Ruling Do ministers hold any power from the time they have been nominated to the their confirmation?

[Frankender]

Do nominated ministers have full power over their jurisdiction (once nominated) until the confirmation vote has been completed, thereafter the enumerated powers are only valid if confirmed?

E.g. Does a nominated director of the guard have the power to conduct operations?

Furthermore, does this mean if we have no PM (such as in the case of a resignation), does our director of the guard lose all powers and title?

 

[Clorinda]

Ministers currently have full power (of course subject to their PM) until confirmation. If they are not confirmed they lose office.

If the PM resigns, precedent states that the cabinet vacates their offices. However, last term it was made clear that this only applies to directors/ministers and not vice-directors aka their deputies.

Furthermore, does this mean if we have no PM (such as in the case of a resignation), does our director of the guard lose all powers and title?

Yes, currently if the PM resigned the directors would lose their positions.

 

[Domais]

According to the Mandate "(5) Appointed government officials who are subject to confirmation by the Assembly may serve on a provisional basis unless and until their confirmations are rejected by the Assembly."

A Minister is a government official. Therefore, they can serve on a provisional basis which means that everything they do is valid even if they are not confirmed. They just lose their office if they are not confirmed. This also applies to the CLS, the Court, the Delegacy, etc. As they are government officials they may serve on a provisional basis and what they do is legally valid even if they are not confirmed.

 

[Frankender]

Thanks for the insight, guys.

I would like a formal review from the judiciary if possible

 

[Chanku]

For the first question the Court has agreed to the following Opinion, authored by me:

Article VII, Section 5 of the mandate reads as follows

5) Appointed government officials who are subject to confirmation by the Assembly may serve on a provisional basis unless and until their confirmations are rejected by the Assembly

Therefore, so long as the decisions were made prior to the Assembly failing to confirm the Minister, all actions undertaken with their authority are valid. All Appointed Officials under this have the full authority of their office until the assembly decides whether or not to confirm said official Article VII, Section 5 of the Mandate is quite clear in this regard.

For the second question the Court has agreed to the following Opinion, Authored by me:

Section 1, Subsection 2 of the Charter of the Lazarus Regional Guard reads

(2) The Delegate will be the commander-in-chief of the Regional Guard. The Prime Minister must appoint a Cabinet Minister to serve as operational commander of the Regional Guard, subordinate to the Delegate and subject to approval of the Delegate and all provisions for appointment and removal of a minister. Operational command authority may be further delegated to a chain of command subordinate to the Cabinet Minister.

Article IV, Section 7 of the Mandate:

(7) Cabinet Ministers will serve until the end of the Prime Minister's term or until resignation, removal from office by the Assembly or the Prime Minister, or automatic removal from office.

As such, all Ministers, including the Director of the Guard, are dismissed upon the Prime Ministership falling Vacant.

 

[Frankender]

Thank you for the swift response!