Administrative Accountability Amendment
Administrative Accountability Amendment
Passed 19 May 2025 and signed 20 May 2025.
Author: brandmal
Sponsored by: the honorable Senator thymaerys
Preamble
Whereas the Executive shall be bound by law de jure and de facto.
Whereas there should be no tort that forces the State to perfectly align with the law every time.
Whereas there should be a tort that forces the State to perfectly align with the law every time Rights are violated.
It is passed into law.
Article 1
§1. This Act shall take immediate effect.
§2. In Part V - Torts of the Civil Code 2025 a new Article XII: Administrative Misuse of Power shall be added to read:
Article XII: Administrative Misuse of Power
§1. Administrative misuse of power is the use of administrative or executive power in a way contrary to higher law or legal authority. Both actions and inactions may be use for the purpose of this section. The SDIOA is considered as using executive power for the purpose of this section only. Supervisors are further using executive power.
§2. The plaintiff does not have to prove monetary damages in order to invoke this section, as long as they can prove their individualised right was violated and negatively impacted. An individualised right for this purpose shall be such a right, explicit or implicit, as guaranteed by the higher law or legal authority.
§3. Remedies for this section, additional to those provided in this Code, shall be any of the following, where applicable:
- §3.1. The Court ordering the administrative or executive to perform an action when it has previously omitted doing so and when the administrative or executive had no discretion in whether to perform the action in the first place.
- §3.2. The Court ordering the administrative or executive to stop or reserve performing an action, when the administrative or executive had no discretion in whether to perform the action in the first place.
- §3.3. The Court declaring the action performed or not performed illegal.
- §3.4. The Court ordering the administrative or executive to redecide on whether to stop or reverse performing an action or whether to perform an action, while respecting the Courts decision on the illegality of the previous decision, when the administrative or executive had discretion in whether to perform the action in the first place.
- §3.5. The Court granting a fair amount of money to the plaintiff for their distress to be paid by the relevant department or where one cannot be determined by the State, not exceeding the presidential bi-weekly salary and only where necessary to deter the executive or administrative from further engaging in illegal conduct.
§4. This tort shall only apply where only a common law tort or no other torts apply.