and strengthen the supremacy of the law, as well as every individual's accountability to the law across the member states of this honourable assembly of nations;

This august body yearns to reestablish a proper rule of law that will both stand the test of time, and be effective in the mandates that it will set forth, so as to ensure that arbitrary and discriminatory punishment will never endanger fair and just governance; and

Thus, the General Assembly enacts as follows:

1. The "rule of law" shall be understood as the following principles as applied in good faith:
   
   
   1. That all inhabitants, institutions, and entities on both the national and regional levels of a member nation, including its lawmakers, leaders, law enforcement officials and judges among others, are held accountable to the laws and jurisdiction of that member state;
      
      
   2. That the inhabitants of a member nation are treated equally before the law, are governed by a nonarbitrary form of government, and are not exposed to an arbitrary or discriminatory manner of exercising governmental power; and
      
      
   3. Wherein "discriminatory manner" is understood to be any exercise of government power which subjects a person to unequal treatment on the basis of an arbitrary reductive characteristic, legal rights or abilities notwithstanding;
   
   
2. Every member nation must adhere to the principle of the rule of law, and secure adherence to this principle on all of its national and regional levels of governance, administration, jurisdiction and law enforcement, yet barring the exceptions set forth by extant WA law;
   
   
3. The following must be held accountable and answer to the statutory laws and judicial precedents, and all that which is considered an equivalent of the force of law within the relevant member state, yet barring the exceptions set forth within this resolution and extant WA legislation:
   
   
   1. The member state, any regional, administrative or political subdivisions thereof, and all of its officials;
      
      
   2. Any person or entity within the judicial branch or law enforcement;
      
      
   3. Any private or public institution or entity;
      
      
   4. Any person, either (temporary) inhabitant or citizen;
   
   
4. A member state must have or empower the appropriate organs of investigation which:
   
   
   1. Will be able to investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state in a manner that is impartial and which adheres to the principles of the rule of law;
      
      
   2. Are required to press charges if such an organ is legally entitled to do so, or appeal for charges to be pressed by the appropriate authorities, when such breaches have been properly investigated, unless there exist reasonable grounds for dismissal of such charges which are necessary to prevent an imminent threat to the lives of sapient beings, but which adhere to the principles of the rule of law;
      
      
   3. Must be bound by the same level of accountability as mandated by Clause 3 of this resolution;
   
   
5. Any investigation as detailed by Clause 4 that led to charges being pressed against any of the persons or entities bound by Clause 3 must be handled by a court within the relevant member state that is both independent and unaffiliated with the parties involved, and capable of passing a just and fair judgment that adheres to the principles of the rule of law;
   
   
6. Legislative immunity, meaning immunity from prosecution or litigation for actions conducted in the context of legitimate legislative activity such as the casting of votes or the debating of legislation within a relevant member nation, must be extended to individuals empowered to conduct legislative activity in that member state, as long as adherence to the principles of the rule of law is maintained by doing so;
   
   
7. Acts of clemency such as pardons and commutations may be carried out by officials or institutions empowered by the statutory laws, judicial precedents, or if neither of those grant such all that which is considered an equivalent of the force of law within the relevant member state to do so, yet only if there exist reasonable grounds for such clemency which are necessary in a society that adheres to the principles of the rule or law, or if adherence to the principles of the rule of law would otherwise be threatened. Additionally, any acts of clemency must fit within the confines of extant WA legislation.

[The Ice States]

"Instead of the 'spirit of the principle of the rule of law', would it not be preferrible to refer to the 'spirit of the principle of equality under law'?"

[Daarwyrth]

"Instead of the 'spirit of the principle of the rule of law', would it not be preferrible to refer to the 'spirit of the principle of equality under law'?"

Zylkoven: "We have no qualms about adjusting that phrase if need be. We simply believed it might be worth ensuring that all elements of the principle of the rule of law were upheld. But if more delegations agree with your sentiment, we are amenable to change it."

[Heavens Reach]

Full support, no reservations

[Daarwyrth]

Full support, no reservations

Zylkoven: "Our delegation appreciates the vote of confidence.

Additionally, our delegation is fond of the title "Supremacy Of Law Act" (SOLA), but we are more than amenable to other suggestions for proposal titles."

[Heavens Reach]

Full support, no reservations

Zylkoven: "Our delegation appreciates the vote of confidence.

Additionally, our delegation is fond of the title "Supremacy Of Law Act" (SOLA), but we are more than amenable to other suggestions for proposal titles."

Our feedback is that it sounds like Palpatine proposing a law to the imperial senate

[Daarwyrth]

Zylkoven: "Our delegation appreciates the vote of confidence.

Additionally, our delegation is fond of the title "Supremacy Of Law Act" (SOLA), but we are more than amenable to other suggestions for proposal titles."

Our feedback is that it sounds like Palpatine proposing a law to the imperial senate

OOC: Well, tbh, I'm not devastated by that so I'll take it, haha

[Daarwyrth]

Zylkoven: "Our delegation welcomes any commentary and feedback on the proposal draft."

[Magecastle Embassy Building A5]

"Should it really be mandatory that legislative immunity exist? We would prefer it merely be optional for nations to do so, ie changing 'must' to 'may'."

~Alexander Nicholas Saverchenko-Coletti,
World Assembly Ambassador,
The Empire of The Ice States

[Daarwyrth]

"Should it really be mandatory that legislative immunity exist? We would prefer it merely be optional for nations to do so, ie changing 'must' to 'may'."

~Alexander Nicholas Saverchenko-Coletti,
Senior Staffer of the Ice World Assembly mission,
Temporary World Assembly Ambassador in the absence of Duke Vliet,
The Empire of The Ice States

Zylkoven: "We feel that the optionality of legislative immunity may be harmful, as more autocratic authorities would have free reign to revoke the legislative immunity of their nation's parliamentarians or simply never impose it, and arrest them if they vote in a manner that contradicts the wishes of a totalitarian leader. The mandate that such immunity be given prevents that autocratically minded leaders will be able to act in a manner which undermines the democratic processes of a legislature."

[Comfed]

Is the legislative immunity proposed here a thing outside of the United States?

[Daarwyrth]

Is the legislative immunity proposed here a thing outside of the United States?

OOC: It is, yes. It's practiced in France, Germany, Greece, Spain, Italy, and countries that use the Westminster system like the UK. But even the US has parliamentary immunity to a degree.

[Comfed]

Is the legislative immunity proposed here a thing outside of the United States?

OOC: It is, yes. It's practiced in France, Germany, Greece, Spain, Italy, and countries that use the Westminster system like the UK. But even the US has parliamentary immunity to a degree.

I see. And what are the merits of such an idea?

[Daarwyrth]

OOC: It is, yes. It's practiced in France, Germany, Greece, Spain, Italy, and countries that use the Westminster system like the UK. But even the US has parliamentary immunity to a degree.

I see. And what are the merits of such an idea?

OOC: Suppose a parliamentarian votes in a way that contradicts a more authoritarian-minded leader, then they can have that parliamentarian arrested for it. Or if such a parliamentarian speaks out against the current government. It actually happened in Turkey where parliamentary immunity was lifted and MPs were being arrested. A democratic society should seek to prevent that so that the legislature does not become a simple tool of a totalitarian regime. You can even find scientific papers arguing for the merits of such an idea.

[Tinhampton]

I'm sorry, Daar, but how could you talk about legislative immunity being stripped from people without mentioning Marine Le Pen?

In RE how far legislative immunity can go, I also reproduce Article 95 of Sao Tome and Principe's constitution here:

1. No Deputy may be inconvenienced, pursued, detained, imprisoned, judged or condemned for votes and opinions he may make during the exercise of his duties.

2. Except in the instance of flagrante delicto and for a crime punishable by imprisonment and by consent of the National Assembly or of its Permanent Committee, Deputies may not be pursued or imprisoned for crimes committed outside their duties.

I can support this regardless.

[WayNeacTia]

Is the legislative immunity proposed here a thing outside of the United States?

OOC: It is, yes. It's practiced in France, Germany, Greece, Spain, Italy, and countries that use the Westminster system like the UK. But even the US has parliamentary immunity to a degree.

In Canada, the practice is known as Sovereign Immunity. Technically you cannot sue the government of Canada or any of it's entities unless the government agrees to be sued, as the Crown would be handling a case against itself.

[The Ice States]

I see. And what are the merits of such an idea?

OOC: Suppose a parliamentarian votes in a way that contradicts a more authoritarian-minded leader, then they can have that parliamentarian arrested for it. Or if such a parliamentarian speaks out against the current government. It actually happened in Turkey where parliamentary immunity was lifted and MPs were being arrested. A democratic society should seek to prevent that so that the legislature does not become a simple tool of a totalitarian regime. You can even find scientific papers arguing for the merits of such an idea.

Ooc: Then what is stopping a member nation from declaring, say, voting against a specific bill to not, in fact, be "legitimate"?

[Daarwyrth]

OOC: Suppose a parliamentarian votes in a way that contradicts a more authoritarian-minded leader, then they can have that parliamentarian arrested for it. Or if such a parliamentarian speaks out against the current government. It actually happened in Turkey where parliamentary immunity was lifted and MPs were being arrested. A democratic society should seek to prevent that so that the legislature does not become a simple tool of a totalitarian regime. You can even find scientific papers arguing for the merits of such an idea.

Ooc: Then what is stopping a member nation from declaring, say, voting against a specific bill to not, in fact, be "legitimate"?

OOC: The resolution states what would be construed as a legitimate legislative activity. If a member declares such illegitimate they would be in violation of this proposal. If necessary I can sharpen the wording there, but I think it covers the issue you mentioned already.

[Daarwyrth]

OOC: As the repeal of "Equal Justice Under Law" has been submitted, I'd love to ask for commentary and feedback again on this replacement draft of #572!

[Heavens Reach]

OOC: As the repeal of "Equal Justice Under Law" has been submitted, I'd love to ask for commentary and feedback again on this replacement draft of #572!

We are satisfied with this replacement and are going to approve the repeal now. Expect that we will also approve this once you submit it

[Stareia]

I am New Here.

[Heavens Reach]

I am New Here.

OOC: A good way to get started is to read the stickies at the top of the forum, read though at least a few passed resolutions, and to lurk on some of the threads to get an idea of how things work here.

[Excidium Planetis]

OOC:
I would prefer to bring this up in character, but since the context doesn't apply to my nation (Excidians do not drive), i can't really use it as an example:

At least in the United States, emergency vehicles, such as ambulances or fire trucks, are sometimes allowed to break traffic laws as part of their duties (such as running red lights, making illegal turns, using the center lane, etc).

Under GA#374, immunity to punishment for these crimes would have easily fallen under the exception that they were "necessary to ensure that government employees or institutions may carry out essential functions that would not otherwise be possible". Under GA#572, they could just be disciplined under organizational guidelines, or essentially not at all.

How would this be handled under this resolution? It seems to me that we would need to issue traffic citations to firefighters who were just trying to save lives.

[Daarwyrth]

OOC:
I would prefer to bring this up in character, but since the context doesn't apply to my nation (Excidians do not drive), i can't really use it as an example:

At least in the United States, emergency vehicles, such as ambulances or fire trucks, are sometimes allowed to break traffic laws as part of their duties (such as running red lights, making illegal turns, using the center lane, etc).

Under GA#374, immunity to punishment for these crimes would have easily fallen under the exception that they were "necessary to ensure that government employees or institutions may carry out essential functions that would not otherwise be possible". Under GA#572, they could just be disciplined under organizational guidelines, or essentially not at all.

How would this be handled under this resolution? It seems to me that we would need to issue traffic citations to firefighters who were just trying to save lives.

OOC: I have tweaked the text of Clause 4 a little to reflect what you said, I'll underline the change:

4. A member state must have or empower the appropriate organs of investigation which are independent from any of the persons or entities listed under Clause 3, which will be able to objectively, autonomously, and in the spirit of the principle of the rule of law investigate any instances of a breach of statutory laws, judicial precedents, or all that which is considered an equivalent of the force of law within the relevant member state, and press charges when such breaches have been properly investigated, or dismiss them if there exist reasonable and necessary grounds for such yet which remain in line with the spirit of the rule of law. Yet, any such organ of investigation and its officials must also be bound by Clause 3;

Would this address the concern you had? Because, in this way there is still a strong degree of accountability yet while also making sure that essential services can do their work when the situation demands that they break the law.

Of course, if you have another approach to the issue you'd like to propose I'm more than willing to consider and implement it.