The Constitution of the European Union
THE CONSTITUTION OF THE EUROPEAN UNION
As of 3rd January, 2018
We, the sovereign nations of the European Union, in order to forge more cohesive bonds between our peoples, to safeguard peace and improve diplomatic relations, to advance achievements of humanity, to promote democracy and good governance, to flourish in economic prosperity, to guarantee liberty and equality, forever united in diversity, establish this CONSTITUTION OF THE EUROPEAN UNION.
TABLE OF CONTENTS
- Article I – The European Union
- Article II – The European Council
- Article III – The European Commission
- Article IV – The European Court of Justice
- Article V – Universal Declaration of Human Rights
- Article VI – The Right of Neutrality
- Article VII - Amending the Constitution
ARTICLE I – THE EUROPEAN UNION
Section I – The European Union
I. The European Union is a supranational organisation including all representatives of all states that choose to enter it.
II. The boundaries of the European Union are defined as the boundaries of all the member states of the European Union.
III. The capital of the European Union is situated in the Free City of Europolis. Europolis is a sovereign and neutral political entity, created to host the institutions and representatives of the European Union.
IV. The European Union has no official language and no official religion, recognising its multicultural nature and the lack of bias towards any tongue, civilisation, religion, or sexuality.
V. English is the preferred language for the European Union’s official documents, records, and other administrative functions.
VI. The flag of the European Union is a navy blue rectangle-shaped cloth with twelve golden stars arranged in a circle at its centre. The official flag ratio is 1 by 2 metres.
VII. The anthem of the European Union, to be played in all official occasions, is Marche en Rondeau (or Te Deum – Prelude) by M. A. Charpentier.
VIII. Member states of the European Union retain absolute sovereignty over their own affairs, except where provided by this Constitution and by legislation passed by the European Council that is not in conflict with this Constitution.
IX. The European Union can declare war as a single entity against a foreign region with a super-majority in the European Council and three-fifths of the European Commission. The Commission’s approval must include that of the Premier Commissioner.
Section II – Membership in the European Union
I. All sovereign states are free to join the European Union. No approval is necessary.
II. All states are free to leave the European Union, either temporarily or permanently. Intent to leave must be declared in writing in order to take effect. Withdrawing a European Councillor temporarily does not constitute withdrawal from the European Union.
III. All states are free to re-enter the European Union. However, a withdrawn state cannot re-enter the European Union during the same term of the European Commission that was governing on the date that it withdrew. The European Council has the power to grant an exception and approve a withdrawn state’s re- entry at any time with a super-majority.
ARTICLE II – THE EUROPEAN COUNCIL
Section I – The European Council
I. The European Council is the sole and supreme legislative body of the European Union.
II. Each member state has the right to one Councillor. Each Councillor is equal and has the same rights. Each Councillor has one vote and can only represent one member state. Each Councillor must be a citizen or legal resident of the member state they represent. No Councillor may serve concurrently as a Commissioner or Justice.
III. All views can be voiced in the European Council.
Section II – Powers of the European Council
I. The European Council has supreme legislative initiative to create statutory law (Acts) in the European Union. A Bill must garner a simple majority of those present to pass and become an Act.
II. The European Council has sole right to amend anything that has previously been passed into European law. An amendment must garner a simple majority of those present to pass.
III. The European Council has sole right to repeal anything that has previously been passed into European law. A repeal must garner a simple majority of those present to pass.
IV. The European Council may issue non-binding statements to express the opinion of the Council. A statement must garner a simple majority of those present to pass.
V. The European Council may discuss regional affairs with no specific course of action. A Councillor may move to turn the discussion into a type of proposal at any time. If seconded, it then becomes a proposal, subject to the relevant voting procedures. Alternatively, a Councillor may move to table the discussion at any time.
VI. The European Council may hold a vote to impeach the Council Speaker, European Commission, European Court of Justice, or any member thereof on the basis of unbecoming conduct or gross negligence in the execution of the office. Such a proposal must garner a super-majority of those present to pass. If a vote of impeachment passes against the Council Speaker, the Commission, or the Court, then that entity must face a by-election or re-appointment as outlined by its relevant election procedures.
VII. The European Council may reject the dismissal of a European Commissioner by the Premier Commissioner. A rejection must be proposed by the Speaker of the European Council within 48 hours of such a removal, and must garner a super-majority of those present to pass.
Section III – Voting in the European Council
I. A Bill, Amendment, Repeal, Statement, Impeachment, Confirmation, or Rejection is proposed by a Councillor or a Commissioner. A Commissioner may only propose legislation within their brief, except for the Premier Commissioner, who may propose legislation on any topic.
II. Councillors and the proposing Commissioner then debate the proposal for 48 hours. During this period, unless the proposal is a Repeal, Impeachment, or Rejection, amendments may be proposed by any Councillor. Amendments proposed during this period shall be voted upon once the debating period has concluded, and it shall last for 48 hours to determine if the amendments shall be made. Amendments require a simple majority to pass.
III. During the debate period, unless the proposal is a Repeal, Impeachment, or Rejection,amendments may be proposed by any Councillor. Amendments proposed during this period shall be voted upon once the debating period has concluded, and it shall last for 48 hours to determine if the amendments shall be made. Amendments require a simple majority to pass.
IV. Councillorsthen vote on the proposal for 72 hours. The proposal is to be voted on in its whole form and may not be changed during the voting phase. Each vote must be announced in public and is permanent once cast. Proposals requiring a simple majority to pass must garner 55% approval of those present. Proposals requiring a super-majority to pass must garner 75% approval of those present.
V. In accordance with the majorities set in the Voting Phase, the proposal is judged to have either passed or been defeated. If passed, the proposal is put into force. Passed proposals are binding upon all member states.
Section IV – Speaker of the European Council
I. The Speaker is a Councillor responsible for presiding over sessions of the European Council and moderating the legislative process. The Speaker is the official record-keeper of the European Council and is responsible for managing its statistical productions.
II. The Speaker may call the opening and closing of debating and voting phases in the European Council, set what constitutes a valid vote in accordance with the Constitution, and count the votes when a voting phase has ended. The Speaker may extend Council proceedings if deemed suitable, however, no phase of the legislative process may be shortened and this power cannot be delegated.
III. The Speaker shall act as a mediator if a Councillor lodges an official complaint against another Councillor or against the Deputy Speaker. The process for hearing complaints and coming to a decision is up to the discretion of the Speaker. Mediation responsibilities cannot be delegated.
IV. The Speaker is elected for a period of eighteen months with unlimited terms. There is a seven day period for nominations and debate, followed by a seven day period for voting. Voting shall follow the Alternative Vote system.
Section V - Deputy Speaker of the European Council
I. The Deputy Speaker is a Councillor responsible for presiding over sessions of the European Council and moderating the legislative process in the absence of the Speaker.
II. In the absence of the Speaker, the Deputy Speaker may call the opening and closing of debating and voting phases in the European Council, set what constitutes a valid vote in accordance with the Constitution, and count the votes when a voting phase has ended. The Deputy Speaker may extend Council proceedings if deemed suitable, however, no phase of the legislative process may be shortened and this power cannot be delegated.The Deputy Speaker may delegate these responsibilities to any Councillor, or defer to the presenter of a proposal if they and the Speaker are both absent.
III. The Deputy Speaker shall act as a mediator if a Councillor lodges an official complaint against another Councillor or against the Speaker. The process for hearing complaints and coming to a decision is up to the discretion of the Deputy Speaker. Mediation responsibilities cannot be delegated.
IV. The Deputy Speaker shall be elected at the same time as the Speaker.
V. The Deputy Speaker shall be elected in the same manner as the Speaker, omitting the seven days of debate.
ARTICLE III – THE EUROPEAN COMMISSION
Section I – Definition of the European Commission
I. The European Commission is the executive authority of the European Union.
II. The European Commission is responsible for the implementation and enforcement of European Council and European Court of Justice decisions.
Section II – Composition
I. The European Commission consists of the Offices of the Premier Commissioner, Internal Affairs, and Foreign Affairs.
II. The Office of the Premier Commissioner, which also holds all authority and mandates previously accredited through legislation to the defunct Office of Economics, is headed by the Premier Commissioner.
III. The Office of Internal Affairs, which also holds all authority and mandates accredited through legislation to the defunct Office of Defence and Peacekeeping, is headed by the European Commissioner for Internal Affairs.
IV. The Office of Foreign Affairs is headed by the European Commissioner for Foreign Affairs.
V. Commissioners do not represent nor are they related to any government of any member state of the European Union.
VI. The terms for the Premier Commissioner and the Commissioner for Internal Affairs shall last four months, and the term for the Commissioner for Foreign Affairs shall last eight months. No member state may have a citizen or national of itself elected for more than two consecutive terms.
VII. Each Commissioner must come from a separate member state.
Section III – Election Procedures
I. Elections to each Office of the European Commission shall be conducted separately, but concurrently.
II. The nomination period for each Office shall run for seven days, to be followed by a seven-day debate period, in turn followed by a seven-day voting period.
III. Any nation may put forward as many candidates as it wishes for each office, but only one may be elected to the Commission. In the event that more than one candidate from the same nation is successful, and more than one such candidate refuses to disclaim or resign their office, then the candidate for the Office of Foreign Affairs shall be the first to be ruled ineligible, followed by the candidate for the Office of Internal Affairs, until only one successful candidate from the nation in question remains.
IV. For each Office, voters vote by ranking in order of preference as many candidates as they wish.
V. Each Commissioner shall be elected under the Alternative Vote system. Ties shall be broken by determining the proportion of each candidate’s votes that are first preferences, with the candidate with the highest proportion winning the tie. If that is tied, the process shall be repeated for the next-highest preference. If the candidates are tied for all preferences, then the tie shall be broken by a coin toss.
VI. The elected Commissioners shall replace the outgoing Commissioners immediately.
Section IV – Impeachments and Vacancies
I. The Premier Commissioner may remove any individual Commissioner from their Office, subject to a vote of approval by the European Council.
II. In the period between the Office of Premier Commissioner becoming vacant and a new Premier Commissioner being elected, the Commissioner for Internal Affairs shall by default assume the role of Premier Commissioner on an acting basis. If the Office for Internal Affairs is also vacant, then the Commissioner for Foreign Affairs shall assume the role of Premier Commissioner on an acting basis. However, a Premier Commissioner may choose to overturn this procedure and name the Commissioner for Foreign Affairs as the first in line for succession, and the Commissioner for Internal Affairs as second in line for succession, if they so choose, by formally announcing such to the European Council before their vacancy,
III. Should any Office of the Commission become vacant, a by-election shall be held under normal Commission election procedures to fill the Office for the remainder of that term.
IV. Serving on the Commission after being elected or appointed to complete a term shall not count as a full term in office.
Section V – Office of the Premier Commissioner
I. The Premier Commissioner heads the Office of the Premier Commissioner.
II. The Office of the Premier Commissioner sets the political and working priorities of the Commission for their mandate.
III. The Office of the Premier Commissioner chairs all meetings of the European Commission.
IV. The Office of the Premier Commissioner manages the finances of the institutions of the European Union, including the proposal of a budget to the Council for each fiscal year. In the event of the Council rejecting a proposed budget, the Office of the Premier is required to present alternative budgets until one is passed by the Council.
V. The Office of the Premier Commissioner coordinates the activities of the European Institutions.
VI. The Premier Commissioner signs into force passed European Council legislation and European Commission decisions. The Premier Commissioner has no right to withhold their signature or exercise any kind of veto over Council legislation.
VII. The Office of the Premier champions economic co-operation among member states, and monitors the strength of the economy of the member states and of the European Union as a whole.
Section VI – Office of Internal Affairs
I. The Commissioner for Internal Affairs heads the Office of Internal Affairs.
II. The Office of Internal Affairs implements European Union decisions and policies for the benefit of Member States and their citizens.
III. The Office of Internal Affairs is responsible for encouraging efficiency and good governance among the institutions of the European Union.
IV. The Office of Internal Affairs coordinates relations between the European Commission and individual Member States governments.
V. The Office of Internal Affairs safeguards the political freedoms and civil rights in all of the Member States of the European Union.
VI. The Office of Internal Affairs fosters co-operation between Member States and mediates conflict arising between them.
VII. The Office of Internal Affairs coordinates regional relief conflict and disaster efforts.
VIII. The Office of Internal Affairs maintains the defence and security of Europolis, and organises co-operation between the Europolis and national security services active within Europolis.
IX. The Office for Internal Affairs is responsible for the administration of regional polls and dispatches.
Section VII – Office of Foreign Affairs
I. The Commissioner for Foreign Affairs heads the Office of Foreign Affairs.
II. The Office of Foreign Affairs champions the foreign policies of the European Union, in consultation with the Council.
III. The Office of Foreign Affairs maintains relations between the European Union and external regions.
IV. The Office of Foreign Affairs encourages nations outside the region to accede to the European Union.
V. The Office of Foreign Affairs is responsible for strengthening and promoting the European Union's influence abroad.
ARTICLE IV – THE EUROPEAN COURT OF JUSTICE
Section I – The European Court of Justice
I. The European Court of Justice is the supreme judicial authority of and in the European Union.
II. The European Court of Justice is comprised of the Chief Justice, who presides over the Court, and four Justices. No judge may be from the same member state as the Premier Commissioner.
III. A decision in the European Court of Justice is taken by a simple majority vote.
Section II – Powers of the European Court of Justice
I. The European Court of Justice is responsible for determining whether an Act or Amendment of the European Council is in line with the Constitution.
II. The European Court of Justice shall receive petitions accusing nations, institutions, or individuals of contravening this Constitution or any part of it.
III. The European Court of Justice shall, upon giving a verdict in a trial, give a suitable sentence and/or course of action to be taken. The maximum sentence it may impose is one of life imprisonment, and it may not compel any action that itself would contravene this Constitution.
Section III – Electing the European Court of Justice
I. The European Court of Justice shall be elected at the same time as the European Commission.
II. The European Court of Justice shall be elected in the same manner as the European Commission, omitting the seven days of debate.
III. In the absence of one or more judges, as determined by the European Council, the Chief Justice may appoint temporary judges for a period of fourteen days. In the event of the Chief Justice’s absence, the remaining judges shall elect from among themselves a temporary Chief Justice. After fourteen days, if an absent judge has not returned to their post, the post shall be considered vacant and subject to a by-election.
ARTICLE V – THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Section I – Preamble
I. This Declaration defines the rights to which every citizen of the European Union is entitled.
II. These rights are inalienable, and every citizen may use this Declaration in a court of law against any infringement on these rights that they may face.
III. As the past has taught us many lessons that we cannot avoid, we look to a future where individuality creates the core of human experience. From gender to religion, race to sexuality, and the choices we individually make about our state of being, this document seeks to protect the right to make such choices.
IV. All member states of the European Union are charged with upholding this Declaration.
Section II – Human Dignity
I. All human beings are born free and equal in dignity and rights.
II. All human beings also carry the responsibility of respecting the human rights of others.
Section III – Right to Life
I. Everyone has the right to not be arbitrarily deprived of their life, the right to liberty, and the right to security of person.
Section IV – Freedom from Slavery
I. No one shall be held in slavery or servitude.
II. Slavery and the slave trade shall be prohibited in all their forms.
Section V – Freedom from Torture
I. Torture is defined as the practice of inflicting severe pain or suffering on an individual in order to obtain information, confession etc., but stopping short of terminating their life.
II. No person shall be subjected to torture, both physical and psychological, for the purposes of interrogation, punishment or indeed any other reason.
III. No evidence obtained by torture techniques shall be accepted by a Court of Law.
IV. All persons are to be protected from cruel, unusual and inhumane punishment.
Section VI – Right to Personhood
I. Everyone has the right to recognition everywhere as a person before the law.
Section VII – Right to Equal Protection Under the Law
I. All are equal before the law and are entitled without any discrimination to equal protection of the law.
II. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Section VIII – Right to Legal Remedy
I. Everyone has the right to an effective remedy by competent national tribunals for acts violating the fundamental rights given to him by this Declaration and/or other relevant legislation.
Section IX – Right to Habeas Corpus
I. No one shall be subjected to arbitrary arrest, detention or exile
Section X – Right to a Fair Trial
I. Everyone is entitled to a fair and public hearing by an independent and impartial tribunal for any legal charges brought against them, and any determination of their rights and obligations.
Section XI – Freedom from Presumed or Retroactive Guilt
I. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which one has had all the guarantees necessary for one’s defence.
II. No one shall be held guilty of any penal offense for any act or omission which did not constitute a penal offense, under national or international law, at the time it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the offense was committed.
Section XII – Right to Privacy
I. No one shall be subjected to arbitrary interference with one’s privacy, family, home or correspondence, or to slanderous attacks upon one’s honour and reputation.
II. Everyone has the right to the protection of the law against such interference or attacks.
Section XIII – Freedom of Movement
I. Everyone has the right to freedom of movement and residence within the borders of each state.
II. Everyone has the right to leave any country, including one's own, and to return to one's country.
Section XIV – Right to Seek Asylum
I. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
II. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes, or from acts contrary to the purposes and principles of the European Union, as presented by European law.
Section XV – Right to Nationality
I. Everyone has the right to a nationality.
II. No one shall be arbitrarily deprived of their nationality nor denied the right to change their nationality.
Section XVI – Right to Property
I. Everyone has the right to own property alone, as well as in association with others.
II. No one shall be arbitrarily deprived of their property.
Section XVII – Freedom of Conscience
I. Everyone has the right to freedom of thought, conscience and religion.
II. This right includes freedom to change their religion or belief; and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance provided they do not violate the rights of others as mandated by this Declaration.
Section XVIII – Freedom of Expression
I. Everyone has the right to freedom of opinion and expression.
II. This right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.
Section XIX – Freedom of Association
I. Everyone has the right to freedom of peaceful assembly and association.
II. No one may be forced to belong to an association against their will.
Section XX – Right to Democratic Governance
I. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
II. Everyone has the right of equal access to public service in his country.
III. The will of the people shall be the basis of the authority of government.
IV. This will shall be expressed in periodic and genuine elections, conducted under universal and equal suffrage for all of legal voting age, and held by secret vote or by equivalent free voting procedures.
Section XXI – Right to Working Conditions
I. Everyone has the right to work, to free choice of employment, in conditions that ensure the health and wellbeing of employees.
II. Everyone has the right not to face discrimination in the workplace on the basis of gender, sexuality, race, or religion.
Section XXII – Right to Education
I. Everyone has the right to a basic Education.
II. This includes, but is not limited to, reading, writing, and numeracy skills
Section XXIII – Legal Use of this Declaration
I. This declaration may be used in a legal capacity as reference to prosecute those who contravene the contained Sections within.
Section XXIV - Disclaimer
I. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
ARTICLE VI – THE RIGHT OF NEUTRALITY
Section I – Definition of Neutrality
I. A neutral state is a member state of the European Union that is bound to neutrality, indefinitely or temporarily, by international treaty.
II. The European Council has the authority to recognise the neutrality of a member state by a super-majority vote.
Section II – Duties of Neutral States
I. Neutral states may not permit belligerent states to move troops, or convoys of military supplies, across their territory.
II. Neutral states may resist attempts to violate its neutrality, even by force.
III. Neutral states may not permit belligerent states to establish and use, or use already established, communications facilities in their territory for military purposes.
IV. Neutral states may not establish, or allow belligerent states to establish, recruiting agencies for belligerent states’ militaries.
V. Neutral states are not responsible for its residents travelling abroad to enlist in a belligerent military.
VI. Neutral states which receive on their territory troops belonging to belligerent militaries shall intern them at a distance from the theatre of war.
VII. Neutral states which receive on their territory escaped prisoners of war shall leave them at liberty.
VIII. Though a neutral state is not called upon to prevent the export or transport of arms or other military supplies to belligerent states, nor to restrict or forbid the use by belligerent states of telecommunications apparatus owned by them or by the private sector, any such restrictions must be applied impartially to all belligerent parties.
IX. Neutral states must ensure that private companies and individuals hold to the same standards of impartiality.
Section III – Rights of Neutral States
I. The territory of a neutral state is inviolable.
II. Member states shall not declare war on a neutral state.
III. Belligerent naval vessels may only use neutral ports for a maximum of twenty-four hours, though a neutral state may apply – impartially towards all belligerents – further restrictions.
IV. Belligerent naval vessels may only remain in a neutral port for more than twenty-four hours to make the minimum necessary repairs to put the vessel back out to sea, or if a belligerent vessel is already at that port, in which case the first vessel must be allowed a twenty-four hour head start.
V. Belligerent states shall not move troops, or convoys of military supplies, across the territory of a neutral state.
VI. Belligerent states shall not establish and use, or use already-established, communications facilities in the territory of a neutral state for military purposes.
VII. Belligerent states shall not establish recruiting agencies for their militaries in the territory of a neutral state.
VIII. Belligerent states which capture a prize ship in the territorial waters of a neutral state must be surrendered to the neutral state, which shall intern the crew.
Section IV – Neutral Persons
I. The permanently resident nationals of a state not taking part in a war, and nationals of those states temporarily resident in a belligerent state, shall be considered neutral persons in that war.
II. Neutral persons shall forfeit their neutrality if they commit a hostile act against a belligerent, or commit an act in favour of a belligerent, such as voluntarily enlisting in a belligerent military.
III. Neutral persons who forfeit their neutrality shall not be treated more severely than a belligerent national for the same act by the belligerent whom they have acted against.
ARTICLE VII – AMENDING THE CONSTITUTION
Section I – Amendments to the Constitution
I. Any member of the European Council may propose an Amendment to the Constitution.
II. Amendments to the Constitution may either add to, modify, or subtract from the text of the Constitution.
Section II – Voting on Amendments to the Constitution
I. Amendments to the Constitution shall follow the same legislative process as Bills in the European Council, as per Article II, Section III of the Constitution.
II. Amendments to the Constitution require a super-majority in the European Council to pass.
ARTICLE __ – THE EUROPEAN ASSEMBLY
Section 1 – Principles
I. The European Assembly is the institution tasked with the oversight of European policy. It is formed by the Heads of State or Government of each Member State.
II. The European Assembly has no power over the European Council, as it is a mere observer of the development of European politics.
III. The European Assembly will meet twice a year, or in exceptional circumstances, in Europolis.
IV: The presidency of each years' gathering of the European Assembly will fall upon two randomly selected Member States at the start of the year. Consecutive presidencies are discouraged and should be avoided.
Section 2 – Powers and Duties
I. The powers of the European Assembly do not overpass those of the rest of European institutions. It shall only provide counsel on the situation of the European Union at the time.
II. The duty of the European Assembly is to give a position in the European Union to every Member State government.
III. In case of a total collapse of the institutions of the European Union (i.e. cease of exercising of duties, complete shutdown due to human/natural catastrophes...), the European Assembly shall gather and takeover control of the European Union until the situation is resolved.
Ratified on February 4th, 2015 by a vote of 5-1-0 (83%)
- Speaker John Walters, Twelve Commonwealths of Halsberg
- Councillor Peter Montfort, Apostolic Kingdom of Angleter
- Councillor Ralph Jaevons, Empire of Inimicus
- Councillor Acwellan Devoy am Harrison, Kendrelaatzenian Dominions of Duxburian Union
- Councillor Dr Jens Nørreport, Os Corelia
- Councillor Fryderyk Kligenberg, Federal Republic of Poland-Lithuania