The legislative power in the European Federation

The Chamber of Deputies in the European Federation

This text describes the structure and function of the Chamber of Deputies, one of the two chambers of the European Parliament in this fictional „European Federation.” Here’s a breakdown of how to understand it:

Key Concepts:

• Legislative Power: The European Parliament, consisting of the Chamber of Deputies and the Senat, holds the legislative power in the European Federation. This means they are responsible for making laws.
• Checks and Balances: The Chamber of Deputies has a degree of control over the European Executive Council (think of it like the executive branch or government). This is a system of checks and balances, ensuring no single part of the government becomes too powerful.
• Representation: Deputies are elected to represent the citizens of the European Federation.
• Accountability: Deputies are accountable for their actions, primarily to the Chamber itself.
• Transparency: Generally, the Chamber’s meetings are open to the public, promoting transparency in the legislative process.

Article by Article Explanation:

• Article 79: Establishes the European Parliament’s legislative power and its bicameral structure (Chamber of Deputies and Senat). It also mentions the Chamber’s oversight role regarding the European Executive Council.
• Article 80 (Composition and Elections):
  • The Chamber has 645 deputies.
  • Elections are democratic: universal (everyone gets a vote), equal (each vote counts the same), direct (citizens vote for deputies directly), proportional (seats are allocated based on vote share), and secret.
  • Voting age is 18.
  • Each Member State forms an electoral constituency.
  • The number of deputies per Member State is proportional to its population, with a minimum of 3 and a maximum of 96 seats. This ensures fair representation while preventing any single state from dominating.
• Article 81 (Term of Office):
  • Deputies serve for 5 years.
  • The term begins when the Chamber first meets and ends just before the next term begins.
  • The President of the European Federation sets the election date.
  • The Chamber can shorten its own term under certain conditions (11/20 majority vote).
  • The President can also shorten the term in specific constitutional circumstances, after consulting with the Chamber President and the European Executive Council President. This provides flexibility in times of political crisis.
  • When a term is shortened, elections must be held within 45 days, and the new Chamber must meet within 15 days of the election.
• Article 82 (Eligibility and Candidacy):
  • To be elected, a person must be at least 25 years old and eligible to vote.
  • People convicted of intentional crimes cannot be deputies.
  • Candidates can be nominated by political parties or by voters.
  • Election procedures are defined by European law.
• Article 83 (Incompatibilities): This article lists positions that are incompatible with being a deputy. This is to prevent conflicts of interest. Deputies cannot simultaneously hold certain other offices (like being a Senator, ECB official, judge, etc.). Members of the European Executive Council are exempt.
• Article 84 (Duties and Oath):
  • Deputies represent the citizens of the European Federation and are not bound by specific instructions from their voters. They are meant to act in the best interest of the Federation as a whole.
  • Deputies must take an oath to uphold their duties, safeguard the Federation’s interests, and obey the Constitution and laws.
  • Refusing the oath means giving up the mandate.
• Article 85 (Immunity): This is about protecting deputies from undue legal interference so they can do their jobs.
  • Deputies are not held accountable for their actions within their mandate.
  • They have immunity from criminal prosecution without the Chamber’s consent.
  • Criminal proceedings started before their election are suspended until their term ends.
  • Deputies can choose to waive their immunity.
  • They cannot be detained or arrested without the Chamber’s consent, except if caught in the act of a crime.
• Article 86 (Conditions for Duties): European law will define the conditions necessary for deputies to perform their duties effectively.
• Article 87 (Business Activities): Deputies are restricted from certain business activities that could create conflicts of interest, especially those involving property of the European Federation, Member States, or local governments.
• Article 88 (Sittings): The Chamber debates in sittings. The first sitting after an election is called by the President of the European Federation.
• Article 89 (Presidium and Committees):
  • The Chamber elects a President and six Vice-Presidents, who form the Presidium (leadership body). There are rules to ensure representation of different Member States and regions in the Presidium.
  • The President presides over debates, protects the Chamber’s rights, and represents the Chamber externally.
  • The Chamber creates standing committees (for ongoing issues) and can create special committees (for specific tasks).
• Article 90 (Investigative Committees): The Chamber can appoint committees to investigate specific matters.
• Article 91 (Rules of Procedure): The Chamber sets its own internal rules for how it operates.
• Article 92 (Public Sittings): Sittings are generally open to the public, but the Chamber can vote to hold secret debates in the interest of the European Federation.
• Article 93 (Interaction with Executive Council and Senat):
  • The European Executive Council must answer questions from deputies.
  • Council members can be required to appear before the Chamber and its committees.
  • Members of the Senat and the European Executive Council can attend Chamber sittings and committee meetings and have the right to speak.

In short, this section defines how the Chamber of Deputies is organized, how its members are elected, what their powers and responsibilities are, and how it interacts with other parts of the European Federation’s government. It establishes a system designed for democratic representation, accountability, and transparent lawmaking.

The Senat in the European Federation

Unlike the Chamber of Deputies, which represents citizens directly, the Senat represents the Member States of the Federation. Think of it as the chamber where the interests of the individual countries within the Federation are represented.

Here’s a breakdown:

Key Concepts:

• Representation of Member States: The Senat’s primary role is to give Member States a voice in the Federation’s legislation and administration.
• Intergovernmental Character: The Senat is composed of members of the governments of the Member States. This makes it an intergovernmental body, where the constituent states interact directly.
• Weighted Voting: The voting power of each Member State in the Senat is not equal. It’s weighted based on population, giving larger states more influence, but with a minimum number of votes guaranteed for smaller states. This is a common feature in federations to balance the power between large and small members.
• Qualified Majority: Important decisions in the Senat require a qualified majority, meaning a supermajority of both Member States and total votes. This ensures that decisions have broad support and prevents smaller groups of states from blocking legislation.

Article-by-Article Explanation:

• Article 94 (Composition and Voting):
  • Member States participate in the Federation’s legislation and administration through the Senat.
  • The Senat consists of members of Member State governments, appointed and recalled by those governments. The Prime Minister of each Member State heads their delegation. There are provisions for continuity of representation even during government transitions within Member States.
  • Each Member State has at least two votes. Larger states get more votes based on population (ranging from 2 votes for smaller states up to 10 votes for the largest). This is the weighted voting system.
  • Each Member State can appoint as many members to the Senat as it has votes. Senat members are bound to vote according to instructions from their national government.
  • Each Member State’s delegation votes as a single unit. If the Senat members from one state disagree, the head of the delegation casts the deciding vote.
  • The number of votes per Member State is determined by the President of the European Federation after each general census.
• Article 95 (Chairmanship and Convening):
  • The chairmanship of the Senat rotates among the Member States every six months. This is a common practice in international organizations.
  • The head of the delegation from the state holding the chairmanship serves as the „President of the Senat.” There are also Vice-Presidents from the previous and next two chairing states.
  • The President of the Senat convenes the Senat meetings. They must do so if requested by at least one Member State or the European Executive Council.
• Article 96 (Voting):
  • The Senat generally acts by a qualified majority.
  • The qualified majority is defined as at least 11/20 of the Member States and at least 3/5 of the total votes in the Senat. This double requirement ensures that a significant number of both states and votes are needed for major decisions.
• Article 97 (Standing Orders and Committees):
  • The Senat creates its own internal rules of procedure (Standing Orders) by a qualified majority. These rules can have the force of European law.
  • Senat meetings are generally public, but the public can be excluded under certain circumstances.
  • Member State governments appoint members to Senat committees. Each Member State has one vote in committees. Committee decisions are made by a simple majority. Committee chairs are selected by the European Federation. No Member State can chair more than one committee.
• Article 98 (Interaction with Executive Council):
  • Members of the European Executive Council have the right (and sometimes the duty) to participate in Senat and committee meetings and can speak at any time.
  • The European Executive Council keeps the Senat informed about its activities. This ensures communication and accountability between the two bodies.

In essence, the Senat is designed to represent the states within the European Federation. Its composition, voting system, and procedures are all geared towards balancing the interests of the different Member States and ensuring that decisions are made with broad support. It works in conjunction with the Chamber of Deputies to form the legislative branch of the European Federation.

The legislative procedure in the European Federation

This text outlines the legislative process in the fictional European Federation, detailing how bills become law. It describes a multi-stage process involving the Chamber of Deputies, the Senat, the European Executive Council, the President of the Federation, and even citizen initiatives.

Here’s a breakdown:

Article 101 (Initiation of Legislation):

• Who can propose laws? A wide range of actors can initiate legislation:
  • Deputies of the Chamber of Deputies
  • The Senat
  • The President of the European Federation
  • The European Executive Council
  • Citizens (at least 500,000 with voting rights). This is a direct democratic element. Citizen-initiated proposals must be considered by the Chamber of Deputies within 60 days.
• Special Rules for Executive Council and Senat Bills:
  • Bills proposed by the European Executive Council are first submitted to the Senat for comment within 30 days (or 60 days with an extension). There are expedited procedures for urgent bills. Comments from the Senat must be sent to the Chamber of Deputies within 48 hours of receipt. Bills amending the Constitution or transferring sovereign powers have a nine-week comment period.
  • Bills from the Senat are submitted to the Chamber of Deputies by the European Executive Council within 30 days (or 60 days with an extension), along with the Council’s views. Again, there are expedited procedures for urgent bills. Constitutional amendments or transfer of sovereign powers have a 60-day comment period. The Chamber of Deputies must consider and vote on these bills within a reasonable time.
• Financial Impact Statements: Anyone introducing a bill must explain its financial consequences. This promotes transparency and responsible lawmaking.

Article 102 (Ordinary Legislative Procedure): This article describes the standard process for passing laws. It’s a multi-stage process with checks and balances between the Chamber of Deputies and the Senat.

• First Reading:
  • The Chamber of Deputies adopts its initial position on the bill and sends it to the Senat.
  • If the Senat approves the Chamber’s position, the bill is adopted.
  • If the Senat disapproves, it adopts its own position and sends it back to the Chamber.
  • Both the Senat and the European Executive Council must provide reasons for their positions to the Chamber of Deputies.
• Second Reading:
  • The Chamber of Deputies has 90 days to respond to the Senat’s amendments. It can:
    1. Approve the Senat’s version (the bill is then adopted).
    2. Reject the Senat’s version (the bill fails).
    3. Propose its own amendments (these are sent to the Senat and the European Executive Council).
  • The Senat then has 90 days to consider the Chamber’s amendments. It can:
    1. Approve all the Chamber’s amendments (the bill is adopted).
    2. Reject some or all of the amendments. If this happens, a Conciliation Committee is convened.
  • The Senat must act by a qualified majority on amendments to which the European Executive Council has given a negative opinion.
• Conciliation:
  • The Conciliation Committee is made up of members from both the Senat and the Chamber of Deputies.
  • Its job is to reach a compromise on a joint text within 42 days.
  • The European Executive Council participates in the Conciliation Committee’s work.
  • If the Conciliation Committee fails to agree, the bill is dead.
• Third Reading:
  • If the Conciliation Committee does agree on a joint text, both the Chamber of Deputies (by a simple majority) and the Senat (by a qualified majority) have 42 days to adopt the final version.
  • If either chamber fails to adopt the joint text, the bill fails.
• Time Limits: The time limits in this article (90 days, 42 days) can be extended.

Article 103 (Presidential Approval and Promulgation):

• Submission to the President: After the legislative process is complete, the President of the Chamber of Deputies sends the bill to the President of the European Federation.
• Presidential Signature: The President has 21 days to sign the bill and order its publication in the Official Journal.
• Constitutional Review: The President can refer a bill to the Court of Justice of the European Federation to check if it’s constitutional before signing.
• Presidential Veto (Limited): The President must refuse to sign a bill that the Court of Justice has ruled unconstitutional. If only part of the bill is unconstitutional, the President can either sign the rest of the bill (after consulting with the President of the Chamber of Deputies) or send the bill back to the Chamber for changes.
• Suspension of Time Limit: A referral to the Court of Justice or a request for reconsideration suspends the 21-day period for the President’s signature.

This legislative procedure is designed to be thorough and deliberate, with multiple opportunities for review and amendment. The involvement of both the Chamber of Deputies (representing citizens) and the Senat (representing Member States), along with the possibility of citizen initiatives and judicial review, aims to create laws that are both effective and widely supported.