The draft
Federal Constitution
of
the European Union

Index

Chapter I: General Articles

Chapter II: The Legislature

Chapter III: The Executive

Chapter IV: The Judiciary power

Chapter V: The competences of the Union

Chapter VI: Amendments to the Constitution

Chapter VII: Changes to the Territory of the Union


Preamble

We, the peoples of the European Union,

Hereby declare as our Constitution


CONSTITUTION

Chapter I: General Articles

Article 1

The European Union, hereafter called "Union", is formed by the following Member States, Belgique-België-Belgien, Danmark, Deutschland, Ellas, España, France, Ireland, Italia, Luxembourg, Nederland, Österreich, Portugal, Suomi-Finland, Sverige, United-Kingdom of Great-Britain and Northern Ireland.

Article 2

The Union derives all its powers from the shared sovereignty of its Member States and the citizens of the Union.

Article 3

No citizen of the Union can be discriminated against on the basis of one's beliefs, religion, race, nationality, language, gender or sexual orientation.

Article 4

A citizen of the Union is a person holding the citizenship of a Member State.

Article 5

Any citizen of the Union, any permanent legal resident or any Member State has the right to petition the Court of Justice to hear its case under European law.

Article 6

All citizens of the Union, which have reached the age of 18, have the right to vote and stand for office in all elections in their State of residence in the same way as citizens of that State.

Article 7

Any official language in a Member State is an official language of the Union. The citizens of the Union may use these languages in all communication with the institutions of the Union.

The Union flag is described as such : "Against the background of blue sky, twelve golden five-pointed stars form a circle, representing the union of the peoples of Europe. The number of stars is invariable, twelve being the symbol of perfection and entirety."

The European Anthem is the "Ode to Joy", arranged from the last movement of Ludwig van Beethoven's Ninth Symphony.

The European feast day is the 9th May.


Chapter II: The Legislature

Article 8

The European Assembly is the legislature of the Union. It consists of two chambers, the European Parliament and the Senate of the Union, hereafter called "Senate", both having the same powers.

Either chamber, as well as the Commission following the procedure laid down in article 21 of this Constitution, has the right to propose legislation and a simple majority in both chambers is necessary to make the laws of the Union, except in the cases foreseen by this Constitution.

All laws of the Union have direct effect and are directly applicable.

Article 9

After a proposal for legislation receives the necessary majority in either chamber of the European Assembly, it shall be submitted to the other chamber.

This latter will indicate to the originating chamber within sixty days whether it rejects or accepts the proposal with or without amendments. If it fails to do so, the proposal will become law. If it rejects the proposal, the proposal is defeated.

If the two chambers of the European Assembly reach the necessary majority on two differing versions of a proposal for legislation, their versions are brought before the Conciliation Committee of the European Assembly, consisting of an equal number of representatives of each chamber.

The Conciliation Committee will endeavour to make a common version from the two differing versions. If such a common text is agreed upon by a majority within the representation of both chambers, it will return for a final vote in the two chambers.

If the vote fails in either chamber, the proposal is defeated.

Article 10

The European Parliament consists of 650 members, elected every five years by a uniform election procedure, laid down in the electoral laws of the Union.

No member of the European Parliament shall be in the same time member of the Senate, or member of the Commission, or member of the Court of Justice, or member of the parliament or of the government of a Member State. The electoral laws of the Union may provide for more incapabilities.

Article 11

The Senate consists of one member per Member State, hereafter called "Senator". The Member States shall decide the mode of election of their Senator. Each Senator has one vote.

Article 12

When the Union makes a proposal for the harmonization of the legislations of the Member States, following the procedure laid down in Article 35 of this Constitution, the Senate shall be replaced by the Council of Ministers, hereafter called "Council".

The Council shall consist of one member per Member State, appointed by the government of its Member State, notwithstanding the provisions of the following alineas of this article.

Representatives of regional authorities invested with legislative and executive powers over the subject concerned by the Council may fully participate in the decision-making process of the Council. The representatives of regional authorities only represent their regional authority and its citizens, not their Member State.

Their votes are relative to the number of inhabitants they represent. This number and any future changes to it are notified to the Council.

For the determination of the majority of Member States, they will be counted not as one Member State but as a fraction, representing the number of their citizens divided by the total number of inhabitants of the Member State of which they form a sub-entity.

Article 13

A simple majority in the Senate is a majority of its members.

A qualified majority in the Senate is a three quarter majority of its members.

A simple majority in the European Parliament is a majority of the members present and voting, without counting abstentions.

A qualified majority in the European Parliament is a three quarter majority of the members present and voting.

Neither chamber of the European Assembly can vote on legislation, without a majority of its members voting.

The Council always takes its decisions by a three quarter majority of its members.

Article 14

All sessions of the European Assembly are open to the public and the agendas, minutes and voting records of all plenary sessions are to be published and available to the public.


Chapter III: The Executive

Article 15

The executive powers are vested upon the Commission, which is composed of a maximum of fifteen members.

The Commission may not count more than one member coming from the same Member State.

Article 16

The European Assembly elects the members of the Commission among the members of the European Parliament by a simple majority after each integral renewal of the European Parliament.

The members of the Commission which put an end to their function get back their mandates of members of the European Parliament.

Article 17

The Europan Assembly elects the President of the European Union, hereafter called "President", and the Vice-President of the Commission, hereafter called "Vice-President", by a simple majority, among the members of the Commission, for a term of one year.
These mandates are not renewable for the following year. The leaving President may not be elected Vice-President.
If the President is not able to assume its function, in cases of disease, death, or impeachment, the Vice-President shall take office and shall continue the term.
If he assumed the function of President for more than 6 months, the Vice-President may not be elected as President, the following year.

Article 18

The Commission can only be dismissed by the European Assembly by the appointment of a new Commission.

The European Assembly may force one or several members of the Commission to resign upon a proposal of one third of the members of either house of the European Assembly.

Article 19

The Commission takes all decisions collectively.

Article 20

The Commission represents the Union in external relations, in the implementation of its foreign, security and defence policies and in international organisations.

Article 21

The Commission has the right to propose legislation. A proposal by the Commission has to be presented to the European Parliament.

Article 22

The President negotiates and concludes all treaties on behalf of and within the areas of exclusive competence of the Union.

Treaties concluded by the Commission enter into force after ratification by the European Assembly, by a simple majority.

Article 23

The President shall have the right to engage European Union military forces outside the territory of the Union, if a qualified majority in the European Assembly gives it the mandate to do so, notwithstanding the provisions of Article 24.

Article 24

The President shall be in command of the European Union military forces. No military unit can be engaged outside of the territory of the Union over the objections of the Member State to which this unit belongs.


Chapter IV: The Judicial power

Article 25

The judicial power of the Union is vested upon the Court of Justice. It extends to all cases in law, arising under this Constitution, the laws of the Union and the treaties established under this Constitution.

Any dispute over the competences of the Union and the competences of its institutions will be resolved by the Court of Justice.

Article 26

The Court of Justice will be composed by a number of judges equal to the number of Member States, appointed by the European Assembly by a simple majority vote in each chamber.

Those chosen will be selected from among the most eminent jurists for a mandate of nine years. A judge can only serve for one mandate.

The mandate of a judge can only be terminated before its expiration, for cause of death, resignation or by a ruling of the Court of Justice. The Court of Justice can only rule on the termination of a judge's mandate for violations of the laws, criminal conviction or behaviour which could lead to the disrepute of the Court.

Article 27

The judges of the Court of Justice will choose from amongst their midst a president for a renewable mandate of three years. The president chairs the meetings of the Court of Justice and represents the Court of Justice in its dealings.

Article 28

The rulings of the Court of Justice will be binding within the territory of the Union. They shall take precedence over and the Court of Justice can annul all legislative acts, which it finds in conflict with this Constitution.

Article 29

The Court of Justice has the right to hear any case on Union legislation brought before it.

Article 30

The European Assembly has the right to establish, by a qualified majority, lower courts, without prejudice to the competences of the Court of Justice as set out in this Constitution.

Article 31

This Constitution and the laws and treaties adopted, or to be adopted, under it will be the supreme law of the Union and judges in every Member State will be bound hereby, any thing in the constitutions or laws of the Member States notwithstanding.

Article 32

The Union is a party to the European Convention of Human Rights and the Convention and its covenants will take precedence over all laws of the Union.

Article 33

Any conflict arising between this Constitution, the legislation and treaties made under it or the constitutions or laws of any of the Member States and the European Convention on Human Rights, will be decided upon by the European Court for Human rights and its verdicts will be binding on all courts within the territory of the Union.


Chapter V: The competences of the Union

Article 34

The Union shall be competent to the exclusion of its Member States in the following areas:

This does not preclude the European Assembly to entrust the Member States with the execution of the laws it passes within its exclusive competences, under the supervision of the Commission.

Article 35

The Union and the Member States have shared competences in the fields of:

Within these areas the Union has the right to harmonise the legislations of the Member States and to pass legislation providing a framework within which its Member States can act. The implementation of this legislation shall be supervised and co-ordinated by the Commission acting in co-operation with the governments of the Member States, represented in the Council, as provided in Article 12.

Article 36

The Member States shall have exclusive competence in all areas not foreseen in this Constitution and not entering in the scope of Article 37 of this Constitution.

Article 37

The European Assembly shall have the power to make all laws, which shall be necessary and proper for carrying into execution its competences and all other competences vested by this Constitution into the institutions of the Union.

In all areas that do not affect the interests of more than one Member State, the Member States, or the appropriate regional or local authorities shall have the right to pass legislation in as far as this legislation does not impinge upon an overriding interest of the Union.

Article 38

The European Assembly promulgates the laws of the Union and the Commission executes them, unless this Constitution decides otherwise.

Article 39

The budget of the Union is voted by a simple majority in the European Assembly, in as far as it does not exceed 3% of its gross domestic product.

A budget rise of the Union beyond 3% of its gross domestic product, has to be approved by the European Assembly with a qualified majority in both Houses.


Chapter VI: Amendments to the Constitution

Article 40

Any of the institutions which have the right to propose legislation, or a number of citizens of the Union precised in the electoral laws of the Union have the right to submit to the European Parliament, their proposals for amendments to the Constitution.

At the end of its mandate, the European Parliament can then by a simple majority propose to the next European Assembly amendments to the Constitution.

The newly elected European Parliament and the Senate can then amend the Constitution by qualified majority in both chambers.

Article 41

The current Constitution will enter into force after a three quarter majority of the Member States, by a procedure laid down by the Member State, approve it and the European Assembly ratifies it by a qualified majority. The Union will take over the acquis communautaire.


Chapter VII: Changes to the Territory of the Union

Article 42

Any European state which respects the principles of democracy, rule of law and human rights has the right to become a Member State of the Union, if its accession agreement is approved by a qualified majority in both houses of the European Assembly, or by the citizens of the Union and the Member States, by a procedure laid down in article 45.

Article 43

Any Member State shall have the right to secede from the Union if its citizens expresses itself for secession from the Union. One year after notification of the European Commission the seceding Member State will be freed from all obligations towards the Union and its membership will be terminated.

Article 44

Any change to the number of Member States shall be accepted by the concerned Member States, and by the citizens of the Union and the Member States, following a procedure laid down in article 45.

Any territorial change between the Member States shall be accepted by the concerned Member States and their citizens.

Article 45

Acts submitted to the vote of the citizens of the Union are accepted by the majority of the voters.

Acts submitted to the vote of the citizens of the Union and the Member States are accepted when the majority of voters and the majority of Member States approve them. The result of a referendum in a Member State is the voice of the Member State.


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