Administrative courts of Nova Roma

Revision as of 12:18, 2 January 2023

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I. Introduction to the Administrative Court

Administrative court proceedings serve to resolve debates and complaints between magistrates and other officers about correct procedure, and lawfulness of an action or decision, and complaints of citizens against magistrates and other officers about correct procedure and lawfulness of their action or decision. Examples include a complaint of citizen against an action or decision of a magistrate or other officer which the citizen deems illegal, mistaken or unjust, or to have been made according to an incorrect or unlawful procedure. The administrative court may not be used to decide administrative debates in which one of the parties is the Comitia, the Senate, the Collegium Pontificum or Collegium Augurum.

II. Classification of cases before the Administrative Court

There are several types of cases tried under an Administrative Court proceeding. These types fall within three case classifications, each tried by different magistrates in the first instance.

A. Magisterial Controversy (Decemviral) Administrative Court cases

These cases are concerned with administrative controversy cases which involve only internal debates, such as those between officers and magistrates. Cases also fall under this classification if an administrative controversy case cannot be identified as belonging under any category of the lex Lucilia iudiciaria, the lex Salvia poenalis, or any other law of Nova Roma.

This form of court case also includes cases of magisterial fault, neglect, or negligence, known as culpa, the term of civil law in ancient Rome. Culpae iuris publici in Nova Roma are defined any irregularities or breaches of the law committed out of inobservance of law, negligence, omission, failure, or due to circumstances or force majeure. Culpae normally lack evil intention, but they are simply the consequence or irresponsibility and carelessness. Unlike crimina cases, cases concerning 'culpae can be conducted against sitting magistrates.

Trials about controversy include proceedings about administrative complaints, requests for overturning decisions, disputes of competence, procedure and lawfulness. These forms of cases do not issue poenae (penalties). [General administrative complaints]

B. Forum Management (Triumviral) Administrative Court cases

In controversies involving the need for forum management decisions and disciplinary measures of the moderators and administrators of all official public forums of Nova Roma, this classification of case applies. This is considered a special sub category of controversy cases as they need to be addressed as quickly as possible, and they are usually minor issues, existing only in the context of the active community of the forums of Nova Roma.

This classification of case always commences with an expedited procedure, without trial, called a summary judgment. If with all litigants present and one of the litigant parties refuses the summary judgment, then these cases are appealed through one of three different courses:

The controversy is involving a citizen making a complaint against an officer’s decision, or between officers contesting each other’s decision or action. These are conducted as general administrative complaints through the next elevated level of jurisdiction for Forum Management cases.

The controversy is between two officers, but they debate about their competence, duties and rights, or about an interpretation of a law. This form of case should be handled within the frames of a Constitutional Court proceeding.

The controversy is between two citizens, magistrates in their capacity as private citizens, even if it is a forum related controversy. These cases are classified as a Judiciary Court case.

C. Civic (Aedilician) Administrative Court cases

Civic cases include the following types:

• Market regulation Administrative Court cases. These include controversies about management decisions and disciplinary measures of the market, of marketing and commercial activities within Nova Roma, market and commerce related disputes between users of the market that do not belong under any paragraph of the lex Salvia poenalis or to one of the cases which are assigned to the praetorian court in other laws.

• Website management Administrative Court cases. Controversies about management decisions regarding the content and the rights and interests of the editors and users of the official websites of Nova Roma, website related disputes between editors and users of these websites that do not belong under any paragraph of the lex Salvia poenalis or to one of the cases which are assigned to the praetorian court in other laws.

• Media management Administrative Court cases. Controversies about management decisions regarding the content and the rights and interests of the editors and users of the official media outlets and services of Nova Roma, disputes between editors and users of these media that do not belong under any paragraph of the lex Salvia poenalis, or to one of the cases which are assigned to the praetorian court in other laws.

• Cultural and festival management Administrative Court cases. Controversies regarding the official autonomous or allied gladiatorial reenactment groups and similar official circensic societies of Nova Roma, management decisions regarding the content and the rights and interests of the organizers and participants of the cultural programs and festivals of Nova Roma, disputes between organizers and participants of these programs that do not belong under any paragraph of the lex Salvia poenalis or to one of the cases which are assigned to the praetorian court in other laws.

III. Magisterial jurisdiction of the different cases

• First Level. For Magisterial Controversy (Decemviral) cases, the Decemviri Stlitibus Iudicandis will serve as judges in the court of first instance. The role of the iudices shall be filled by the decemviri stlitibus iudicandis themselves, their full collegium being the tribunal. They shall agree among each other about who will preside as chairman of the trial, assuming the role of the presiding praetor, and subsequently who is responsible for conducting the trial according to the lex Salvia iudiciaria. They may change the chairman during the course of the trial upon collegial agreement. The formula for the trial is developed based on their collegial decision in place of the praetor. Cases brought before these magistrates may not be rejected.

• Second Level. Appeals against the ruling of the decemviri stlitibus iudicandis, or if an accusation of culpa is raised against one or more decemviri, it shall be brought to a Praetor as the court of second instance.

• Third Level. Appeals against a ruling of the praetor in these cases shall be made to the Comitia Centuriata as the court of third instance. Once a verdict is made by the comitia, it is considered final.

• First Level. For Forum Management (Triumviral) cases, the Tresviri Capitales will serve as judges in the court of first instance. Due to the time sensitive nature of forum controversies, such cases shall be first heard according to an expedited procedure, without trial, called a summary judgment. In other words, the tresviri capitales may only conduct summary judgements.

• Second Level. Appeals against the ruling of the tresviri capitales, or in controversies about the forum management decisions and disciplinary measures made personally by the tresviri capitales regarding actions in any official public forums of Nova Roma are be made to the Aediles as the court of first instance. This also applies to a controversy or complaint that is not about a specific action of a specific moderator, but about other issues not regulated by the lex Salvia poenalis or other relevant laws.

• Third Level. Appeals against the ruling of the aediles on these cases, or in controversies about the forum management decisions and disciplinary measures made personally by the aediles, praetores, consules or any other magistrate or officer regarding their actions in any official public forums of Nova Roma, they are referred to the Decemviri Stlitibus Iudicandis as the court of first instance.

• Alternate Level. The litigant parties may appeal to a Praetor after the initial instance should they believe that a forum moderation controversy case transcends simple forum management and moderation debate and is being interpreted as belonging to one of the offenses and cases defined by the lex Salvia poenalis, or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the sententia of the praetorian court, as in all cases of praetorian sententiae, an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.

• First Level. For Civic (Aedilician) cases, the Aediles will serve as judges in the court of first instance.

• Second Level. Appeals against the ruling of the aediles are be made to the Decemviri Stlitibus Iudicandis as the court of second instance.

• Third Level. Appeals against the ruling of the decemviri stlitibus iudicandis are be made to the Praetor as the court of third instance.

• Alternate Level. The litigant parties may appeal to a Praetor after the initial instance should they believe that a civic controversy case transcends a simple management debate and is being interpreted as belonging to one of the offenses and cases defined by the lex Salvia poenalis, or to one of the cases which are assigned to the praetorian court in other laws. However, the praetor has the right to refuse such appeals based on his or her insight and interpretation of the case. If the praetor does accepted the case, after the sententia of the praetorian court, as in all cases of praetorian sententiae, an appeal may be made to the comitia. Once a verdict is made by the comitia, it shall be considered final.

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