The Constitution of the European Union
THE CONSTITUTION OF THE EUROPEAN UNION
PREAMBLEWe, 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 of impeachment in the Council Speaker, European Commission, European Court of Justice, or any member thereof. Such a proposal 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.
Section III – Voting in the European Council
I. A Bill, amendment, repeal, statement, or impeachment is proposed by a Councillor or a Commissioner. A Commissioner may only table legislation within their brief except for the Premier Commissioner who may table legislation on any topic.
II. Councillors then debate the proposal for 96 hours. During this period, unless the proposal is a repeal or impeachment, amendments may be proposed by any Councillor, to be adopted at the discretion of the presenter of the proposal.
II. Councillors and the proposing Commissioner then debate the proposal for 48 hours. During this period, unless the proposal is a repeal or impeachment, 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 for 48 hours to determine if the amendments shall be made. Amendments require a simple majority of 55% to pass.
III. Councillors only then 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.
IV. 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 delegate these responsibilities to any Councillor, or defer to the presenter of a proposal. 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. 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.
ARTICLE III – THE EUROPEAN COMMISSION
Section I – Definition of the European Commission
I. The European Commission is the executive authority of the European Union. The European Commission consists of five democratically-elected Commissioners, elected by the European Council.
II. The term for the Commission shall last four months. No country may have a citizen or national of itself elected for more than two consecutive terms.
III. Commissioners do not represent nor are they related to any government of the European Union. Each Commissioner must be from a separate country.
Section II – Duties of the European Commission
I. The European Commission is charged with the duty of managing the Offices of the Premier Commissioner, Defence and Peacekeeping, Internal Affairs, Foreign Affairs, and Economics, as well as their subsequent duties.
II. The European Commission is responsible for the enforcement of European Council decisions among the member states.
Section III – Election Procedures
I. Any nation may put forward as many candidates as it wishes, but only the most successful candidate from each nation is eligible for election.
II. The nomination period shall last seven days, to be followed by a seven day period in which debates shall be held, to be followed in turn by seven days of voting.
III. Voters rank in order of preference as many candidates as they wish.
IV. The five members of the next Commission shall be elected using the Single Transferable Vote system, using the Hagenbach-Bischoff Quota.
V. The Premier Commissioner shall be elected from among the five successful candidates using the Alternative Vote system.
VI. In either 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.
VII. The new Commission shall be sworn in and replace the outgoing Commission the next day.
Section IV – Decision-Making in the European Commission
I. The European Commission may replace the Premier Commissioner or members lost as a result of a vote of impeachment. Such a motion requires a nomination and election of candidates as outlined in Article III, Section III.
II. The Premier Commissioner may change with a three-fifths majority of the Commission voting in favour. The change is followed by a vote of approval by the European Council to confirm its confidence in the new Premier Commissioner.
III. Any decision made by the European Commission requires a three-fifths majority among the Commissioners.
Section V – Offices of the European Commission
I. The European Commission consists of the Office of the Premier Commissioner, the Office of Defence and Peacekeeping, the Office of Internal Affairs, the Office of Foreign Affairs, and the Office of Economics.
II. Each Office is headed by a Commissioner, whose job title is named after the relevant Office.
Section VI – Office of the Premier Commissioner
I. The Office of the Premier Commissioner is headed by the Premier Commissioner.
II. The Office of the Premier Commissioner is first among equals of the Offices of the European Commission, and the Premier Commissioner shall preside over all meetings of the European Commission.
III. The Office of the Premier Commissioner is responsible for appointing each Commissioner to their respective Office; and for establishing a line of succession to determine the order in which the European Commissioners would assume the role of Premier Commissioner on an acting basis should the current Premier Commissioner become incapable of serving.
IV. The Office of the Premier Commissioner is responsible for setting an agenda for each Commission, for co-operation between the Offices of the European Commission and between the European Commission and the European Council, and for signing off on passed European Council legislation and European Commission decisions. The Premier Commissioner has no right to withhold his signature or exercise any kind of veto over Council legislation.
Section VII – Office of Defence and Peacekeeping
I. The Office of Defence and Peacekeeping is headed by the European Commissioner for Defence and Peacekeeping.
II. The Office of Defence and Peacekeeping is responsible for mediating conflicts between member states.
III. The Office of Defence and Peacekeeping is responsible for co-ordinating regional relief efforts for parts of the region blighted by conflict or natural disaster.
IV. The Office of Defence and Peacekeeping is responsible for maintaining the defence and security of Europolis, and for organising co-operation between national security services active within Europolis and the Europolis security services.
Section VIII – Office of Internal Affairs
I. The Office of Internal Affairs is headed by the European Commissioner for Internal Affairs.
II. The Office of Internal Affairs is responsible for relations between the European Commission and the member states.
III. The Office of Internal Affairs is responsible for the promotion of political freedoms and civil rights among the member states of the European Union, and for encouraging co-operation between member states for the benefit of the European Union as a whole.
IV. The Office of Internal Affairs is responsible for encouraging efficiency and good governance among the institutions of the European Union.
Section IX – Office of Foreign Affairs
I. The Office of Foreign Affairs is headed by the European Commissioner for Foreign Affairs.
II. The Office of Foreign Affairs is responsible for relations between the European Union and other regions, including through the maintenance of alliances and embassies.
III. The Office of Foreign Affairs is responsible for encouraging nations outside the region to accede to the European Union.
Section X – Office of Economics
I. The Office of Economics is headed by the European Commissioner for Economics.
II. The Office of Economics is responsible for managing the finances of the institutions of the European Union, including through the presentation of a budget for each financial year for the Council to debate and vote on according to the provisions of Article II, Section III. In the event of the Council rejecting a proposed budget, the Office of Economics is required to present alternative budgets until one is passed by the Council.
III. The Office of Economics is responsible for the promotion of economic co-operation among the member states, and for monitoring the strength of the economy of the member states and of the European Union as a whole.
IV. The Office of Economics is responsible for overseeing the European Central Bank, the entity responsible for managing the European Union’s official currency, the Euro (€).
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.
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