The International Civil Court
Permanent Organ of the European Court of Arbitral Justice of Ragusa
October 30, 2011
RULES WITH THE EFFECTS OF A MATTER JUDGED
Granting Sovereign State Status
A) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia is legitimately a subject of International Law, independent, dynastic, religious, lay, military, knightly and noble, in all ways identical to a foreign State; and as such, with capacity to be the holder of rights and obligations arising from the international legal ordinance, including the capacity to assert its rights by international claims and, in consequence, is due the legal treatment to which States have a right.
B) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia, as can be understood from section three of article 2 of its Constitution, is legitimately neutral in perpetuity and repudiates war as an instrument affronting the liberty of other peoples and as a means of resolution of international disputes.
C) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia legitimately has its seat in the territory of a neutral State, specifically in the Principality of Andorra, at Calle Obac, 1, 5-3, – AD700 Escaldes-Engordany.
D) – Resolves and declares, that His Serene Highness, Prince Don Rafael Andújar Vilches, born in Melilla, Spain, on 20 December 1946, has legitimately promulgated in Lugano, Switzerland, on 22 August 2012, the following provisions:
CONSTITUTION OF THE
SOVEREIGN CONSTANTINIAN ORDER OF CAPPADOCIA
In the ambit of the Order, secret associations and those which pursue, even indirectly, political objectives through organizations of a military nature are prohibited.
Everyone has the right to declare his thinking freely, by means of speech, writing or any other means of dissemination.
The sources of law of the Sovereign Constantinian Order of Cappadocia are:
The blazon of the Order’s flag is as follows: “White with the Constantinian cross surmounted by a Byzantine imperial crown, charged with a wheel or, bordered azure, and a lion outlined or, tongue gules, crowned in the old style, all bordered or, with eight roses azure. In Latin characters, the motto “Fidelitas”, placed below the cross.”
OFFICIAL LANGUAGES OF THE ORDER
The official languages of the Order are Spanish, French, English and Italian.
THE MEMBERS OF THE ORDER – THE CITIZENS
The Grand Master, in serious or urgent cases, by reasoned Magisterial Legislative Decree, having heard the Governing Council, can suspend the exercise of the citizen’s rights until a firm judgement is given by the Magisterial Court of the Order.
THE GRAND MASTER
The Grand Master legitimately has the sovereign prerogatives linked to Jus MajestatisandJus Honourum, with the power to grant, renew and recognize noble coats of arms, honorary and knightly titles, noble titles, with or without predicate, transmissible and not transmissible, of prince, duke, marquis, count, viscount, baron, lord, gentleman, noble and patrician.
The courtesy titles of Don and Doña, by concession of the Grand Master, correspond to the titles of prince and duke.
The person of the Grand Master is inviolable and is not subject to liability. The assignment and endowment of the Grand Master are determined by law.
The Secretary of State who proposes them will endorse all the actions of the Grand Master.
The Grand Master, before exercising his functions, in a solemn ceremony and in the presence of the highest posts of the Order, will take the following oath before the Grand Chaplain: “I solemnly promise and swear, on this most sacred piece of the Cross and on the Holy Gospels of God, to keep loyally the Constitution of the Sovereign Constantinian Order of Cappadocia and its laws, and to direct conscientiously the activities of the Order. So help me God!”
THE COUNCIL OF STATE
The Council de State, through the relevant law, empowers the Grand Master for the ratification of international treaties.
The Grand Master, before proceeding to promulgation of a law, can require fresh deliberation by the Council of State.
THE GOVERNING COUNCIL
The decrees motu proprioof the grant or withdrawal of honours and noble titles must be endorsed by the First Secretary of State, and need not be converted into law.
THE COURT OF ACCOUNTS
The Court of Accounts supervises and controls the expenses of the global heritage of the Order.
THE MAGISTERIAL CONSTITUTIONAL COURT
The Magisterial Constitutional Court hears disputes relating to the constitutional legitimacy of the laws and accusations formulated against the Grand Master and against the Secretaries of State.
The Magisterial Constitutional Court is formed of six members, appointed, two thirds by the Grand Master, by Magisterial Legislative Decree, and one third by the Senate of State.
The magistrates of the Magisterial Constitutional Court are elected from among the magistrates of magistrates’ courts, university professors and lawyers registered in the Registers of the Order.
The constitutional magistrates remain in their posts for a term of five years.
THE DEPARTMENTS OF THE ORDER
THE MAGISTRACY AND THE
UPPER COUNCIL OF THE MAGISTRACY
THE JUDICIAL ORDER
The Magisterial Courts exercise the jurisdictional function in accordance with the codes and laws of the Sovereign Constantinian Order of Cappadocia.
The Grand Master, on a proposal by the Governing Council and by a Decree Law, appoints the Presidents, Magistrates and Chancellors of the Magisterial Courts.
The Magistrates of the Magisterial Courts, elected among the citizens of the Order especially expert in law, are appointed for an open-ended term and can be dismissed by the Grand Master by Magisterial Legislative Decree, having heard the Governing Council.
The Judicial Order and proceedings before the Magisterial Courts are regulated by the procedural codes of the Order.
REVISION OF THE CONSTITUTION
blazoned below: “Purple with the two-headed eagle of the Eastern and Western Roman Empire, crowned in the Byzantine style, resting its claws on the sceptre and the globe, all or, yoked to the mantle of the imperial prince gules lined ermine and finished by a royal crown.”
E) Resolves and declares, that the Sovereign Constantinian Order of Cappadocia, in accordance with the terms of article 2, section three, of its Constitution, legitimately constitutes an ordinance the purpose of which is the assurance of peace and justice among Nations.
F) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia, as a sovereign ordinance, cannot be the subject of the criminal rules of Italian Law no. 178, of 3 March 1951 and that, consequently, the Order of Merit of the Sovereign Constantinian Order of Cappadocia is an order of merit pertaining to a subject of International Law, in all ways identical to a foreign State.
G) – Resolves and declares,that the activities of a hospital and care nature carried out by the Sovereign Constantinian Order of Cappadocia in the territory of the Italian Republic, in accordance with article 11 of the Italian Constitution and in judgement no. 193 of the Italian Constitutional Court, of 28 June 1985, do not need to be authorized by the Italian Government.
H) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia has the right of active and passive legation, in accordance with the general rules of International Law.
I) – Resolves and declares, that the Sovereign Constantinian Order of Cappadocia, as a subject of International Law, equivalent to a foreign State, has the right: a) To immunity of jurisdiction, that is to say, the sovereign immunity which prevents individuals from summonsing subjects of International Law before national judges; b) To taxation immunity, in relation to assets of a heritage nature which contribute to the undertaking of the natural functions of the activities carried out by the international body; c) To diplomatic immunity, in the forms and terms established by the Vienna Convention of 1961.
L) – Resolves and declares, that the resolutions dictated by the courts of the Sovereign Constantinian Order of Cappadocia have the nature of judicial resolutions of a foreign State.
M) – Resolves and declares, that His Serene Highness, Prince Don Rafael Andújar Vilches, whose personal details have already been set out, and his legitimate successors in the post of Grand Master of that Sovereign Order, take the legal classification of material subjects of International Law when they act, by virtue of internal rules, in the name, for the account and in the interests of the Sovereign Constantinian Order of Cappadocia.
N) – Resolves and declares, extinguished by prescription, in accordance with what is established in article 2934 of the Italian Civil Code, the rights not exercised until 17 October 2002, of the heirs of Marziano Lavarello, who was born in Rome on 17 March 1921 and died in that city on 17 October 1992, over the Imperial Constantinian Order of Cappadocia, over the titles of Prince of Cappadocia, Byzantine Prince of the Eastern Holy Roman Empire, over the imperial arms of that dynastic Order and over the arms of the Prince of Cappadocia.
O) – Decrees, the execution of this judgement, which has the effects proper to judgements dictated by the judicial authorities of the Italian Republic, in accordance with the terms of article 824 bis of the Civil Procedure Act, in the territory of the States party to the New York Convention, of 10 June 1958, valid in Italy in virtue of the terms of Law number 62, of 19 January 1968, in the forms and in the terms envisaged in International Law, and for the account and charge of the interested party.
P) – Orders, to the Upper Institute of Nobility Law of Ragusa, payment of the expenses and fees due in execution of the convention formalised on 1 September 2012, between the Public Prosecutor General of the European Court of Arbitral Justice of Ragusa and H.S.H. Prince Don Rafael Andújar Vilches, in accordance with the terms of section o) of that convention.
Q) – Orders, to the Public Prosecutor General of the European Court of Arbitral Justice of Ragusa to proceed to the publication, under the responsibility of the Upper Institute of Nobility Law and for its account, in the Official Gazette of the Sicilian Region, of an authentic extract of the original of this judgement, now firm, with indication of the corresponding Decree of Firm Judgement issued by the Judge of the Ordinary Court of Modica, in accordance with the terms of article 825 of the Civil Procedure Act.
Given in Modica, on 30 October 2012
1. Lawyer Michele Dell’Agli President
2. Lawyer Gianluca Gulino Judge
3. Lawyer Giovanni Mangione Judge
1. Original of the compromise formalised on 1 September 2012, registered in the Alcamo Delegation of the Taxation Agency – Trapani Office, on 6 September 2012, at number 4741, series 3;
2. Original of the agreement formalised on 7 September 2012, between the Public Prosecutor General of the European Arbitral Court of Justice of Ragusa, represented by the Deputy Public Prosecutor, Doctor Alessandro Rappa, whose personal details have been set out above, and Doctor Rosario Salvatore Migliaccio, in her position as delegate of H.S.H. the Prince Don Rafael Andújar Vilches;
3. Document of acceptance of the arbitral mandate;
4. Grant of delegation for the actions of investigation.
Given in Modica on 30 October 2012.