Constitution 2015


  • Admin

    Cllr. Peter Montfort stood to speak

    My fellow Councillors, today, I'd like to propose a new Constitution of the European Union, the fruit of the Constitutional Committee, 2011-15, as well as the UDoHR Committee, 2012-15. Obviously, the exact proposal is to amend the current Constitution by replacing its entire text with the entire text I'm bringing forward today. I would like to stress that I do not consider this to be a completely finished product, especially with respect to Article VI, and would strongly encourage the Council to inspect it closely and propose whatever changes they would see fit. It was, however, high time that this process was brought out of committee stage and before the whole Council.

    Proposed (2015) Constitution

    For reference: Current (2007) Constitution (amendments not included - these may be found in Council records)

    I'd also like to pay credit to my fellow contributors to this project. Many are still here today. Some are not. Some are no longer with us at all. As far as I know, they are the following:

    Speaker Acwellan Devoy (Duxburian Union); Cllr. Anatoly Keith (Angleter); Cllr. Eldert Trilstrea (Os Corelia); Cllr. Alexander Kligenberg (Inquista); Cllr. Michael Reed (United Kingdom); Cllr. Rushanara Ali (United Kingdom); Cllr. Chantalise Blasko-Blatsko (Os Corelia); Cllr. Dominik Frank (Rhine Ruhr); Cllr. Jaxson Marshall (Rhine Ruhr); Cllr. Kairos Jelesniak (Os Corelia); Cllr. Laila Zapatero (Occoron); Cllr. William Roebuck (Gun-Toting Animals); Cllr. Nadira Orcello (Pax Aurea); Cllr. John Walters (Halsberg); and Cllr. Ralph Jaevons (Inimicus). I would also like to thank Cllr. Lech Kacynski (Poland-Lithuania) for his invaluable behind-the-scenes help in the last few weeks.

    Debate starts now and ends at 23.00 GMT on 8th January;
    Amendment voting starts then and ends at 23.00 GMT on 10th January;
    Voting starts then and ends at 23.00 GMT on 13th January.

    However, in light of the length and importance of this proposal, I would like to immediately move for an extension of debate to 23.00 GMT on 13th January, with a view to further extensions nearer the date.


  • group:cid:2:privileges:mods:members

    As the chair of the UDoHR committee I would also like to thank all of those involved named by Cllr Montfort as well. This is the proudest achievement of my career and I am sure that most will find it agreeable with only a few tweak here and there. Because I have been involved in this process and voting on changes in committee I very much think that it is a wholly agreeable document and support it.



  • As a member of the UDHoR Committee, I applaud the Constitution Committee's hard work. I represent the entire Inimician government in saying I find this entirely document undoubtedly agreeable.

    Ralph Jaevons



  • Overall, an absolutely stellar job from everyone Councillor Montfort named. As he said, a few are no longer with us and its a testament to their commitment that they're still responsible for such an important piece of Council business today.

    Moving on the the document itself, I'm more than happy with most of it. Everyone involved has obviously worked very hard, even if I do say so myself as a member of the UDoHR committee. Although, I do have one small problem. In Chapter II, Article VII, Section 1 of the current constitution, the power is granted for this chamber to "...overturn decisions made by the aforementioned institutions.", referring of course to the Commission, ECoJ and other departments of the European Union. However, the proposed constitution leaves this admittedly small, but important element out, instead only detailing the process of impeachment of members.

    I would like to see this part of the constitution remain. This chamber deserves the power to overturn decisions made by different elements of the Union, should it feel a full impeachment is unnecessary. It gives this Council more flexibility when dealing with issues that might need such action, while also keeping the Union to the democratic standard we've grown accustomed to.

    Otherwise, great work from everyone involved!

    John Walters



  • I would support this only if the power to overturn decisions comes at a supermajority.

    Councillor Lech Kaczynski



  • Of course. It was an oversight on my part not to include that in my main point. The power to overturn decisions must obviously be subject to the super-majority conditions that the current Constitution provides.



  • I Would like to echo the words of my colleagues, both of whom raise an important issue.

    Otherwise, the Commonwealth of Davishire does fully support this proposed change.

    Rt Hon Sir Eric Pickles CEDM



  • "I'm wondering if maybe, there should be a part that states that Councillors must be elected representatives and not appointed by the Head of State, just to ensure a fair representation?"

    • James Tournay

  • Banned

    Lord Dean Vaedah approves of this update and thanks everyone who has worked on it.



  • QUOTE (Poretos @ January 11th, 2015 - 17:44)

    "I'm wondering if maybe, there should be a part that states that Councillors must be elected representatives and not appointed by the Head of State, just to ensure a fair representation?"

    • James Tournay

    This would require a legal change and another expensive national election within Davishire and as a result we would not support a new constitution which included such requirements.

    Whilst I am currently the exception, it is typical of the Davishirian Councillor to also hold a seat in the house of commons as a Member of Parliament.


  • Admin

    I'd like to move for a further extension of debate by seven days, to 11pm on 20th January.

    ((OOC: Not least since my activity will be minimal until the 17th.))



  • QUOTE (Poretos @ January 11th, 2015 - 19:44)

    "I'm wondering if maybe, there should be a part that states that Councillors must be elected representatives and not appointed by the Head of State, just to ensure a fair representation?"

    • James Tournay

    "I do not think this is necessary at all. Some nations' heads of government or heads of state appoint their European Councillors, like myself, and I do not think the European Union should have the authority to decree how member states delegate their European Councillor. Fair representation has nothing to do with electing councillors, it has to do with sending councillors who represent the member states' governments, which can, according to the wishes of every individual member state, be decided by popular vote, or by internal appointment.

    In addition, I would like to support an extension of the debate, since this is one of the most important debates we have had in the Council for months."

    Ralph Jaevons


  • Mod

    As EU elected bodies no longer dissolve upon the calling of elections, I believe that I am still Speaker until the Speaker election voting ends. Therefore, I am extending debate until 11pm GMT on 20th January, as requested.

    Acwellan Devoy


  • Admin

    I would like to suggest that we extend debate one final time, to 11pm GMT on 27th January, primarily so as to give our newly-elected Speaker, or perhaps someone else, to put forward an amendment to Article II as he suggested.



  • It is fitting that the both the final and first acts of successive speakers are regarding this important document. Debate is extended until 11 PM GMT, 27th January, as Councillor Montfort has requested.

    I'd also like to propose an amendment to the new constitution's Article II, Section II, Clause VI, relating to the discussion earlier:

    QUOTE

    VI. The European Council may hold a vote of impeachment in the Council Speaker, European Commission, European Court of Justice, or any member thereof. It may also overturn decisions made by the aforementioned institutions and individuals. Such proposals must garner a super-majority of those present to pass. If a vote of impeachment passes against the Commission or Court, the relevant entity is dissolved immediately and an interim election must be held. If such a proposal passes against a Commissioner, Justice, or Council Speaker, that person must resign immediately and an interim election must be held.


  • Admin

    I'd like to endorse that amendment. And I assume it is now time for voting on said amendment.



  • Indeed. Voting on my amendment is now open, the time period of which will be increased by a day to 11 PM GMT, 30th January.

    I, John Walters, vote FOR my amendment.


  • Admin

    I, Peter Montfort, vote FOR the amendment.


  • group:cid:2:privileges:mods:members

    On behalf os Os Corelia I vote FOR the amendment but at instruction of my government the final proposition will be subject to a public referendum .


  • Mod

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