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APAIPA National Report France
APAIPA ACTORS OF PROTECTION AND THE APPLICATION OF THE INTERNAL PROTECTION ALTERNATIVE NATIONAL REPORT FRANCE European Refugee Fund of the European Commission 2014 I. ACKNOWLEDGMENTS. ............................................................................................................................ 2 II. GLOSSARY OF ACRONYMS. ..................................................................................................................... 2 III. BACKGROUND: THE NATIONAL ASYLUM SYSTEM. .................................................................................. 2 A. APPLICABLE LAW. .......................................................................................................................................... 2 B. INSTITUTIONAL SETUP. .................................................................................................................................... 3 C. THE PROCEDURE. ........................................................................................................................................... 4 D. REPRESENTATION AND LEGAL AID. ..................................................................................................................... 5 IV. METHODOLOGY: SAMPLE AND INTERVIEWS. .......................................................................................... 6 A. METHODOLOGY USED. .................................................................................................................................... 6 B. DESCRIPTION OF THE SAMPLE. ......................................................................................................................... -
Federal Constitution of Malaysia
LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. -
American Organic Law and Government. Form #11.217
American Organic Law By: Freddy Freeman American Organic Law 1 of 247 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form #11.217, Rev. 12/12/2017 EXHIBIT:___________ Revisions Notes Updates to this release include the following: 1) Added a new section titled “From Colonies to Sovereign States.” 2) Improved the analysis on Declaration of Independence, which now covers the last half of the document. 3) Improved the section titled “Citizens Under the Articles of Confederation” 4) Improved the section titled “Art. I:8:17 – Grant of Power to Exercise Exclusive Legislation.” This new and improved write-up presents proof that the States of the United States Union were created under Article I Section 8 Clause 17 and consist exclusively of territory owned by the United States of America. 5) Improved the section titled “Citizenship in the United States of America Confederacy.” 6) Added the section titled “Constitution versus Statutory citizens of the United States.” 7) Rewrote and renamed the section titled “Erroneous Interpretations of the 14th Amendment Citizens of the United States.” This updated section proves why it is erroneous to interpret the 14th Amendment “citizens of the United States” as being a citizenry which in not domiciled on federal land. 8) Added a new section titled “the States, State Constitutions, and State Governments.” This new section includes a detailed analysis of the 1849 Constitution of the State of California. Much of this analysis applies to all of the State Constitutions. American Organic Law 3 of 247 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form #11.217, Rev. -
Malaysia's Constitution of 1957 with Amendments Through 2007
PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship . -
Nation-Provinces Fiscal Relationship in Argentina in General, Around the World the Distribution of Power and Function Among
Nation-Provinces Fiscal Relationship in Argentina In general, around the world the distribution of power and function among the levels of government is established by the Constitution. In Argentina, article 75 section 2 of the Constitution defines the tax powers of the federal Government and the provinces and establishes that indirect taxes are concurrent among both levels, except for import and export duties which are collected by the federal government (Article 4). Direct taxes are collected by the provinces; however, the federal government is entitled to use the revenues from these taxes for a limited period of time provided that the State’s defense, Security and well being so require. From mid-nineteenth century to 1890, tax revenue sources were clearly defined; the federal government was basically entitled to the revenues from foreign trade, while the provinces collected taxes on the production and consumption of specific goods. Subsequently, between 1890 and 1935, as several federal consumption taxes were created, which overlapped with the provincial ones, a competition for tax revenues ensued. As a result, since each province’s main source of revenue is their own self-generated revenues from tax collections, the provinces cut their spending according to their budget constraints. This meant, given the large economic differences, a significant inequality in the availability of provincial public goods. Article 67, section 8 of the Constitution of 1853 set forth the only transfer mechanism, whereby the Congress agrees on the subsidies to provinces which cannot meet their regular expenses. Currently, these transfers are referred to as Federal Treasury Funds (ATN). This instrument was established to consolidate the provinces’ federal autonomy system and certain fiscal equality, however, the quantitative impact was not very significant. -
Supreme Court of the United States
FILED MAY 2 Z 2019 IN THE SUPREME COURT OF THE UNITED STATES In re Phillip Daniel Love Petitioner, V. UNITED STATES Respondent. ON PETITION FOR WRIT OF HABEAS CORPUS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CONSTITUTIONAL PETITION FOR WRIT OF HABEAS CORPUS Phillip Daniel Love Sui Juris do 78847408 FCC Florence, Arizona 85132 May 22, 2019 QUESTIONS PRESENTED FOR REVIEW Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause within the 50 compact states of the Union? Is there a difference between the statutory interstate commerce definition and the constitutional Interstate Commerce Clause? Does the definition of "interstate commerce" found at 18 U.S.C. §10 include places outside the exclusive legislative jurisdiction of the "United States"? Can the federal government punish felonious crimes under the constitutional Interstate Commerce Clause by and through the Necessary and Proper Clause? Does the definition of "State" in the Federal Rules of Criminal Procedure also include the sovereign 50 compact states of the Union, also called "foreign states" throughout the federal code? Is the word "includes" found in the Federal Rules of Criminal Procedure, Rule 1(b)(9) & Title 18 U.S.C. §10 a term of enlargement? Does the federal government need to provide me with the nature, cause and essential elements constituting the offense charged? Is the United States District Court for the District of Arizona a Article III "district court of the United States" ordained & established under the Constitution. Is Homeland Security Investigations a police power? Is Homeland Security Investigations authorized to execute a warrant and make arrests within the exterior boundaries of the of the Union state Arizona not on land ceded to the "United States"? Is the definition of "act of Congress" in Title 18 U.S.C. -
Statement of Roger Pilon, Ph.D., J.D. B. Kenneth Simon Chair in Constitutional Studies Center for Constitutional Studies Cato In
Statement of Roger Pilon, Ph.D., J.D. B. Kenneth Simon Chair in Constitutional Studies Center for Constitutional Studies Cato Institute before the Committee on Oversight and Reform United States House of Representatives September 19, 2019 RE: H.R. 51: Making DC the 51st State Mr. Chairman and members of the committee: My name is Roger Pilon. I’m vice president for legal affairs emeritus at the Cato Institute where I hold Cato’s B. Kenneth Simon Chair Constitutional Studies. I want to thank you Mr. Chairman for inviting me to testify today; and I want to thank ranking member Jordan in particular for inviting me to offer a discordant note on H.R. 51, proposing an Act providing for the admission into the Union of a new, 51st state called “Washington, D.C.” or “Washington, Douglass Commonwealth.” This new state would be created from the present District of Columbia, leaving in place as the “District of Columbia” a tiny federal enclave constituted by the National Mall and the land and certain buildings immediately adjacent to the Mall. Let me begin on two practical notes. First, given the history of proposals on this subject, this bill has little chance of reaching the president’s desk. Accordingly, in deference to the committee’s time and mine, I’ll keep my comments short and to the point. Second, given that history and the much longer history during which the District of Columbia has existed in its present form for well over 200 years, save for the small Virginia portion retroceded in 1847, there must at this point in time be a strong presumption against the kind of radical changes envisioned by this bill. -
Constitutionally Compromised Democracy: the United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin
Hastings Constitutional Law Quarterly Volume 45 Article 3 Number 4 Summer 2018 1-1-2018 Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions Bradley Raboin Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Bradley Raboin, Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions, 45 Hastings Const. L.Q. 685 (2018). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol45/iss4/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Constitutionally Compromised Democracy: The United States District Clause, Its Historical Significance, and Modern Repercussions by BRADLEY RABOIN* Introduction On September 17, 1787, the United States Constitution was submitted for approval to the Congress of the Confederation and, subsequently, for ratification by the American States.1 This constitution was a political phenomenon: For the first time in history, an entire nation would be given the power-through popular ratification-to decide what form of government would rule over them. 2 At its core, the -
Resolution in Support of DC Statehood
Committee: Directly to Council AGENDA ITEM #3D Committee Review: N/A Date: 02/25/2020 Staff: David A. Lorenzo-Botello, Legislative Correspondent Action Montgomery Purpose: Final action -vote expected County Council Keywords: #DCStatehood SUBJECT Resolution urging the United States Congress to use its constitutionally mandated powers to admit the residential and commercial areas of the District of Columbia, not including the National Capital Service Area - known as the Seat of the Government of the United States, as the 5l5' State of the Union. EXPECTED ATTENDEES None COUNCIL DECISION POINTS & COMMITTEE RECOMMENDATION • Action expected for February 25, 2020. DESCRIPTION/ISSUE The District of Columbia has over 700,000 residents that pay taxes. Yet those residents do not have full representation in the United States Congress or the ability to locally govern. On February 11, 2020, the House Committee on Oversight and Government Reform will vote on H.R. 51, the Washington D.C. Admission Act, which would grant District residents full representation in Congress and the ability to self-govern. This will be the first time that Montgomery County has introduced a resolution supporting D.C. statehood and the first time since 1993 that Members of Congress will vote on this important issue. SUMMARY OF KEY DISCUSSION POINTS • Residents of the District of Columbia pay taxes, yet those residents do not have full representation in the United States Congress or the ability to locally govern. This report contains: D.C. Statehood Resolution ©# Alternative format requests for people with disabilities. If you need assistance accessing this report you may submit alternative format requests to the ADA Compliance Manager. -
Austria FULL Constitution
AUSTRIA THE FEDERAL CONSTITUTIONAL LAW OF 1920 as amended in 1929 as to Law No. 153/2004, December 30, 2004 Table of Contents CHAPTER I General Provisions European Union CHAPTER II Legislation of the Federation CHAPTER III Federal Execution CHAPTER IV Legislation and Execution by the Länder CHAPTER V Control of Accounts and Financial Management CHAPTER VI Constitutional and Administrative Guarantees CHAPTER VII The Office of the People’s Attorney ( Volksanwaltschaft ) CHAPTER VIII Final Provisions CHAPTER I General Provisions European Union A. General Provisions Article 1 Austria is a democratic republic. Its law emanates from the people. Article 2 (1) Austria is a Federal State. (2) The Federal State is constituted from independent Länder : Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna. Article 3 (1) The Federal territory comprises the territories ( Gebiete ) of the Federal Länder . (2) A change of the Federal territory, which is at the same time a change of a Land territory (Landesgebiet ), just as the change of a Land boundary inside the Federal territory, can—apart from peace treaties—take place only from harmonizing constitutional laws of the Federation (Bund ) and the Land , whose territory experiences change. Article 4 (1) The Federal territory forms a unitary currency, economic and customs area. (2) Internal customs borders ( Zwischenzollinien ) or other traffic restrictions may not be established within the Federation. Article 5 (1) The Federal Capital and the seat of the supreme bodies of the Federation is Vienna. (2) For the duration of extraordinary circumstances the Federal President, on the petition of the Federal Government, may move the seat of the supreme bodies of the Federation to another location in the Federal territory. -
Washington, DC Admission
January 4, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E1 EXTENSIONS OF REMARKS INTRODUCTION OF THE in the Senate. In addition, then-President and all 37 new states have been admitted by WASHINGTON, D.C. ADMISSION ACT Barack Obama endorsed D.C. statehood in a an act of Congress. The Constitution’s District public forum before the statehood hearing was Clause sets a maximum size of the federal HON. ELEANOR HOLMES NORTON held. In the 115th Congress, not only was district (100 square miles). It does not set a OF THE DISTRICT OF COLUMBIA there a record number of original cosponsors minimum size. Congress previously has IN THE HOUSE OF REPRESENTATIVES of the bill, with 116 in the House and 18 in the changed the size of the federal district, includ- Senate, but also a record number of cospon- ing reducing it by 30 percent in 1846. Monday, January 4, 2021 sors in the House (181) and Senate (30). I seek statehood for the Americans I am Ms. NORTON. Madam Speaker, I rise today The 116th Congress, however, represented honored to represent. At the same time, D.C. to introduce the Washington, D.C. Admission a turning point in the march to D.C. statehood. statehood is deeply personal for me. My great- Act with 202 cosponsors, a record number of For the first time in American history, a Cham- grandfather Richard Holmes, who escaped as original cosponsors of the District of Columbia ber of Congress voted to make Washington, a slave from a Virginia plantation, made it as statehood bill. -
Washington, D.C. Admission Act
Washington, D.C. Admission Act Nearly 700,000 people call the District of Columbia home; they pay federal taxes and serve in the armed forces, but are denied a voice in the U.S. Senate and a vote in the U.S. House of Representatives. Only since the passage of the District of Columbia Home Rule Act on December 24, 1973, have residents of the District of Columbia had the privilege of electing their own mayor and legislature. However, unlike any other jurisdiction in the county all laws passed by the council and signed by the mayor are subject to a 30-day congressional review period. Because of this unique relationship between the District of Columbia and the United States Congress it’s not uncommon to see Members of Congress — sometimes those who represent states thousands of miles away from Washington, D.C. — take advantage of this oversight to impose their personal political agenda and undermine the District’s locally elected officials and the residents of the District of Columbia. The only way to guarantee residents of the District equal representation in Congress as well as full control of the laws and budgets passed by their locally elected officials is to pass the Washington, D.C. Admission Act (H.R. 51/S. 631) and admit the District of Columbia as the 51st state. Statehood for the District of Columbia is a reproductive justice issue. ● During the federal appropriations process, lawmakers from across the country seize the opportunity to attempt to push politically motivated policies on the residents of the District.