Oberjarl of Tevitheim
| Oberjarl of the United Jarldoms | |
|---|---|
| Oberjarls Forente Jarldømer | |
 Oberjarl Coat of Arms | |
 Standard of the Oberjarl | |
| Style | Herr Oberjarl (male) Fru Oberjarl (female) |
| Type | Head of State |
| Appointer | Jarls of Tevitheim |
| Term length | 9 years, renewable |
| Constituting instrument | Constitution of Los Angeles |
| Formation | 11 July 1959 |
| First holder | Oleg Avbeaker |
| Succession | President of the Jarlaråd |
| Salary | ᵹ2,500,000 |
The Oberjarl of Tevitheim, officially titled the Oberjarl of the United Jarldoms (Tronder: Oberjarls Forente Jarldømer) is the head of state of Tevitheim.
While officially the chief executive of Tevitheim, political convention and social tradition have resulted in a de facto parliamentary system in which the hilfmann (similar to a prime minister in other parliamentary systems) is the head of government. The oberjarl thus has a ceremonial role as a figurehead, but also has some reserved political powers. They can use their unofficial influence and right-of-address in both houses of the Nasjonalforsamling to influence and direct political debate. They may also grant pardons on behalf of the federal government, represent Tevitheim in matters of international law, conclude treaties with foreign states on its behalf, accredit diplomats, and dissolve the Nasjonalforsamling and force new elections. Furthermore, all federal laws must be signed by the oberjarl before they can come into effect; oberjarls may veto a law if they believe it to violate the constitution.
In the role of head of state, the oberjarl's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The oberjarl enjoys a higher ranking at official functions than the hilfmann. The oberjarl's role is integrative and includes the control function of upholding the law and the constitution. It is a matter of political tradition – not legal restrictions – that the oberjarl generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties. This distance from day-to-day politics and daily governmental issues allows the oberjarl to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics.
The current officeholder is Roald Vead, former jarl of New Hammerfest, who was elected on 19 July 2015. He is currently serving his first nine-year-term, which will expire after the next election on 21 July 2024.
Election
The Constitution of Tevitheim only requires that an oberjarl be a natural-born citizen of Tevitheim, at least 32 years of age but no more than 72 in the year of inauguration for their term (though oberjarls older than 72 may finish their current term), a permanent resident of Tevitheim, and be a former jarl or hilfmann from a different jarldom than their immediate predecessor.
The oberjarl of Tevitheim serves for a term of nine years, without limit. A sitting oberjarl (or executive of a jarldom, governor or chief administrator of a territory, or a mayor) who wishes to run for a different office, regardless of the intended jurisdiction or branch of government, must resign from office at least six months before election day.
Compensation and Privileges
As of 2023, the oberjarl receives a yearly salary of ᵹ2,500,000 ($260,146 a year), or ᵹ3,000,000 a year ($312,175 a year) alongside an expense account to cover travel for official business and other goods and services related to the functioning of the executive branch. This means that travel to and from the oberjarl's vacation homes is not covered by the expense account unless it relates to official business.
The Port House in Alna is the official resident and workplace of the oberjarl. The oberjarl is entitled to the use of the Pink House in Adelsønn, the historic (though now mostly ceremonial) residence of the Governor-General of Tevitheim-Anthros . There is also the Redes Hus on the northeastern coast of Halvmånøy which often serves as a summer retreat. Finally, the Casa dal Guvernatur (the historic residence of the governors of Rookeryet before Rookeryet aceded to full jarldom status) is officially a home used by the oberjarl, though it often is used for official events, such as the hosting of foreign dignitaries.
For ground travel, the oberjarl is entitled to the use of a state car, which is usually an armored version of a luxury sedan. A modified luxury transport aircraft is often used as an aircrat for the oberjarl, though longer journeys may require the government to charter a commercial flight or use a modified military cargo aircraft instead. A helicopter, traditionally operated by the local jarldom's air militia, is also used.
After the end of their term in office, oberjarls (and those who served as acting oberjarl for more than one year) are entitled to a half pension of ฿11,500 (฿138,000 a year), equivalent to ₳16,666.67 a month (₳200,000 a year), access to oberjarler vehicles with the permission of the incumbent, access to property of the oberjarl's office with the permission of the incumbent, and are made honorary members of the Alnating, who have no voting rights but are allowed to attend meetings and speak to the Alnating as a whole.
- Oberjarl Amenities
Oberjarl's primary residence, the Port House in Alna
Oberjarl's second home, the Pink House in Adelsønn
Oberjarl's vacation home, the Casa dal Guvernatur outside of Fort Beaker
Oberjarl jet, a NI820
Oberjarl state car, usually a silver-painted armored luxury sedan
Oberjarl helicopter, usually an SO901 (this one operated by the Måkeøyene Air Guard)
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Duties and functions
The oberjarl's most prominent powers and duties include:
- Presenting the hilfmann to the Alnating for its approval
- Appointing and dismissing the hilfmann and their cabinet ministers
- Dissolving the Alnating under certain circumstances
- Declaring the legislative state of emergency under certain circumstances
- Convening the Alnating
- Signing and promulgating laws or vetoing them under certain circumstances
- Appointing and dismissing federal judges, federal civil servants, and commissioned and non-commissioned officers of the Armed Forces
- Exercising the power to pardon individual offenders on behalf of the United Jarldoms
- Awarding honors on behalf of the United Jarldoms
- Representing Tevitheim at home and abroad
Appointment of the Federal Government
After the constitution of every new elected Alnating, which automatically ends the term of the incumbent hilfmann, and in every other case in which the office of hilfmann has fallen vacant (death or resignation), the oberjarl will present an individual as hilfmann and must then, provided the individual is subsequently elected by a majority of the members of the current Alnating (the so-called Hilfmann-majority) on the first ballot, appoint the elected candidate to office. However, the Alnating is also free to disregard the oberjarl's proposal (which has, as of 2022, never happened), in which case the parliament must within 14 days elect another individual, whom the parties in the Alnating now choose themselves, to the post with the same so-called Hilfmann-majority, whom the oberjarl is then obliged to appoint. If the Alnating does not manage to do so, on the 15th day after the first ballot the Alnating must hold one last ballot: if an individual is elected with the Hilfmann-majority, the oberjarl is also obliged to appoint the elected candidate. If no clear consensus was reached, the oberjarl can either appoint as hilfmann the individual who received a plurality of votes on this last ballot or dissolve the Alnating. The oberjarl can dismiss the hilfmann, but only if and when the Alnating passes a vote of no confidence, electing a new hilfmann with the Hilfmann-majority at the same time.
The oberjarl also appoints and dismisses the remaining members of the federal government upon proposal of the hilfmann. This theoretically means that the oberjarl can appoint only those candidates presented by the hilfmann. It is unclear whether the oberjarl could refuse to dismiss or appoint a federal minister proposed, as no oberjarl has ever done so.
In practice, the oberjarl only proposes a person as hilfmann who has previously garnered a majority support in prior coalition talks and traditionally does not interfere in those talks.
The oberjarl also appoints federal judges, federal civil servants, and military officers.
Dissolution of the Alnating
In case the Alnating elects an individual for the office of hilfmann by a plurality of votes, rather than a majority, on the 15th day of the election process, the oberjarl can, at their discretion, either appoint that individual as hilfmann or dissolve the Alnating, triggering a new election. If a vote of confidence is defeated in the Alnating, and the incumbent hilfmann proposes a dissolution, then the oberjarl may, at their discretion, dissolve the body within 21 days. As of 2023, this power has only been applied three times in the history of the United Jarldoms. In all three occurrences, it is doubtful whether the motives for that dissolution were in accordance with the constitution's intentions. Each time the incumbent hilfmann called for the vote of confidence with the stated intention of being defeated, in order to be able to call for new elections before the end of his regular term, as the constitution does not give the Alnating a right to dissolve itself.
Promulgation of the law
All federal laws must be signed by the oberjarl before they can come into effect. The oberjarl may refuse to sign the law, thus effectively vetoing it. In principle, the oberjarl has the full veto authority on any bill, but this, however, is not how past presidents handled their power. Usually, the oberjarl checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which the incumbent oberjarl had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the oberjarl may at their own discretion sign such a "vetoed" bill at any later time, if for example the Constitution has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign a bill is not technically a final veto.
Pardons and honours
According to Article II of the Tevitheimer Constitution, the oberjarl has the power to pardon. This means the oberjarl "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The oberjarl cannot, however, issue an amnesty waiving or commuting sentences for a whole category of offenses. That requires a law enacted by the Alnating in conjunction with the Jarlaråd. Due to the federal structure of Tevitheim the oberjarl is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers".
It is customary that the oberjarl becomes the honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples.
Legislative state of emergency
Article IV makes it possible to enact a law without the approval of the Alnating: if the Alnating rejects a motion of confidence, but a new hilfmann is not elected nor is the Alnating dissolved, the hilfmann can declare a draft law to be "urgent". If the Alnating refuses to approve the draft, the cabinet can ask the oberjarl to declare a "legislative state of emergency" with regard to that specific law proposal.
After the declaration of the oberjarl, the Alnating has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the Jarlaråd for approval. After the consent of the Jarlaråd is secured, the draft law becomes law.
There are some constraints on the "legislative state of emergency". After a oberjarl has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way.
Also, the emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Jarlaråd simply replaces the Alnating as lawgiver. The Alnating remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the hilfmann ends. During the same term and after the six months, the hilfmann cannot use the procedure of Article 81 again.
A "legislative state of emergency" has never been declared. In case of serious disagreement between the hilfmann and the Alnating, the hilfmann resigns or the Alnating faces new elections. The provision of Article IV is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Borens, Article IV provides the executive (government) with the power to "enable decrees in a state of emergency", but for historical reasons (the backsliding under the Tevitheimer Republic) the constitution avoided this expression.
Vacancies and Succession
According to the Tevitheimer constitution, the President of the Jarlaråd becomes the oberjarl in the event of the oberjarl's death, resignation, or removal. There have been three deaths and one removal.
In the event of a double vacancy of both the oberjarl and the president, the Alnating may declare, by law, who shall assume the status of acting president. Per current Tevitheimer law, in the event of a vacancy of both the oberjarl and the president, the order of succession is: the secretary of the Alnating, then, if necessary, the chair of the High Court, and then, if necessary, the the minister of foreign affairs. Unlike a single vacancy, where the president becomes oberjarl, those who ascend to the position of oberjarl in the event of a double vacancy are only acting oberjarls, who hold the powers and duties of the office without assuming the office itself.
Acting oberjarls hold their office according to two criteria: duration of their tenure and status of the oberjarl. If the preoberjarlsident is only temporarily unable to serve (such as a severe illness or injury that will be resolved within 6 months), either the Cabinet or the Alnating has the power to declare the incapacitation temporary and the acting oberjarl will only exercise power until the oberjarl is able to resume their duties of office. In the event that the incapacitation is expected to last longer than 6 months or the office of the oberjarl is vacant due to death, removal, or resignation, then the acting oberjarl will serve until the end of the term unless there is more than 600 days remaining in the term, in which case a new election shall be held with the winner serving a full nine year term.
Removal
The oberjarl may be removed from office using one of four procedures. During removal proceedings, the oberjarl is suspended from exercising the functions of office for up to 180 days. In the first two procedures to remove a oberjarl, at least three fifths of the Alnating must accept charges against the officeholder (impeachment); and if the Alnating accepts the investigation, a trial will be held. In the case of "common criminal offenses", the trial takes place among all the justices of the High Court, with at least three fifths (currently 27 justices) needed to convict and remove the oberjarl. In the case of "crimes of a serious nature", which must fall into one of eight broad areas, defined by law, the Alnating will be the jury and a two thirds vote will be required to convict:
- The existence of the United Jarldoms
- The sovereignty of a constituent jarldom
- The free exercise of the Legislative Power, the Judicial Power, the Public Prosecution and the constitutional Powers of the units of the United Republics
- The exercise of political, individual and social rights
- The internal security of the country
- Probity in the administration
- The budgetary law
- Compliance with the laws and with court decisions
The latter two procedures do not begin in the Alnating. Instead, if three fifths of the constituent jarldoms (currently 12 of 19, as territories have half a vote) declare that the oberjarl committed a crime of a serious nature, the Alnating is instead forced to accept the charges regardless and hold a trial. In addition, the threshold is lowered to 55% of members, rather than two thirds majority. The fourth and final procedure is identical to the previous one, but if the decision of the constituent jarldoms is near-unanimous (currently defined as 16 of 19 jarldoms agreeing) the oberjarl is removed from office immediately.
Regardless of the procedure to reach trial, during any trial for crimes of a serious nature the chief minister exercises executive power. If the trial does not result in a conviction within 180 days, the oberjarl resumes office; a conviction results in removal from office and succession by the president. If there is no president, the most senior officer of the Alnating, usually the secretary, will act as oberjarl until the next election. An emergency election will be held if the next election is more than 2 years away, otherwise the acting oberjarl will serve out the rest of the term.
Only one oberjarl, Olaf Duraksen, has ever been removed from office. Duraksen was removed due to the Constitutional Party vote-buying scandal where it emerged that Duraksen had bribed members of the Constitutional Party's national convention in order to secure votes for a proposed constitutional amendment, with the bribes being paid from federal funds. The scandal resulted in 14 jarldoms declaring that Duraksen had committed a crime of a serious nature, the Alnating was forced to accept charges, and the 55% threshold was reached. As the president, Teo Norens, had resigned due to a stroke and was never replaced, Secretary of the Senate Johann Taylun was sworn in as acting oberjarl for the last 18 months of Duraksen's term.
The Alnating may, after a general election has passed, remove a oberjarl's rights to his pension and other benefits if he was removed from office by either the Alnating or constituent jarldoms.