PREAMBLE
DRAWING INSPIRATION from the cultural, Christian and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
BELIEVING that Europe, reunited after bitter experiences, intends to continue along the path of civilisation, progress and prosperity, for the good of all its inhabitants, including the weakest and most deprived; that it wishes to remain a continent open to culture, learning and social progress; and that it wishes to deepen the democratic and transparent nature of its public life, and to strive for peace, justice and solidarity throughout the world,
CONVINCED that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their former divisions and, united ever more closely, to forge a common destiny,
CONVINCED that, thus ‘United in diversity’, Europe offers them the best chance of pursuing, with due regard for the rights of each individual and in awareness of their responsibilities towards future generations and the Earth, the great venture which makes of it a special area of human hope,
DETERMINED to continue the work accomplished within the framework of the Treaties establishing the European Communities and the Treaty on European Union, by ensuring the continuity of the Community acquis,
THE PEOPLES OF EUROPE, represented by their sovereign Member States, in an act of complete free will and without any coercion, hereby resolve to transfer part of their sovereign competences to the European Federation, which they establish by this Constitution,
GRATEFUL to the members of the European Convention for having prepared the draft of this
Constitution on behalf of the citizens and States of Europe,
HAVE agreed as follows:
CHAPTER I
EUROPEAN FEDERATION AND MEMBER STATES
Article 1
(1) The European Federation is a federal democratic republic composed of sovereign Member States.
(2) All power emanates from the Citizens of the European Federation, and the Member States, who exercise it through elected representatives or directly, under this Constitution.
Article 2
(1) The European Federation is composed of the following sovereign Member States: Ukraine, Sweden, Romania, Italy, Germany, France, Denmark, Bulgaria, Poland, United Kingdom, Spain, Belarus, Serbia, Finland, Switzerland, Malta, Ireland, Moldova, Estonia, Montenegro, Austria, Portugal, Netherlands, Georgia, Norway, Kosovo, Cyprus, Slovenia, Luxembourg, Armenia, Lithuania, Bosnia and Herzegovina, Greece, the Czech Republic, Belgium, Iceland, Albania, Hungary, North Macedonia, Slovakia, Croatia and Latvia.
(2) The territory of the European Federation is a single unified whole and consists of the territories of the Member States.
(3) The territory of the Member State may not be altered without the consent of that Member State.
(4) The frontiers of the European Federation may not be altered without the consent of all Member States.
(5) Boundaries between the Member States may only be altered on the basis of mutual agreement.
Article 3
The European Federation is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Article 4
(1) The European Federation’s aim is to promote peace, its values and the well-being of its peoples.
(2) The European Federation shall offer its citizens an area of freedom, security and justice without internal frontiers, and an internal market where competition is free and undistorted.
(3) The European Federation shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced.
(4) In its relations with the wider world, the European Federation shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
(5) The European Federation shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Constitution.
Article 5
(1) The European Federation territory is a uniform currency, economic and customs area.
(2) Internal customs barriers or other traffic restrictions may not be established within European Federation territory.
Article 6
The European Federation capital and seat of the highest European Federation authorities is the City of Brussels.
Article 7
(1) The flag of the European Federation shall be a circle of twelve golden stars on a blue background.
(2) The anthem of the European Federation shall be based on the ‘Ode to Joy’ from the Ninth Symphony by Ludwig van Beethoven. Esperanto lyrics by Umberto Broccatelli:
„Kantu kune amikaro,
Ni la ĝojon festas nun,
Nek rivero, nek montaro
Plu landlimoj estas nun.
Ho Eŭropo, hejmo nia,
Tro daŭradis la divid‘;
Nun brilegu belo via,
Ĉiu estas via id‘.
Via flago kunfratigas
Homojn post milita temp‘,
Via leĝo nun kunigas
Civitanojn en konsent‘.
De l’ Malnova Kontinento
Ĵus ekstaris la popol’,
Gvidas ĝin tre nova sento
Kaj kuniga forta vol’.
Sub la ŝildo de la juro
ni vivados en konkord’.
Tio estas nia ĵuro:
unu land’ kaj unu sort’.
Jen ekzemplo por la mondo:
jen direkto, jen la voj’:
tuthomara granda rondo
en la paco, en la ĝoj’!”
(3) The motto of the European Federation shall be: ‘Unuiĝinta en la diverseco’.
(4) The currency of the European Federation shall be the euro.
(5) Europe day shall be celebrated on 9 May throughout the European Federation, which is a day off from work.
(6) Details of the flag and the anthem shall be laid down by European law.
Article 8
(1) Esperanto is, without prejudice to the linguistic and cultural diversity of the Member States, the official language of the European Federation.
(2) Member States shall determine their official languages.To ensure harmonious coexistence between linguistic communities, they point out the traditional linguistic structure of the region and take into account the indigenous linguistic minorities.
(3) It shall be the duty of the European Federation to promote the spread of the Esperanto language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of European Federation.
(4) Education in the field of Esperanto shall constitute a shared competence between the Federation and the Member States. The Federation shall establish minimum standards and curricula for the teaching of the Esperanto language, which shall be binding in all educational institutions throughout the European Federation.
(5) Member States shall be obliged to introduce the teaching of Esperanto as a compulsory subject in all public and private primary and secondary schools. Detailed rules and teaching methods may be established by the Member States, provided they comply with federal standards.
(6) The Federation shall provide financial resources to support the teaching of Esperanto, including teacher training and the creation of educational materials.
Article 9
(1) For the European Federation there prevails a uniform nationality.
(2) Every national of a Member State is also a citizen of the European Federation.
(3) A citizen of one Member State shall have, in the territory of another Member State, the same rights and obligations as a its nationals.
Article 10
(1) Ratification of an international agreement by the European Federation, as well as renunciation thereof, shall require prior consent granted by statute – if such agreement concerns:
1. peace, alliances, political or military treaties;
2. freedoms, rights or obligations of citizens, as specified in the Constitution;
3. the European Federation’s membership in an international organization;
4. considerable financial responsibilities imposed on the European Federation;
5. matters regulated by european law or those in respect of which the Constitution requires the form of a european law.
(2) The President of the European Executive Council shall inform the Council of Deputies and Senat of any intention to submit, for ratification by the President of the European Federation, any international agreements whose ratification does not require consent granted by european law.
(3) The principles of and procedures for the conclusion and renunciation of international agreements shall be specified by european law.
Article 11
(1) The European Federation may, by virtue of international agreements, delegate to an international organization or international institution the competence of organs of European Federation authority in relation to certain matters.
(2) A european law, granting consent for ratification of an international agreement referred to in para.1, shall be passed by the Council of Deputies by a two-thirds majority vote in the presence of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States which together hold at least 2/3 of votes in the Senat.
Article 12
(1) After promulgation thereof in the Journal of Laws of the European Federation a ratified international agreement shall constitute part of the domestic legal order and shall be applied directly, unless its application depends on the enactment of a European law.
(2) An international agreement ratified upon prior consent granted by European law shall have precedence over European laws if such an agreement cannot be reconciled with the provisions of such European laws.
(3) If an agreement, ratified by the European Federation, establishing an international organization so provides, the laws established by it shall be applied directly and have precedence in the event of a conflict of European laws.
Article 13
All merchant vessels of the Member States shall constitute a unitary merchant fleet.
Article 14
(1) The constitutional order of the Member States must guarantee the democratic representation of citizens, respect for fundamental rights, and the functioning of independent public institutions. The detailed constitutional arrangements remain the responsibility of the Member States.
(2) The European Federation shall guarantee that the constitutional order of the Member States conforms to the Charter of Fundamental Rights and to the provisions of paragraphs 1.
Article 15
(1) The European Federation shall ensure freedom for the creation and functioning of political parties at European level. Political parties shall be founded on the principle of voluntariness and upon the equality of European Federation citizens, and their purpose shall be to influence the formulation of the policy of the European Federation by democratic means and contribute to forming European political awareness.
(2) European laws shall lay down the regulations governing the political parties at European level referred to in paragraph 1, and in particular the rules regarding their funding. The financing of political parties shall be open to public inspection.
(3) Political parties and other organizations whose programmes are based upon totalitarian methods and the modes of activity of nazism, fascism and communism, as well as those whose programmes or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership, shall be prohibited.
Article 16
(1) The Member States are sovereign except to the extent that their sovereignty is limited by themselves in this Constitution of the European Federation.
(2) Except as otherwise provided or permitted by this Constitution, the exercise of state powers and the discharge of state functions is a matter for the Member States.
(3) In accordance with the principle of loyal cooperation, the European Federation and the Member States shall respect and assist each other in the performance of their tasks under this Constitution. The Member States shall take all appropriate measures, general or particular, to ensure the fulfilment of the obligations arising out of the Constitution or the acts of the institutions of the European Federation. The Member States shall facilitate the performance by the European Federation of its tasks and shall refrain from any measure which could jeopardize the attainment of the objectives of the European Federation.
(4) The European Federation shall respect the equality of Member States before this Constitution as well as their national identities, inherent in their fundamental structures, political and constitutional, including regional and local self-government. It shall respect the essential functions of a Member State, in particular those aimed at ensuring its territorial integrity, maintaining public order and safeguarding national security.
Article 17
The Constitution and law adopted by the institutions of the European Federation in exercising competences conferred on it shall have primacy over the law of the Member States.
Article 18
(1) Foreign relations are the responsibility of the European Federation. It shall respect the powers of the Member States and protect their interests.
(2) The Member States shall be consulted on foreign policy decisions that affect their powers
or their essential interests. The European Federation shall inform the Member States fully and in good time and shall consult with them.
(3) The views of the Member States are of particular importance if their powers are affected. In such cases, the Member States shall participate in international negotiations in an appropriate manner.
(4) A Member State may conclude treaties with foreign states on matters that lie within the scope of its powers. Such treaties must not conflict with the law or the interests of the European Federation, or with the law of any other Member States. A Member State may deal directly with lower ranking foreign authorities. In other cases, the European Federation shall conduct relations with foreign states on behalf of a Member State.
(5) The Prime Minister of Member State must inform the European Executive Council before the initiation of negotiations about such a treaty. The European Executive Council’s approval must be obtained by the Prime Minister of Member State before their conclusion. The approval is deemed to have been given if the European Executive Council has not within 60 days from the day that the request for approval has reached the European Executive Council told the Prime Minister of Member State that approval is withheld. The authorization to initiate negotiations and to conclude the treaty is incumbent on the President of the European Federation after the recommendation of the Member State Government and with the countersignature of the Prime Minister of Member State.
(6) Treaties concluded by a Member State in accordance with para. 4 above shall be revoked upon request by the European Executive Council. If a Member State does not duly comply with this obligation, competence in the matter passes to the European Federation.
(7) The Member States are bound to take measures which within their autonomous sphere of competence become necessary for the implementation of international treaties; should a Member State fail to comply punctually with this obligation, competence for such measures, in particular too for the issue of the necessary laws, passes to the European Federation. A measure taken by the European Federation pursuant to this provision, in particular the issue of such a law or the issue of such an ordinance, becomes invalid as soon as the Member State has taken the requisite action.
(8) In the same way the European Federation is in the case of implementation of international treaties entitled to supervision also in such matters as belong to the Member States’s own sphere of competence. The powers vested in the European Federation as against the Member States are in this instance the same as in matters pertaining to indirect european administration.
Article 19
(1) The Member States may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together. The European Federation may participate in such organisations or institutions within the scope of its powers.
(2) Agreements between Member States must not be contrary to the law, to the interests of
the European Federation or to the rights of other Member States. The European Executive Council must be notified of such agreements within 21 days from the date of adoption.
Article 20
(1) Authentic acts, public documents and judicial decisions issued in one Member State are subject to mutual recognition in the other Member States. European laws may define minimum standards and the legal effects of such recognition.
(2) Nationals of Member States shall enjoy in the territory of other Member States the rights and freedoms deriving from European citizenship, on the basis of equal treatment.
(3) A person who is being prosecuted in one Member State for an offence constituting an extraditable offence and who is arrested in the territory of another Member State shall be extradited in accordance with the law of the European Federation and with respect for fundamental rights.
Article 21
(1) Civil servants employed by the highest European Federation authorities shall be drawn from all Member States in appropriate proportion. Persons employed by other European Federation authorities shall, as a rule, be drawn from the Member State in which they serve.
(2) Laws regarding military service shall also take into account both the division of the European Federation into Member States and the regional loyalties of their people.
Article 22
(1) Upon a reasoned proposal by 1/3 of the Member States, the Council of Deputies or the European Executive Council, the Senate, acting by a majority of at least 2/3 of the Member States which together hold at least 2/3 of the votes in the Senate, after obtaining the consent of the Council of Deputies by a majority of at least 3/5, with at least half of the statutory number of Members present, may determine that a Member State is failing to fulfil its obligations towards the European Federation under this Constitution or another European law. Before making such a determination, the Senate shall hear the Member State in question and, acting in accordance with the same procedure, may address recommendations to it. The Senate and the European Executive Council shall regularly examine whether the reasons for such determination remain valid.
(2) The Senate, acting by a majority of at least 2/3 of the Member States which together hold at least 2/3 of the votes in the Senate, on a proposal from 1/3 of the Member States or from the European Executive Council and after obtaining the consent of the Council of Deputies by a majority of at least 3/5 with at least half of the statutory number of Members present, may, after inviting the Member State to submit its observations, determine the existence of a serious and persistent breach by that Member State of the rights referred to in paragraph 1.
(3) After making a determination under paragraph 2, the Senate, acting by a majority of at least 2/3 of the Member States which together hold at least 2/3 of the votes in the Senate, after obtaining the consent of the Council of Deputies by a majority of at least 3/5, with at least half of the statutory number of Members present, may decide to apply the constitutional order protection mechanism to that Member State. In doing so, the Senate and the Council of Deputies shall take into account the possible consequences of such action on the rights and obligations of natural and legal persons. The obligations incumbent on that Member State under the Constitution shall in any case remain binding on that State.
(4) For the purpose of implementing such the constitutional order protection mechanism measures, the European Executive Council or its representative shall have the right to issue instructions to all Member States and their authorities.
(5) The permissible means of application under the constitutional order protection mechanism are:
1. the nomissal appointment of the offices of a Member State by agents of the European Executive Council who may exercise the entire State authority of a Member State, except in the area of judiciary,
2. taking over the execution of individual acts of the state authority of a Member State, including legislation, by the European Executive Council or its proxies,
3. blocking the financial resources of a Member State,
4. blocking the payment of funds to a Member State,
5. refusal to fulfill the European Federation’s obligations towards a Member State,
6. the use of the forces of the European Border Guard and police forces of other Member States.
(6) Unacceptable to use all the means of irreversible character. The European Federation can not make:
1. the liquidation of a Member State,
2. dismissal of the government of the Member State from office,
3. the dissolve the parliament of the Member State,
4. entering the sphere of judiciary,
5. the use of the European Armed Forces,
6. the controlling the manner in which a Member State casts votes in the Senat.
(7) The Senate may then, acting by a qualified majority and after obtaining the consent of the Council of Deputies by a majority of at least 3/5 of the votes cast in the presence of at least half of the statutory number of Members, decide to amend or repeal the measures taken pursuant to paragraph 3, in the event of a change in the situation that led to their adoption. Before taking such a decision, the Senate and the Council of Deputies shall consult the European Executive Council.
(8) A Member State to which the procedure provided for in this Article applies shall not take part in the vote in the Senate on matters concerning that Member State and the Member State in question shall not be counted in the calculation of the 1/3, 2/3 and qualified majority of Member States provided for in paragraphs 1, 2, 3 and 7 of this Article.
(9) The detailed rules and procedures shall be laid down in a european constitutional law.
Article 23
(1) The European Federation shall be open to all European States which respect the values referred to in Article 3, and are committed to promoting them together.
(2) Any European State which wishes to become a member of the European Federation shall address its application to the Senat. The Council of Deputies and national Parliaments shall be notified of this application. The Senat shall act unanimously after consulting the European Executive Council and after obtaining the consent of the Council of Deputies, which shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies. The conditions and arrangements for admission shall be the subject of an agreement between the Member States and the candidate State. That agreement shall be subject to ratification by each contracting State, in accordance with its respective constitutional requirements.
Article 24
(1) Any Member State may decide to withdraw from the European Federation in accordance with its own constitutional requirements. The decision of a of the Member State of the European Federation requires confirmation in a popular referendum occurring. Referendum ordered on a date not earlier than 180 days and not later than 360 days from the date of the Senat wish to withdraw from the European Federation, specifying the date of the vote on a day off from work. Voting is carried out on the issue of whether the state should be present in the remains as before. If the referendum was attended by more than half of the right to vote, the referendum is binding. If a majority of voters oppose withdraw from the European Federation will vote or not important because of the low turnout, another referendum may be held earlier than five years after the first.
(2) A Member State which decides to withdraw shall notify the Senat of its intention. In the light of the guidelines provided by the Senat, the European Federation shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the European Federation. That agreement shall be negotiated in accordance with Article 10. It shall be concluded by the Senat, acting by a majority of at least 2/3 of the Member States which together hold at least 2/3 of votes in the Senat, after obtaining the consent of the Council of Deputies by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies.
(3) The Constitution shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the Senat, in agreement with the Member State concerned, unanimously decides to extend this period.
(4) For the purposes of paragraphs 2 and 3, the member of the Senat representing the withdrawing Member State shall not participate in the discussions of the Senat or in European decisions concerning it.
(5) If a State which has withdrawn from the European Federation asks to rejoin, its request shall be subject to the procedure referred to in Article 23.
CHAPTER II
THE CHARTER OF FUNDAMENTAL RIGHTS
Article 25
Human dignity is inviolable. It must be respected and protected.
Article 26
(1) Everyone has the right to life.
(2) No one shall be condemned to the death penalty, or executed.
Article 27
(1) Everyone has the right to respect for his or her physical and mental integrity.
(2) In the fields of medicine and biology, the following must be respected in particular:
1. the free and informed consent of the person concerned, according to the procedures laid down by law;
2. the prohibition of eugenic practices, in particular those aiming at the selection of persons;
3. the prohibition on making the human body and its parts as such a source of financial gain;
4. the prohibition of the reproductive cloning of human beings.
Article 28
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 29
(1) No one shall be held in slavery or servitude.
(2) No one shall be required to perform forced or compulsory labour.
(3) Trafficking in human beings is prohibited.
Article 30
Everyone has the right to liberty and security of person.
Article 31
Everyone has the right to respect for his or her private and family life, home and communications.
Article 32
(1) Everyone has the right to the protection of personal data concerning him or her.
(2) Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
(3) Compliance with these rules shall be subject to control by an independent authority.
Article 33
The right to marry and the right to found a family shall be guaranteed in accordance with the
Member States laws governing the exercise of these rights.
Article 34
(1) Everyone has the right to freedom of thought, conscience and religion. This right includes
freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
(2) The right to conscientious objection is recognised, in accordance with the Member States laws governing the exercise of this right.
Article 35
(1) Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
(2) The freedom and pluralism of the media shall be respected.
Article 36
(1) Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
(2) Political parties at European Federation level contribute to expressing the political will of the citizens of the European Federation.
Article 37
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
Article 38
(1) Everyone has the right to education and to have access to vocational and continuing training.
(2) This right includes the possibility to receive free compulsory education.
(3) The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the Member States laws governing the exercise of such freedom and right.
Article 39
(1) Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
(2) Every citizen of the European Federation has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
(3) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the European Federation.
Article 40
The freedom to conduct a business in accordance with European Federation law and Member States laws and practices is recognised.
Article 41
(1) Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law insofar as is necessary for the general interest.
(2) Intellectual property shall be protected.
Article 42
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Constitution.
Article 43
(1) Collective expulsions are prohibited.
(2) No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
Article 44
Everyone is equal before the law.
Article 45
(1) Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
(2) Within the scope of application of the Constitution and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be prohibited.
Article 46
The European Federation shall respect cultural, religious and linguistic diversity.
Article 47
Equality between women and men must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.
Article 48
(1) Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
(2) In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
(3) Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
Article 49
The European Federation recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.
Article 50
The European Federation recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Article 51
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by European Federation law and Member States laws and practices.
Article 52
Workers and employers, or their respective organisations, have, in accordance with European Federation law and Member States laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
Article 53
Everyone has the right of access to a free placement service.
Article 54
Every worker has the right to protection against unjustified dismissal, in accordance with European Federation law and Member States laws and practices.
Article 55
(1) Every worker has the right to working conditions which respect his or her health, safety and dignity.
(2) Every worker has the right to limitation of maximum working hours, to daily and weekly
rest periods and to an annual period of paid leave.
Article 56
The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations. Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical,
mental, moral or social development or to interfere with their education.
Article 57
(1) The family shall enjoy legal, economic and social protection.
(2) To reconcile family and professional life, everyone shall have the right to protection from
dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
Article 58
(1) The European Federation recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by European Federation law and Member States laws and practices.
(2) Everyone residing and moving legally within the European Federation is entitled to social security benefits and social advantages in accordance with European Federation law and Member States laws and practices.
(3) In order to combat social exclusion and poverty, the European Federation recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by European Federation law and Member States laws and practices.
Article 59
Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by Member States laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all European Federation policies and activities.
Article 60
The European Federation recognises and respects access to services of general economic interest as provided for in Member States laws and practices, in accordance with the Constitution, in order to promote the social and territorial cohesion of the European Federation.
Article 61
A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the European Federation and ensured in accordance with the principle of sustainable development.
Article 62
European Federation policies shall ensure a high level of consumer protection.
Article 63
(1) Every citizen of the European Federation has the right to vote and to stand as a candidate at elections to the Council of Deputies in the Member State in which he or she resides, under the same conditions as nationals of that State.
(2) Members of the Council of Deputies shall be elected by direct universal suffrage in a free and secret ballot.
Article 64
Every citizen of the European Federation has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.
Article 65
(1) Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the European Federation.
(2) This right includes:
1. the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
2. the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
3. the obligation of the administration to give reasons for its decisions.
(3) Every person has the right to have the European Federation make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
(4) Every person may write to the institutions of the European Federation in one of the languages of the Member States and must have an answer in the same language.
Article 66
Any citizen of the European Federation, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the European Federation, whatever their medium.
Article 67
Any citizen of the European Federation and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the European Federation, with the exception of the Court of Justice of the European Federation acting in its judicial role.
Article 68
Any citizen of the European Federation and any natural or legal person residing or having its registered office in a Member State has the right to petition the Council of Deputies.
Article 69
(1) Every citizen of the European Federation has the right to move and reside freely within the territory of the European Federation.
(2) Freedom of movement and residence may be granted, in accordance with the Constitution, to nationals of third countries legally resident in the territory of a European Federation.
Article 70
Every citizen of the European Federation shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.
Article 71
Everyone whose rights and freedoms guaranteed by the law of the European Federation are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice.
Article 72
(1) Everyone who has been charged shall be presumed innocent until proved guilty according to law.
(2) Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Article 73
(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under Member State law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
(2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
(3) The severity of penalties must not be disproportionate to the criminal offence.
Article 74
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the European Federation in accordance with the law.
Article 75
(1) The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the European Federation with due regard for the principle of subsidiarity and to the Member States only when they are implementing European Federation law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the European Federation as conferred on it in the other Parts of the Constitution.
(2) This Charter does not extend the field of application of European Federation law beyond the powers of the European Federation or establish any new power or task for the European Federation, or modify powers and tasks defined in the other Parts of the Constitution.
Article 76
(1) Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the European Federation or the need to protect the rights and freedoms of others.
(2) Rights recognised by this Charter for which provision is made in other Parts of the Constitution shall be exercised under the conditions and within the limits defined by these relevant Parts.
(3) Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent European Federation law providing more extensive protection.
(4) Insofar as this Charter recognises fundamental rights as they result from the constitutional
traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.
(5) The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the European Federation, and by acts of Member States when they are implementing European Federation law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
(6) Full account shall be taken of Member States laws and practices as specified in this Charter.
(7) The explanations drawn up as a way of providing guidance in the interpretation of the Charter of Fundamental Rights shall be given due regard by the courts of the European Federation and of the Member States.
Article 77
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by European Federation law and international law and by international agreements to which the European Federation or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions.
Article 78
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.
CHAPTER III
THE LEGISLATIVE POWER
Article 79
(1) The European Parliament, subject to the rights of citizens and Member States exercises legislative power in the European Federation. European Parliament comprises two chambers, the Council of Deputies and the Senat.
(2) The Council of Deputies shall exercise control over the activities of the European Executive Council within the scope specified by the provisions of the Constitution and European laws.
Council of Deputies
Article 80
(1) The Council of Deputies shall be composed of 645 Deputies.
(2) Elections to the Council of Deputies shall be universal, equal, direct and proportional and shall be conducted by secret ballot. If, no later than on the day of vote, he has attained 18 years of age, any citizen of the European Federation, shall have the right to vote for the representatives to the Council of Deputies.
(3) Each Member State constitutes an electoral constituency.
(4) The number of deputies allocated to each Member State shall be determined as follows:
1. Each Member State shall be allocated three basic seats.
2. The remaining seats shall be distributed among the Member States in proportion to their populations, according to each state’s share in the population of the European Federation.
3. The result of the distribution referred to in point 2 shall be rounded mathematically to the nearest whole number.
4. If the total number of seats obtained after rounding does not correspond to the number of seats to be distributed, an adjustment shall be made by allocating seats to the Member States with the largest fractional remainders or by not allocating seats to the Member States with the smallest fractional remainders, until the required number of seats is reached, subject to point 5.
5. No Member State may hold fewer than 3 or more than 96 deputies.
Article 81
(1) The Council of Deputies shall be chosen each for a 5-year term of office. The term of office of the Council of Deputies shall begin on the day on which the Council of Deputies assembles for its first sitting and shall continue until the day preceding the assembly of the Council of Deputies of the succeeding term of office.
(2) Elections to the Council of Deputies shall be ordered by the President of the European Federation no later than 90 days before the expiry of the 5 year period beginning with the commencement of the Council of Deputies term of office, and he shall order such elections to be held on a non-working day which shall be within the 30 day period before the expiry of the 5 year period beginning from the commencement of the Council of Deputies term of office.
(3) The Council of Deputies may shorten its term of office by a resolution passed by a majority of at least 11/20 of the votes of the statutory number of Deputies. The provisions of para. 5 above shall apply as appropriate.
(4) The President of the European Federation, after seeking the opinion of the President of the Council of Deputies and the President of the European Executive Council, may, in those instances specified in the Constitution, order shortening of the Council of Deputies term of office.
(5) The President of the European Federation, when ordering the shortening of the Council of Deputies term of office, shall simultaneously order elections to the Council of Deputies, and shall order them to be held on a day falling no later than within the 45 day period from the day of the official announcement of Presidential order on the shortening of the Council of Deputies term of office. The President of the European Federation shall summon the first sitting of the newly elected Council of Deputies no later than the 15th day after the day on which the elections were held.
(6) In the event of shortening of the Council of Deputies term of office, the provisions of para. 1 above shall apply as appropriate.
Article 82
(1) Every citizen having the right to vote, who, no later than on the day of the elections, has attained the age of 25 years, shall be eligible to be elected to the Council of Deputies.
(2) No person sentenced to imprisonment by a final judgment for an intentional indictable offence may be elected to the Council of Deputies.
(3) Candidates for Deputies may be nominated by political parties or voters.
(4) The principles of and procedures for the nomination of candidates and the conduct of the elections, as well as the requirements for validity of the elections, shall be specified by European law.
Article 83
(1) The mandate of a Deputy shall not be held jointly with the office of the members of the Senat and their alternates, the President of the European Central Bank, the President of the Court of Auditors, the European Ombudsman or their deputies, a member of the European Central Bank, ambassador, or with employment in the Secretariat of the Council of Deputies, the Secretariat of the Senat, Secretariat of the President of the European Federation, or with employment in european administration. This prohibition shall not apply to members of the European Executive Council and secretaries of state in european administration.
(2) No judge, public prosecutor, officer of the civil service, soldier on active military service or functionary of the police or of the services of State protection shall exercise the mandate of a Deputy.
(3) Other instances prohibiting the holding of a mandate of a Deputy or prohibiting the performance of a mandate jointly with other public functions may be specified by European law.
Article 84
(1) Deputies shall be representatives of the citizens. European Federation. They shall not be bound by any instructions of the electorate.
(2) Deputies, before the commencement of the performance of the mandate, shall take the following oath in the presence of the Council of Deputies:
„I do solemnly swear to perform my duties to the citizens diligently and conscientiously, to safeguard the sovereignty and interests of the European Federation, to do all within my power for the prosperity of the European Federation and the well-being of its citizens, and to observe the Constitution and other laws of the European Federation.”
The oath may also be taken with the additional sentence „So help me, God.”
(3) A refusal to take the oath shall be deemed to be a renunciation of the mandate.
Article 85
(1) A Deputy shall not be held accountable for his activity performed within the scope of a Deputy’s mandate during the term thereof nor after its completion. Regarding such activities, a Deputy can only be held accountable before the Council of Deputies and, in a case where he has infringed the rights of third parties, he may only be proceeded against before a court with the consent of the Council of Deputies.
(2) From the day of announcement of the results of the elections until the day of the expiry of his mandate, a Deputy shall not be subjected to criminal accountability without the consent of the Council of Deputies.
(3) Criminal proceedings instituted against a person before the day of his election as Deputy, shall be suspended at the request of the Council of Deputies until the time of expiry of the mandate. In such instance, the statute of limitation with respect to criminal proceedings shall be extended for the equivalent time.
(4) A Deputy may consent to be brought to criminal accountability. In such instance, the provisions of paras. 2 and 3 shall not apply.
(5) A Deputy shall be neither detained nor arrested without the consent of the Council of Deputies, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. Any such detention shall be immediately communicated to the President of the Council of Deputies, who may order an immediate release of the Deputy.
(6) Detailed principles of and procedures for bringing Deputies to criminal accountability shall be specified by European law.
Article 86
Conditions appropriate to the effective discharge of their duties by the Deputies as well as for defence of their rights resulting from the performance of their mandate shall be specified by European law.
Article 87
(1) Deputies shall not be permitted, to the extent specified by statute, to perform any business activity involving any benefit derived from the property of the assets of the European Federation, Member States or local government or to acquire such property.
(2) In respect of any breach of the prohibition specified in para. 1 above, a Deputy shall, by resolution of the Council of Deputies adopted on a motion of the President of the Council of Deputies, be brought to accountability before the Court of Justice of the European Federation which shall adjudicate upon forfeiture of the mandate.
Article 88
(1) The Council of Deputies shall debate in the course of sittings.
(2) The first sitting of the Council of Deputies shall be summoned by the President of the European Federation to be held on a day within 30 days following the day of the elections, except for instances specified in Article 80, paras. 3 and 5.
Article 89
(1) The Council of Deputies shall elect from amongst its members a President of the Council of Deputies and six Vice-presidents who form the Presidium of the Council of Deputies. In one Member State can not be selected more than one member of the Presidium and each region of the European Federation must have at least one representative on the Presidium (Art. 124 par. 4).
(2) The President of the Council of Deputies shall preside over the debates of the Council of Deputies, safeguard the rights of the Council of Deputies as well as represent the Council of Deputies in external matters.
(3) The Council of Deputies shall appoint standing committees and may also appoint special committees.
Article 90
(1) The Council of Deputies may appoint an investigative committee to examine a particular matter.
(2) The procedures for work by an investigative committee shall be specified by European law.
Article 91
The internal organization and conduct of work of the Council of Deputies and the procedure for appointment and operation of its organs as well as the manner of performance of obligations, both constitutional and statutory, by European Federation organs in relation to the Council of Deputies, shall be specified in the rules of procedure adopted by the Council of Deputies.
Article 92
Sittings of the Council of Deputies shall be open to the public. In the interest of the European Federation, the Council of Deputies may resolve, by an absolute majority vote taken in the presence of at least half of the statutory number of Deputies, to hold a debate in secret.
Article 93
(1) The President of the European Executive Council and other members of the European Executive Council shall furnish answers to interpellations and Deputies’ questions within 21 days.
(2) The President of the European Executive Council and other members of the European Executive Council shall furnish answers to matters raised in the course of each sitting of the Council of Deputies.
(3) The Council of Deputies and its committees may require the presence of any member of the European Executive Council.
(4) The members of the Senat and of the European Executive Council as well as their representatives may attend all sittings of the Council of Deputies and meetings of its committees. They shall have the right to be heard at any time.
Senat
Article 94
(1) The Member States shall participate in the legislative process and in the exercise of the executive power of the European Federation through the Senate.
(2) The Senate shall consist of members of the governments of the Member States and their designated alternates, authorized to bind the government of the Member State they represent and to exercise the right to vote. Each Member State shall appoint, remove, and replace its representatives in accordance with its own law. Alternates shall exercise the powers of the members of the delegation to the full extent of their authority. The mandate of a delegation shall continue until replaced in accordance with the law of the Member State. Each Member State shall designate the head of its delegation and determine its rules of operation, including the manner in which the Member State’s position is established. The status and responsibility of the members of the delegation towards the authorities of the Member State shall be determined solely by the law of that Member State.
(3) The number of votes each Member State has depends on its population and is as follows:
1. at least two votes;
2. three votes for Member States with a population of 6 million;
3. four votes for Member States with a population of 12 million;
4. five votes for Member States with a population of 20 million;
5. six votes for Member States with a population of 30 million;
6. seven votes for Member States with a population of 42 million;
7. eight votes for Member States with population of 56 million;
8. nine votes for Member States with population of 72 million;
9. ten votes for Member States with a population of 90 million.
(4) A Member State may appoint as many members of its delegation to the Senate as it has votes. The delegation shall cast its votes uniformly, in accordance with the instructions issued by the government of the Member State. In the event of a discrepancy within the delegation, the head of the delegation shall have the casting vote.
(5) he number of votes shall be determined on the basis of the census data of the European Federation and its official statistical updates concerning population, in relation to the thresholds specified in paragraph 3. The President of the European Federation shall announce the number of votes resulting from these data. This announcement shall be declaratory in nature and shall not affect the validity of the number of votes derived directly from the statistical data. In the absence of such announcement, the Senate shall apply the number of votes determined on the basis of the statistical data.
Article 95
(1) The Member States succeed each other in order in paragraph (1) of Article 2 every six months in the chairmanship of the Senat.
(2) The representative who heads the delegation of the Member State entitled to the chairmanship acts as chairman. The first Vice-President is the head of the delegation of a Member State of previous term of office. The second and third Vice-President are sequentially heads of the delegations of Member States of the next two terms of office. In the event of the President 's absence or failure to perform his duties, his functions shall be performed in turn by the first, second or third vice-president. The chairman carries the title „President of the Senat „, his deputies carry the title „Vice-President of the Senat „.
(3) The President of the Senat shall convene the Senat. He shall be obliged to do so if the delegate of at least one Member State or the European Executive Council so demand. If the President or Vice- President fails to convene the Senate within 48 hours of the request being made, the meeting shall be deemed to have been convened by operation of law 72 hours after the request was made.
Article 96
(1) The Senat shall act by a qualified majority except where the Constitution provides otherwise.
(2) A qualified majority shall be defined as at least 11/20 of the total number of the Member States of the European Federation, which together hold at least 3/5 of votes in the Senat.
Article 97
(1) The Senat furnishes itself with Standing Orders by way of resolution. This resolution can only be adopted in by a qualified majority. Provisions effectual also beyond the internal scope of the Senat can be made in the Standing Orders in so far as this is requisite for its handling of business. The Standing Orders have the status of a European law; they shall be published by the President of the European Executive Council in the Official Journal of the European Federation.
(2) The meetings of the Senat are public. Nevertheless the public can, pursuant to the provisions of the Standing Orders, be excluded by resolution.
(3) Other members or representatives of Member State governments may serve on committees of the Senat. The committee members are appointed and dismissed by the governments of the Member States. The committees, each Member State has only one vote. Resolutions of the Committee shall be taken by simple majority. The committee chairmen are selected by the European Federation, without discussion, for one year. None of Member States shall not preside at more than one committee.
Article 98
Members of the European Executive Council shall have the right, and upon the request of the Senate or its committees the obligation, to participate in their proceedings. They shall be given the floor upon their request. The European Executive Council shall keep the Senate informed on an ongoing basis about matters within the scope of the European Federation’s activities.
European Parliamentary Assembly
Article 99
(1) The European Parliamentary Assembly shall consist of the members of the Chamber of Deputies and an equal number of members elected by the parliaments of the Member States. The number of members elected by the parliament of a Member State shall be equal to the number of members elected in that Member State to the Chamber of Deputies.
(2) Members of the European Parliamentary Assembly elected by the parliaments of the Member States shall be selected on the basis of the principle of proportionality to the political composition of the parliament of the Member State concerned and, in Member States with bicameral parliaments, to the composition of the lower house. At least one seat shall be allocated to the party with the second largest representation in that parliament and, in the event of a tie, to the party receiving the second highest number of votes. In the event of a tie, the draw shall decide.
Article 100
(1) The European Parliamentary Assembly shall be convened by the President of the Council of Deputies. Chaired alternately by the President of the Council of Deputies – the first – and the President of the Senat. The European Parliamentary Assembly shall convene only in the cases provided for in this Constitution.
(2) The Act on the Standing Orders for the Council of Deputies are applied analogously in the European Parliamentary Assembly.
(3) The resolutions of the European Parliamentary Assembly are authenticated by its Chairman and countersigned by the President of the European Executive Council.
The legislative procedure
Article 101
(1) The right to introduce legislation shall belong to Deputies of the Council of Deputies, to the Senat, to the President of the European Federation and to the European Executive Council.
(2) The right to introduce legislation shall also belong to a group of at least 500,000 citizens having the right to vote in elections to the Council of Deputies. The Council of Deputies shall proceed to consider the bill and adopt a resolution within 60 days of its submission. The procedure in such matter shall be specified by European law.
(3) European Executive Council bills shall first be submitted to the Senat. A project is deemed to be particularly urgent if the European Executive Council designates it as such, giving reasons. The Senat shall be entitled to comment on such bills within 30 days. If for important reasons, especially with respect to the scope of the bill, the Senat demands an extension, the period shall be increased to 60 days. If the European Executive Council designates a bill as particularly urgent, it may submit it to the Council of Deputies after 21 days, or after 35 days if the Senate extends the deadline, even if the Senate’s position has not yet been received. The European Executive Council forwards this position to the Council of Deputies within 48 hours of its receipt. In the case of bills to amend this Constitution or to transfer sovereign powers pursuant to Article 11 the comment period shall be nine weeks; the provision regarding particularly urgent procedures does not apply.
(4) Senat bills shall be submitted to the Council of Deputies by the European Executive Council within 30 days. A bill is considered particularly urgent if the Senate designates it as such, along with a justification. In submitting them the European Executive Council shall state its own views. If for important reasons, especially with respect to the scope of the bill, the European Executive Council demands an extension, the period shall be increased to 60 days. If in exceptional circumstances the Senat declares a bill to be particularly urgent, the period shall be 21 days or, if the European Executive Council has demanded an extension pursuant to the third sentence of this paragraph, 30 days. In the case of bills to amend this Constitution or to transfer sovereign powers pursuant to Article 11 the comment period shall be 60 days; the provision regarding particularly urgent procedures does not apply. The Council of Deputies shall consider and vote on bills within a reasonable time.
(5) Sponsors, when introducing a bill shall indicate the financial consequences of its implementation.
Article 102
(1) European laws are adopted under the ordinary legislative procedure, the following provisions shall apply. A European law is deemed to have been adopted if it has been approved by the Council of Deputies by a simple majority in the presence of at least half of the statutory number of members and by the Senate by a qualified majority of at least 11/20 of the Member States of the European Federation, which together hold at least 3/5 of the votes in the Senate.
(2) European constitutional laws shall be adopted on issues envisaged by the Constitution of the European Federation. A European constitutional law is deemed to have been adopted if it has been approved by the Council of Deputies by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies, and by the Senate by a qualified majority of at least 2/3 of the Member States of the European Federation, which together hold at least 2/3 of the votes in the Senate.
First reading
(3) The Council of Deputies shall adopt its position at first reading and communicate it to the
Senat.
(4) If the Senat approves the Council of Deputies position, the act concerned shall be adopted in the wording which corresponds to the position of the Council of Deputies.
(5) If the Senat does not approve the Council of Deputies position, it shall adopt its position at first reading and communicate it to the Council of Deputies.
(6) The Senat shall inform the Council of Deputies fully of the reasons which led it to adopt its position at first reading. The European Executive Council shall inform the Council of Deputies fully of its position.
Second reading
(7) If, within 90 days of such communication, the Council of Deputies:
1. approves the Senat position at first reading or has not taken a decision, the act concerned shall be deemed to have been adopted in the wording which corresponds to the position of the Senat;
2. rejects, by a majority of its component members, the Senat position at first reading, the proposed act shall be deemed not to have been adopted;
3. proposes, by a majority of its component members, amendments to the Senat position at first reading, the text thus amended shall be forwarded to the Senat and to the European Executive Council, which shall deliver an opinion on those amendments.
(8) If, within 90 days of receiving the Council of Deputies amendments, the Senat, acting by a qualified majority:
1. approves all those amendments, the act in question shall be deemed to have been adopted;
2. does not approve all the amendments, the President of the Senat, in agreement with the President of the Council of Deputies, shall within 42 days convene a meeting of the Conciliation Committee.
(9) The Senat shall act by a qualified majority on the amendments on which the European Executive Council has delivered a negative opinion.
Conciliation
(10) The Conciliation Committee, which shall be composed of the members of the Senat or their representatives and an equal number of members representing the Council of Deputies, shall have the task of reaching agreement on a joint text, by a qualified majority of the members of the Senat or their representatives and by a majority of the members representing the Council of Deputies within 42 days of its being convened, on the basis of the positions of the Council of Deputies and the Senat at second reading.
(11) The European Executive Council shall take part in the Conciliation Committee’s proceedings and shall take all necessary initiatives with a view to reconciling the positions of the Council of Deputies and the Senat.
(12) If, within 42 days of its being convened, the Conciliation Committee does not approve the joint text, the proposed act shall be deemed not to have been adopted.
Third reading
(13) If, within that period, the Conciliation Committee approves a joint text, the European
Parliament, acting by a majority of the votes cast, and the Senat, acting by a qualified majority, shall each have a period of 42 days from that approval in which to adopt the act in question in accordance with the joint text. If they fail to do so, the proposed act shall be deemed not to have been adopted.
(14) The periods of 90 days and 42 days referred to in this Article shall be extended by a maximum of 30 days and 14 days respectively at the initiative of the Council of Deputies or the Senat.
Article 103
(1) After the completion of the procedure specified in Article 102, the President of the Council of Deputies shall submit an adopted bill to the President of the European Federation for signature.
(2) The President of the European Federation shall sign a bill within 21 days of its submission and shall order its promulgation in the Official Journal of the European Federation.
(3) The President of the European Federation may, before signing a bill, refer it to the Court of Justice of the European Federation for an adjudication upon its conformity to the Constitution. The President of the European Federation shall not refuse to sign a bill which has been judged by the Court of Justice of the European Federation as conforming to the Constitution.
(4) The President of the European Federation shall refuse to sign a bill which the Court of Justice of the European Federation has judged not to be in conformity to the Constitution. If, however, the non-conformity to the Constitution relates to particular provisions of the bill, and the Court of Justice of the European Federation has not judged that they are inseparably connected with the whole bill, then, the President of the European Federation, after seeking the opinion of the President of the Council of Deputies, shall sign the bill with the omission of those provisions considered as being in non-conformity to the Constitution or shall return the bill to the Council of Deputies for the purpose of removing the non-conformity.
(5) Any such reference by the President of the European Federation to the Court of Justice of the European Federation for an adjudication upon the conformity of a statute to the Constitution, or any application for reconsideration of a bill, shall suspend the period of time allowed for its signature, specified in para. 2, above.
CHAPTER IV
EXECUTIVE POWER
President of the European Federation
Article 104
(1) The President of the European Federation shall be the supreme representative of the European Federation and the guarantor of the continuity of State authority European Federation.
(2) The President of the European Federation shall ensure observance of the Constitution, safeguard the sovereignty and security of the State as well as the inviolability and integrity of its territory.
(3) The President of the European Federation shall exercise his duties within the scope of and in accordance with the principles specified in the Constitution and European law.
Article 105
(1) The President of the European Federation is elected by the European Parliamentary Assembly without prior debate.
(2) The President of the European Federation shall be elected for a 3-year term of office and may be re-elected only for one more term.
(3) Only a European Federation citizen who, no later than the day of the elections, has attained 45 years of age and has a full electoral franchise in elections to the Council of Deputies, may be elected President of the European Federation. The candidate shall report at least 1/5 the composition of the European Parliamentary Assembly.
(4) The European Parliamentary Assembly shall meet on a date not earlier than 45 days and no later than 30 days before the expiry of the term of office of the President of the European Federation, and in case of vacancy in the office of the President of the European Federation – not later than the fourteenth day thereafter. European Parliamentary Assembly meeting convened by the President of the Council of Deputies.
(5) The President of the European Federation shall be elected by secret ballot. The President of the European Federation shall be elected the candidate who has received at least 2/3 of votes of the members of the European Parliamentary Assembly. If no candidate receives the required majority, a new round of voting shall be held on the next day. Before the second round of voting, a new nomination of candidates shall be held. If no candidate receives the required majority in the second round of voting, a third round of voting shall be held on the same day between the two candidates who receive the greatest number of votes in the second round.
(6) Should the third ballot fail to produce the required majority, the ballot shall once more be repeated after 5 days; the candidate who has received at least 3/5 of votes of the members of the European Parliamentary Assembly shall be elected President of the European Federation.
(7) Should the fourth ballot fail to produce the said majority, within 10 days of voting is carried out fifths vote and the candidate receiving an absolute majority of the votes of the members of the European Parliamentary Assembly shall be elected President of the European Federation. Should this majority also not be attained, the ballot shall once more be repeated on the next day between the two candidates with the highest number of votes, and the candidate receiving a relative majority shall be deemed elected President of the European Federation.
(8) Details are European law.
Article 106
(1) The term of office of the President of the European Federation shall commence on the date of his assuming such office.
(2) The Court of Justice of the European Federation shall adjudicate upon the validity of the election of the President of the European Federation.
(3) The law of the Court of Justice of the European Federation against the validity of election of the President of the European Federation is entitled to the Senat and at least 1/5 the composition of the European Parliamentary Assembly.
(4) In the event of the election of the President of the European Federation being judged invalid, a new election shall be held in accordance with the principles prescribed in Article 105, para. 4 in relation to a vacancy in the office of President of the European Federation.
Article 107
President of the European Federation shall assume office upon submission before the meeting at a joint meeting of the members of the Council of Deputies and of the Senat following oath:
„Assuming the office of President of the European Federation, do solemnly swear to be faithful to the provisions of the Constitution, I will steadfastly guard the dignity of citizens, independence and security policy and the welfare and well-being of the citizens of the European Federation shall forever remain my supreme obligation.”
The oath may also be taken with the additional sentence „So help me, God.”
Article 108
(1) If the President of the European Federation is temporarily unable to discharge the duties of his office, he shall communicate this fact to the President of the Council of Deputies, who shall temporarily assume the duties of the President of the European Federation. If the President of the European Federation is not in a position to inform the President of the Council of Deputies of his incapacity to discharge the duties of the office, then the Court of Justice of the European Federation shall, on request of the President of the Council of Deputies, determine whether or not there exists an impediment to the exercise of the office by the President of the European Federation. If the Court of Justice of the European Federation so finds, it shall require the President of the Council of Deputies to temporarily perform the duties of the President of the European Federation.
(2) The President of the Council of Deputies shall, until the time of election of a new President of the European Federation, temporarily discharge the duties of the President of the European Federation in the following instances:
1. the death of the President of the European Federation;
2. the President’s resignation from office;
3. judicial declaration of the invalidity of the election to the Presidency or other reasons for not assuming office following the election;
4. a declaration by the Council of Deputies of the President’s permanent incapacity to exercise his duties due to the state of his health; such declaration shall require a resolution adopted by a majority vote of at least 2/3 of the statutory number of members of the Council of Deputies;
5. dismissal of the President of the European Federation from office by a judgment of Court of Justice of the European Federation.
(3) If the President of the Council of Deputies is unable to discharge the duties of the President of the European Federation, such duties shall be discharged by the President of the Senat.
(4) A person discharging the duties of the President of the European Federation shall not shorten the term of office of the Council of Deputies.
Article 109
The President of the European Federation shall hold no other offices nor discharge any public functions, with the exception of those connected with the duties of his office.
Article 110
(1) The President of the European Federation, as representative of the State in foreign affairs, shall:
1. ratify and renounce international agreements, and shall notify the Council of Deputies and the Senat thereof;
2. appoint and recall the plenipotentiary representatives of the European Federation to other states and to international organizations;
3. receive the Letters of Credence and recall of diplomatic representatives of other states and international organizations accredited to him.
(2) The President of the European Federation, before ratifying an international agreement may refer it to the Court of Justice of the European Federation with a request to adjudicate upon its conformity to the Constitution.
(3) The President of the European Federation shall exercise his or her duties in the field of foreign policy in consultation with the President of the European Executive Council and the competent minister, and in accordance with the foreign policy guidelines established by the European Executive Council.
Article 111
(1) The President of the Republic shall be the Supreme Commander of the European Armed Forces of the European Federation.
(2) The President of the European Federation, in times of peace, shall exercise command over the European Armed Forces through the Minister of Defence.
(3) The President of the European Federation shall appoint, for a specified period of time, the Chief of the General Staff and commanders of branches of the European Armed Forces. The duration of their term of office, the procedure for and terms of their dismissal before the end thereof, shall be specified by European law.
(4) The President of the European Federation, for a period of war, shall appoint the Commander-in-Chief of the European Armed Forces on request of the President of the European Executive Council. He may dismiss the Commander-in-Chief of the European Armed Forces in accordance with the same procedure. The authority of the Commander-in-Chief of the European Armed Forces, as well as the principle of his subordination to the constitutional organs of the European Federation, shall be specified by statute.
(5) The President of the European Federation, on request of the Minister of Defence, shall confer military ranks as specified by European law.
(6) The authority of the President of the European Federation, regarding his supreme command of the European Armed Forces, shall be specified in detail by European law.
Article 112
The advisory organ to the President of the European Federation regarding internal and external security of the European Federation shall be the Security Council of the European Federation.
Article 113
In the event of a direct external threat to the European Federation, the President of the European Federation shall, on request of the President of the European Executive Council, order a general or partial mobilization and deployment of the European Armed Forces in defence of the European Federation.
Article 114
The President of the European Federation shall grant European Federation citizenship and shall give consent for renunciation of European Federation citizenship.
Article 115
The President of the European Federation shall confer orders and decorations.
Article 116
(1) The President of the European Federation shall exercise the power of pardon towards persons convicted by a final judgment of the European courts of final instance, in particular by remitting, mitigating or changing the sentence and expunging the conviction.
(2) The power of pardon does not apply to judgments of the Court of Justice of the European Federation.
Article 117
The President of the European Federation may deliver a Message to the Council of Deputies or to the Senat. Such Message shall not be a subject of debate.
Article 118
(1) The President of the European Federation may, regarding particular matters, convene the Council of State. The Council of State shall be composed of the European Executive Council and the heads of governments of the Member States whose debates shall be presided over by the President of the European Federation.
(2) The Council of State shall not possess the competence of the European Executive Council.
Article 119
(1) The President of the European Federation shall issue regulations and executive orders in accordance with the principles specified in Articles 144.
(2) The President of the European Federation shall issue decisions within the scope of discharge of his other authorities.
Article 120
The Presidential Chancellery shall be the organ of assistance to the President of the European Federation. The President of the European Federation shall establish the statute of the Presidential Chancellery and shall appoint and dismiss its Chief.
Article 121
(1) The President of the European Federation, exercising his constitutional and statutory authority, shall issue Official Acts.
(2) Official Acts of the President shall require, for their validity, the signature of the President of the European Executive Council who, by such signature, accepts responsibility therefor to the Council of Deputies.
(3) The provisions of para. 2 above shall not relate to:
1. proclaiming elections to the Council of Deputies;
2. summoning the first sitting of a newly elected Council of Deputies;
3. shortening of the term of office of the Council of Deputies in the instances specified in the Constitution;
4. introducing legislation;
5. signing of the European law;
6. ordering the promulgation of a European law or an international agreement in the Official Journal of the European Federation;
7. delivering a Message to the Council of Deputies or to the Senat;
8. making a referral to the Court of Justice of the European Federation;
9. requesting the Court of Auditors to carry out an audit;
10. nominating and appointing the President of the European Executive Council;
11. accepting resignation of the European Executive Council and obliging it to temporarily continue with its duties;
12. applying to the Council of Deputies to bring a member of the European Executive Council to responsibility before the Court of Justice of the European Federation;
13. dismissing a minister in whom the Council of Deputies has passed a vote of no confidence;
14. convening the Council of State;
15. conferring orders and decorations;
16. appointing judges of the courts of the European Federation;
17. exercising the power of pardon;
18. granting European Federation citizenship and giving consent for renunciation of European Federation citizenship;
19. appointing and dismissing members of the Security Council of the European Federation;
20. establishing the statute of the Presidential Chancellery and appointing or dismissing the Chief of the Presidential Chancellery.
21. issuing orders in accordance with the principles specified in Article 144;
22. resigning from the office of President of the European Federation.
Article 122
(1) The President of the European Federation may be held accountable before the Court of Justice of the European Federation for an infringement of the Constitution or European law, or for commission of an offence.
(2) Bringing an indictment against the President of the European Federation shall be done by resolution of the Council of Deputies passed by a majority of at least 2/3 of the statutory number of members of the Council of Deputies, on the motion of at least 162 members of the Council of Deputies or resolution of the Senat adopted by majority of at least 2/3 of the Member States which together hold at least 2/3 of votes in the Senat.
(3) On the day on which an indictment, to be heard before the Court of Justice of the European Federation, is brought against the President of the European Federation, he shall be suspended from discharging all functions of his office. The provisions of Article 108 shall apply as appropriate.
The European Executive Council
Article 123
(1) The European Executive Council shall conduct the internal affairs and foreign policy of the European Federation.
(2) The European Executive Council shall conduct the affairs of European Federation not reserved to other European Federation organs or Member States.
(3) The European Executive Council shall manage the european administration.
(4) To the extent and in accordance with the principles specified by the Constitution and statutes, the European Executive Council, in particular, shall:
1. ensure the implementation of European law;
2. issue regulations;
3. coordinate and supervise the work of organs of European Federation administration;
4. protect the interests of the European Federation Treasury;
5. adopt a draft European Federation Budget;
6. supervise the implementation of the European Federation Budget and pass a resolution on the closing of the State’s accounts and report on the implementation of the Budget;
7. ensure the internal security of the European Federation and public order;
8. ensure the external security of the European Federation;
9. exercise general control in the field of relations with other States and international organizations;
10. conclude international agreements requiring ratification as well as accept and renounce other international agreements;
11. exercise general control in the field of national defence and annually specify the number of citizens who are required to perform active military service;
12. determine the organization and the manner of its own work.
Article 124
(1) The European Executive Council shall be composed of the President of the European Executive Council (Prime Minister) and ministers a total of 15 members.
(2) Vice-presidents of the European Executive Council (Deputy Prime Ministers) may also be appointed within the European Executive Council.
(3) The President of the European Executive Council and Vice-presidents of the European Executive Council may also discharge the functions of a minister.
(4) In relation to the Constitution of the European Executive Council shall be deemed to consist of Five Divisions:
1. Western Europe – Belgium, Luxembourg, the Netherlands, France, Ireland, Germany, Switzerland and Austria,
2. Central Europe – Poland, Czech Republic, Hungary, Slovakia, Slovenia, Croatia, Serbia and Bosnia and Herzegovina,
3. Northern Europe – Great Britain, Denmark, Sweden, Finland, Lithuania, Latvia, Estonia, Norway and Iceland,
4. Southern Europe – Greece, Spain, Portugal, Italy, Cyprus and Malta, Albania and Montenegro,
5. Eastern Europe – Romania, Bulgaria, Kosovo, North Macedonia, Moldova, Belarus, Ukraine, Armenia and Georgia,
which Five Divisions shall be equally represented in the European Executive Council. In one Member State can not be selected more than one member of the European Executive Council.
(5) The presidents of committees specified in statutes may also be appointed to membership in the European Executive Council. The provisions of paragraph 4 shall apply mutatis mutandis to the president of a committee.
Article 125
The President of the European Executive Council shall:
1. represent the European Executive Council;
2. manage the work of the European Executive Council;
3. issue regulations;
4. ensure the implementation of the policies adopted by the European Executive Council and specify the manner of their implementation;
5. coordinate and control the work of members of the European Executive Council;
6. exercise, within the limits and by the means specified in the Constitution and European law, supervision of Member States.
7. be the official superior of employees of the european administration.
Article 126
(1) Ministers shall direct a particular branch of european administration or perform tasks allocated to them by the President of the European Executive Council. The scope of activity of a minister directing a branch of european administration shall be specified by European law.
(2) A minister directing a branch of european administration shall issue regulations. The European Executive Council, on the request of the President of the European Executive Council, may repeal a regulation or order of a minister.
(3) The provisions applicable to a minister directing a branch of european administration shall apply, as appropriate, to presidents of the committees referred to in Article 124, para. 5.
Article 127
A member of the European Executive Council shall not perform any activity inconsistent with his public duties.
Article 128
The President of the European Executive Council, Vice-president of the European Executive Council and ministers shall take the following oath in the presence of the President of the European Federation:
„Assuming this office of President of the European Executive Council (Vice-president of the European Executive Council, minister) I do solemnly swear to be faithful to the provisions of the Constitution and other laws of the European Federation, and that the good and the prosperity of its citizens European Federation shall forever remain my supreme obligation.”
The oath may also be taken with the additional sentence „So help me, God.”
Article 129
(1) A corps of civil servants shall operate in the organs of european administration in order to ensure a professional, diligent, impartial and politically neutral discharge of the European Federation’s obligations.
(2) The President of the European Executive Council shall be the superior of such corps of civil servants.
Article 130
(1) The President of the European Federation shall nominate a President of the European Executive Council who shall propose the composition of a European Executive Council. The President of the European Federation shall, within 14 days of the first sitting of the Council of Deputies or acceptance of the resignation of the previous European Executive Council, appoint a President of the European Executive Council together with other members of a European Executive Council and accept the oaths of office of members of such newly appointed European Executive Council.
(2) The President of the European Executive Council shall, within 14 days following the day of his appointment by the President of the European Federation, submit a programme of activity of the European Executive Council to the Council of Deputies, together with a motion requiring a vote of confidence. The Council of Deputies shall pass such vote of confidence by an absolute majority of votes in the presence of at least half of the statutory number of Deputies.
(3) In the event that a European Executive Council has not been appointed pursuant to para.1 above or has failed to obtain a vote of confidence in accordance with para. 2 above, the Council of Deputies, within 14 days of the end of the time periods specified in paras 1 and 2, shall choose a President of the European Executive Council as well as members of the European Executive Council as proposed by him, by an absolute majority of votes in the presence of at least half of the statutory number of Deputies. The President of the European Federation shall appoint the European Executive Council so chosen and accept the oaths of office of its members.
Article 131
(1) In the event that a European Executive Council has not been appointed pursuant to the provisions of Article 130, para. 3, the President of the European Federation shall, within a period of 14 days, appoint a President of the European Executive Council and, on his application, other members of the European Executive Council. The Council of Deputies, within 14 days following the appointment of the European Executive Council by the President of the European Federation, shall hold, in the presence of at least half of the statutory number of Deputies, a vote of confidence thereto.
(2) In the event that a vote of confidence has not been granted to the European Executive Council pursuant to para. 1, the President of the European Federation shall shorten the term of office of the Council of Deputies and order elections to be held.
Article 132
(1) The members of the European Executive Council shall be accountable to the Court of Justice of the European Federation for an infringement of the Constitution or European law, as well as for the commission of an offence connected with the duties of his office.
(2) On the motion of the President of the European Federation or at least 162 Deputies, resolution to bring a member of the European Executive Council to account before the Court of Justice of the European Federation shall be passed by the Council of Deputies by a majority of 3/5 of the statutory number of Deputies.
Article 133
(1) The members of the European Executive Council shall be collectively responsible to the Council of Deputies for the activities of the European Executive Council.
(2) The members of the European Executive Council shall be individually responsible to the Council of Deputies for those matters falling within their competence or assigned to them by the President of the European Executive Council.
Article 134
(1) The Council of Deputies shall pass a vote of no confidence in the European Executive Council by a majority of votes of the statutory number of Deputies, on a motion moved by at least 65 Deputies and which shall specify the name of a candidate for President of the European Executive Council. If such a resolution has been passed by the Council of Deputies, the President of the European Federation shall accept the resignation of the European Executive Council and appoint a new President of the European Executive Council as chosen by the Council of Deputies, and, on his application, the other members of the European Executive Council and accept their oath of office.
(2) A motion to pass a resolution referred to in para. 1 above, may be put to a vote no sooner than 7 days after it has been submitted. A subsequent motion of a like kind may be submitted no sooner than after the end of 3 months from the day the previous motion was submitted. A subsequent motion may be submitted before the end of 3 months if such motion is submitted by at least 162 Deputies.
Article 135
(1) The Council of Deputies may pass a vote of no confidence in an individual minister. A motion to pass such a vote of no confidence may be submitted by at least 97 Deputies. The provisions of Article 134, para. 2 shall apply as appropriate.
(2) The President of the European Federation shall recall a minister in whom a vote of no confidence has been passed by the Council of Deputies by a majority of votes of the statutory number of Deputies.
Article 136
The President of the European Executive Council may submit to the Council of Deputies a motion requiring a vote of confidence in the European Executive Council. A vote of confidence in the European Executive Council shall be granted by a majority of votes in the presence of at least half of the statutory number of Deputies.
Article 137
The President of the European Federation shall, on the application of the President of the European Executive Council, effect changes in the composition of the European Executive Council.
Article 138
(1) The President of the European Executive Council shall submit the resignation of the European Executive Council at the first sitting of a newly elected Council of Deputies.
(2) The President of the European Executive Council shall also submit the resignation of the European Executive Council in the following instances:
1. when a vote of confidence in the European Executive Council has not been passed by the Council of Deputies;
2. when a vote of no confidence has been passed against the European Executive Council;
3. when the President of the European Executive Council himself has resigned from office.
(3) The President of the European Federation, when accepting the resignation of the European Executive Council, shall oblige it to continue with its duties until a new European Executive Council is appointed.
(4) The President of the European Federation may, in the case referred to in para. 2, to point (3). above, refuse to accept the resignation of the European Executive Council.
CHAPTER V
EUROPEAN FEDERATION LEGISLATION
Article 139
(1) The Member States shall have the right to legislate insofar as this Constitution does not confer legislative power on the European Federation.
(2) The division of authority between the European Federation and the Member States shall be governed by the provisions of this Constitution concerning exclusive and concurrent legislative powers.
Article 140
On matters within the exclusive legislative power of the European Federation, the Member States shall have power to legislate only when and to the extent that they are expressly authorised to do so by a European law.
Article 141
(1) On matters within the concurrent legislative power, the Member States shall have power to legislate so long as and to the extent that the European Federation has not exercised its legislative power by enacting a European law.
(2) The European Federation has legislative powers, if and to the extent there is a need of statutory european regulation because
1. the matter can not be effectively regulated by the laws of the Member States or
2. settlement of the case by the law of the Member State would undermine the interests of other Member States or the general or
3. requires the preservation of the unity of the legal and economic, especially securing uniformity of living conditions in the surface over greater than one Member State.
3) Every draft law of the European Federation is preceded by extensive consultation with the parliaments of the Member States. In particularly urgent cases, consultation may be omitted, but the decision must be justified.
The European Executive Council, the Senate, the Council of Deputies, or other bodies of the European Federation transmit draft legislative acts to the parliaments of the Member States at the same time as they are submitted for legislative action. Each draft must include a detailed justification for compliance with the principles of subsidiarity and proportionality, including an assessment of the financial and administrative impact on Member States, regions, economic operators, and citizens.
(4) Any Member State parliament or chamber of a national parliament may, within 56 days of receiving the draft, send a reasoned opinion on the grounds that the draft does not comply with the principles of subsidiarity.
These opinions are forwarded to the relevant bodies of the European Federation: the European Executive Council, the Senate, the Council of Deputies or other applicants.
Each national Parliament shall have two votes, shared out on the basis of the national Parliamentary system. In the case of a bicameral Parliamentary system, each of the two chambers shall have one vote.
If the opinions finding non-compliance with the principle of subsidiarity represent at least 1/3 of the votes allocated to parliaments, the draft shall be subject to re-examination.
(5) The European Federation’s bodies review the reasoned opinions of the Member State parliaments. After reconsideration, they may uphold the proposal, amend it, or withdraw it. Each decision must be reasoned and take into account the opinions of the Member State parliaments.
The European Executive Council, the Senate or the Council of Deputies, if they maintain the bill despite the opposition, submit a written justification, which is forwarded for the further legislative procedure.
(6) The Court of Justice of the European Federation has jurisdiction to resolve disputes concerning failure to comply with the principles of subsidiarity and proportionality, including complaints submitted by Member States, parliaments, local governments or other competent institutions.
(7) The European Executive Council submits an annual report to the Senate, the Council of Deputies, and the national parliaments on the application of the principles of subsidiarity and proportionality. The report includes an assessment of the legislative and financial implications and of the actions taken in the light of the opinions of the national parliaments.
(8) A European law may provide that federal legislation that is no longer necessary within the meaning of paragraph 2 of this Article may be superseded by Member State law.
Article 141a
(1) If action by the European Federation should prove necessary, within the framework of the policies defined in the Constitution of the European Federation, to achieve one of the objectives set out in the Constitution, and the Constitution have not provided the necessary powers, the Senate, acting by a majority of at least 2/3 of the Member States which together hold at least 2/3 of votes in the Senat on a proposal from the European Executive Council and after obtaining the consent of the Council of Deputies by a 2/3 majority vote in the presence of at least 3/4 of the statutory number of Deputies, shall adopt the appropriate measures.
(2) Using the procedure for monitoring the subsidiarity principle referred to in Article 141 paragraph 1 of the Constitution, the European Executive Council shall draw Member State Parliaments’ attention to proposals based on this Article.
(3) Measures based on this Article shall not entail harmonisation of Member States’ laws or regulations in cases where the Constitution exclude such harmonisation.
Article 142
The European Federation shall have exclusive legislative power with respect to:
1. ensure the independence and territorial integrity of the European Federation and protect its sovereignty in international relations; decide on war and peace;
2. foreign affairs, all matters which bring the European Federation into relation with any foreign country; diplomatic, consular and trade representation; United Nations Organisation; participation in international conferences, associations and other bodies and implementing of decisions made thereat; entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries;
3. the defence of the European Federation, including the organisation, maintenance and use of armed forces, defence preparations, wartime operations and demobilisation, and the regulation of industry and infrastructure necessary for defence;
4. citizenship in the European Federation;
5. freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;
6. currency, money and coinage, weights and measures, and the determination of standards of time;
7. the unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection and the conservation of marine biological resources under the common fisheries policy;
8. aviation and space communications;
9. postal and telecommunications services;
10. radio and television broadcasting in Esperanto, as well as other forms of public telecommunication dissemination of programmes and information in that language, in particular the regulation of broadcasting activities, licensing, supervision, and the organisation of European public media;
11. the legal relations of persons employed by the European Federation and by european corporations under public law;
12. legal protection of industrial property and copyright and publishing law, in particular patents, trademarks, industrial designs and geographical indications:
13. protection by the European Police Office (Europol) against the dangers of international terrorism when a threat transcends the boundary of one Member State, when the jurisdiction of a Member State’s police authorities cannot be perceived, or when the highest authority of an individual Member State requests the assumption of european responsibility;
14. cooperation between the European Federation and the Member States concerning
a) criminal police work,
b) in the field of protecting the democratic constitutional order and internal security, as well as countering threats to the existence or territorial integrity of the European Federation or any of its Member States, and
c) protection against activities within the european territory which, by the use of force or preparations for the use of force, endanger the external interests of the European Federation,
as well as the establishment of a European Police Office (Europol) and international action to combat crime;
15. statistics for european purposes;
16. the production, utilisation of nuclear energy and mineral resources necessary for its production; the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances; arms, firearms, ammunition and explosives.
17. customs duties and fiscal monopolies.
Article 143
(1) Concurrent legislative power shall extend to the following matters:
1. consumer protection;
2. transport;
3. trans-European networks;
4. energy;
5. agriculture and fisheries, excluding the conservation of marine biological resources;
6. environment;
7. the law regarding expropriation, to the extent relevant to matters enumerated in Articles 142 and 143;
8. matters concerning refugees and expellees;
9. measures to combat human and animal diseases which pose a danger to the public or are communicable,
10. benefits for persons disabled by war and for dependents of deceased war victims as well as assistance to former prisoners of war;
11. the regulation of promotion of research;
12. taxes on consumption and capital turnover, with the exception of taxes of local significance, in particular tax on the acquisition of land, tax increment value and tax fire prevention;
13. the income tax and the property tax,
14. real of taxes with the exception determining the rates of call, if the European Federation uses these taxes in full, or in part to cover the expenditure of the European Federation, or if there are circumstances provided for in Article 141 paragraph 2,
15. Education in the field of Esperanto in accordance with the provisions of Article 8.
(2) The European Federation shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
1. protection and improvement of human health;
2. industry;
3. culture;
4. tourism;
5. education, vocational training, youth and sport;
6. civil protection;
7. administrative cooperation.
(3) In the areas referred to in paragraph 2, the European Federation shall not have the power to harmonise the laws of the Member States or to adopt binding legislative acts.
Article 144
(1) The European Executive Council, a minister or the Member State governments may be authorised by a european law to issue statutory instruments. The content, purpose and scope of the authority conferred shall be specified in the european law. Each statutory instrument shall contain a statement of its legal basis. If the european law provides that such authority may be further delegated, such subdelegation shall be effected by statutory instrument.
(2) The consent of the Senat shall be required for statutory instruments that are executed by the Member States on federal commission or in their own right.
(3) The Senat may submit to the European Executive Council drafts of statutory instruments that require its consent. The European Executive Council is obliged to examine the project and make a decision within 60 days from the date of referral of the project.
(4) Insofar as Member State governments are authorised by or pursuant to european laws to issue statutory instruments, the Member States shall also be entitled to regulate the matter by a law.
CHAPTER VI
EXERCISE OF COMPETENCE, ADMINISTRATION AND FINANCE EUROPEAN FEDERATION
Article 145
The Member States shall execute European laws in their own right insofar as this Constitution does not otherwise provide or permit.
Article 146
(1) Member States shall implement European laws as their own matter and shall take all measures necessary to ensure their effective and uniform application, in accordance with the principle of loyal cooperation. Administrative organisation and procedural rules fall within the competence of the Member States unless European laws provide otherwise.
(2) Where uniform conditions for the implementation of European laws are required, the European Executive Council may, on the basis of a European law and with the consent of the Senate, adopt implementing acts of a general scope. The Senate shall participate in monitoring the exercise of these powers on behalf of the Member States.
(3) The European Executive Council supervises the implementation of European laws by the Member States, limited to checking legality. This supervision is exercised in particular by:
1. requesting information and reports,
2. issuing recommendations and opinions,
3. conducting dialogue with the competent authorities of the Member States.
Direct intervention in the activities of the Member States’ administrations requires express statutory authorization and the consent of the Senate.
(4) If the European Executive Council considers that a Member State has failed to fulfil an obligation under European laws and the failure has not been remedied, it may refer the matter to the Senate for a decision. Regardless of the Senate’s position, the European Executive Council or the Member State concerned may refer the matter to the Court of Justice of the European Federation, which shall have exclusive jurisdiction to determine the infringement.
(5) The European Executive Council may, within the limits and under the conditions laid down by a European law, issue non-binding guidelines for the implementation of European laws. Binding instructions in individual cases may be issued only in exceptional cases where a European law expressly so provides and where this is necessary to ensure the uniform application of the law.
Article 147
(1) Where a European law expressly so provides, Member States shall carry out certain tasks on behalf of the European Federation as delegated administration. The organisation of the administration and the appointment of staff remain a matter for the Member States, unless a European law provides otherwise. Delegation of tasks to lower-level bodies is permissible only where a European law expressly so provides.
(2) The European Executive Council may, on the basis of a European law and with the consent of the Senate, issue binding implementing acts and general instructions, specifying in particular uniform standards of operation, minimum requirements for administrative cooperation and reporting rules.
(3) A Member State shall comply with general instructions issued in accordance with paragraph 2. It may refuse to execute a general instruction only where the instruction infringes its constitutional autonomy or exceeds the scope of the statutory authorisation. Any refusal shall be duly reasoned in writing and shall be immediately referred to the Court of Justice of the European Federation. A refusal shall not suspend the execution of the instruction unless the Court decides otherwise.
(4) The European Executive Council shall supervise the legality, effectiveness, and compliance with the objectives of European laws. To this end, it may request information, reports, access to files, and conduct inspections in cooperation with the competent authorities of the Member States. Direct intervention in administrative activities requires the consent of the Senate.
(5) Member States shall appoint the heads of the relevant offices in a way that ensures the effective performance of federal tasks. The European Executive Council may provide opinions on the qualifications required for management positions where a European law so provides.
(6) If the failure to perform federal tasks is not remedied, the European Executive Council may refer the matter to the Senate. Regardless of the Senate’s position, the European Executive Council or a Member State may refer the matter to the Court of Justice of the European Federation, which has exclusive jurisdiction to determine the infringement.
Article 148
Where the European Federation executes laws through its own administrative authorities or through european corporations or institutions established under public law, the European Executive Council shall, insofar as the law in question contains no special provision, issue general administrative rules. The European Executive Council shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide.
Article 149
(1) The European administration, acting through its own bodies and services, shall in particular carry out:
1. foreign affairs,
2. European financial administration,
3. management of European waterways and shipping, in accordance with Article 154.
Specialised bodies, services and organisational units may be established on the basis of a European law, including in particular:
1. European Border and Coast Guard,
2. central police and intelligence information units,
3. European Police Office (Europol),
4. units responsible for protecting the Constitution and counteracting activities that threaten the external interests of the European Federation.
(2) In order to carry out tasks arising from the legislative powers of the European authorities, autonomous higher-level European offices and new organizational entities governed by public law and directly subordinated to the European authorities may be established. If new tasks arise in areas covered by European legislation requiring immediate action, a European law may establish intermediate-level and lower-level European offices.
Article 150
(1) The European Armed Forces shall serve to protect the independence of the European Federation and the indivisibility of its territory, as well as to ensure the security and inviolability of its borders. Their size, structure and organisation shall be determined with due regard to budgetary capacity and security requirements.
(2) The European Armed Forces shall remain neutral in political matters and shall be subject to civilian and democratic oversight.
(3) The composition of the senior command and leadership of the European Armed Forces shall be based on the principle of proportional representation of the Member States, while safeguarding the operational competence of the command structure, in accordance with a European law.
(4) The European Armed Forces shall ensure equal status for the languages of the Member States. Esperanto may be used for command and military training, and the languages of the Member States may be used within units, in accordance with a European law.
(5) The European Armed Forces may be employed for purposes other than the defence of the European Federation only in cases expressly provided for in this Constitution or when explicitly authorised by a European law.
(6) During a state of war or a state of emergency, the European Armed Forces may be authorised to protect civilian facilities and to perform tasks related to traffic regulation, insofar as this is necessary for the fulfilment of their defence duties. Under the same circumstances, they may support the activities of the police and the European Border and Coast Guard, cooperating with the competent authorities.
(7) In the event of a serious threat to the democratic constitutional order, internal security or territorial integrity of the European Federation or a Member State, the European Executive Council may—under the conditions laid down in Article 155 paragraph 2 and where police and border resources are insufficient—deploy the European Armed Forces solely to support the activities of the police and the European Border and Coast Guard, in particular for the protection of civilian facilities and the countering of organised and armed groups employing violence.
(8) Any deployment of the European Armed Forces under paragraph 7 shall be terminated without delay upon the request of the Council of Deputies or the Senate. All actions shall comply with the principles of proportionality, subsidiarity and respect for the autonomy of the Member States.
Article 151
(1) The European Armed Forces are administered by a European administration with its own organizational structure. This covers, in particular, personnel matters and the direct provision of supplies to the European Armed Forces. Tasks relating to the provision of supplies to the casualties and construction may be entrusted to the European Armed Forces Administration only on the basis of a European law.
(2) European laws on martial law, alternative military service and the protection of the civilian population may provide that these tasks are to be performed, in whole or in part, by the European administration or by Member States acting on behalf of European authorities. Where such laws are implemented by Member States on behalf of European authorities, they may provide for the delegation of the powers referred to in Article 147, in whole or in part, to competent high-level European offices.
Article 152
European laws enacted under of Article 142 point 16 may provide that they shall be executed by the Member States on european authorities.
Article 153
(1) On the basis of a European law, the European authorities shall ensure universal access to adequate and reliable postal services and electronic communications services throughout the territory of the European Federation.
(2) The services referred to in paragraph 1 are provided as part of a business activity by the designated operator and other private providers. Regulatory oversight of the postal market and electronic communications services is exercised by the European administration.
(3) European law may entrust a specialized organizational unit operating under public law with the performance of specific tasks related to ensuring the continuity of postal services and electronic communications services, to the extent necessary to perform public duties.
Article 154
(1) The European Federation shall administer the Trans-European Transport Networks through its own authorities. It shall exercise those European Federation functions relating to the Trans-European Transport Networks which extend beyond the territory of a single Member State, and those functions relating to maritime shipping, which are conferred on it by a European law. Insofar as Trans-European Transport Networks lie within the territory of a single Member State, the European Federation on its application may delegate their administration to that Member State on European Executive Council. If a Trans-European Transport Networks touches the territory of several Member States, the European Federation may commission that Member State which is designated by the affected Member States.
(2) In the administration, development and new construction of the Trans-European Transport Networks, the requirements of landscape and of management shall be assured in agreement with the Member States.
Article 155
(1) In the event of a serious threat to the democratic constitutional order, internal security or territorial integrity of the European Federation or of one of its Member States, the Member State concerned may request support from other Member States and from the competent authorities of the European Federation, in particular police forces, public administration and the European Border and Coast Guard.
(2) If the affected Member State is unable or unwilling to take effective action, the European Executive Council may, to the extent necessary to restore security and stability, coordinate the actions of the relevant services and bodies, including:
1. issue binding instructions to the police authorities of a Member State,
2. to direct cooperation between the police forces of other Member States,
3. use European Border and Coast Guard units.
These measures are subject to immediate repeal after the threat ceases and at any time at the request of the Senate.
(3) If the threat affects the territory of more than one Member State, the European Executive Council may, to the extent necessary to ensure a coordinated and effective response, issue instructions to the governments of the Member States, without prejudice to the measures provided for in paragraph 2.
(4) All measures taken by the European Executive Council pursuant to this Article shall be subject to democratic control by the Council of Deputies, which may assess their justification and proportionality and, by means of a resolution, propose to the European Executive Council that they be amended or repealed.
(5) Any action taken under this Article must comply with the principles of proportionality, subsidiarity and respect for the constitutional autonomy of the Member States. The Senate shall exercise ongoing political supervision over the application of this Article.
Article 156
(1) The European authorities and the Member States shall bear the expenses resulting from the performance of their tasks separately, unless this Constitution provides otherwise.
(2) Where Member States carry out tasks at the request of the European authorities, the expenses related to their performance shall be borne by the European authorities.
(3) A European law granting financial benefits provided by the Member States may provide that such benefits shall be financed in whole or in part by the European authorities. If the law provides that the European authorities bear half or more of the expenses, these tasks shall be carried out at the request of the European authorities.
(4) The European authorities and the Member States shall bear the expenses related to the operation of their bodies and shall be responsible for the proper administration within their sphere of competence. Details shall be specified by a European law.
Article 157
(1) Revenues from financial monopolies and the proceeds of the following taxes belong to the European Federation:
1. customs duties;
2. taxes on consumption;
3. tax on transport,
4. non-recurring levies on property and equalisation of burdens levies.
(2) Revenues from the following taxes belong to the Member States and, in accordance with their national law, to regional and local authorities:
1. the taxes on capital transactions, with the exception of the transport tax and sales tax;
2. the property tax;
3. the inheritance tax, tax on motor vehicles;
4. the taxes real;
5. the taxes of local importance.
(3) Revenues from the personal income tax, the corporate income tax, and the turnover tax are divided as follows: 40% shall constitute the revenue of the European Federation and 60% shall constitute the revenue of the Member States.
(4) In order to ensure the effective performance of tasks by Member States with lower tax revenues and to compensate for differences in expenditure burdens, the European Federation may grant subsidies financed from specific taxes belonging to Member States. European law shall determine the taxes from which subsidies may be financed, their amounts, and the rules for granting them. Subsidies shall be paid directly to the Member States entitled to compensation.
(5) The revenues and expenditures of regional and local authorities shall also be considered revenues and expenditures of Member States within the meaning of this Article. National law shall determine the extent to which these authorities contribute to the revenues from taxes belonging to Member States.
(6) If the European Federation implements investments in Member States or their regional or local authorities that directly increase expenditures or reduce the revenues of these authorities (special burdens), the European Federation shall ensure appropriate compensation, provided that these authorities cannot be required to bear additional burdens. Compensation obligations towards third parties and financial benefits resulting from the implementation of the investment shall be taken into account when determining the amount of compensation.
Article 158
(1) Revenues from taxes held by Member States and their share of personal income tax, corporation tax and turnover tax constitute revenue for those Member States to the extent that those taxes have been collected by the competent tax authorities in their territory.
(2) A European law shall ensure appropriate financial compensation between Member States with a higher and lower economic potential. The law shall establish the principles on the basis of which Member States with a stronger economy shall make compensation payments to Member States with a weaker economy, as well as the criteria for determining the amount of such payments. The law may also provide that the European Federation shall grant additional subsidies from its own resources to cover the general financial needs of Member States with a weaker economy.
Article 159
(1) Customs duties, financial monopolies, consumption taxes subject to competitive legislation, transportation taxes, turnover taxes, and one-off property levies shall be administered by European financial authorities. The structure of these authorities and their procedures shall be established by European law. Where intermediate-level bodies are established, their heads shall be appointed in agreement with the governments of the Member States. European law may entrust the financial authorities of the Member States with the implementation of one-off property levies as a delegated administration.
(2) Other taxes are administered by the financial authorities of the Member States. European law may define the structure of these authorities, uniform standards of conduct, and rules for the training of officials. Where middle-level units are established, their managers shall be appointed by the Member States. The European Executive Council may provide opinions on the qualifications required for management positions where European law so provides.
(3) Where the financial authorities of the Member States administer taxes which constitute, in whole or in part, the income of the European Federation, they shall act as delegated authorities. The Member States shall be responsible for the proper performance of these tasks. Article 147 paragraph 4 shall apply mutatis mutandis, with the Minister for Finance taking the place of the European Executive Council.
(4) Financial justice is regulated uniformly in a European law.
(5) The European Executive Council may, on the basis of a European law and with the consent of the Senate, adopt general administrative provisions in so far as the levying of taxes is a matter for the financial authorities of the Member States.
Article 160
(1) The European Federation and the Member States shall retain autonomy and mutual independence in budgetary matters.
(2) The European Federation and the Member States shall conduct their budgetary policies with due regard to the requirements of overall economic balance.
(3) A European law may establish common rules for the European Federation and the Member States concerning budgetary law, counter‑cyclical fiscal policy and multiannual financial planning.
(4) Member States shall conduct their budgetary policies in a manner that ensures the stability of public finances and avoids excessive deficits.
(5) The general government deficit of a Member State shall not exceed 3 per cent of its gross domestic product, unless:
1. the ratio has declined substantially and continuously and has reached a level close to the reference value, or
2. the excess is exceptional and temporary, and the ratio remains close to the reference value.
(6) Expenditure on strategic investment by a Member State shall not be counted towards the limit referred to in paragraph 5, provided that it falls within the categories defined by a European law. The European law shall specify the catalogue of strategic investments, the criteria for their qualification and the rules for verifying their compliance with this paragraph.
(7) The public debt of a Member State shall not exceed 60 per cent of its gross domestic product, unless the ratio is sufficiently diminishing and approaching the reference value at a satisfactory pace.
(8) The Minister of Finance of the Federation shall monitor compliance with paragraphs 5 and 7 and shall submit reports to the European Executive Council in the event of a risk of non‑compliance.
(9) Where the European Executive Council finds the existence of an excessive deficit or a risk thereof, it shall issue recommendations to the Member State concerned regarding corrective measures and the deadline for their implementation.
(10) If effective corrective action is not taken, the European Executive Council may:
1. require the Member State to submit periodic reports,
2. require the publication of additional information prior to the issuance of government bonds,
3. request the European Investment Bank to reconsider its lending policy towards that Member State,
4. impose an obligation to lodge a non‑interest‑bearing deposit with the budget of the Federation,
5. impose a financial sanction.
(11) The measures referred to in paragraph 10 shall be repealed once the excessive deficit has been corrected.
(12) The European Federation shall conduct its budgetary policy in a manner that ensures the stability of public finances and avoids excessive deficits.
(13) The budget deficit of the European Federation shall not exceed 3 per cent of the gross domestic product of the European Federation, unless:
1. the ratio has declined substantially and continuously and has reached a level close to the reference value, or
2. the excess is exceptional and temporary, and the ratio remains close to the reference value.
(14) Expenditure on strategic investment by the European Federation shall not be counted towards the limit referred to in paragraph 13, provided that it is approved by a European law.
(15) The public debt of the European Federation shall not exceed 60 per cent of the gross domestic product of the European Federation, unless the ratio is sufficiently diminishing and approaching the reference value at a satisfactory pace.
(16) The Minister of Finance of the Federation shall monitor compliance with paragraphs 13 and 15 and shall submit reports to the House of Deputies, the Senate and the European Executive Council in the event of a risk of non‑compliance.
(17) Where the European Executive Council finds the existence of an excessive deficit of the European Federation or a risk thereof, it shall submit recommendations to the House of Deputies and the Senate regarding corrective measures and the deadline for their implementation.
(18) If effective corrective action is not taken, the House of Deputies, acting on a proposal from the European Executive Council, may:
1.require the European Executive Council to submit periodic reports on the implementation of corrective measures,
2. limit the ability of the European Federation to incur new financial obligations,
3. impose an obligation on the European Federation to lodge a non‑interest‑bearing deposit with the European Central Bank,
4. apply other measures provided for by a European law.
(19) The measures referred to in paragraph 18 shall be repealed once the excessive deficit has been corrected.
Article 161
(1) All revenues and expenditures of the European Federation shall be in cluded in the Budget.
(2) The budget for one or more fiscal years shall be set forth in a European law enacted before the beginning of the first year and making separate provision for each year. The European law may provide that various parts of the budget apply to different periods of time, divided by fiscal years.
(3) In exceptional cases, the revenues and expenditures of the European Federation for a period shorter than one year may be specified in an interim budget. The provisions relating to a draft European Federation Budget shall apply, as appropriate, to a draft interim budget.
(4) If a European Federation Budget or an interim budget have not come into force on the day of commencement of a fiscal year, the European Executive Council shall manage European Federation finances pursuant to the draft Budget.
(5) The right to introduce legislation concerning a Budget, an interim budget, amendments to the Budget, a statute on the contracting of public debt, as well as a statute granting financial guarantees by the European Federation, shall belong exclusively to the European Executive Council.
(6) The draft law, referred to in paragraph. 2 and 5 itself shall be submitted simultaneously to the Senat and to the Council of Deputies. The Senat shall be entitled to comment on such bills within 42 days or, in the case of amending bills, within 21 days.
(7) The European Executive Council shall submit simultaneously to the Senat and to the Council of Deputies a draft Budget for the next year no later than 90 days before the commencement of the fiscal year. In exceptional instances, the draft may be submitted later.
(8) The final a draft law, referred to in paragraph. 2 and 5 shall be adopt the Council of Deputies with the principles referred to in paragraph. 6 and 7.
Article 162
(1) The President of the European Federation shall sign the Budget or interim Budget submitted to him by the President of the Council of Deputies within 7 days of receipt thereof, and order its promulgation in the Official Journal of the European Federation.
(2) If the President of the European Federation has made reference to the Court of Justice of the European Federation for an adjudication upon the conformity to the Constitution of the Budget or interim budget before signing it, the Court of Justice of the European Federation shall adjudicate such matter no later than within a period of 60 days from the day of submission of such reference to the Court of Justice of the European Federation.
(3) If, after 121 days from the day of submission of a draft Budget to the Council of Deputies, it has not been adopted or presented to the President of the European Federation for signature, the President of the European Federation may, within the following of 14 days, order the shortening of the Council of Deputies term of office.
Article 163
(1) The European Executive Council, within the 151 days period following the end of the fiscal year, shall present simultaneously to the Senat and to the Council of Deputies a report on the implementation of the Budget together with information on the condition of the European Federation debt. The Senat is entitled to give its opinion within 42 days.
(2) Within 90 days following receipt of the report, the Council of Deputies shall consider the report presented to it, and, after seeking the opinion of the Senat and the European Court of Auditors, shall pass a resolution on whether to grant or refuse to grant approval of the financial accounts submitted by the European Executive Council.
European Central Bank
Article 164
(1) The European Central Bank and the central banks of the Member States are the institutions unified monetary system, which implement a common policy on the issue.
(2) The European Central Bank issues banknotes and coins.
In accordance with the common policy issue, the European Central Bank regulates the amount of money in circulation and together with the central banks of the Member States shall take measures in order to implement this policy.
(3) The central bank of the Member State will undertake within the framework of a common policy on the issue other measures needed for the implementation of the credit policy of the Member State.
(4) The means for implementing a common policy issue can not put anyone in a position of unequal in terms of doing business and earning an income.
Article 165
(1) The European Central Bank and the central banks of the Member States are within their rights and obligations, responsible for the stabilization of the currency, balance of payment in domestic and international relations, and for the implementation of mutually agreed monetary-credit policy.
(2) The European Central Bank and the central banks of the Member States alone shall take the measures set out by European law by means of which are realized goals and objectives monetary-credit policy and foreign exchange. Commercial banks and other financial organizations are bound by decisions taken by the European Central Bank and the central banks of the Member States in order to implement this policy.
Article 166
(1) The European Central Bank and the central banks of the Member States shall operate deposit accounts of the Member States and the local government and shall be authorised, on behalf of the Member States and the local government and on their account, to perform other banking affairs, if so specified by the Constitution.
(2) The European Central Bank shall act as a depository of European Federation resources, conduct credit and other banking business for the needs of the European Armed Forces and for the needs of national defence, as laid down by the European Federation statute, and shall carry out other statutorily specified credit and banking operations on account of the European Federation.
(3) The European Central Bank and the central banks of the Member States shall not engage in other activities of commercial banks.
Article 167
(1) The status European Central Bank and uniform monetary operations of the central banks of the Member States shall be regulated by European law.
(2) The operations of the European Central Bank concerning the execution of common currency issue, monetary-credit and foreign exchange policy shall be managed by the Governing Council of the European Central Bank. In managing these operations the Governing Council of the European Central Bank shall make decisions and take measures, and shall be responsible for their implementation.
(3) The right to vote in the Governing Council of the European Central Bank shall be permanently vested in the members of the Executive Board of the European Central Bank and in one central bank governor from each region of the European Federation, as referred to in Article 124(4). The governors of the central banks of the Member States belonging to a given region shall exercise this voting right on a rotational basis, in monthly intervals, in the order laid down in the Rules of Procedure of the Governing Council. All central bank governors shall attend the meetings of the Governing Council with the right to speak, irrespective of whether they hold voting rights in a given month.
The Governing Council shall adopt its decisions by a majority of votes, unless a European law provides otherwise, in the presence of at least 3/5 of the members holding voting rights in that month.
(4) The Governing Council of the European Central Bank shall comprise the members of the Executive Board of the European Central Bank and the Governors of the central banks of the Member States.
(5) The Executive Board of the European Central Bank shall comprise the President, the Vice-President and four other members. The President and the Vice-President shall be appointed by the Council of Deputies with the approval of the Senat, and the other members of the Executive Board shall be appointed in equal numbers by the Council of Deputies and the Senat, from among persons of recognised standing and professional experience in monetary or banking matters, after consulting the Governing Council of the European Central Bank. The Council of Deputies shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States of the European Federation which together hold at least 2/3 of votes in the Senat.
(6) Members of the Executive Board of the European Central Bank are appointed for a term of eight years and their mandate is not renewable. No Member State may have more than one representative on the Executive Board of the European Central Bank, and each region of the European Federation shall have at least one representative on the Executive Board of the European Central Bank (Article 124 par. 4).
(7) The following cannot belong to the Executive Board of the European Central Bank: members of the European Executive Council or a Member State Government, furthermore members of the Council of Deputies, the Senat, or any other popular representative body. Finally persons who are in the employ of or hold office in a political party cannot belong to the Executive Board of the European Central Bank.
(8) Anyone who during the preceding nine years has exercised one of the functions specified in paragraph 7 above cannot be appointed members of the Executive Board of the European Central Bank. A person who has completed their term of office in the Executive Board of the European Central Bank shall not, for a period of nine years from the date of termination of that term, hold any of the positions specified in paragraph 7.
Article 168
(1) The President of the European Federation, the President of the Council of Deputies, the President of the Senat and a member of the European Executive Council may participate, without having the right to vote, in meetings of the Governing Council of the European Central Bank. The President of the European Federation, the President of the Council of Deputies, the President of the Senat and a member of the European Executive Council may submit a motion for deliberation to the Governing Council of the European Central Bank.
(2) The President of the European Central Bank shall be invited to participate in meetings of the Council of Deputies and the Senat when it is discussing matters relating to the objectives and tasks of the European Central Bank.
(3) The European Central Bank shall address an annual report on the activities of the European Central Bank and on the monetary policy of both the previous and the current year to the Council of Deputies, the Senat and the European Executive Council. The President of the European Central Bank shall present this report to the Council of Deputies, which may hold a general debate on that basis, and to the Senat. The President of the European Central Bank and the other members of the Executive Board may, at the request of the Council of Deputies or on their own initiative, be heard by the competent bodies of the Council of Deputies.
CHAPTER VII
ORGANS OF EUROPEAN FEDERATION CONTROL AND FOR DEFENCE OF RIGHTS
The Court of Auditors
Article 169
(1) The Court of Auditors shall be the chief organ of European Federation audit.
(2) The Court of Auditors shall examine the accounts of all revenue and expenditure of the European Federation. It shall also examine the accounts of all revenue and expenditure of any body, office or agency set up by the European Federation.
(3) The Court of Auditors shall provide the Council of Deputies and the Senat with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions which shall be published in the Official Journal of the European Federation. This statement may be supplemented by specific assessments for each major area of European Federation activity.
(4) The Court of Auditors shall draw up an annual report after the close of each financial year. It shall be forwarded to the other institutions and shall be published, together with the replies of these institutions to the observations of the Court of Auditors, in the Official Journal of the European Federation.
(5) The Court of Auditors shall be subordinate to the Council of Deputies. It shall assist the Council of Deputies and the Senat in exercising their powers of control over the implementation of the budget. It shall adopt its Rules of Procedure. Those rules shall require the consent of the Council of Deputies.
(6) The Court of Auditors shall be empowered to carry out audits at all public and private entities that manage, receive, or implement funds of the European Federation, or that perform tasks financed from the budget of the European Federation. Such entities shall be required to provide the Court of Auditors with all documents and information necessary for the conduct of the audit.
Article 170
(1) It shall consist of one national of each Member State. Its members shall be completely
independent in the performance of their duties, in the European Federation’s general interest. Their independence must be beyond doubt. The members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective States to external audit bodies or who are especially qualified for this office.
(2) The members of the Court of Auditors shall be appointed for a term of six years. Their term of office shall be renewable. List of members and the composition of the Court of Auditors shall a adopt by European law. The Council of Deputies shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States of the European Federation which together hold at least 2/3 of votes in the Senat. The members of the Court of Auditors shall elect their President from among their number for a term of three years. He or she may be re-elected.
(3) In the performance of their duties, members of the Court of Auditors shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties.
(4) Members of the Court of Auditors shall not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.
(5) The following cannot belong to the Court of Auditors: members of the European Executive Council or a Member State Government, furthermore members of the Council of Deputies, the Senat, or any other popular representative body. Finally persons who are in the employ of or hold office in a political party cannot belong to the Court of Auditors.
(6) Anyone who during the preceding nine years has exercised one of the functions specified in paragraph 5 above cannot be appointed members of the Court of Auditors. A person who has completed their term of office in the Court of Auditors shall not, for a period of nine years from the date of termination of that term, hold any of the positions specified in paragraph 5.
(7) Apart from normal replacement, or death, the duties of a member of the Court of Auditors shall end when he or she resigns, or is compulsorily retired by a ruling of the Court of Justice of the European Federation pursuant to paragraph 8. The vacancy thus caused shall be filled for the remainder of the member’s term of office. Save in the case of compulsory retirement, members of the Court of Auditors shall remain in office until they have been replaced.
(8) A member of the Court of Auditors may be deprived of his or her office or of his or her right to a pension or other benefits in its stead only if the Court of Justice of the European Federation, at the request of the Court of Auditors, finds that he or she no longer fulfils the requisite conditions or meets the obligations arising from his or her office.
The European Ombudsman
Article 171
(1) The Council of Deputies shall elect a European Ombudsman for a term of 7 years. The European Ombudsman shall be eligible for reappointment. The Council of Deputies shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies.
(2) The following persons cannot be appointed as the European Ombudsman: members of the European Executive Council or a Member State government, members of the Council of Deputies, the Senate, or any other representative body elected by the people. Furthermore, persons who are employed by or hold office in a political party cannot be appointed as the European Ombudsman.
(3) Anyone who, during the preceding nine years, has held any of the positions specified in paragraph 2 above cannot be appointed as the European Ombudsman. A person who has completed their term as European Ombudsman shall not, for a period of nine years from the date of termination of that term, hold any of the positions specified in paragraph 2.
(4) The European Ombudsman may be dismissed by the Court of Justice of the European Federation at the request of the Council of Deputies if he or she no longer fulfils the conditions required for the performance of his or her duties or if he or she is guilty of serious misconduct.
(5) The European Ombudsman shall be completely independent in the performance of his or her duties. In the performance of those duties he or she shall neither seek nor take instructions from any institution, body, office or agency. The European Ombudsman shall not, during his or her term of office, engage in any other occupation, whether gainful or not.
(6) The European Ombudsman shall not be held liable for any acts or opinions connected with the performance of his or her functions.
(7) A European law shall lay down the regulations and general conditions governing the performance of the European Ombudsman’s duties.
Article 172
(1) A European Ombudsman shall receive examine and report on complaints about maladministration in the activities of the European Federation institutions, bodies, offices or agencies, under the conditions laid down in the Constitution. The European Ombudsman shall be completely independent in the performance of his or her duties.
(2) Any citizen of the European Federation and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the European Federation, with the exception of the Court of Justice of the European Federation acting in its judicial role.
(3) In accordance with his or her duties, the European Ombudsman shall conduct inquiries for which he or she finds grounds, either on his or her own initiative or on the basis of complaints submitted to him or her direct or through a member of the Council of Deputies, except where the alleged facts are or have been the subject of legal proceedings. Where the European Ombudsman establishes an instance of maladministration, he or she shall refer the matter to the institution, body, office or agency concerned, which shall have a period of three months in which to inform him or her of its views. The European Ombudsman shall then forward a report to the Council of Deputies and the institution, body, office or agency concerned. The person lodging the complaint shall be informed of the outcome of such inquiries. The European Ombudsman shall submit an annual report to the Council of Deputies on the outcome of his or her inquiries.
(4) The institutions, bodies and organisational units of the European Federation shall be required to provide the European Ombudsman with all documents and information necessary for the performance of his or her functions.
European Broadcasting Committee
Article 173
(1) The European Federation shall establish European Public Television (EPT – Eŭropa Publika Televido) and European Public Radio (EPR – Eŭropa Publika Radio) that shall operate exclusively in the Esperanto language. Esperanto language radio and television contribute to the dissemination of education and cultural development, to the free exchange of views and entertainment. They take into account the specificities of the European Federation and the needs of the Member States. They present events factually and appropriately reflect the diversity of views. The independence of Esperanto language radio and television and their autonomy in shaping programs are guaranteed.
(2) The European Broadcasting Committee:
1. safeguards freedom of speech, the right to information and the public interest in radio and television broadcasting in Esperanto;
2. designs, in consultation with the European Executive Council and the Senate, the direction of European policy in the field of Esperanto broadcasting;
3. specifies the conditions for the operation of radio and television broadcasters in Esperanto;
4. considers applications and makes decisions regarding the granting of licenses for the distribution of radio and television programs in Esperanto;
5. exercises control over the activities of broadcasters within the scope specified by European law;
6. organizes research into the content and reception of radio and television programs in Esperanto;
7. specifies the amount of fees for granting concessions and entry in the register;
8. gives opinions on draft legislative acts and international agreements concerning radio and television broadcasting in Esperanto;
9. initiates scientific and technical progress and training of personnel in the field of radio and television broadcasting in Esperanto;
10. cooperates with the relevant organizations and institutions in the field of protection of copyright, performers’ rights, producers’ rights and broadcasters of radio and television programs in Esperanto;
11. sets the subscription fee rates for the next calendar year;
12. distributes funds from the radio and television license fee;
13. grants licenses to broadcast television and radio signals in Esperanto;
14. receives complaints about programmes and imposes fines on broadcasters;
15. appoints the presidents of European Public Television (EPT – Eŭropa Publika Televido) and European Public Radio (EPR – Eŭropa Publika Radio) and the members of their supervisory boards;
16. organizes the radio and television election campaign and ensures political pluralism during the election period.
(3) The European Broadcasting Committee may issue regulations or, in individual cases, adopt resolutions.
(4) The European Broadcasting Committee adopts resolutions by a 2/3 majority of the statutory number of members.
(5) The European Broadcasting Committee adopts its rules of procedure.
Article 174
(1) The European Broadcasting Committee is composed of 15 members elected individually for a term of 9 years from among persons distinguished by their legal knowledge, with particular emphasis on audiovisual, press, and telecommunications law. Re-election is not permitted. No Member State may have more than one representative on the European Broadcasting Committee, and each region of the European Federation must have at least three representatives on the European Broadcasting Committee (Article 124(4)).
(2) Three members are appointed by the President of the Federation. The remaining 12 members are appointed by the President of the European Federation on request of the Council of Deputies for 4 members, of the Senat for 4 members, of the Court of Auditors for 2 members and of the Court of Justice of the European Federation for 2 members. The Council of Deputies shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States of the European Federation which together hold at least 2/3 of votes in the Senat. The Court of Auditors and the Court of Justice of the European Federation shall act by a majority of at least 3/5 of their members. Administrative officials on active service who are appointed members shall be exempted, with their pay terminating, from all official duties.
(3) The President of the European Federation shall refuse to appoint a candidate if it is established that the candidate does not meet the requirements set out in paragraphs 1, 5 or 6 of this Article, or that the nomination of the candidate was made in breach of the procedural requirements laid down in the Constitution. The refusal shall be issued in written form, together with a statement of reasons, within 14 days from the date of receipt of the nomination. With respect to paragraph 1, the President of the European Federation shall examine only the fulfilment of the qualification requirements referred to in the first sentence.
(4) The statement of reasons for the refusal shall be subject to review by the Court of Justice of the European Federation. If no refusal is issued within the prescribed time limit, the President of the European Federation shall proceed with the appointment. The lodging of a complaint before the Court of Justice of the European Federation shall not suspend the obligation to make the appointment, unless the Court of Justice of the European Federation decides otherwise.
(5) The following cannot belong to the European Broadcasting Committee: members of the European Executive Council or a Member State Government, furthermore members of the Council of Deputies, the Senat, or any other popular representative body. Finally persons who are in the employ of or hold office in a political party cannot belong to the European Broadcasting Committee.
(6) Anyone who during the preceding nine years has exercised one of the functions specified in para. 5 above cannot be appointed members of the European Broadcasting Committee. A person who has completed their term of office in the European Broadcasting Committee shall not, for a period of nine years from the date of termination of that term, hold any of the positions specified in paragraph 5.
(7) The provisions of Article 174, paragraphs 5 and 6 shall apply accordingly to the persons referred to in Article 173, paragraph 2, point 15.
Article 175
The principles and procedures for the operation of the European Broadcasting Committee, its organisation and detailed rules for appointing its members shall be specified by european law.
CHAPTER VIII
THE JUDICIARY
Article 176
(1) Judicial power in the European Federation shall be exercised by independent and impartial courts, in particular the Court of Justice of the European Federation, the European courts of final instance and the courts of the Member States.
(2) The European courts shall adjudicate on matters arising from this Constitution, European law and agreements concluded on behalf of the European Federation, within the scope of this Constitution and European laws.
(3) The Court of Justice of the European Federation is the highest judicial authority of the European Federation in matters of constitutional and public law. The detailed scope of its jurisdiction is defined in Article 184.
(4) The courts of the Member States shall have jurisdiction in matters arising from the law of the Member States and in criminal matters, unless this Constitution or a European law provides otherwise. Criminal proceedings shall be brought in the Member State in whose territory the act was committed, unless a European law determines jurisdiction for acts committed outside the territory of the Member States.
(5) In order to ensure the uniform application of European law, the courts of Europe and the courts of the Member States may, and in the cases provided for in this Constitution shall be required, to submit to the Court of Justice of the European Federation a question of law concerning the interpretation of the Constitution, European law or the conformity of a normative act with the Constitution.
Article 177
(1) Judges, within the exercise of their office, shall be independent and subject only to the Constitution and statutes.
(2) Judges shall be provided with appropriate conditions for work and granted remuneration consistent with the dignity of their office and the scope of their duties.
(3) A judge shall not belong to a political party, a trade union or perform public activities incompatible with the principles of independence of the courts and judges.
Article 178
(1) Judges shall not be removable.
(2) Recall of a judge from office, suspension from office, transfer to another bench or position against his will, may only occur by virtue of a court judgment and only in those instances prescribed in statute.
(3) A judge may be retired as a result of illness or infirmity which prevents him discharging the duties of his office. The procedure for doing so, as well as for appealing against such decision, shall be specified by statute.
(4) A statute shall establish an age limit beyond which a judge shall proceed to retirement.
(5) Where there has been a reorganization of the court system or changes to the boundaries of court districts, a judge may be allocated to another court or retired with maintenance of his full remuneration.
(6) A judge shall not, without prior consent granted by a court specified by statute, be held criminally responsible nor deprived of liberty. A judge shall be neither detained nor arrested, except for cases when he has been apprehended in the commission of an offence and in which his detention is necessary for securing the proper course of proceedings. The president of the competent local court shall be forthwith notified of any such detention and may order an immediate release of the person detained.
Article 179
(1) The legal status of judges of European courts of final instance and of judges of European courts established under Article 182 shall be regulated by a separate European law.
(2) If a judge referred to in paragraph 1, whether in the exercise of his or her duties or otherwise, violates the fundamental principles of this Constitution or the constitutional order of a Member State, the Court of Justice of the European Federation may, upon application by the Chamber of Deputies, order the transfer of that judge to another office or his or her retirement. In the event of wilful misconduct, the judge may be dismissed from office.
(3) The provisions of Article 188, paragraphs 6 and 7, shall apply accordingly to the judges referred to in paragraph 1.
(4) The legal status of the judges in the Member States shall be regulated by special Member State laws.
Article 180
A Member State law may assign the decision of constitutional disputes within a Member State to the Court of Justice of the European Federation, and the final decision in matters involving the application of Member State law to the supreme courts specified in paragraph (1) of Article 181.
Article 181
(1) With regard to matters subject to European jurisdiction in the fields of ordinary, administrative, financial, labor, and social justice, the European Federation shall establish European courts of final instance.
(2) The appointment of judges to these European courts of final instance shall be decided by the European Council of the Judiciary, which is a collegial body. Decisions of the European Council of the Judiciary regarding judicial appointments shall be made by a majority of at least 2/3 of votes, with at least half of the statutory number of members present. Organizational matters shall be decided by a simple majority of votes, also with at least half of the statutory number of members present.
(3) The European Council of the Judiciary shall consist of:
a) Ministers responsible for justice from each Member State,
b) The Minister of Justice of the European Federation,
c) Members elected by the Council of Deputies in a number equal to the sum of persons indicated in points (a) and (b), for the duration of its term, chosen from among its members according to the principle of proportional representation of political groups;
d) Members elected by the Court of Justice of the European Federation in a number equal to the sum of persons indicated in points (a) and (b), chosen from among judges of the constitutional courts of the Member States, with no more than one from any given Member State, and one from among the judges of the Court of Justice of the European Federation, for the duration of their service in those constitutional courts. The Court of Justice of the European Federation shall elect these members by a majority of at least two-thirds of the judges present at the session, in a secret ballot. In the case of Member States which do not have a constitutional court, judges of the constitutional court shall be deemed to be judges of the highest national courts or other bodies exercising an equivalent function in the field of constitutional review.
(4) The members referred to in paragraph 3(c) shall be selected from individuals distinguished by their legal expertise.
(5) The principles and procedures governing the operation of the European Council of the Judiciary, its organization, and the detailed rules for appointing its members shall be defined by a European constitutional law.
(6) To ensure the uniformity of European judicial rulings, a joint chamber shall be established for the courts referred to in paragraph 1. Details shall be specified by European law.
Article 182
(1) The European Federation may establish a european court for matters concerning industrial property rights.
(2) The European Federation may establish european military criminal courts for the European Armed Forces. These courts may exercise criminal jurisdiction only during a martial law or over members of the European Armed Forces serving abroad or on board warships. Details shall be regulated by a European law. These courts shall be under the aegis of the Minister of Justice. Their full-time judges shall be persons qualified to hold judicial office.
(3) The European Federation may establish as the supreme court of review from the courts designated in paragraphs (1) and (2) of this Article.
(4) The European Federation may establish european courts for disciplinary proceedings against, and for proceedings on complaints by, persons in the european public service.
(5) The judges of the courts referred to in this Article shall be appointed by the European Council of the Judiciary in accordance with the principles set out in Article 181 paragraph 2.
Article 183
(1) If a court concludes that a law on whose validity its decision depends is unconstitutional, the proceedings shall be stayed, and a decision shall be obtained from the Member State court with jurisdiction over constitutional disputes where the constitution of a Member State is held to be violated, or from the Court of Justice of the European Federation where this Constitution is held to be violated. This provision shall also apply where the Constitution is held to be violated by Member State law and where a Member State law is held to be incompatible with a European law.
(2) If, in the course of litigation, doubt exists whether a rule of international law is an integral part of european law and whether it directly creates rights and duties for the individual (Article 12), the court shall obtain a decision from the Court of Justice of the European Federation.
(3) If the constitutional court of a Member State, in interpreting this Constitution, proposes to deviate from a decision of the Court of Justice of the European Federation or of the constitutional court of another Member State, it shall obtain a decision from the Court of Justice of the European Federation.
Article 183a
(1) Any court of a Member State or a european court may submit to the Court of Justice of the European Federation a question of law concerning the compatibility of a legislative act with this Constitution, a european law or a ratified international agreement, if the decision in a case pending before that court depends on the answer.
(2) The submission of a question of law shall suspend the proceedings until the Court of Justice of the European Federation has issued a ruling.
(3) The Court of Justice of the European Federation shall examine a question of law in an expedited procedure if the protection of individual rights or the uniform application of European law so requires.
(4) The detailed rules for submitting questions of law shall be laid down in european constitutional law.
Article 183b
(1) In order to protect the legal order of the European Federation and its fundamental interests, a European Public Prosecutor’s Office may be established as an organ of the European Federation.
(2) The European Public Prosecutor’s Office is a prosecutorial body, independent in the exercise of its statutory powers and operates on the basis of the Constitution and european laws.
(3) The scope of competence of the European Public Prosecutor’s Office covers only:
1. crimes affecting the financial interests of the European Federation,
2. crimes affecting the security of the European Federation, if they have a cross-border or federal dimension and are expressly defined in european constitutional law,
3. other offences, insofar as this Constitution expressly provides for them.
(4) The European Public Prosecutor’s Office shall carry out its tasks in close cooperation with the law enforcement authorities of the Member States, while respecting their constitutional and procedural systems.
(5) The procedural activities of the European Public Prosecutor’s Office carried out in the territory of a Member State shall be governed by the law of that State, unless a European law adopted pursuant to this Constitution provides otherwise.
(6) The European Public Prosecutor’s Office shall bring and defend prosecutions before the competent courts of the Member States or before the courts of the European Federation, in accordance with the jurisdiction laid down in the Constitution and European laws.
(7) The system, organisation, procedure, appointment and dismissal of the european prosecutors and the guarantees of their independence shall be laid down by a European constitutional law. This law may also establish the European Public Prosecutor’s Office’s own investigative bodies, specifying the scope of their powers and the rules for cooperation with the law enforcement authorities of the Member States.
(8) The European Public Prosecutor General shall be appointed for a term of 9 years, without the possibility of re-election. The European Public Prosecutor General is appointed and dismissed by the European Council of the Judiciary by a majority of at least 2/3 of the votes cast in the presence of at least half of the statutory number of members, or at the request of the Council of Deputies by a majority of at least 2/3 of the votes cast in the presence of at least half of the statutory number of members.
(9) The european prosecutors shall be appointed by the European Council of the Judiciary by a majority of at least 2/3 of the votes cast, with at least half of the statutory number of members present, on a proposal from the European Public Prosecutor General, for a term of 7 years, renewable once.
(10) The composition of the European Public Prosecutor’s Office shall reflect an equal representation of the regions of the European Federation referred to in Article 124 paragraph 4.
(11) The provisions of Article 188 paragraph 6-9 and Articles 177, 178 and 179 shall apply mutatis mutandis to the European Public Prosecutor’s Office.
(12) The establishment or extension of the competences of the European Public Prosecutor’s Office requires a European constitutional law.
The Court of Justice of the European Federation
Article 184
(1) The Court of Justice of the European Federation shall rule:
1. on the interpretation of this Constitution in the event of disputes concerning the extent of the rights and duties of a supreme european body or of other parties vested with rights of their own by this Constitution or by the rules of procedure of a supreme european body;
2. in the event of disagreements or doubts concerning the formal or substantive compatibility of european law or Member State law with this Constitution, or the compatibility of Member State law with other european law, on application of the European Executive Council, of a Member State government, or of 70 of the Members of the Council of Deputies;
3. in the event of disagreements whether a law meets the requirements of paragraph (2) of Article 141, on application of the Senat or of the government or legislature of a Member State;
4. in the event of disagreements concerning the rights and duties of the European Federation and the Member States, especially in the execution of european law by the Member States and in the exercise of european oversight;
5. on other disputes involving public law between the European Federation and the Member States, between different Member States, or within a Member State, unless there is recourse to another court;
6. on constitutional complaints, which may be filed by any person alleging that one of his basic rights or one of his rights under paragraph (3) of Article 9 or under Article 28, 44, 45, 71, 72, 73, 74, 80 or 82 has been infringed by public authority;
7. on constitutional complaints filed by local government on the ground that their right to self-government under Article 14 has been infringed by a law; in the case of infringement by a Member State law, however, only if the law cannot be challenged in the constitutional court of the Member State;
8. in the other instances provided for in this Constitution.
(2) At the request of the Senat, a Member State government or the parliamentary assembly of a Member State, the Court of Justice of the European Federation shall also rule whether in cases falling under paragraph (3) of Article 141 the need for a regulation by european law does not exist any longer. The Court’s determination that the need has ceased to exist or that european law could no longer be enacted substitutes a european law according to paragraph (3) of Article 141. A request under the first sentence is admissible only if a bill falling under paragraph (3) of Article 141 has been rejected by the Council of Deputies or if it has not been considered and determined upon within one year, or if a similar bill has been rejected by the Senat.
(3) The Court of Justice of the European Federation shall also rule on such other matters as shall be assigned to it by a european law.
Article 184a
(1) The Court of Justice of the European Federation shall rule on the compatibility of the purposes or activities of political parties with this Constitution.
(2) The following may submit a motion:
1. The President of the European Federation,
2. The European Executive Council,
3. The Senate,
4. 70 members of the Council of Deputies,
5. The Parliament of a Member State,
6. The Government of a Member State.
(3) If the aims or activities of a political party are found to be incompatible with the Constitution, the Court of Justice of the European Federation shall rule on the prohibition of its activities.
(4) The detailed rules of procedure shall be laid down in a european constitutional law.
Article 184b
(1) In cases referred to in Article 184 paragraph 1 point 2, the following may also submit an application to the Court of Justice of the European Federation:
1. pan-European trade union bodies,
2. pan-European authorities of employers’ organizations,
3. pan-European professional organizations,
4. churches and other religious associations,
5. social organizations operating in at least 1/3 of the Member States.
(2) The entities referred to in paragraph 1 may submit an application if the normative act concerns matters falling within their scope of activity.
(3) The detailed rules of procedure shall be laid down in a european constitutional law.
Article 185
(1) Judgments of the Court of Justice of the European Federation shall be of universally binding application and shall be final.
(2) Judgments of the Court of Justice of the European Federation in cases referred to in Articles 184 and 186 shall be published in the Official Journal of the European Federation and in the official electronic Register of Judgments of the Court of Justice of the European Federation, maintained by the Court. Publication shall take place no later than 72 hours from the moment the judgment is issued by the Court of Justice of the European Federation.
(3) In the event that a judgment is not published in the Official Journal of the European Federation within the period specified in paragraph 2, the judgment shall enter into force upon its public disclosure in the official electronic Register of Judgments of the Court of Justice of the European Federation. The obligation for its immediate publication in the Official Journal of the European Federation shall remain in force.
(4) Deliberate or grossly negligent failure to comply with the obligation to publish a judgment within the period specified in paragraph 2 shall constitute a violation of the Constitution and shall entail constitutional and criminal liability for the person responsible, in accordance with European law.
(5) A judgment of the Court of Justice of the European Federation shall take effect from the day of its publication, however, the Court of Justice of the European Federation may specify another date for the end of the binding force of a normative act. Such time period may not exceed 545 days in relation to a statute or 365 days in relation to any other normative act. Where a judgment has financial consequences not provided for in the Budget, the Court of Justice of the European Federation shall specify date for the end of the binding force of the normative act concerned, after seeking the opinion of the European Executive Council, which shall be submitted within 30 days of receipt of the request. Failure to submit the opinion within this period shall not suspend the proceedings.
(6) A judgment of the Court of Justice of the European Federation on the non-conformity to the Constitution, an international agreement or statute, of a normative act on the basis of which a legally effective judgment of a court, a final administrative decision or settlement of other matters was issued, shall be a basis for reopening proceedings, or for quashing the decision or other settlement in a manner and on principles specified in provisions applicable to the given proceedings.
(7) Judgments of the Court of Justice of the European Federation shall be made by a majority of votes.
Article 186
(1) The Court of Justice of the European Federation pronounces on suits which predicate the constitutional responsibility of the highest European Federation and Member State authorities for legal contraventions culpably ensuing from their official activity.
(2) Suit can be brought:
1. against the President of the European Federation, for contravention of the Constitution: by a vote of the Council of Deputies or the Senat;
2. against members of the European Executive Council and the authorities placed with regard to
responsibility on an equal footing with them, for contravention of the law: by a vote of the
Council of Deputies;
3. against a Prime Minister of that Member State or a member of the Member State Government (art. 145, art. 146 and art. 147), for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the European Federation in matters pertaining to the indirect european administration, in the case of a member of the Member State Government also with regard to instructions from the Prime Minister of that Member State in these matters: by a vote of the European Executive Council;
4. against members of a Member State Government for obstruction of the powers pursuant to Art. 146 para. 3 and Art. 147 para. 4: by a vote of the Council of Deputies or the European Executive Council.
(3) If pursuant to para. 2 sub-para. 3 above the European Executive Council brings a suit only against a Prime Minister of that Member State, and it is shown that another member of the Member State Government concerned with matters pertaining to the indirect european administration is guilty of an offence within the meaning of para. 2 sub-para. 3 above, the European Executive Council can at any time pending the passing of judgment widen its suit to include this member of the Member State Government.
(4) The condemnation by the Court of Justice of the European Federation shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. In the case of minor legal contraventions in the instances mentioned in para. 2 sub-paras. 3 and 4 above the Court of Justice of the European Federation can confine itself to the statement that the law has been contravened.
Article 187
A suit can be brought against the persons mentioned in Art. 183 also on the score of actions
involving penal proceedings connected with the activity in office of the individual to be arraigned. In this case competence lies exclusively with the Court of Justice of the European Federation; any investigation already pending in the ordinary criminal courts devolves upon it. The Court of Justice of the European Federation can in such cases, in addition to Art. 183 para. 4, apply the provisions of the criminal law.
Article 188
(1) The Court of Justice of the European Federation consists of a President, a Vice-President, and thirteen additional members. Member of the Court of Justice of the European Federation shall be appointed for 9 years and re-election is inadmissible. No Member State can not have more than one representative on the Court of Justice of the European Federation and each region of the European Federation must have at least three representatives on the Court of Justice of the European Federation (Article 124 par. 4).
(2) The President and the Vice-President are appointed by the President of the European Federation from among judges, administrative officials, and professors holding a chair in law. The remaining 13 members are appointed by the President of the European Federation on request of the Council of Deputies for 7 members and of the Senat for 6 members. The Council of Deputies shall act by a majority of at least 2/3 of votes in the presence of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States of the European Federation which together hold at least 2/3 of votes in the Senat. Administrative officials on active service who are appointed members shall be exempted, with their pay terminating, from all official duties.
(3) The President of the European Federation shall refuse to appoint a candidate if it is established that the candidate does not meet the requirements set out in paragraphs 5, 6 or 7 of this Article, or that the nomination of the candidate was made in breach of the procedural requirements laid down in the Constitution. The refusal shall be issued in written form, together with a statement of reasons, within 14 days from the date of receipt of the nomination.
(4) The statement of reasons for the refusal shall be subject to review by the Court of Justice of the European Federation. If no refusal is issued within the prescribed time limit, the President of the European Federation shall proceed with the appointment. The lodging of a complaint before the Court of Justice of the European Federation shall not suspend the obligation to make the appointment, unless the Court of Justice of the European Federation decides otherwise.
(5) The President, the Vice-President and the other members must be graduates of the studies in legal sciences or of law and political science and for at least ten years have held a professional appointment which prescribes the graduation in these studies.
(6) The following cannot belong to the Court of Justice of the European Federation: members of the European Executive Council or a Member State Government, furthermore members of the Council of Deputies, the Senat, or any other popular representative body; for members of these representative bodies who have been elected for a fixed term of legislation or office such incompatibility continues until the expiry of that term of legislation or office. Finally persons who are in the employ of or hold office in a political party cannot belong to the Court of Justice of the European Federation.
(7) No person who has held a position specified in paragraph 6 within the last nine years may be appointed as a member of the Court of Justice of the European Federation. A person who has completed their term of office in the Court of Justice of the European Federation shall not, for a period of nine years from the date of termination of that term, hold any of the positions specified in paragraph 6.
(8) Articles 177, 178 and 179 apply to members of the Court of Justice of the European Federation; detailed provisions will be prescribed in the european constitutional law to be promulgated pursuant to para. 10 above. The 31 December of the year in which a judge completes his seventieth year of life is fixed as the age limit on whose attainment his term of office ends.
(9) If a member disregards without satisfactory excuse three successive requests to attend a hearing of the Court of Justice of the European Federation, the Court of Justice of the European Federation shall formally establish the fact after listening to his testimony. Establishment of the fact entails loss of membership or the status of substitute membership.
(10) Detailed provisions about the organization and procedure of the Court of Justice of the European Federation will be prescribed by a european constitutional law and in Standing Orders to be voted by the Court of Justice of the European Federation on the basis of this.
CHAPTER IX
EXTRAORDINARY MEASURES
Article 189
(1) In situations of particular danger, if ordinary constitutional measures are inadequate, any of the following appropriate extraordinary measures may be introduced: martial law, a state of emergency or a state of natural disaster.
(2) Extraordinary measures may be introduced only by regulation, issued upon the basis of statute, and which shall additionally require to be publicized.
(3) The principles for activity by organs of public authority as well as the degree to which the freedoms and rights of persons and citizens may be subject to limitation for the duration of a period requiring any extraordinary measures shall be established by law.
(4) A law may specify the principles, scope and manner of compensating for loss of property resulting from limitation of the freedoms and rights of persons and citizens during a period requiring introduction of extraordinary measures.
(5) Actions undertaken as a result of the introduction of any extraordinary measure shall be proportionate to the degree of threat and shall be intended to achieve the swiftest restoration of conditions allowing for the normal functioning of the Member State or European Federation.
(6) During a period of introduction of extraordinary measures, the following shall not be subject to change: the Constitution of the European Federation and the constitution Member State, Acts on Elections to the Council of Deputies, the parliament Member State and organs of local government, the Act on Elections to the Presidency, as well as laws on extraordinary measures.
(7) During a period of introduction of extraordinary measures, as well as within the period of 90 days following its termination, the term of office of the Council of Deputies and parliament Member State may not be shortened, nor may a referendum, nor elections to the Council of Deputies, parliament Member State, organs of local government nor elections for the Presidency be held, and the term of office of such organs shall be appropriately prolonged. Elections to parliament Member State and organs of local government and referendum shall be possible only in those places where the extraordinary measures have not been introduced.
(8) Should it be necessary for the Council of Deputies to elect a new President of the European Executive Council, it shall do so by the votes of a majority of its members; the President of the European Federation shall propose a candidate to the Council of Deputies. The Council of Deputies may express its lack of confidence in the President of the European Executive Council only by electing a successor by a 2/3 majority of its members.
Article 190
In the case of external threats to the European Federation, acts of armed aggression against the territory of the European Federation or when an obligation of common defence against aggression arises by virtue of international agreement, the President of the European Federation may, on request of the European Executive Council, declare a state of martial law in a part of or upon the whole territory of the European Federation.
Article 191
(1) In the case of threats to the constitutional order of the Member State or European Federation, to security of the citizenry or public order, the Member State may introduce for a definite period no longer than 90 days, a state of emergency in a part of or upon the whole territory of the Member State.
(2) Member State may call for the assistance of police forces of other Member States or of personnel and facilities of other administrative authorities, of the European Border Guard, or of the European Armed Forces to assist its police when without such assistance the police could not fulfil their responsibilities to maintain or restore public security or order, or could do so only with great difficulty.
(3) If the constitutional order of the Member State or European Federation, to security of the citizenry or public order endangers the territory of more than one Member State, the European Executive Council, insofar as is necessary to combat the danger, may instruct the Member State governments to place police forces at the disposal of other Member States, and may deploy units of the European Border Guard, or of the European Armed Forces to support the police. Measures taken by the European Executive Council pursuant to the first sentence of this paragraph shall be rescinded at any time at the demand of the Senat, and in any event as soon as the danger is removed.
(4) If the constitutional order of the Member State or European Federation, to security of the citizenry or public order endangers the territory of more than one Member State and the measures taken in accordance with paragraphs 1,2 and 2 of this Article are insufficient, at the time European Executive Council may, if it is necessary for effective eradication, introduce for a definite period no longer than 90 days, a european state of emergency in a part of or upon the whole territory of the European Federation. The European Executive Council acts on the request of the parliament of the Member State and if is unable to assemble for a sitting, at the request of the government of the Member State. Extension of a european state of emergency may be made once only for a period no longer than 60 days and with the consent of the Senat. The European Executive Council, insofar as is necessary to combat the danger, may instruct the Member State governments to place police forces at the disposal of European Federation or other Member States, and may deploy units of the European Border Guard, or of the European Armed Forces to support the police. Measures taken by the European Executive Council pursuant to paragraph 4 shall be rescinded at any time at the demand of the Senat, and in any event as soon as the danger is removed.
Article 192
The President of the European Federation shall submit the regulation on the introduction of martial law or a european state of emergency to the Council of Deputies and Senat within 48 hours of signing such regulation. The Council of Deputies and Senat shall immediately consider the regulation of the President of the European Federation. The Council of Deputies, by an absolute majority of votes taken in the presence of at least half the statutory number of Deputies with the consent of the Senat, may annul the regulation of the President of the European Federation.
Article 193
(1) In order to prevent or remove the consequences of a natural catastrophe or a technological accident exhibiting characteristics of a natural disaster, the Member State may introduce, for a definite period no longer than 30 days, a state of natural disaster in a part of or upon the whole territory of the Member State. An extension of a state of natural disaster may be made with the consent of the parliament of the Member State.
(2) In the case of natural disasters Member State may call for the assistance of police forces
of other Member State or of personnel and facilities of other administrative authorities, of the European Border Guard, or of the European Armed Forces.
(3) If the consequences of a natural catastrophe or a technological accident exhibiting characteristics of a natural disaster endangers the territory of more than one Member State, the European Executive Council, insofar as is necessary to combat, the prevent or remove the consequences, may introduce, for a definite period no longer than 30 days, a european state of natural disaster in a part of or upon the whole territory of the European Federation. The European Executive Council acts on the request of the parliament of the Member State and if is unable to assemble for a sitting, at the request of the government of the Member State. An extension of a european state of natural disaster may be made with the consent of the Council of Deputies and Senat. The European Executive Council, insofar as is necessary to combat the danger, may instruct the Member State governments to place police forces at the disposal of European Federation or other Member States, and may deploy units of the European Border Guard, or of the European Armed Forces to support the police. Measures taken by the European Executive Council pursuant to paragraph 3 shall be rescinded at any time at the demand of the Senat, and in any event as soon as the danger is removed.
Article 194
(1) The European Federation shall have the right to legislate concurrently for a martial law even with respect to matters within the legislative powers of the Member State.
(2) To the extent necessary to repel an existing or imminently threatened attack, a european law for a martial law may regulate the administration and finances of the European Federation and the Member State without regard to Titles V and VI of this Constitution, provided that the viability of the Member States and local government, especially with respect to financial matters, is assured.
Article 195
(1) During a martial law the european legislative process shall be governed by the provisions of paragraph (2) of this Article without regard to the provisions of paragraph (3) of Article 101 and Article 102.
(2) European Executive Council bills that the Government designates as urgent shall be forwarded to the Senat at the same time as they are submitted to the Council of Deputies. The Council of Deputies and the Senat shall debate such bills in joint session without delay. Details shall be regulated by rules of procedure adopted by the Council of Deputies and requiring the consent of the Senat.
Article 196
(1) During a martial law the European Executive Council, to the extent circumstances require, may:
1. employ the European Border Guard throughout the European Federation territory;
2. issue instructions not only to european administrative authorities but also to Member State governments and, if it deems the matter urgent, to Member State authorities, and may delegate this power to members of Member State governments designated by it.
(2) The Council of Deputies, the Senat and the President of the European Federation shall be informed without delay of the measures taken in accordance with paragraph (1) of this Article.
Article 197
Neither the constitutional status nor the performance of the constitutional functions of the Court of Justice of the European Federation or its judges may be impaired. The law governing the Court of Justice of the European Federation may be amended by a european law only insofar as the Court of Justice of the European Federation agrees is necessary to ensure that it can continue to perform its functions. Pending the enactment of such a european law, the Court of Justice of the European Federation may take such measures as are necessary to this end. Determinations by the Court of Justice of the European Federation pursuant to the 2 and 3 sentences of this Article shall be made by a majority of the judges present.
Article 198
(1) If the competent european bodies are incapable of taking the measures necessary to avert the danger pursuant to the Article 190, and if the situation imperatively calls for immediate independent action in particular areas of the European Federation territory, the Member State governments or the authorities or representatives they designate shall be authorised, within their respective spheres of competence, to take the measures provided for in paragraph (1) of Article 196.
(2) Any measures taken in accordance with paragraph (1) of this Article may be rescinded at any time by the European Executive Council, or, with respect to Member State authorities and subordinate european authorities, by Prime Ministers of the Member States.
Article 199
(1) The european law specifying the scope of limitation of the freedoms and rights of persons and citizens in times of martial law and states of emergency shall not limit the freedoms and rights specified in Article 25 (the dignity of the person), Article 9 and Article 70 (citizenship), Article 26 (protection of life), Article 27 and Article 28 (humane treatment), Article 72 and Article 73 (ascription of criminal responsibility), Article 71 (access to a court), Article 31 (personal rights), Article 34 (conscience and religion), Article 66 and Article 68 (petitions), as well as Article 48 and Article 57 (family and children).
(2) Limitation of the freedoms and rights of persons and citizens only by reason of race, gender, language, faith or lack of it, social origin, ancestry or property shall be prohibited.
(3) The european law specifying the scope of limitations of the freedoms and rights of persons and citizens during states of natural disasters may limit the freedoms and rights specified in Article 40 (freedom of economic activity), Article 27, paras. 1 and Article 30 (personal freedom), Article 31 (inviolability of the home), Article 69 (freedom of movement and sojourn on the territory of the European Federation), Article 52 (the right to strike), Article 41 (the right of ownership), Article 39 (freedom to work), Article 55, para. 1 (the right to fair and just working conditions) as well as Article 55, para. 2 (the right to rest).
Article 200
(1) Whenever, during a period of martial law, the Council of Deputies or the Senat is unable to assemble for a sitting, the President of the European Federation shall, on application of the European Executive Council, and within the scope and limits specified in Article 189, paras. 3-5, issue regulations having the force of european law. Such regulations must be approved by the Council of Deputies and the Senat at its next sitting.
(2) The regulations, referred to in para.1 above shall have the character of universally binding law.
Article 201
(1) Laws enacted in accordance with Articles 198, 201 and 204, as well as statutory instruments issued on the basis of such laws, shall suspend the operation of incompatible law so long as they are in effect. This provision shall not apply to earlier law enacted pursuant to Articles 194, 197 and 200.
(2) Laws adopted in accordance with the Article 200, as well as statutory instruments issued on the basis of such laws, shall cease to have effect no later than six months after the termination of a martial law.
(3) Laws containing provisions that diverge from Articles 156, 157 and 158 shall apply no longer than the end of the second fiscal year following the termination of a martial law. After such termination they may be amended by a european law so as to revert to the provisions of Chapter VI.
Article 202
(1) The Council of Deputies, with the consent of the Senat, may at any time repeal laws enacted in accordance with Article 200. The Senat may demand that the Council of Deputies reach a decision on this question. Any measures taken by the President of the European Federation or by the European Executive Council to avert a danger shall be rescinded if the Council of Deputies and the Senat so decide.
(2) The Council of Deputies, with the consent of the Senat, may at any time, by a decision to be promulgated by the President of the European Federation, declare a martial law terminated. The Senat may demand that the Council of Deputies reach a decision on this question. A martial law shall be declared terminated without delay if the conditions for determining it no longer exist.
(3) The conclusion of peace shall be determined by a european law.
CHAPTER X
AMENDING THE CONSTITUTION
Article 203
(1) A bill to amend the Constitution may be submitted by the following: at least 1/5 of the statutory number of Deputies, the Senat or the President of the European Federation.
(2) Amendments to the Constitution shall be made by means of a statute adopted by the Council of Deputies and, thereafter, adopted in the same wording by the Senat within a period of 60 days and then within no more than 180 days by the parliaments of the Member States.
(3) The first reading of a bill to amend the Constitution may take place no sooner than 30 days after the submission of the bill to the Council of Deputies.
(4) A bill to amend the Constitution shall be adopted by the Council of Deputies by a majority of at least 2/3 of votes in the presence of at least 3/4 of the statutory number of Deputies, by the Senat by a majority of at least 2/3 of the Member States of the European Federation which together hold at least 2/3 of votes in the Senat and then the decision of the parliament at least 3/4 of the Member States, which together according to the last census count at least 65% of the total population of all the Member States of the European Federation.
(5) After conclusion of the procedures specified in paras 4 above, the President of the Council of Deputies shall submit the adopted statute to the President of the European Federation for signature. The President of the European Federation shall sign the statute within 21 days of its submission and order its promulgation in the Official Journal of the European Federation.
Article 204
Amendments to this Constitution affecting the participation on principle in the legislative process the Member States or leading to the financial imbalance between the European Federation and the Member States or the principles laid down in Articles 1 and 25 shall be inadmissible.
CHAPTER XI
TRANSITIONAL AND CONCLUDING PROVISIONS
Article 205
Within a period of 2 years from the day on which the Constitution comes into force, the European Executive Council shall present to the Council of Deputies such bills as are necessary for the implementation of the Constitution.
Article 206
(1) The term of office of constitutional organs of public power and the individuals composing them, whether elected or appointed before the coming into force of the Constitution, shall end with the completion of the period specified in provisions valid before the day on which the Constitution comes into force.
(2) In the event that provisions valid prior to the entry into force of the Constitution do not specify any such term of office, and from the election or appointment there has expired a period longer than that specified in the Constitution, the constitutional term of office of organs of public power or individuals composing them shall end one year after the day on which the Constitution comes into force.
(3) If provisions valid before to the entry into force of the Constitution do not specify any such term of office, and from the day of election or appointment there has expired a period shorter than that specified in the Constitution, the time for which such organs or individuals shall serve in accordance with existing provisions shall be included in the term of office specified in the Constitution.
(4) The activities of the European Committee of the Regions and European Economic and Social Committee shall end one month after the entry into force of the Constitution.
Article 207
Within two year of the day on which the Constitution comes into force, the Budget may allow for the covering of the budget deficit by contracting debt in the European Central Bank.
Article 208
(1) The European Executive Council shall, within 2 years of the coming into force of the Constitution, present to the Council of Deputies a list of international agreements containing provisions not in conformity to the Constitution.
(2) Subject to all rights and objections of interested parties, treaties concluded by the Member States concerning matters within the legislative competence of the European Federation under this Constitution shall remain in force, provided they are and continue to be valid under general principles of law, until new treaties are concluded by the authorities competent under this Constitution, or until they are in some other way terminated pursuant to their provisions.
(3) Subject to all rights and objections of interested parties, treaties concluded by the European Federation concerning matters within the legislative competence of the Member States under this Constitution shall remain in force, provided they are and continue to be valid under general principles of law, until new treaties are concluded by the authorities competent under this Constitution, or until they are in some other way terminated pursuant to their provisions.
Article 209
Law regarding matters subject to the exclusive legislative power of the European Federation shall become european law in the area in which it applies.
Article 210
Disagreements concerning the continued applicability of law as european law shall be resolved by the Court of Justice of the European Federation.
Article 211
Insofar as such assets were originally intended to be used principally for administrative tasks not entrusted to the Member States under this Constitution, they shall be transferred without compensation to the authorities now entrusted with such tasks and to the extent that such assets are now being used, not merely temporarily, for administrative tasks that under this Constitution are now performed by the European Federation, they shall be transferred to the European Federation. The Member States may also transfer other assets to the European Federation. Details shall be regulated by a european law.
Article 212
Until the election of the first President of the European Federation, his powers shall be exercised by the President of the Senat. He shall not have authority to dissolve the Council of Deputies.
Article 213
(1) Notwithstanding anything in Article 8, for a period of ten years from the commencement of this Constitution, the languages mentioned from Article 8 paragraph 2 shall continue to be used for all the official purposes of the European Federation for which it was being used immediately before such commencement.
(2) At the request of the European Executive Council, the period referred to in paragraph 1 may be extended once for another five years, provided that the consent of the Council of Deputies is obtained by a 2/3 majority of votes in the presence of at least half of the statutory number of deputies, and by the Senate by a majority of at least 2/3 of the Member States which collectively hold at least 2/3 of the votes in the Senate.
Article 214
The following are hereby repealed:
- Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community,
- Treaty on the Functioning of the European Union.
Article 215
The Constitution of the European Federation shall come into force on the expiry of the 3-month period following the day of its promulgation.
