President Of The European Council



  • I wish to put forth the following proposal for debate:

    QUOTE

    President of the European Council

    Preamble

    Recognizing and wishing to address the lack of direct supervision over the European Council since the 26th of May, 2008, this proposal hereby creates the position of President of the European Council. To ensure the proper functioning of the European Council, the Council President shall observe that correct procedure is followed as per the European Constitution.

    Article 1

    Section I

    This proposal hereby creates the position of President of the European Council, to be filled by a current representative of the European Council, excluding representatives from nations holding a seat on the Security Council.

    Section II

    Any current representative of the European Council, excluding representatives from nations holding a seat on the Security Council, may nominate himself or herself for the position of Council President. The nominating period will last 72 hours, to begin directly after the passage of this proposal. If no candidate has been nominated within 72 hours, the nomination period may be extended until a willing candidate has presented himself of herself; this extension shall end 24 hours after the announcement of candidacy.

    Section III

    After the end of the nomination period shall begin a 24 hour period during which candidates may make any brief statements designed to assist their campaign if desired.

    Section IV

    After the end of the debate period shall begin a 72 hour voting period during which all European Council representatives, including candidates and Security Council member states, may vote for any one candidate. All votes must be announced publicly in order to count.

    Section V

    After the end of the voting period, the candidate with the most votes shall be declared the winner and given the title President of the European Council (also referred to as Council President), along with all responsibilities of said position. In the case of a tie, a second vote shall be taken for 48 hours. Only leaders of the first vote are eligible for candidacy in the second.

    Section VI

    The Council President shall serve a term equal to that of the Security Council; that is, the Council President shall remain in office as long as the Security Council remains a legal and active entity of the European Union. Upon restoration of the Constitutional government structure, the Council President shall resign his or her office and resume representation of his or her nation in the European Council.

    Article 2

    Section I

    The Council President shall observe Council proceedings and ensure that said proceedings follow proper procedure, as outlined in Chapter II of the European Constitution. These procedures include, but are not limited to, following defined time scales for debate, amendment and voting of proposals, following proper Council membership requirements, and following proper procedure during votes of no confidence and constitutional amendments.

    Section II

    The Council President shall also ensure that the Security Council fulfills all obligations to the European Council (such as reviewing and signing passes legislation). Should the Security Council fail to fulfill any of these obligations, the Council President is required to bring any and all failures to the attention of both the European Council and the Security Council. If the Security Council does not act to rectify any and all failures in a reasonable amount of time, the Council President is obligated to petition the European Court of Justice regarding said failures.

    Section III

    Should the Council President fail to fulfill any of his or her obligations as outlined in this proposal, he or she may be impeached according to Chapter II, Article VII, Section 1 of the European Constitution. Alternatively, the European Court of Justice may recommend impeachment to the European Council, should any Court investigation reveal misconduct or failure of assigned duties. If the Council President is impeached, a new Council President shall be elected according to Article 1, Sections II ? VI of this proposal.

    Postamble

    The post of Council President is meant to provide order in the period of governance by the Security Council. This post is temporary and its powers limited; it is meant only as a referee of sorts for the European Council, not a position of significant governing power. As soon as possible this position will be eliminated and the regular system of governance resumed.

    Authored by Stadt Luxemburg.



  • The Sildavian Delegate in the European Council seconds the proposal as draftet by Stadt Luxembourg. It has our full approval.



  • Aesop Rocks wishes to suggest amendments to this piece of legislation before we can support it.

    QUOTE

    Section VI

    The Council President shall serve a term equal to that of the Security Council; that is, the Council President shall remain in office as long as the Security Council remains a legal and active entity of the European Union. Upon restoration of the Constitutional government structure, the Council President shall resign his or her office and resume representation of his or her nation in the European Council.

    The Security Council is going to continue to be a 'legal and active entity of the European Union' even when the region is able to hold elections for the Commission. The Security Council will continue to remain an entity of the EU as long as two signatories remain and in the knowledge that Aesop Rocks will never withdraw, as well as the presumption that the Soviet Union will do the same, we believe this Section will lead to an undemocratic system in which the first Council President will be the only one ever to be legally elected. We suggest the following change:

    QUOTE

    The Council President shall serve a term of two months, equal to that of the European Commission. No Council President may serve more than two consecutive terms in office. This position shall remain as long as the European Union is governed in the structure as outlined in the current Constitution.

    We believe that by making this position a permenant one, it can further the co-operation between Commission and Council, as well as ensuring that the system remains democratic.

    We also request that all references made to the Council President's authority and duties towards the Council via the holding-to-account of the Security Council, be expanded to include the European Commission as well so that this legislation still has authority once the Security Council stop governing and the Commission begin.

    QUOTE

    If the Security Council does not act to rectify any and all failures in a reasonable amount of time, the Council President is obligated to petition the European Court of Justice regarding said failures.

    We request this be stricken from the Legislation in the belief that such a suggestion could lead to bias within the ECoJ, or should any bias pre-exist, the ability of the ECoJ to remove Security Council/Commission from authority. We do not believe it the legal duty of the ECoJ to hold the authority to impeach members of any governing body of this Union because of opinion-based ideas such as the 'failure of duties.' It could be said that because the Security Council have not managed to bring in 200 new members to our Union that this is a dereliction of duty and so the ECoJ could impeach its members, whereas this is obviously not the case. Aesop Rocks feels strongly that whilst all bodies of this Union should be accountable, they should be accountable to the Council who may take the decision to hold Votes of No Confidence against members or bodies, and who may not impeach members and so by implicate them as criminals.

    As this legislation stands, Aesop Rocks current votes against it. Until such changes are made, Aesop Rocks will continue to work for the suggestions and refuse to accept this as a viable piece of legislation.



  • Stadt Luxemburg has no argument against the first amendment proposed by Aesop Rocks. However, we do hold Article 2, Section II to be an important function of the Council President. I do believe that that the Aesop Rockian delegate has misinterpreted my words, though. In no way is this proposal meant to imply that the European Court of Justice has the power to impeach or otherwise force the resignation of members of the Security Council; rather it may recommend that the European Council begin impeachment proceedings. Such a recommendation would be in no way binding, but rather a suggestion from another branch of government, a last-resort power check due to the nonpolitical nature of the Court.

    The main reason for the inclusion of this clause is concern caused by the Security Council's inactivity as of now. We do certainly understand that activity will increase once the SC is fully organized and running, and do not anticipate a Council President ever having to exercise this responsibility. However, should the Security Council sign the passed proposal "Temporary Suspension of Article IIX As It Pertains to the European Court of Justice", the clause in question will no longer be necessary, as the Court will be able to open an independent investigation into any alleged misconduct.

    I truly do understand that logistical concerns make it difficult for the Security Council to function at a full level this early, but I also believe in the principle of checks and balances. It is my firm opinion that, as long as "Temporary Suspension of Article IIX As It Pertains to the European Court of Justice" is unsigned, the disputed clause must remain in this proposal.



  • Luvenburg seconds the proposal by Stadt Luxemburg as is and without any ammendments.



  • Angleter also supports the unamended bill by Stadt Luxemburg.



  • Both the 48 hour debate period and 72 hour amendment period have now passed. I call for a vote for this proposal including the first Aesop Rockian amendment, but not the second. The text of the proposal at vote is as follows:

    QUOTE

    President of the European Council

    Preamble

    Recognizing and wishing to address the lack of direct supervision over the European Council since the 26th of May, 2008, this proposal hereby creates the position of President of the European Council. To ensure the proper functioning of the European Council, the Council President shall observe that correct procedure is followed as per the European Constitution.

    Article 1

    Section I

    This proposal hereby creates the position of President of the European Council, to be filled by a current representative of the European Council, excluding representatives from nations holding a seat on the Security Council.

    Section II

    Any current representative of the European Council, excluding representatives from nations holding a seat on the Security Council, may nominate himself or herself for the position of Council President. The nominating period will last 72 hours, to begin directly after the passage of this proposal. If no candidate has been nominated within 72 hours, the nomination period may be extended until a willing candidate has presented himself of herself; this extension shall end 24 hours after the announcement of candidacy.

    Section III

    After the end of the nomination period shall begin a 24 hour period during which candidates may make any brief statements designed to assist their campaign if desired.

    Section IV

    After the end of the debate period shall begin a 72 hour voting period during which all European Council representatives, including candidates and Security Council member states, may vote for any one candidate. All votes must be announced publicly in order to count.

    Section V

    After the end of the voting period, the candidate with the most votes shall be declared the winner and given the title President of the European Council (also referred to as Council President), along with all responsibilities of said position. In the case of a tie, a second vote shall be taken for 48 hours. Only leaders of the first vote are eligible for candidacy in the second.

    Section VI

    The Council President shall serve a term of two months, equal to that of the European Commission. No Council President may serve more than two consecutive terms in office. This position shall remain as long as the European Union is governed in the structure as outlined in the current Constitution.

    Article 2

    Section I

    The Council President shall observe Council proceedings and ensure that said proceedings follow proper procedure, as outlined in Chapter II of the European Constitution. These procedures include, but are not limited to, following defined time scales for debate, amendment and voting of proposals, following proper Council membership requirements, and following proper procedure during votes of no confidence and constitutional amendments.

    Section II

    The Council President shall also ensure that the Security Council fulfills all obligations to the European Council (such as reviewing and signing passes legislation). Should the Security Council fail to fulfill any of these obligations, the Council President is required to bring any and all failures to the attention of both the European Council and the Security Council. If the Security Council does not act to rectify any and all failures in a reasonable amount of time, the Council President is obligated to petition the European Court of Justice regarding said failures.

    Section III

    Should the Council President fail to fulfill any of his or her obligations as outlined in this proposal, he or she may be impeached according to Chapter II, Article VII, Section 1 of the European Constitution. Alternatively, the European Court of Justice may recommend impeachment to the European Council, should any Court investigation reveal misconduct or failure of assigned duties. If the Council President is impeached, a new Council President shall be elected according to Article 1, Sections II ? VI of this proposal.

    Postamble

    The post of Council President is meant to provide order in the period of governance by the Security Council. This post is temporary and its powers limited; it is meant only as a referee of sorts for the European Council, not a position of significant governing power. As soon as possible this position will be eliminated and the regular system of governance resumed.

    Authored by Stadt Luxemburg.

    Stadt Luxemburg votes AYE.



  • Aesop Rocks votes AGAINST



  • Angleter votes AYE.



  • Harrigin votes AYE.



  • The Holy Roman Empire votes: AYE



  • The 72 hour voting period has ended. The final vote count is as follows:

    4 AYES
    1 NAY

    This proposal is hereby passed. It shall be sent immediately to the Security Council for signing.


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