Debate will continue until 23:59 GMT on 11 May 2023.
As I previously told Commissioner Juncker privately, I am in favor of a reform along these lines, and applaud his effort to bring this Council to heel, so to speak. However, I have concerns over the exact wording of this amendment, which is vague and open to abuse. I therefore propose the following amendments:
AMENDMENT II
Article II
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 may bar Councillors with a history of violence from entry into the Council chambers, but must provide them with alternative methods of participation.
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.
AMENDMENT III
Article II. 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 must act in respect of the political and cultural sovereignty of the member-states of the European Union.
VI. VII. 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. ~~ VIII. 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.
AMENDMENT III
ARTICLE IV. THE EUROPEAN COURT OF JUSTICE
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, and may issue advisory opinions to this end.
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.
AMENDMENT IV
ARTICLE II. THE EUROPEAN COUNCIL
Section I. The European Council
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. No Councillor may have a major crime record.
Section II. Powers of the European Council
I. The European Council has supreme legislative initiative to create statutory law (Acts) about certain matters in the European Union. A Bill must garner a simple majority of those present to pass and become an Act.
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 the subject of the discussion is within the legislative competences of the European Council 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.
Add the following article:
VIII. The European Council may not adopt statutory laws which involve changes to borders of the Member States, the creation of an area of free movement or free trade on European territory, or the modification of a State's foreign, tax or security policy.
DEROGATORY PROVISION
All conflicting acts are hereby repealed following the adoption of these amendments.
In essence, discretion over limitations on Council membership and competences will be in the hands of the Speaker and the ECoJ respectively.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen