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SAN MARINO

LAW QUALIFIED December 16, 2005 186


LAW ON QUALIFIED CAPTAINS



We the Captains Regent of the Most Serene Republic of San Marino

Promulgate and publish the following law passed by qualified
Great and General Council at its meeting on 16 December 2005.



Art. 1
(Election)

1. The Captains Regent are elected by secret ballot by the Great and General Council
majority of those voting advisers. The seat of the Great and General Council in which we proceed
the election is valid with any number of Councillors.
2. Each Captain Regent, before taking office, shall take an oath to the law
.


Art. 2
(Requirements)

1. The Captains Regent are elected by the Great and General Council between original citizens aged
not less than twenty-five.
2. The Captains Regent ceased charging are not re-elected before the expiration of three years
by the end of the previous term.


Art.
3 (Election rules - reference)

1. The Captains Regent are elected according to the procedures set out in Law 24 March 1945 n.15.






2
Art. 4
(Incompatibility)

1. The Captain Regent office is incompatible with any other office, and with the exercise of
any art or profession.


Art. 5
(charge)
Duration
1. The Captains Regent shall assume office on April 1 and October 1 of each year and shall hold
office for six months.
2. In the event of death shall be immediately replaced with the procedures referred to in Article 3
higher in a special session of the Great and General Council. Captain Regent
appointed in place remains in office until the expiration of the current semester.



Art.6 (Promulgation)

1. The enactment of laws by the Regency must be made within fifteen days from the approval
unless the Great and General Council establishes a shorter period.
2. The promulgation is made with Regency Decree. And 'it signed by the Captains Regent and
by Home Secretary. 3
. The enactment of ordinary laws is expressed by the following formula:
"We the Captains Regent of the Most Serene Republic of San Marino
promulgate and send for publishing the following law approved by the Great and General Council at its meeting on
...... ....
(Following date and number of law - title and text of the law)
Our Residence, this day (day - month - year) / Foundation of the Republic ".
4. By the laws of constitutional revision, for constitutional laws and those qualified
it must also be reported the outcome of the final vote.
5. The constitutional laws must be subjected to confirmatory referendum
under Article 3a of the Declaration of the Rights are made public immediately with
special decree of the Regency. If the result of the referendum is positive the Regency,
within fifteen days, he will proceed to the promulgation of the same indicating the outcome of the consultation
referendum.
6. The laws carry the date of their promulgation, an indication of its type and a sequential numbering
per year specific for each type.


Art. 7
(Reference to the Great and General)
Council
1. Within the period specified in the first paragraph of the preceding article, the Captains Regent
may, by reasoned message, to return to the Great and General Council legislation to ask
a new resolution.
2. The message, prepared in writing, must contain the reasons for the postponement.
The reasons must follow the formal or substantive legality of the law with reference to
provisions and fundamental principles of which the Bill of Rights or
this recalled.

3 3. The message is immediately forwarded to the Office of the Great Council Presidency and
General who will enter special paragraph for the review of the law in the first session
useful to the Board. If the Council approves the law again it must be promulgated
.
4. The review of the law and the relevant resolutions shall be limited to the subject of the referral and reliefs
approval of the entire text of the law.



Art.8 (Promulgation of decrees)

1. The decrees adopted by the Congress of State in accordance with Article 3 bis, paragraph 5, of the
Bill of Rights, are issued by the regency under the name of "decrees" and
indicating, the Preamble , the law of the delegation, congressional deliberation

State and any other requirements of the procedure prescribed by the law of the delegation.
2. The promulgation of the delegated decree must be made within the time limit set by the law of
delegation. 3
. The delegated decree is subject to ratification by the regency of the Great and General Council
within three months.



Art.9 (Promulgation emergency decrees)

1. The decrees adopted by the Congress of State in accordance with Article 2, paragraph 2, point b) of
Constitutional Law n.183 / 2005 (Constitutional Law on the State Congress) have promulgated
by Regency under the name the "decree-law" and with an indication, in the preamble, the
extraordinary circumstances of necessity and urgency that the proposed measure, as well
dell'avvenuta deliberation of the State Congress.
2. Before the promulgation of the Captains Regent may, by reasoned message, to return to
Congress of State decree. If the Congress of State confirms its resolution, the decree must be issued
. 3
. The message, prepared in writing, must contain the reasons for the postponement.
4. The message is immediately forwarded to the State Congress. If the State
Congress confirms its previous resolution, the decree must be issued.
5. The Regency is to submit to the decrees ratified by the Great and General Council within three months of their sentence
promulgation their decadence. If the decree was ratified with amendments
, the Regency is required to promulgate the amended decree stating in the preamble to the extremes
of the original decree and the successful resolution of the Council who made the
amendments. If the decree is ratified in the original formulation, the ratification of
Council will consist in a specific resolution to be included in the Official Bulletin.




Art.10 (Formula for the promulgation of decrees and regulations)

1. The promulgation of legislative acts referred to in Articles 8 and 9 shall be signed by
Captains Regent and the Home Secretary.
2. The promulgation is expressed by the following formula:
"We the Captains Regent of the Most Serene Republic of San Marino
4
view the law ......... (for the decrees);
Given the decision of the State Congress, adopted at its meeting on ......
promulgate and send for publishing the following decree
(following the decree text)
Given at Our Residence, this day (day - month - year) / Foundation of the Republic ".


Art. 11
(emanation of decrees)

1. The decrees referred to in the first paragraph of Article 5 of the Constitutional Law n.185 / 2005
(Constitutional Law on the Captains Regent) are issued by the regency under the name
"reggenziale decree" and must indicate in the preamble of the law of reference.
2. The decrees of ratification of international treaties and agreements are issued by the Regency and
must indicate in the preamble to the resolution of the Great and General Council.


Art. 12
(decrees Identification)

1. The decrees referred to above in Articles 8, 9 and 11 carry the date of their adoption or enactment and
with the numbers per year of ordinary laws.



Art.13 (Regulations)

1. The regulations referred to in Article 2, paragraph 2, point h) of the Constitutional Law n.183 / 2005
(Constitutional Law on the State Congress) are promulgated by the Regency with
name "Regulations" and must indicate the successful resolution of the Congress of State.
They are signed by the Captains Regent and the Home Secretary.
2. The regulations carry the date of their enactment and numbered consecutively for
year.


Art.14 (Procedure for the formation of the Government)


1. At the beginning of the parliamentary term, immediately after the session of the settlement of the Great and General Council
or, during a term, after the acknowledgment by the Council of
resignation of the State Congress, the Regency It convenes each political force that has
presented lists to the last elections and that is represented in the Council, for consultation and
for the subsequent transfer of the mandate for the formation of the new Government
.
2. The order shall state the period within which the designated political force has to report to the Regency
about the outcome of the mandate itself. If the outcome of the mandate is positive the Regency
gives the political force previously responsible for the official commission for the formation of the new government
giving it a period within which to report. 3
. If the outcome of the first term is negative, the Regency proceed with further

Consultations of political forces and with the transfer of further mandates with other political forces.
5
4. If the official Order Completion political force to report having
reached an agreement for the formation of the new Government, the Regency assigns to a term appointed
political force for the presentation of the government program and the names of
candidates for appointment as members of the State Congress.
5. Took place the presentation of the referred to in the previous paragraph of the government program, the
Regency brings together the Bureau for the convening of the Great and General Council at the end of the agreement
discussion and approval of the government and the appointment of Congress
State.



Art.15 (Secretariat Office of the Captains Regent)

1. Ordinary laws shall be established the Office of the Secretariat of the Captains Regent
which will be allocated to institutional support functions, legal, administrative, diplomatic and
protocol.



Art.16 (Repeals)

1. the rules are repealed as opposed to the present law.


Art.
17 (Entry into force)

1. This Law shall enter into force upon the entry into force of Law Constitutional
n. 185/2005 (Law on the Captains Regent) and in any case the application of the same
run from ^ XXVI Legislature.


Our Residence, this day of December 29, 2005/1705 dFR



THE CAPTAINS REGENT
Claudio Muccioli - Antonello Bacciocchi




P. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

The Secretary of State
Pier Marino Mularoni