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Case:
D. 1875, III, 18 Case Prince Napoléon
Date:
19 February 1875
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

D. 1875, III, 18
Case Prince Napoléon

19 February 1875

Given that Prince Napoléon-Joseph Bonaparte bases his claim for the annulment of the decision not to reinstate his name in the list of divisional generals published in the Annuaire Militaire on the ground that the rank of divisional general which the Emperor, acting pursuant to his powers under article 6 of the resolution of the senate of 7 November 1852, accorded to him by decree of 9 March 1854 was a rank guaranteed to him by article 1 of the Law of 19 May 1834;

But given that while the Emperor was granted the right to determine the titles and rank of members of his family and to regulate their duties and obligationsby article 6 of the resolution of the senate of 7 November 1852, the same articleprovided that the Emperor had full authority over all the members of his family,so that the positions to which princes of the imperial family were appointedunder article 6 of the resolution of the senate of 7 November 1852 depended atall times on the will of the Emperor and that accordingly the position accordedto Prince Napoléon-Joseph Bonaparte by the decree of 9 March 1854 wasnot a rank to which the entitlement, save in the cases specially laid down andguaranteed by article 1 of the Law of 19 May 1834, was definitive and irrevocableso as to give the officer in question the right to be included in the list byseniority published every year in the Annuaire militaire; that, in the circumstances,Prince Napoléon-Joseph Bonaparte has no basis for his complaint that hisname is no longer included in the Army List….

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