Following further review of the argument made in this post, the Eastern Cardano Council have agreed (7-0) that the 350 million ADA NCL Info action should be assessed based the constitution that was active when the governance action was submitted, which was the previous constitution.
As the previous constitution did not permit the Constitutional Committee to veto Info governance actions based on constitutionality, and the NCL Info action was approved by DReps, we have therefore determined that the NCL is active and can be used when assessing treasury withdrawal governance actions.
Note, this is a reversal of our previous position about whether the NCL is active, which was based on the current constitution. That decision was prior to the argument being made that we should be assessing the NCL Info action with the previous constitution.
Important Follow-up on the NCL Status
We have continued to deliberate the NCL status issue and in doing so have identified additional considerations that have created tension with our previous determination.
Please review a further statement from us on this matter at
forum.cardano.org/t/eastern-โฆ
This newly argued interpretation and the uncertainty it generates, further highlights the importance of properly funding governance resources, coordination infrastructure and process design.