PREAMBLE
DRAWING INSPIRATION from the
cultural, Judeo-Christian and humanist inheritance of Europe, from which have
developed the universal values of the inviolable and inalienable rights of the
human person, freedom, democracy, equality and the rule of law,
BELIEVING that Europe, reunited
after bitter experiences, intends to continue along the path of civilisation,
progress and prosperity, for the good of all its inhabitants, including the
weakest and most deprived; that it wishes to remain a continent open to
culture, learning and social progress; and that it wishes to deepen the
democratic and transparent nature of its public life, and to strive for peace,
justice and solidarity throughout the world,
CONVINCED that, while remaining
proud of their own national identities and history, the peoples of Europe are determined to transcend their former divisions
and, united ever more closely, to forge a common destiny,
CONVINCED that, thus ‘United in
diversity’, Europe offers them the best chance of pursuing, with due regard for
the rights of each individual and in awareness of their responsibilities
towards future generations and the Earth, the great venture which makes of it a
special area of human hope,
DETERMINED to continue the work
accomplished within the framework of the Treaties establishing the European
Communities and the Treaty on European Union, by ensuring the continuity of the
Community acquis,
GRATEFUL to the members of the
European Convention for having prepared the draft of this
Constitution on behalf of the
citizens and States of Europe,
HAVE agreed as follows:
CHAPTER I
UNION AND MEMBER
STATES
Article 1
(1) The European Union is a federal
democratic republic, which create the sovereign Member States.
(2) All power emanates from the People, who
exercise it through elected representatives or directly, under this
Constitution.
Article 2
(1) European Union as a federation create sovereign
Member States: Ukraine, Sweden, Romania, Italy, Germany,
France, Denmark, Bulgaria, Poland, United Kingdom, Spain, Belarus, Serbia, Finland,
Switzerland, Malta, Ireland, Moldova, Estonia, Montenegro, Austria, Portugal, Netherlands,
Georgia, Norway, Kosovo, Cyprus, Slovenia, Luxembourg, Armenia, Lithuania,
Bosnia and Herzegovina, Greece, the Czech Republic, Belgium, Iceland, Albania, Hungary,
North Macedonia, Slovakia, Croatia and Latvia.
(2) The territory of the European Union is a single
unified whole and consists of the territories of the Member States.
(3) The territory of the Member State
may not be altered without the consent of that Member State.
(4) The frontiers of the European Union may
not be altered without the consent of all Member States.
(5) Boundaries between the Member States may
only be altered on the basis of mutual agreement.
Article 3
The Union is founded on the values of respect for human
dignity, freedom, democracy, equality, the rule of law and respect for human
rights, including the rights of persons belonging to minorities. These values
are common to the Member States in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality between women
and men prevail.
Article 4
(1) The Union's
aim is to promote peace, its values and the well-being of its peoples.
(2) The Union
shall offer its citizens an area of freedom, security and justice without
internal frontiers, and an internal market where competition is free and
undistorted.
(3) The Union shall work for the sustainable
development of Europe based on balanced
economic growth and price stability, a highly competitive social market
economy, aiming at full employment and social progress, and a high level of
protection and improvement of the quality of the environment. It shall promote
scientific and technological advance. It shall combat social exclusion and discrimination,
and shall promote social justice and protection,
equality between women and
men, solidarity between generations and protection of the rights of the child. It
shall promote economic, social and territorial cohesion, and solidarity among
Member States. It shall respect its rich cultural and linguistic diversity, and
shall ensure that Europe's cultural heritage is
safeguarded and enhanced.
(4) In its relations with the wider world,
the Union shall uphold and promote its values
and
interests. It shall
contribute to peace, security, the sustainable development of the Earth, solidarity
and mutual respect among peoples, free and fair trade, eradication of poverty
and the protection of human rights, in particular the rights of the child, as
well as to the strict observance and the development of international law,
including respect for the principles of the United Nations Charter.
(5) The Union
shall pursue its objectives by appropriate means commensurate with the
competences which are conferred upon it in the Constitution.
Article 5
(1) The Union territory is a uniform
currency, economic and customs area.
(2) Intermediate customs barriers or other
traffic restrictions may not be established within Union territory.
Article 6
The Union capital and seat
of the highest Union authorities is City of Brussels.
Article 7
(1) The flag of the Union
shall be a circle of twelve golden stars on a blue background.
(2) The anthem of the Union
shall be based on the ‘Ode to Joy’ from the Ninth Symphony by Ludwig van Beethoven.
Esperanto lyrics by Umberto Broccatelli:
„Kantu kune amikaro,
Ni la ĝojon festas nun,
Nek rivero, nek montaro
Plu landlimoj estas nun.
Ho Eŭropo, hejmo nia,
Tro daŭradis la divid‘;
Nun brilegu belo via,
Ĉiu estas via id‘.
Via flago kunfratigas
Homojn post milita temp‘,
Via leĝo nun kunigas
Civitanojn en konsent‘.
De l' Malnova Kontinento
Ĵus ekstaris la popol',
Gvidas ĝin tre nova sento
Kaj kuniga forta vol'.
Sub la ŝildo de la juro
ni vivados en konkord'.
Tio estas nia ĵuro:
unu land' kaj unu sort'.
Jen ekzemplo por la mondo:
jen direkto, jen la voj':
tuthomara granda rondo
en la paco, en la ĝoj'!”
(3) The motto of the Union
shall be: ‘Unuiĝinta en la diverseco’.
(4) The currency of the Union
shall be the euro.
(5) Europe day shall be celebrated on 9 May
throughout the Union, which is a day off from
work.
(6) Details of the flag and the anthem sets
European law.
Article 8
(1) Esperanto is, without prejudice to the
linguistic and cultural diversity of the Member States, the official language
of the Union.
(2) Member States shall determine their
official languages.To ensure harmonious coexistence between
linguistic communities, they point out the traditional linguistic structure of
the region and take into account the indigenous linguistic minorities.
(3) It shall be the duty of the Union to
promote the spread of the Esperanto language, to develop it so that it may
serve as a medium of expression for all the elements of the composite culture
of European Union.
Article 9
(1) For the European Union there prevails a
uniform nationality.
(2) Every national of a Member State
is also a citizen of the European Union.
(3) A citizen of one Member
State is in the territory of another Member State
the same rights and obligations as a its nationals.
Article 10
(1) Ratification of an international
agreement by the European Union, as well as renunciation thereof, shall require
prior consent granted by statute - if such agreement concerns:
1. peace, alliances, political or military treaties;
2. freedoms, rights or obligations of citizens, as
specified in the Constitution;
3. the European Union's membership in an
international organization;
4. considerable financial responsibilities imposed
on the Union;
5. matters regulated by european law or those in
respect of which the Constitution requires the form of a european law.
(2) The President of the European Executive Council
shall inform the Chamber of Deputies and Senat of any
intention to submit, for ratification by the President of the European Union,
any international agreements whose ratification does not require consent
granted by european law.
(3) The principles of and procedures for the
conclusion and renunciation of international agreements shall be specified by european
law.
Article 11
(1) The European Union may, by virtue of
international agreements, delegate to an international organization or
international institution the competence of organs of Union authority in
relation to certain matters.
(2) A european law, granting consent for
ratification of an international agreement referred to in para.1, shall be
passed by the Chamber of Deputies by a two-thirds majority vote in the presence
of at least half of the statutory number of Deputies, and by the Senat by a majority of at least 2/3 of the Member States which together
hold at least 2/3 of votes in the Senat.
Article 12
(1) After promulgation thereof in the
Journal of Laws of the European Union a ratified international agreement shall
constitute part of the domestic legal order and shall be applied directly, unless
its application depends on the enactment of a European law.
(2) An international agreement ratified
upon prior consent granted by European law shall have precedence over European
laws if such an agreement cannot be reconciled with the provisions of such European
laws.
(3) If an agreement, ratified by the European
Union, establishing an international organization so provides, the laws
established by it shall be applied directly and have precedence in the event of
a conflict of European laws.
Article 13
All merchant vessels of
the Member States shall constitute a unitary merchant fleet.
Article 14
(1) The constitutional order in the Member
States must conform to the
principles of a democratic
state governed by the rule of law, within the meaning of this Constitution. In
each Member States and municipality the people shall be represented by a body
chosen in general, direct, free, equal and secret elections.
(2) The Union
shall guarantee that the constitutional order of the Member States conforms to
the Charter of Fundamental Rights and to the provisions of paragraphs 1.
Article 15
(1) The European Union shall ensure freedom
for the creation and functioning of political parties at European level.
Political parties shall be founded on the principle of voluntariness and upon
the equality of Union citizens, and their purpose shall be to influence the formulation
of the policy of the Union by democratic means
and contribute to forming European political awareness.
(2) European laws shall lay down the
regulations governing the political parties at European level referred to in
paragraph 1, and in particular the rules regarding their funding. The financing
of political parties shall be open to public inspection.
(3) Political parties and other organizations
whose programmes are based upon totalitarian methods and the modes of activity
of nazism, fascism and communism, as well as those whose programmes or
activities sanction racial or national hatred, the application of violence for
the purpose of obtaining power or to influence the State policy, or provide for
the secrecy of their own structure or membership, shall be prohibited.
Article 16
(1) The Member States are sovereign except to
the extent that their sovereignty is limited by
the Constitution of the
European Union.
(2) Except as otherwise provided or permitted
by this Constitution, the exercise of state powers and the discharge of state functions
is a matter for the Member States.
Article 17
The Constitution and law
adopted by the institutions of the Union in
exercising competences conferred on it shall have primacy over the law of the
Member States.
Article 18
(1) Foreign relations are the responsibility
of the Union. It shall respect the powers of
the Member States and protect their interests.
(2) The Member States shall be consulted on
foreign policy decisions that affect their powers
or their essential
interests. The Union shall inform the Member
States fully and in good time and shall consult with them.
(3) The views of the Member States are of
particular importance if their powers are affected. In such cases, the Member
States shall participate in international negotiations in an appropriate
manner.
(4) A Member State
may conclude treaties with foreign states on matters that lie within the scope
of its powers. Such treaties must not conflict with the law or the interests of
the Union, or with the law of any other Member
States. A Member State may deal directly with lower ranking foreign
authorities. In other cases, the Union shall conduct relations with foreign states
on behalf of a Member State.
(5) The Prime Minister of Member State must
inform the European Executive Council before the initiation of negotiations
about such a treaty. The European Executive Council’s approval must be obtained
by the Prime Minister of Member State before their conclusion. The approval is
deemed to have been given if the European Executive Council has not within 60
days from the day that the request for approval has reached the European
Executive Council told the Prime Minister of Member State that approval is
withheld. The authorization to initiate negotiations and to conclude the treaty
is incumbent on the President of the European Union after the recommendation of
the Member State Government and with the countersignature of the Prime Minister
of Member State.
(6) Treaties concluded by a Member State in
accordance with para. 4 above shall be revoked upon request by the European
Executive Council. If a Member State does not duly comply with this obligation,
competence in the matter passes to the Union.
(7) The Member States are bound to take
measures which within their autonomous sphere of competence become necessary
for the implementation of international treaties; should a Member State fail to
comply punctually with this obligation, competence for such measures, in
particular too for the issue of the necessary laws, passes to the Union. A
measure taken by the Union pursuant to this provision, in particular the issue
of such a law or the issue of such an ordinance, becomes invalid as soon as the
Member State has taken the requisite action.
(8) In the same way the Union is in the case
of implementation of international treaties entitled to supervision also in
such matters as belong to the Member States’s own sphere of competence. The powers
vested in the Union as against the Member States are in this instance the same
as in matters pertaining to indirect european administration.
Article 19
(1) The Member States may enter into
agreements with each other and establish common organisations and institutions.
In particular, they may jointly undertake tasks of regional importance
together. The Union may participate in such
organisations or institutions within the scope of its powers.
(2) Agreements between Member States must not
be contrary to the law, to the interests of
the Union
or to the rights of other Member States. The European Executive Council must be
notified of such agreements within 21 days from the date of adoption.
Article 20
(1) All Union and Member States authorities shall render legal and
administrative assistance to one another.
(2) Full Faith and Credit shall be given in
each Member State
to the public Acts, Records, and judicial Proceedings of every other Member State.
The Union may by european laws prescribe the
Manner in which such Acts, Records and Proceedings shall be proved, and the
Effect thereof.
(3) The Citizens of each Member State
shall be entitled to all Privileges and Immunities of Citizens in the several Member
States.
(4) A Person charged in any Member State with
Treason, Felony, or other Crime, who shall flee from Justice, and be found in
another Member State, shall on Demand of the executive Authority of the Member State
from which he fled, be delivered up, to be removed to the Member State having
Jurisdiction of the Crime.
Article 21
(1) Civil servants employed by the highest Union
authorities shall be drawn from all Member States in appropriate
proportion. Persons employed by other Union authorities shall, as a rule, be
drawn from the Member State in which they serve.
(2) Laws regarding military service shall
also take into account both the division of the Union
into Member States and the regional loyalties of their people.
Article 22
(1) If a Member State fails to comply with its obligations under this
Constitution or other European laws, the European Executive Council, with the
consent of the Senat, may take the necessary steps to compel the Member State to comply with its duties.
(2) For the purpose of implementing such
coercive measures, the European Executive Council or its representative shall
have the right to issue instructions to all Member States and their authorities.
(3) The permissible means of application
under federal compulsion are:
1. the nomissal appointment of the offices of a
Member State by agents of the European Executive Council who may exercise the
entire State authority of a Member State, except in the area of judiciary,
2. taking over the execution of individual acts of
the state authority of a Member State, including legislation, by the European
Executive Council or its proxies,
3. blocking the financial resources of a Member
State,
4. blocking the payment of funds to a Member State,
5. refusal to fulfill the Union's obligations
towards a Member State,
6. the use of the forces of the European Border
Guard and police forces of other Member States.
(4) Unacceptable to use all the means of
irreversible character. The Union can not make:
1. the liquidation of a Member State,
2. dismissal of the government of the Member State
from office,
3. the dissolve the parliament of the Member State,
4. entering the sphere of judiciary,
5. the use of the European Armed Forces,
6. the controlling the manner in which a Member
State casts votes in the Senat.
Article 23
(1) The Union
shall be open to all European States which respect the values referred to in
Article 3, and are committed to promoting them together.
(2) Any European
State which wishes to become a member
of the Union shall address its application to
the Senat. The Chamber of Deputies and national
Parliaments shall be notified of this application. The Senat shall act unanimously after consulting the European Executive Council
and after obtaining the consent of the Chamber of Deputies, which shall act by
a majority of at least 2/3 of votes in the presence of at least half of the
statutory number of Deputies. The conditions and arrangements for admission
shall be the subject of an agreement between the Member
States and the candidate State.
That agreement shall be subject to ratification by each contracting State, in
accordance with its respective constitutional requirements.
Article 24
(1) Any Member
State may decide to withdraw from the Union in accordance with its own
constitutional
requirements. The decision of a of the Member
State of
the Union requires confirmation in a popular
referendum occurring. Referendum
ordered on a date not earlier than 180 days and not later than 360 days from
the date of the Senat wish to withdraw from the Union, specifying the date of the vote on a day off from
work. Voting is carried out on the issue of whether the state should be present
in the remains as before. If the referendum
was attended by more than half of the right to vote, the referendum is binding. If a
majority of voters oppose withdraw from the Union
will vote or not important because of the low turnout, another referendum may
be held earlier than five years after the first.
(2) A Member State
which decides to withdraw shall notify the Senat of
its intention. In the light of the guidelines provided by the Senat, the Union shall negotiate and conclude an
agreement with that State, setting out the arrangements for its withdrawal,
taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance
with Article 10. It shall be concluded by the Senat, acting by a majority of at least 2/3 of the Member
States which together hold at least 2/3 of votes in the Senat, after obtaining the consent of the Chamber of Deputies by a majority of
at least 2/3 of votes in the presence of at least half of the statutory number
of Deputies.
(3) The Constitution shall cease to apply to
the State in question from the date of entry into force of the withdrawal
agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the Senat, in agreement with the Member
State concerned, unanimously decides to extend this period.
(4) For the purposes of paragraphs 2 and 3,
the member of the Senat or of the Council representing the
withdrawing Member
State shall not
participate in the discussions of the Senat or in European decisions concerning it.
(5) If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the
procedure referred to in Article 23.
CHAPTER II
THE CHARTER
OF FUNDAMENTAL RIGHTS
Article 25
Human dignity is
inviolable. It must be respected and protected.
Article 26
(1) Everyone has the right to life.
(2) No one shall be condemned to the death
penalty, or executed.
Article 27
(1) Everyone has the right to respect for his
or her physical and mental integrity.
(2) In the fields of medicine and biology,
the following must be respected in particular:
1. the free and informed consent of the person
concerned, according to the procedures laid down by law;
2. the prohibition of eugenic practices, in
particular those aiming at the selection of persons;
3. the prohibition on making the human body and its
parts as such a source of financial gain;
4. the prohibition of the reproductive cloning of
human beings.
Article 28
No one shall be subjected
to torture or to inhuman or degrading treatment or punishment.
Article 29
(1) No one shall be held in slavery or
servitude.
(2) No one shall be required to perform
forced or compulsory labour.
(3) Trafficking in human beings is
prohibited.
Article 30
Everyone has the right to
liberty and security of person.
Article 31
Everyone has the right to
respect for his or her private and family life, home and communications.
Article 32
(1) Everyone has the right to the protection
of personal data concerning him or her.
(2) Such data must be processed fairly for
specified purposes and on the basis of the consent of the person concerned or
some other legitimate basis laid down by law. Everyone has the right of access
to data which has been collected concerning him or her, and the right to have
it rectified.
(3) Compliance with these rules shall be
subject to control by an independent authority.
Article 33
The right to marry and the
right to found a family shall be guaranteed in accordance with the
Member States laws
governing the exercise of these rights.
Article 34
(1) Everyone has the right to freedom of
thought, conscience and religion. This right includes
freedom to change religion
or belief and freedom, either alone or in community with others and in public
or in private, to manifest religion or belief, in worship, teaching, practice
and observance.
(2) The right to conscientious objection is
recognised, in accordance with the Member States laws governing the exercise of
this right.
Article 35
(1) Everyone has the right to freedom of
expression. This right shall include freedom to hold
opinions and to receive
and impart information and ideas without interference by public authority and
regardless of frontiers.
(2) The freedom and pluralism of the media
shall be respected.
Article 36
(1) Everyone has the right to freedom of
peaceful assembly and to freedom of association at all levels, in particular in
political, trade union and civic matters, which implies the right of everyone to
form and to join trade unions for the protection of his or her interests.
(2) Political parties at Union level
contribute to expressing the political will of the citizens of the Union.
Article 37
The arts and scientific
research shall be free of constraint. Academic freedom shall be respected.
Article 38
(1) Everyone has the right to education and
to have access to vocational and continuing training.
(2) This right includes the possibility to
receive free compulsory education.
(3) The freedom to found educational
establishments with due respect for democratic principles and the right of
parents to ensure the education and teaching of their children in conformity
with their religious, philosophical and pedagogical convictions shall be
respected, in accordance with the Member States laws governing the exercise of
such freedom and right.
Article 39
(1) Everyone has the right to engage in work
and to pursue a freely chosen or accepted occupation.
(2) Every citizen of the Union has the
freedom to seek employment, to work, to exercise the right of establishment and
to provide services in any Member
State.
(3) Nationals of third countries who are
authorised to work in the territories of the Member States are entitled to
working conditions equivalent to those of citizens of the Union.
Article 40
The freedom to conduct a
business in accordance with Union law and Member States laws and practices is recognised.
Article 41
(1) Everyone has the right to own, use,
dispose of and bequeath his or her lawfully acquired
possessions. No one may be
deprived of his or her possessions, except in the public interest and in the
cases and under the conditions provided for by law, subject to fair
compensation being paid in good time for their loss. The use of property may be
regulated by law insofar as is necessary for the general interest.
(2) Intellectual property shall be protected.
Article 42
The right to asylum shall
be guaranteed with due respect for the rules of the Geneva Convention of 28
July 1951 and the Protocol of 31 January 1967 relating to the status of
refugees and in accordance with the Constitution.
Article 43
(1) Collective expulsions are prohibited.
(2) No one may be removed, expelled or
extradited to a State where there is a serious risk that he or she would be
subjected to the death penalty, torture or other inhuman or degrading treatment
or punishment.
Article 44
Everyone is equal before
the law.
Article 45
(1) Any discrimination based on any ground
such as sex, race, colour, ethnic or social origin, genetic features, language,
religion or belief, political or any other opinion, membership of a national minority,
property, birth, disability, age or sexual orientation shall be prohibited.
(2) Within the scope of application of the
Constitution and without prejudice to any of its specific provisions, any
discrimination on grounds of nationality shall be prohibited.
Article 46
The Union
shall respect cultural, religious and linguistic diversity.
Article 47
Equality between women and
men must be ensured in all areas, including employment, work and pay. The
principle of equality shall not prevent the maintenance or adoption of measures
providing for specific advantages in favour of the under-represented sex.
Article 48
(1) Children shall have the right to such
protection and care as is necessary for their well-being. They may express
their views freely. Such views shall be taken into consideration on matters
which concern them in accordance with their age and maturity.
(2) In all actions relating to children,
whether taken by public authorities or private institutions, the child's best
interests must be a primary consideration.
(3) Every child shall have the right to
maintain on a regular basis a personal relationship and direct contact with
both his or her parents, unless that is contrary to his or her interests.
Article 49
The Union
recognises and respects the rights of the elderly to lead a life of dignity and
independence and to participate in social and cultural life.
Article 50
The Union
recognises and respects the right of persons with disabilities to benefit from
measures designed to ensure their independence, social and occupational
integration and participation in the life of the community.
Article 51
Workers or their
representatives must, at the appropriate levels, be guaranteed information and consultation
in good time in the cases and under the conditions provided for by Union law
and Member States laws and practices.
Article 52
Workers and employers, or
their respective organisations, have, in accordance with Union law and Member
States laws and practices, the right to negotiate and conclude collective
agreements at the appropriate levels and, in cases of conflicts of interest, to
take collective action to defend their interests, including strike action.
Article 53
Everyone has the right of
access to a free placement service.
Article 54
Every worker has the right
to protection against unjustified dismissal, in accordance with Union law and Member
States laws and practices.
Article 55
(1) Every worker has the right to working
conditions which respect his or her health, safety and dignity.
(2) Every worker has the right to limitation
of maximum working hours, to daily and weekly
rest periods and to an
annual period of paid leave.
Article 56
The employment of children
is prohibited. The minimum age of admission to employment may not be lower than
the minimum school-leaving age, without prejudice to such rules as may be more
favourable to young people and except for limited derogations. Young people
admitted to work must have working conditions appropriate to their age and be protected
against economic exploitation and any work likely to harm their safety, health
or physical,
mental, moral or social
development or to interfere with their education.
Article 57
(1) The family shall enjoy legal, economic
and social protection.
(2) To reconcile family and professional
life, everyone shall have the right to protection from
dismissal for a reason
connected with maternity and the right to paid maternity leave and to parental leave
following the birth or adoption of a child.
Article 58
(1) The Union
recognises and respects the entitlement to social security benefits and social
services providing protection in cases such as maternity, illness, industrial
accidents, dependency or old age, and in the case of loss of employment, in
accordance with the rules laid down by Union law and Member States laws and
practices.
(2) Everyone residing and moving legally
within the European Union is entitled to social security benefits and social
advantages in accordance with Union law and Member States laws and practices.
(3) In order to combat social exclusion and
poverty, the Union recognises and respects the
right to social and housing assistance so as to ensure a decent existence for
all those who lack sufficient resources, in accordance with the rules laid down
by Union law and Member States laws and practices.
Article 59
Everyone has the right of
access to preventive health care and the right to benefit from medical treatment
under the conditions established by Member States laws and practices. A high
level of human health protection shall be ensured in the definition and
implementation of all Union policies and activities.
Article 60
The Union recognises and
respects access to services of general economic interest as provided for in Member
States laws and practices, in accordance with the Constitution, in order to
promote the social and territorial cohesion of the Union.
Article 61
A high level of
environmental protection and the improvement of the quality of the environment must
be integrated into the policies of the Union
and ensured in accordance with the principle of sustainable development.
Article 62
Union policies shall
ensure a high level of consumer protection.
Article 63
(1) Every citizen of the Union has the right
to vote and to stand as a candidate at elections to the Chamber of Deputies in
the Member State in which he or she resides, under
the same conditions as nationals of that State.
(2) Members of the Chamber of Deputies shall
be elected by direct universal suffrage in a free and secret ballot.
Article 64
Every citizen of the Union
has the right to vote and to stand as a candidate at municipal elections in the
Member State in which he or she resides under
the same conditions as nationals of that State.
Article 65
(1) Every person has the right to have his or
her affairs handled impartially, fairly and within a reasonable time by the
institutions, bodies, offices and agencies of the Union.
(2) This right includes:
1. the right of every person to be heard, before any
individual measure which would affect him or her adversely is taken;
2. the right of every person to have access to his
or her file, while respecting the legitimate interests of confidentiality and
of professional and business secrecy;
3. the obligation of the administration to give
reasons for its decisions.
(3) Every person has the right to have the
Union make good any damage caused by its institutions or by its servants in the
performance of their duties, in accordance with the general principles common to
the laws of the Member States.
(4) Every person may write to the
institutions of the Union in one of the
languages of
the Member States and must
have an answer in the same language.
Article 66
Any citizen of the Union,
and any natural or legal person residing or having its registered office in a Member
State, has a right of access to documents of the institutions, bodies, offices
and agencies of the Union, whatever their medium.
Article 67
Any citizen of the Union
and any natural or legal person residing or having its registered office in a Member
State has the right to refer to the European Ombudsman cases of
maladministration in the activities of the institutions, bodies, offices or
agencies of the Union, with the exception of the Court of Justice of the
European Union acting in its judicial role.
Article 68
Any citizen of the Union
and any natural or legal person residing or having its registered office in a Member State
has the right to petition the Chamber of Deputies.
Article 69
(1) Every citizen of the Union
has the right to move and reside freely within the territory of the European
Union.
(2) Freedom of movement and residence may be
granted, in accordance with the Constitution, to nationals of third countries
legally resident in the territory of a European Union.
Article 70
Every citizen of the Union
shall, in the territory of a third country in which the Member
State of which he or she is a national
is not represented, be entitled to protection by the diplomatic or consular
authorities of any Member
State, on the same
conditions as the nationals of that
Member State.
Article 71
Everyone whose rights and
freedoms guaranteed by the law of the Union
are violated has the right to an effective remedy before a tribunal in compliance
with the conditions laid down in this Article. Everyone is entitled to a fair
and public hearing within a reasonable time by an independent and impartial
tribunal previously established by law. Everyone shall have the possibility of
being advised, defended and represented. Legal aid shall be made available to
those who lack sufficient resources insofar as such aid is necessary to ensure
effective access to justice.
Article 72
(1) Everyone who has been charged shall be
presumed innocent until proved guilty according to law.
(2) Respect for the rights of the defence of
anyone who has been charged shall be guaranteed.
Article 73
(1) No one shall be held guilty of any
criminal offence on account of any act or omission which did not constitute a
criminal offence under Member
State law or
international law at the time when it was committed. Nor shall a heavier
penalty be imposed than that which was applicable at the time the criminal
offence was committed. If, subsequent to the commission of a criminal offence,
the law provides for a lighter penalty, that penalty shall be applicable.
(2) This Article shall not prejudice the
trial and punishment of any person for any act or omission which, at the time
when it was committed, was criminal according to the general principles recognised
by the community of nations.
(3) The severity of penalties must not be
disproportionate to the criminal offence.
Article 74
Right not to be tried or
punished twice in criminal proceedings for the same criminal offence
No one shall be liable to
be tried or punished again in criminal proceedings for an offence for which he
or she has already been finally acquitted or convicted within the Union in accordance with the law.
Article 75
(1) The provisions of this Charter are
addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity
and to the Member States only when they are implementing Union law. They shall
therefore respect the rights, observe the principles and promote the
application thereof in accordance with their respective powers and respecting
the limits of the powers of the Union as
conferred on it in the other Parts of the Constitution.
(2) This Charter does not extend the field of
application of Union law beyond the powers of
the Union or establish any
new power or task for the Union, or modify
powers and tasks defined in the other Parts of the Constitution.
Article 76
(1) Any limitation on the exercise of the
rights and freedoms recognised by this Charter must be provided for by law and
respect the essence of those rights and freedoms. Subject to the principle of proportionality,
limitations may be made only if they are necessary and genuinely meet
objectives of general interest recognised by the Union
or the need to protect the rights and freedoms of others.
(2) Rights recognised by this Charter for
which provision is made in other Parts of the Constitution shall be exercised
under the conditions and within the limits defined by these relevant Parts.
(3) Insofar as this Charter contains rights
which correspond to rights guaranteed by the Convention for the Protection of
Human Rights and Fundamental Freedoms, the meaning and scope of those rights
shall be the same as those laid down by the said Convention. This provision
shall not prevent Union law providing more extensive protection.
(4) Insofar as this Charter recognises
fundamental rights as they result from the constitutional
traditions common to the
Member States, those rights shall be interpreted in harmony with those traditions.
(5) The provisions of this Charter which
contain principles may be implemented by legislative and executive acts taken
by institutions, bodies, offices and agencies of the Union,
and by acts of Member States when they are implementing Union law, in the
exercise of their respective powers. They shall be judicially cognisable only
in the interpretation of such acts and in the ruling on their legality.
(6) Full account shall be taken of Member
States laws and practices as specified in this Charter.
(7) The explanations drawn up as a way of
providing guidance in the interpretation of the Charter of Fundamental Rights
shall be given due regard by the courts of the Union and of the Member States.
Article 77
Nothing in this Charter
shall be interpreted as restricting or adversely affecting human rights and fundamental
freedoms as recognised, in their respective fields of application, by Union law
and international law and by international agreements to which the Union or all
the Member States are party, including the European Convention for the
Protection of Human Rights and Fundamental Freedoms, and by the Member States'
constitutions.
Article 78
Nothing in this Charter
shall be interpreted as implying any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights and freedoms recognised
in this Charter or at their limitation to a greater extent than is provided for
herein.
CHAPTER III
THE LEGISLATIVE
POWER
Article 79
(1) The European Parliament, subject to the
rights of citizens and Member States exercises legislative power in the Union. European
Parliament comprises two chambers, the Chamber of Deputies and the Senat.
(2) The Chamber of Deputies shall exercise
control over the activities of the European Executive Council within the scope
specified by the provisions of the Constitution and European laws.
Chamber of
Deputies
Article 80
(1) The Chamber of Deputies shall be composed of 645 Deputies.
(2) Elections
to the Chamber of Deputies shall
be universal, equal, direct and proportional and shall be conducted by secret
ballot. If, no later than on the day of vote, he has attained 18 years of age,
any citizen of the Union, shall have the right
to vote for the representatives to the Chamber of Deputies.
(3) Each Member State constitutes an electoral
constituency.
(4) The
number of representatives per each Member
State is set out in the
European supplementary law, in proportion to population. Necessary adjustments
are made in the year before the election, so that no Member State
had no less than 3 and not more than 96 seats.
Article 81
(1) The Chamber of Deputies shall be chosen
each for a 5-year term of office. The term of office of the Chamber of Deputies
shall begin on the day on which the Chamber of Deputies assembles for its first
sitting and shall continue until the day preceding the assembly of the Chamber of Deputies of the succeeding term of office.
(2) Elections to the Chamber of Deputies shall
be ordered by the President of the European Union no later than 90 days
before the expiry of the 5 year period beginning with the commencement of the Chamber of Deputies term of office, and he shall order such elections to be held on a
non-working day which shall be within the 30 day period before the expiry of
the 5 year period beginning from the commencement of the Chamber of Deputies term
of office.
(3) The Chamber of Deputies may shorten its
term of office by a resolution passed by a majority of at least 11/20 of the
votes of the statutory number of Deputies. The provisions of para. 5 above
shall apply as appropriate.
(4) The President of the European Union, after
seeking the opinion of the President of the Chamber of Deputies and the President of the European Executive
Council, may, in those instances specified in the Constitution, order
shortening of the Chamber of Deputies term of office.
(5) The President of the European Union, when
ordering the shortening of the Chamber of Deputies term of office, shall
simultaneously order elections to the Chamber of Deputies, and shall order them
to be held on a day falling no later than within the 45 day period from the day
of the official announcement of Presidential order on the shortening of the Chamber of Deputies term of office. The President of the European Union shall summon the first
sitting of the newly elected Chamber of Deputies no later than the 15th day
after the day on which the elections were held.
(6) In the event of shortening of the Chamber of Deputies term of office, the provisions of para. 1 above shall apply as
appropriate.
Article 82
(1) Every citizen having the right to
vote, who, no later than on the day of the elections, has attained the age of
25 years, shall be eligible to be elected to the Chamber of Deputies.
(2) No person sentenced to imprisonment
by a final judgment for an intentional indictable offence may be elected to the
Chamber of Deputies.
(3) Candidates for Deputies may be
nominated by political parties or voters.
(4) The principles of and procedures
for the nomination of candidates and the conduct of the elections, as well as
the requirements for validity of the elections, shall be specified by European
law.
Article 83
(1) The mandate of a Deputy shall not be held
jointly with the office of the members of the Senat and their
alternates, the President of the European Central Bank, the
President of the Court of Auditors, the European Ombudsman or their deputies, a
member of the European Central Bank, ambassador, or with employment in the Secretariat
of the Chamber of Deputies, the Secretariat of the Senat,
Secretariat of the President of the European Union, or with employment in european
administration. This prohibition shall not apply to members of the European Executive Council and secretaries of state in european administration.
(2) No judge, public prosecutor, officer of
the civil service, soldier on active military service or functionary of the
police or of the services of State protection shall exercise the mandate of a
Deputy.
(3) Other instances prohibiting the holding
of a mandate of a Deputy or prohibiting the performance of a mandate jointly
with other public functions may be specified by European law.
Article 84
(1) Deputies shall be representatives
of the citizens. Union. They shall not be
bound by any instructions of the electorate.
(2) Deputies, before the commencement
of the performance of the mandate, shall take the following oath in the
presence of the Chamber of Deputies:
"I do solemnly swear to perform my
duties to the citizens diligently and conscientiously, to safeguard the sovereignty and
interests of the Union, to do all within my power for the prosperity of the Union and the well-being of its citizens, and to observe
the Constitution and other laws of the European Union."
The oath may also be
taken with the additional sentence "So help me, God."
(3) A refusal to take the oath shall be
deemed to be a renunciation of the mandate.
Article 85
(1) A Deputy shall not be held accountable
for his activity performed within the scope of a Deputy's mandate during the
term thereof nor after its completion. Regarding such activities, a Deputy can
only be held accountable before the Chamber of Deputies and, in a case where he has infringed the
rights of third parties, he may only be proceeded against before a court with
the consent of the Chamber of Deputies.
(2) From the day of announcement of the
results of the elections until the day of the expiry of his mandate, a Deputy
shall not be subjected to criminal accountability without the consent of the Chamber of Deputies.
(3) Criminal proceedings instituted against a
person before the day of his election as Deputy, shall be suspended at the
request of the Chamber of Deputies until
the time of expiry of the mandate. In such instance, the statute of limitation
with respect to criminal proceedings shall be extended for the equivalent time.
(4) A Deputy may consent to be brought to
criminal accountability. In such instance, the provisions of paras. 2 and 3
shall not apply.
(5) A Deputy shall be neither detained nor
arrested without the consent of the Chamber of Deputies, except for cases when he has been
apprehended in the commission of an offence and in which his detention is
necessary for securing the proper course of proceedings. Any such detention
shall be immediately communicated to the President of the Chamber of Deputies,
who may order an immediate release of the Deputy.
(6) Detailed principles of and procedures for
bringing Deputies to criminal accountability shall be specified by European law.
Article 86
Conditions
appropriate to the effective discharge of their duties by the Deputies as well
as for defence of their rights resulting from the performance of their mandate
shall be specified by European law.
Article 87
(1) Deputies shall not be permitted, to the
extent specified by statute, to perform any business activity involving any
benefit derived from the property of the assets of the Union, Member States or local government or to
acquire such property.
(2) In respect of any breach of the
prohibition specified in para. 1 above, a Deputy shall, by resolution of the Chamber of Deputies adopted on a motion of the
President of the
Chamber of Deputies, be brought to accountability before the Court of Justice
of the European Union which shall adjudicate upon forfeiture of the mandate.
Article 88
(1) The Chamber of Deputies shall debate in the course of sittings.
(2) The first sitting of the Chamber of Deputies shall be summoned by the
President of the European Union to be held on a day within 30 days following
the day of the elections, except for instances specified in Article 80, paras.
3 and 5.
Article 89
(1) The Chamber of Deputies shall elect from amongst its members
a President
of the
Chamber of Deputies and six Vice-presidents who form the Presidium of the Chamber of Deputies. In one Member State
can not be selected more than one member of the Presidium and each subregion of
the European Union must have at least one representative on the Presidium (Art.
124 par. 4).
(2) The President of the Chamber of Deputies shall preside over
the debates of the Chamber of Deputies, safeguard the rights of the Chamber of Deputies as well as represent the Chamber of Deputies in external matters.
(3) The Chamber of Deputies shall appoint standing committees
and may also appoint special committees.
Article 90
(1) The Chamber of Deputies may appoint an investigative
committee to examine a particular matter.
(2) The procedures for work by an
investigative committee shall be specified by European law.
Article 91
The internal
organization and conduct of work of the Chamber of Deputies and the procedure for appointment
and operation of its organs as well as the manner of performance of obligations,
both constitutional and statutory, by Union organs in relation to the Chamber of Deputies,
shall be specified in the rules of procedure adopted by the Chamber of
Deputies.
Article 92
Sittings of the Chamber of Deputies shall be open to the
public. In the interest of the Union, the Chamber of Deputies may resolve, by an
absolute majority vote taken in the presence of at least half of the statutory
number of Deputies, to hold a debate in secret.
Article 93
(1) The President of the European Executive
Council and other members of the European Executive Council shall furnish
answers to interpellations and Deputies' questions within 21 days.
(2) The President of the European Executive
Council and other members of the European Executive Council shall furnish
answers to matters raised in the course of each sitting of the Chamber of Deputies.
(3) The Chamber of Deputies and its
committees may require the presence of any member of the European Executive
Council.
(4) The members of the Senat and of the European Executive Council as well as their representatives may
attend all sittings of the Chamber of Deputies and meetings of its committees. They
shall have the right to be heard at any time.
The Senat
Article 94
(1) The Member States shall participate
through the Senat in the legislation and administration
of the Union.
(2) The Senat shall
consist of members of the Member
State governments, which
appoint and recall them. Other members of those governments may serve as
alternates. At the head of delegation of a Member
State, the Prime Minister of that Member State.
At the end of the legislature of a Member
State or on its dissolution, sent
members of the government of a Member State now hold office until such time as a new Member State
parliament will elect a new government of a Member State.
(3) Each Member State shall have at least two votes; Member states with more than 6
million inhabitants have 3 votes, Member states with more than 12 million
inhabitants have 4 votes, Member states with more than 20 million inhabitants
have 5 votes, Member states with more than 30 million inhabitants have 6 votes,
Member states with more than 42 million inhabitants have 7 votes, Member states
with more than 56 million inhabitants have 8 votes, Member states with more
than 72 million inhabitants have 9 votes, and Member states with more than 90
million inhabitants have 10 votes.
(4) Each Member State
may appoint as many members as it has votes. Members of the Senat have a duty to vote in accordance with the content of the instructions
provided by the government of a Member
State which appointed
them. The votes of each Member
State may be cast only as
a unit and only by Members of the Senat present or their alternates. In the case of different
votes of the members of the Senat from one Member State
shall be adopted in the Head of Delegation of the casting vote.
(5) Number
of votes allowed for each Member
State in the Senat shall be determined by the President of the
European Union after each general census.
Article 95
(1) The Member States succeed each other in
order in paragraph (1) of Article 2 every six months in the chairmanship of the
Senat.
(2) The representative who heads the
delegation of the Member
State entitled to the
chairmanship acts as chairman. The first Vice-President is the head of the
delegation of a Member
State of previous term of
office. The second and third Vice-President are sequentially heads of the
delegations of Member States of the next two terms of office. The chairman
carries the title "President of the Senat",
his deputies carry the title "Vice-President of the Senat".
(3) The President of the Senat shall convene the Senat. He shall be obliged to
do so if the delegate of at least one Member State
or the European
Executive Council so demand.
Article 96
(1) The Senat shall
act by a qualified majority except where the Constitution provides otherwise.
(2) A qualified majority shall be defined as
at least 11/20 of the Member States of the European Union, which together hold at
least 3/5 of votes in the Senat.
Article 97
(1) The Senat furnishes
itself with Standing Orders by way of resolution. This resolution can only be
adopted in by a qualified majority. Provisions effectual also beyond the
internal scope of the Senat can be made in the Standing Orders
in so far as this is requisite for its handling of business. The Standing
Orders have the status of a European law; they shall be published by the
President of
the European Executive Council in the Official Journal of the European Union.
(2) The meetings of the Senat are public. Nevertheless the public can, pursuant to the provisions of
the Standing Orders, be excluded by resolution.
(3) Other members or representatives of Member State
governments may serve on committees of the Senat. The
committee members are appointed and dismissed by the governments of the Member
States. The committees, each Member
State has only one vote. Resolutions
of the Committee shall be taken by simple majority. The committee chairmen are
selected by the European Union, without discussion, for one year. None of Member
States shall not preside at more than one committee.
Article 98
The members of the European Executive Council shall have the right, and on demand the duty, to participate in
meetings of the Senat and of its committees. They shall
have the right to be heard at any time. The Senat shall
be kept informed by the European Executive Council with regard
to the conduct of its affairs.
European
Parliamentary Assembly
Article 99
(1) The European Parliamentary Assembly is
composed of members of the Chamber of Deputies and of an equal number of
members elected by the parliaments of the Member States on the basis of
proportional representation.
(2) Members of the European Parliamentary
Assembly, elected by the parliaments of Member States shall be elected by the
principle of proportionality. However, at least one seats should fall party,
which has the second most number of votes represented in the Parliament of a Member State,
and if the two parties have the same representation in numbers - the party that
received the second most number of votes voters. The equality of rights
determined by drawing lots.
Article 100
(1) The European Parliamentary Assembly shall
be convened by the President of the Chamber of Deputies. Chaired alternately by
the President of the Chamber of Deputies - the first - and the President of the
Senat.
(2) The Act on the Standing Orders for the Chamber of Deputies are applied analogously in the European Parliamentary Assembly.
(3) The resolutions of the European
Parliamentary Assembly are authenticated by its Chairman and countersigned by
the President of the European Executive Council.
The legislative
procedure
Article 101
(1) The right to introduce legislation shall
belong to Deputies of the Chamber of Deputies, to the Senat, to the President of the European Union and to the European Executive
Council.
(2) The right to introduce legislation shall
also belong to a group of at least 500,000 citizens having the right to vote in
elections to the Chamber of Deputies. The Chamber of Deputies proceeds to consider the project
within 60 days of its submission. The procedure in such matter
shall be specified by European law.
(3) European Executive Council bills shall first
be submitted to the Senat. The Senat shall be entitled to comment on such bills within 30 days. If for
important reasons, especially with respect to the scope of the bill, the
Senat demands an extension, the period shall be
increased to 60 days. If in exceptional circumstances the European Executive
Council on submitting a bill to the Senat declares it to
be particularly urgent, it may submit the bill to the Chamber of Deputies after
21 days or, if the Senat has demanded an extension pursuant
to the third sentence of this paragraph, after 35 days, even if it has not yet
received the Senat comments; upon receiving such
comments, it shall transmit them to the Chamber of Deputies within 48 hours
after her arrival. In the case of bills to amend this Constitution or to
transfer sovereign powers pursuant to Article 11
the comment period shall be nine weeks; the fourth sentence of this paragraph shall
not apply.
(4) Senat bills shall
be submitted to the Chamber of Deputies by the European Executive Council within
30 days. In submitting them the European Executive Council shall state its own
views. If for important reasons, especially with respect to the scope of the bill,
the European Executive Council demands an extension, the period shall be
increased to 60 days. If in exceptional circumstances the Senat declares a bill to be particularly urgent, the period shall be 21 days
or, if the European Executive Council has demanded an extension pursuant to the
third sentence of this paragraph, 30 days. In the case of bills to amend this Constitution
or to transfer sovereign powers pursuant to Article 11
the comment period shall be 60 days; the fourth sentence of this paragraph
shall not apply. The Chamber of Deputies shall consider and vote on bills within
a reasonable time.
(5) Sponsors, when introducing a bill shall
indicate the financial consequences of its implementation.
Article 102
(1) European laws are adopted under the ordinary
legislative procedure, the following provisions shall apply.
First reading
(2) The Chamber of Deputies shall adopt its
position at first reading and communicate it to the
Senat.
(3) If the Senat approves
the Chamber of Deputies position, the act concerned shall be adopted in the
wording which corresponds to the position of the Chamber of Deputies.
(4) If the Senat does
not approve the Chamber of Deputies position, it shall adopt its position at first
reading and communicate it to the Chamber of Deputies.
(5) The Senat shall
inform the Chamber of Deputies fully of the reasons which led it to adopt its position
at first reading. The European Executive Council shall inform the Chamber of
Deputies fully of its position.
Second reading
(6) If, within 90 days of such communication,
the Chamber of Deputies:
1. approves the Senat position
at first reading or has not taken a decision, the act concerned shall be deemed
to have been adopted in the wording which corresponds to the position of the Senat;
2. rejects, by a majority of its component members,
the Senat position at first reading, the proposed act
shall be deemed not to have been adopted;
3. proposes, by a majority of its component members,
amendments to the Senat position at first reading, the
text thus amended shall be forwarded to the Senat and to
the European Executive Council, which shall deliver an opinion on those
amendments.
(7) If, within 90 days of receiving the Chamber of Deputies amendments, the Senat, acting by a qualified
majority:
1. approves all those amendments, the act in
question shall be deemed to have been adopted;
2. does not approve all the amendments, the
President of the Senat, in agreement with the President
of the Chamber of Deputies, shall within 42 days convene a meeting of the Conciliation
Committee.
(8) The Senat shall
act by a qualified majority on the amendments on which the European Executive
Council has delivered a negative opinion.
Conciliation
(9) The Conciliation Committee, which shall
be composed of the members of the Senat or their representatives
and an equal number of members representing the Chamber of Deputies, shall have
the task of reaching agreement on a joint text, by a qualified majority of the
members of the Senat or their representatives and by a
majority of the members representing the Chamber of Deputies within 42 days of
its being convened, on the basis of the positions of the Chamber of Deputies
and the Senat at second reading.
(10) The European Executive Council shall take
part in the Conciliation Committee's proceedings and shall take all necessary
initiatives with a view to reconciling the positions of the Chamber of Deputies
and the Senat.
(11) If, within 42 days of its being convened,
the Conciliation Committee does not approve the joint text, the proposed act
shall be deemed not to have been adopted.
Third reading
(12) If, within that period, the Conciliation
Committee approves a joint text, the European
Parliament, acting by a
majority of the votes cast, and the Senat, acting by a
qualified majority, shall each have a period of 42 days from that approval in which
to adopt the act in question in accordance with the joint text. If they fail to
do so, the proposed act shall be deemed not to have been adopted.
(13) The periods of 90 days and 42 days
referred to in this Article shall be extended by a maximum of 30 days and 14 days
respectively at the initiative of the Chamber of Deputies or the Senat.
Article 103
(1) After the completion of the procedure
specified in Article 102, the President of the Chamber of Deputies shall submit
an adopted bill to the President of the European Union for signature.
(2) The President of the European Union shall
sign a bill within 21 days of its submission and shall order its promulgation
in the Official Journal of the European Union.
(3) The President of the European Union may,
before signing a bill, refer it to the Court of Justice of the European Union for
an adjudication upon its conformity to the Constitution. The President of the European
Union shall not refuse to sign a bill which has been judged by the Court of
Justice of the European Union as conforming to the Constitution.
(4) The President of the European Union shall
refuse to sign a bill which the Court of Justice of the European Union has
judged not to be in conformity to the Constitution. If, however, the
non-conformity to the Constitution relates to particular provisions of the
bill, and the Court of Justice of the European Union has not judged that they
are inseparably connected with the whole bill, then, the President of the European
Union, after seeking the opinion of the President of the Chamber of Deputies,
shall sign the bill with the omission of those provisions considered as being
in non-conformity to the Constitution or shall return the bill to the Chamber of Deputies for the purpose of removing the non-conformity.
(5) Any such reference by the President of
the European Union to the Court of Justice of the European Union for an
adjudication upon the conformity of a statute to the Constitution, or any
application for reconsideration of a bill, shall suspend the period of time
allowed for its signature, specified in para. 2, above.
CHAPTER IV
EXECUTIVE POWER
President of the
European Union
Article 104
(1) The
President of the European Union shall be the supreme representative of the European
Union and the guarantor of the continuity of State authority Union.
(2) The President of the European Union shall
ensure observance of the Constitution, safeguard the sovereignty and security
of the State as well as the inviolability and integrity of its territory.
(3) The President of the European Union shall
exercise his duties within the scope of and in accordance with the principles
specified in the Constitution and European law.
Article 105
(1) The President of the European Union is
elected by the European Parliamentary Assembly without prior debate.
(2) The President of the European Union shall
be elected for a 3-year term of office and may be re-elected only for one more
term.
(3) Only a Union citizen who, no later than
the day of the elections, has attained 45 years of age and has a full electoral
franchise in elections to the Chamber of Deputies, may be elected President of
the European Union. The candidate shall report at least 1/5 the composition of
the European Parliamentary Assembly.
(4) The European Parliamentary Assembly shall
meet on a date not earlier than 45 days and no later than 30 days before the
expiry of the term of office of the President of the European Union, and in
case of vacancy in the office of the President of the European Union - not
later than the fourteenth day thereafter. European Parliamentary Assembly
meeting convened by the President of the Chamber of Deputies.
(5) The President of the European Union shall
be elected by secret ballot. The President of the European Union shall be
elected the candidate who has received at least 2/3 of votes of the members of
the European Parliamentary Assembly. If no candidate receives the required
majority, a new round of voting shall be held on the next day. Before the
second round of voting, a new nomination of candidates shall be held. If no
candidate receives the required majority in the second round of voting, a third
round of voting shall be held on the same day between the two candidates who
receive the greatest number of votes in the second round.
(6) Should the third ballot fail to produce
the required majority, the ballot shall once more be repeated after 5 days; the
candidate who has received at least 3/5 of votes of the members of the European
Parliamentary Assembly shall be elected President of the European Union.
(7) Should the fourth ballot fail to produce
the said qualified majority, within 10 days of voting is carried out fifths
vote and the candidate receiving an absolute majority of the votes of the
members of the European Parliamentary Assembly shall be elected President of
the European Union. Should this majority also not be attained, the ballot shall
once more be repeated on the next day between the two candidates with the
highest number of votes, and the candidate receiving a relative majority shall
be deemed elected President of the European Union.
(8) Details are European law.
Article 106
(1) The term of office of the President of
the European Union shall commence on the date of his assuming such office.
(2) The Court of Justice of the European Union shall adjudicate upon the
validity of the election of the President of the European Union.
(3) The law of the Court of Justice of the
European Union against the validity of election of the President of the
European Union is entitled to the Senat and at least 1/5
the composition of the European Parliamentary Assembly.
(4) In the event of the election of the
President of the European
Union being
judged invalid, a new election shall be held in accordance with the principles
prescribed in Article 105, para. 4
in relation to a vacancy in the office of President of
the European
Union.
Article 107
President of the European
Union shall assume office upon submission before the meeting at a joint meeting
of the members of the Chamber of Deputies and of the Senat following oath:
"Assuming the office
of President of the European Union, do solemnly swear to be faithful to the
provisions of the Constitution, I will steadfastly guard the dignity of
citizens, independence and security policy and the welfare and well-being of
the citizens of the Union shall forever remain
my supreme obligation."
The oath may also be
taken with the additional sentence "So help me, God."
Article 108
(1) If the President of the European Union is
temporarily unable to discharge the duties of his office, he shall communicate this
fact to the President of the Chamber of Deputies, who shall temporarily assume
the duties of the President of the European Union. If the President of the
European Union is not in a position to inform the President of the Chamber of
Deputies of his incapacity to discharge the duties of the office, then the
Court of Justice of the European Union shall, on request of the President of
the Chamber of Deputies, determine whether or not there exists an impediment to
the exercise of the office by the President of the European Union. If the Court
of Justice of the European Union so finds, it shall require the President of
the Chamber of Deputies to temporarily perform the duties of the President of
the European Union.
(2) The President of the Chamber of Deputies shall,
until the time of election of a new President of the European Union,
temporarily discharge the duties of the President of the European Union in the
following instances:
1. the death of the President of the European Union;
2. the President's resignation from office;
3. judicial declaration of the invalidity of the
election to the Presidency or other reasons for not assuming office following
the election;
4. a declaration by the Chamber of Deputies of the President's permanent incapacity to exercise his duties due
to the state of his health; such declaration shall require a resolution adopted
by a majority vote of at least 2/3 of the statutory number of members of the Chamber of Deputies;
5. dismissal of the President of the European Union from
office by a judgment of Court of Justice of the European Union.
(3) If the President of the Chamber of
Deputies is unable to discharge the duties of the President of the European
Union, such duties shall be discharged by the President of the Senat.
(4) A person discharging the duties of the
President of the European Union shall not shorten the term of office of the Chamber of Deputies.
Article 109
The President of the
European Union shall hold no other offices nor discharge any public functions,
with the exception of those connected with the duties of his office.
Article 110
(1) The President of the European Union, as representative of the
State in foreign affairs, shall:
1. ratify and renounce international agreements, and
shall notify the Chamber of Deputies and the Senat thereof;
2. appoint and recall the plenipotentiary
representatives of the European Union to other states and to international
organizations;
3. receive the Letters of Credence and recall of
diplomatic representatives of other states and international organizations
accredited to him.
(2) The President of the European Union, before ratifying an
international agreement may refer it to the Court of Justice of the European
Union with a request to adjudicate upon its conformity to the Constitution.
(3) The President of the European Union shall cooperate with the President
of the European Executive Council and the appropriate minister in respect of
foreign policy.
Article 111
(1) The President of the Republic shall be
the Supreme Commander of the European Armed Forces of the European Union.
(2) The President of the European Union, in times of peace, shall
exercise command over the European Armed Forces through the Minister of
Defence.
(3) The President of the European Union shall appoint, for a
specified period of time, the Chief of the General Staff and commanders of
branches of the European Armed Forces. The duration of their term of office,
the procedure for and terms of their dismissal before the end thereof, shall be
specified by European law.
(4) The President of the European Union, for a period of war,
shall appoint the Commander-in-Chief of the European Armed Forces on request of
the President of the European Executive Council. He may dismiss the Commander-in-Chief
of the European Armed Forces in accordance with the same procedure. The
authority of the Commander-in-Chief of the European Armed Forces, as well as
the principle of his subordination to the constitutional organs of the European Union, shall be specified by
statute.
(5) The President of the European Union, on request of the Minister
of Defence, shall confer military ranks as specified by European law.
(6) The authority of the President of the European Union, regarding his supreme
command of the European Armed Forces, shall be specified in detail by European
law.
Article 112
The advisory organ
to the President of the European Union regarding internal and external security
of the Union shall be the Security Council of
the European Union.
Article 113
In the event of a
direct external threat to the Union, the
President of the European Union shall, on request of the President of the European
Executive Council, order a general or partial mobilization and
deployment of the European Armed Forces in defence of the European Union.
Article 114
The President of the
European Union shall grant Union citizenship and shall give consent for
renunciation of Union citizenship.
Article 115
The President of the
European Union shall confer orders and decorations.
Article 116
The President of the
European Union shall have the power of pardon. The power of pardon may not be
extended to individuals convicted by the Court of Justice of the European
Union.
Article 117
The President of the European Union may deliver a Message to
the Chamber of Deputies or to the Senat. Such Message
shall not be a subject of debate.
Article 118
(1) The President of the European Union may, regarding particular
matters, convene the Council of State. The Council of State shall be composed
of the European
Executive Council and the heads of governments of the Member States whose debates shall be presided over by
the President of the European Union.
(2) The Council of State shall not possess
the competence of the European Executive Council.
Article 119
(1) The President of the European Union shall issue regulations
and executive orders in accordance with the principles specified in Articles 144.
(2) The President of the European Union shall issue decisions
within the scope of discharge of his other authorities.
Article 120
The Presidential
Chancellery shall be the organ of assistance to the President of the European
Union. The President of the European Union shall establish the statute of the
Presidential Chancellery and shall appoint and dismiss its Chief.
Article 121
(1) The President of the European Union, exercising his
constitutional and statutory authority, shall issue Official Acts.
(2) Official Acts of the President shall
require, for their validity, the signature of the President of the European
Executive Council who, by such signature, accepts responsibility therefor to
the Chamber of Deputies.
(3) The provisions of para. 2 above shall not
relate to:
1. proclaiming elections to the Chamber of Deputies;
2. summoning the first sitting of a newly elected Chamber of Deputies;
3. shortening of the term of office of the Chamber of Deputies in the instances specified in the Constitution;
4. introducing legislation;
5. signing of the European law;
6. ordering the promulgation of a European law or an
international agreement in the Official Journal of the European Union;
7. delivering a Message to the Chamber of Deputies or
to the Senat;
8. making a referral to the Court of Justice of the
European Union;
9. requesting the Court of Auditors to carry out an
audit;
10. nominating and appointing the President
of the European Executive Council;
11. accepting resignation of the European
Executive Council and obliging it to temporarily continue with its duties;
12. applying to the Chamber of Deputies to
bring a member of the European Executive Council to responsibility before the Court
of Justice of the European Union;
13. dismissing a minister in whom the Chamber of Deputies has passed a vote of no confidence;
14. convening the Council of State;
15. conferring orders and decorations;
16. appointing judges of the courts of the Union;
17. exercising the power of pardon;
18. granting Union citizenship and giving
consent for renunciation of Union citizenship;
19. appointing and dismissing members of the
Security Council of the European Union;
20. establishing the statute of the
Presidential Chancellery and appointing or dismissing the Chief of the
Presidential Chancellery.
21. issuing orders in accordance with the
principles specified in Article 144;
22. resigning from the office of President of
the European Union.
Article 122
(1) The President of the European Union may
be held accountable before the Court of Justice of the European Union for an
infringement of the Constitution or European law, or for commission of an
offence.
(2) Bringing an indictment against the
President of the European Union shall be done by resolution of the Chamber of
Deputies passed by a majority of at least 2/3 of the statutory number of
members of the Chamber of Deputies, on the motion of at least 162 members of
the Chamber of Deputies or resolution of the Senat adopted
by majority of at least 2/3 of the Member States which together hold at least
2/3 of votes in the Senat.
(3) On the day on which an indictment, to be
heard before the Court of Justice of the European Union, is brought against the
President of the European Union, he shall be suspended from discharging all
functions of his office. The provisions of Article 108 shall apply as
appropriate.
The European Executive Council
Article 123
(1) The European Executive Council shall
conduct the internal affairs and foreign policy of the European Union.
(2) The European Executive Council shall
conduct the affairs of Union not reserved to
other Union organs or Member States.
(3) The European Executive
Council shall manage the european administration.
(4) To the extent and in accordance with the
principles specified by the Constitution and statutes, the European Executive
Council, in particular, shall:
1. ensure the implementation of European law;
2. issue regulations;
3. coordinate and supervise the work of organs of Union
administration;
4. protect the interests of the Union Treasury;
5. adopt a draft Union Budget;
6. supervise the implementation of the Union Budget
and pass a resolution on the closing of the State's accounts and report on the
implementation of the Budget;
7. ensure the internal security of the Union and public order;
8. ensure the external security of the Union;
9. exercise general control in the field of
relations with other States and international organizations;
10. conclude international agreements
requiring ratification as well as accept and renounce other international
agreements;
11. exercise general control in the field of
national defence and annually specify the number of citizens who are required
to perform active military service;
12. determine the organization and the manner
of its own work.
Article 124
(1) The European Executive Council shall be
composed of the President of the European Executive Council (Prime Minister)
and ministers a total of 15 members.
(2) Vice-presidents of the European Executive
Council (Deputy Prime Ministers) may also be appointed within the European
Executive Council.
(3) The President of the European Executive
Council and Vice-presidents of the European Executive Council may also
discharge the functions of a minister.
(4) In relation to the Constitution of the European
Executive Council shall be deemed to consist of Five Divisions:
1. Western Europe - Belgium, Luxembourg, the
Netherlands, France and Ireland,
2. Central Europe - Austria, Poland, Czech Republic,
Hungary, Slovakia, Slovenia, Germany and Switzerland,
3. Northern Europe - Great Britain, Denmark, Sweden,
Finland, Lithuania, Latvia, Estonia, Norway and Iceland,
4. Southern Europe - Greece, Spain, Portugal, Italy,
Cyprus and Malta,
5. Eastern Europe - Romania, Bulgaria, Croatia,
Bosnia and Herzegovina, Serbia, Kosovo, Albania, Montenegro, North Macedonia,
Moldova, Belarus, Ukraine, Armenia and Georgia,
which Five Divisions shall
be equally represented in the European
Executive Council. In one Member State can not be selected more than one member
of the European Executive Council.
(5) The presidents of committees specified in
statutes may also be appointed to membership in the European Executive Council.
Article 125
The President of the
European Executive Council shall:
1. represent the European Executive
Council;
2. manage the work of the European Executive
Council;
3. issue regulations;
4. ensure the implementation of the
policies adopted by the European Executive Council and specify the manner of
their implementation;
5. coordinate and control the work of
members of the European Executive Council;
6. exercise, within the limits and by
the means specified in the Constitution and European law, supervision of Member
States.
7. be the official superior of
employees of the european administration.
Article 126
(1) Ministers shall direct a particular
branch of european administration or perform tasks allocated to them by the
President of the European Executive Council. The scope of activity of a minister
directing a branch of european administration shall be specified by European
law.
(2) A minister directing a branch of european
administration shall issue regulations. The European Executive Council, on the
request of the President of the European Executive Council, may repeal a
regulation or order of a minister.
(3) The provisions applicable to a minister
directing a branch of european administration shall apply, as appropriate, to
presidents of the committees referred to in Article 124, para. 5.
Article 127
A member of the European Executive Council shall not perform
any activity inconsistent with his public duties.
Article 128
The President of the
European Executive Council, Vice-president of the European Executive Council and ministers shall
take the following oath in the presence of the President of the European Union:
"Assuming this
office of President of the European Executive Council (Vice-president of the European
Executive Council, minister) I do solemnly swear to be faithful
to the provisions of the Constitution and other laws of the European Union, and
that the good and the prosperity of its citizens Union
shall forever remain my supreme obligation."
The oath may also be
taken with the additional sentence "So help me, God."
Article 129
(1) A corps of civil servants shall operate
in the organs of european administration in order to ensure a professional,
diligent, impartial and politically neutral discharge of the Union's
obligations.
(2) The President of the European Executive
Council shall be the superior of such corps of civil servants.
Article 130
(1) The President of the European Union shall nominate a President of the European
Executive Council who shall propose the composition of a European Executive
Council. The President of the European Union shall, within 14 days of the first sitting
of the Chamber of Deputies or acceptance of the resignation of the previous European Executive
Council, appoint a President of the European Executive Council together with other
members of a European Executive Council and accept the oaths of office of members
of such newly appointed European Executive Council.
(2) The President of the European Executive
Council shall, within 14 days following the day of his appointment by the
President of the European Union, submit a programme of activity of the European
Executive Council to the Chamber of Deputies, together with a motion requiring
a vote of confidence. The Chamber of Deputies shall pass such vote of
confidence by an absolute majority of votes in the presence of at least half of
the statutory number of Deputies.
(3) In the event that a European Executive
Council has not been appointed pursuant to para.1 above or has failed to obtain a
vote of confidence in accordance with para. 2 above, the Chamber of Deputies,
within 14 days of the end of the time periods specified in paras 1 and 2, shall
choose a President of the European Executive Council as well as members of the
European
Executive Council as proposed by him, by an absolute majority of votes in the presence of at
least half of the statutory number of Deputies. The President of the European Union shall appoint the European Executive
Council so chosen and accept the oaths of office of its members.
Article 131
(1) In the event that a European Executive
Council has
not been appointed pursuant to the provisions of Article 130, para. 3, the
President of the European Union shall, within a period of 14 days, appoint
a President
of the European Executive Council and, on his application, other members of
the European Executive Council. The Chamber of Deputies, within 14 days
following the appointment of the European Executive Council by the President of the European Union, shall hold, in the
presence of at least half of the statutory number of Deputies, a vote of
confidence thereto.
(2) In the event that a vote of confidence
has not been granted to the European Executive Council pursuant to para. 1, the
President of the European Union shall shorten the term of office of the Chamber of Deputies and order elections to be held.
Article 132
(1) The members of the European Executive
Council shall
be accountable to the Court of Justice of the European Union for an infringement of the Constitution or
European law, as well as for the commission of an offence connected with the
duties of his office.
(2) On the motion of the President of the European Union or at least 162 Deputies,
resolution to bring a member of the European Executive Council to account before the Court of Justice of the European
Union shall
be passed by the Chamber of Deputies by a majority of 3/5 of the statutory
number of Deputies.
Article 133
(1) The members of the European Executive
Council shall
be collectively responsible to the Chamber of Deputies for the activities of
the European Executive Council.
(2) The members of the European Executive
Council shall
be individually responsible to the Chamber of Deputies for those matters falling within their
competence or assigned to them by the President of the European Executive
Council.
Article 134
(1) The Chamber of Deputies shall pass a vote of no confidence in the European Executive
Council by
a majority of votes of the statutory number of Deputies, on a motion moved by
at least 65 Deputies and which shall specify the name of a candidate for President of the European
Executive Council. If such a resolution has been passed by the Chamber of Deputies, the President of the European Union shall accept the
resignation of the European Executive Council and appoint a new President of the European
Executive Council as chosen by the Chamber of Deputies, and, on his application, the other members of
the European Executive Council and accept their oath of office.
(2) A motion to pass a resolution referred to
in para. 1 above, may be put to a vote no sooner than 7 days after it has been
submitted. A subsequent motion of a like kind may be submitted no sooner than
after the end of 3 months from the day the previous motion was submitted. A
subsequent motion may be submitted before the end of 3 months if such motion is
submitted by at least 162 Deputies.
Article 135
(1) The Chamber of Deputies may pass a vote of no confidence in an
individual minister. A motion to pass such a vote of no confidence may be
submitted by at least 97 Deputies. The provisions of Article 134, para. 2 shall
apply as appropriate.
(2) The President of the European Union shall recall a minister in
whom a vote of no confidence has been passed by the Chamber of Deputies by a majority of votes of
the statutory number of Deputies.
Article 136
The President of the
European Executive Council may submit to the Chamber of Deputies a motion
requiring a vote of confidence in the European Executive Council. A vote of
confidence in the European Executive Council shall be granted by a majority of
votes in the presence of at least half of the statutory number of Deputies.
Article 137
The President of the
European Union shall, on the application of the President of the European
Executive Council, effect changes in the composition of the European Executive
Council.
Article 138
(1) The President of the European Executive
Council shall submit the resignation of the European Executive Council at the first sitting of a
newly elected Chamber of Deputies.
(2) The President of the European Executive
Council shall also submit the resignation of the European Executive Council in the following
instances:
1. when a vote of confidence in the European Executive
Council has not been passed by the Chamber of Deputies;
2. when a vote of no confidence has been passed
against the European Executive Council;
3. when the President of the European Executive
Council himself has resigned from office.
(3) The President of the European Union, when accepting the
resignation of the European Executive Council, shall oblige it to
continue with its duties until a new European Executive Council is appointed.
(4) The President of the European Union may, in the case referred
to in para. 2, to point (3). above, refuse to accept the resignation of the European Executive
Council.
CHAPTER V
UNION
LEGISLATION
Article 139
(1) The Member States shall have the right to
legislate insofar as this Constitution does not confer legislative power on the
Union.
(2) The division of authority between the Union
and the Member States shall be governed by the
provisions of this Constitution concerning exclusive and concurrent legislative
powers.
Article 140
On matters within the
exclusive legislative power of the Union, the Member
States shall have power to legislate only when and to the extent that they are
expressly authorised to do so by a European law.
Article 141
(1) On matters within the concurrent
legislative power, the Member States shall have power to legislate so long as
and to the extent that the Union has not
exercised its legislative power by enacting a European law.
(2) The Union
has legislative powers, if and to the extent there is a need of statutory
european regulation because
1. the matter can not be effectively regulated by
the laws of the Member States or
2. settlement of the case by the law of the Member State
would undermine the interests of other Member States
or the general or
3. requires the preservation of the unity of the
legal and economic, especially securing uniformity of living conditions in the
surface over greater than one Member
State.
(3) A European law may provide that federal
legislation that is no longer necessary within the meaning of paragraph 2 of this
Article may be superseded by Member
State law.
Article 142
The Union
shall have exclusive legislative power with respect to:
1. ensure the independence and territorial integrity
of the European Union and protect its sovereignty in international relations; decide
on war and peace;
2. foreign affairs, all matters which bring the
Union into relation with any foreign country; diplomatic, consular and trade
representation; United Nations Organisation; participation in international
conferences, associations and other bodies and implementing of decisions made
thereat; entering into treaties and agreements with foreign countries and
implementing of treaties, agreements and conventions with foreign countries;
3. defence of Union and every part thereof
including preparation for defence and all such acts as may be conducive in
times of war to its prosecution and after its termination to effective
demobilisation; Naval,
military and air forces and any other armed forces of the Union; delimitation
of cantonment areas, local self-government in such areas, the constitution and powers
within such areas of cantonment authorities and the regulation of house accommodation
(including the control of rents) in such areas; naval, military and air force
works; industries declared by Union by european law to be necessary for the
purpose of defence or for the prosecution of war; preventive detention for
reasons connected with Defence, Foreign Affairs, or the security of India;
persons subjected to such detention;
4. citizenship in the Union;
5. freedom of movement, passports, residency
registration and identity cards, immigration, emigration and extradition;
6. currency, money and coinage, weights and
measures, and the determination of standards of time;
7. the unity of the customs and trading
area, treaties regarding commerce and navigation, the free movement of goods,
and the exchange of goods and payments with foreign countries, including
customs and border protection and the conservation of marine biological
resources under the common fisheries policy;
8. air transport;
9. postal and telecommunications services; radio
and television in language esperanto as well as on other forms of public
broadcasting of features and information in language esperanto;
10. the legal relations of persons employed
by the Union and by european corporations
under public law;
11. industrial property rights, copyrights
and publishing;
12. protection by the European Police Office
(Europol) against the dangers of international terrorism when a threat transcends
the boundary of one Member State, when the jurisdiction of a Member State’s
police authorities cannot be perceived, or when the highest authority of an
individual Member State requests the assumption of european responsibility;
13. cooperation between the Union and the Member States
concerning
a) criminal police work,
b) protection of the free democratic basic
order, existence and security of the Union or of a Member State
(protection of the constitution), and
c) protection against activities within the european
territory which, by the use of force or preparations for the use of force,
endanger the external interests of the European Union,
as well as the
establishment of a European Police Office (Europol) and international action to
combat crime;
14. statistics for european purposes;
15. the production, utilisation of nuclear
energy and mineral resources necessary for its production; the construction and
operation of facilities serving such purposes, protection against hazards
arising from the release of nuclear energy or from ionising radiation, and the
disposal of radioactive substances; arms, firearms, ammunition and explosives.
16. customs duties and fiscal monopolies.
Article 143
Concurrent legislative
power shall extend to the following matters:
1. consumer protection;
2. transport;
3. trans-European networks;
4. energy;
5. agriculture and fisheries, excluding the
conservation of marine biological resources;
6. environment;
7. the law regarding expropriation, to the
extent relevant to matters enumerated in Articles 142 and 143;
8. matters concerning refugees and
expellees;
9. measures to combat human and animal
diseases which pose a danger to the public or are communicable,
10. benefits for persons disabled by war and
for dependents of deceased war victims as well as assistance to former prisoners
of war;
11. the regulation of promotion of research;
12. taxes on consumption and capital
turnover, with the exception of taxes of local significance, in particular tax
on the acquisition of land, tax increment value and tax
fire prevention;
13. the income tax and the property
tax,
14. real of taxes with the exception
determining the rates of call, if the European Union uses these taxes in full,
or in part to cover the expenditure of the Union,
or if there are circumstances provided for in Article 141 paragraph 2.
Article 144
(1) The European Executive Council, a minister
or the Member State governments may be authorised by a
european law to issue statutory instruments. The content, purpose and scope of the
authority conferred shall be specified in the european law. Each statutory
instrument shall contain a statement of its legal basis. If the european law
provides that such authority may be further delegated, such subdelegation shall
be effected by statutory instrument.
(2) The consent of the Senat shall be required for statutory instruments that are executed by the Member
States on federal commission or in their own right.
(3) The Senat may
submit to the European Executive Council drafts of statutory instruments that require
its consent. The European Executive Council is obliged to examine the project
and make a decision within 60 days from the date of referral of the project.
(4) Insofar as Member State
governments are authorised by or pursuant to european laws to issue statutory
instruments, the Member States shall also be entitled to regulate the matter by
a law.
CHAPTER VI
EXERCISE OF COMPETENCE, ADMINISTRATION AND FINANCE
UNION
Article 145
The Member States shall
execute European laws in their own right insofar as this Constitution does not otherwise
provide or permit.
Article 146
(1) Where the Member States execute European
laws in their own right, they shall provide for the establishment of the
requisite authorities and regulate their administrative procedures insofar as
the European laws in question does not otherwise provide.
(2) The European Executive Council , with the
consent of the Senat, may issue general administrative
rules.
(3) The European Executive Council shall
exercise oversight to ensure that the Member States execute European laws in
accordance with the law. For this purpose the European Executive Council may
send commissioners to the highest Member
State authorities and,
with their consent or, where such consent is refused, with the consent of the Senat, also to subordinate authorities.
(4) Should any deficiencies that the European
Executive Council has identified in the execution of European laws in the Member
States not be corrected, the Senat, on application of
the European Executive Council or of the Government
Member State
concerned, shall decide whether that Member
State has violated the
law. The decision of the Senat may be challenged in the
Court of Justice of the European Union.
(5) With a view to the execution of European
laws, the European Executive Council may be authorised by a European law to
issue instructions in particular cases. They shall be addressed to the highest Member State
authorities unless the European Executive Council considers the matter urgent.
Article 147
(1) Where the Member States execute European
laws on Union commission, establishment of the authorities shall remain the
concern of the Member States, insofar as European laws enacted otherwise
provide. European laws may not entrust municipalities and associations of
municipalities with any tasks.
(2) The European Executive Council, with the
consent of the Senat, may issue general administrative
rules. It may provide for the uniform training of civil servants and other
salaried public employees. The heads of intermediate authorities shall be
appointed with its approval.
(3) The Member State
authorities shall be subject to instructions from the competent highest Union
authorities. Such instructions shall be addressed to the highest Member State
authorities unless the European Executive Council considers the matter urgent.
Implementation of the instructions shall be ensured by the highest Member State
authorities.
(4) European oversight shall extend to the
legality and appropriateness of execution. For this purpose the European
Executive Council may require the submission of reports and documents and send
commissioners to all authorities.
Article 148
Where the Union executes laws through its own administrative
authorities or through european corporations or institutions established under
public law, the European Executive Council shall, insofar as the law in
question contains no special provision, issue general administrative rules. The
European Executive Council shall provide for the establishment of the
authorities insofar as the law in question does not otherwise provide.
Article 149
(1) The foreign service, the european financial
administration, and, in accordance with the provisions of Article 155,
the administration of european waterways and shipping shall be conducted by european
administrative authorities with their own administrative substructures. A European
law may establish European Border Guard authorities and central offices for police
information and communications, for the criminal police (European Police
Office - Europol), and for the compilation of data for purposes of protection of the constitution
and of protection against activities within the european territory which,
through the use of force or acts preparatory to the use of force, endanger the external
interests of the European Union.
(2) In addition, autonomous european higher
authorities as well as new european corporations and institutions under public law
may be established by a federal law for matters on which the Union
has legislative power. When the Union is
confronted with new responsibilities with respect to matters on which it has
legislative power, european authorities at intermediate and lower levels may be
established, in European law, in cases of urgent need.
Article 150
(1) The European Union shall establish European Armed Forces for purposes of
defence. Their numerical strength and general organizational structure must be
shown in the budget.
(2) Regarding the
composition of senior management and appointment to senior command and
leadership in the European Armed Forces, the principle of proportional
representation of Member States.
(3) In the European Armed
Forces shall be ensured, in accordance with the Constitution, equality of
languages of the Member States.
(4) In command and
military training in the European Armed Forces can be, in accordance with the
European law, use the Esperanto language, and of his units can be used
languages of the Member States.
(5) Apart from defence,
the European Armed Forces may be employed only to the extent expressly
permitted by this Constitution.
(6) During a martial law,
or a state of emergency the European Armed Forces shall have the power to protect
civilian property and to perform traffi c control functions to the extent
necessary to accomplish their defence mission. Moreover, during a martial law,
or a state of emergency, the European Armed Forces may also be authorised to
support police measures for the protection of civilian property; in this event
the European Armed Forces shall cooperate with the competent authorities.
(7) In order to avert an imminent
danger to the existence or free democratic basic order of the European Union or
of a Member State, the European Executive Council, if the conditions referred to
in paragraph (2) of Article 157 obtain and the police forces and the European
Border Guard prove inadequate, may employ the European Armed Forces to support
the police and the European Border Guard in protecting civilian property and in
combating organised armed insurgents. Any such employment of the European Armed
Forces shall be discontinued if the Chamber of Deputies or the Senat so demands.
Article 151
(1) The European Defence Administration shall
be conducted as a european administrative authority with its own administrative
substructure. It shall have jurisdiction for personnel matters and direct responsibility
for satisfaction of the procurement needs of the Armed Forces. Responsibilities
connected with pensions for injured persons or with construction work may be
assigned to the European Defence Administration only by a European law.
(2) In addition, european laws concerning martial
law, including recruitment for military service and protection of the civilian
population, may provide that they shall be executed, wholly or in part, either
by european administrative authorities with their own administrative substructures
or by the Member States on european authorities. If such laws are executed by
the Member States on european authorities, they may provide that the powers
vested in the European Executive Council or in the competent highest european
authorities pursuant to Article 147 be transferred wholly or in part to european
higher authorities.
Article 152
European laws enacted
under of Article 142 point 15 may provide that they shall be executed by the Member
States on european authorities.
Article 153
(1) In accordance with a European law the European
Union shall ensure the availability
of adequate and
appropriate postal and telecommunications services throughout the european
territory.
(2) Services within the meaning of paragraph
(1) of this Article shall be provided as a matter of private enterprise by the
firms succeeding to the special trust Europost and by other private providers.
Sovereign functions in the area of posts and telecommunications shall be discharged
by european administrative authorities.
(3) Notwithstanding the second sentence of
paragraph (2) of this Article, the European Union, by means of a european
institution under public law, shall discharge particular responsibilities relating
to the firms succeeding to the special trust Europost as prescribed by a European
law.
Article 154
(1) The European Union shall administer the
Trans-European Transport Networks through its own authorities. It shall
exercise those Union functions relating to the Trans-European Transport
Networks which extend beyond the territory of a single Member State,
and those functions relating to maritime shipping, which are conferred on it by
a European law. Insofar as Trans-European Transport Networks lie within the
territory of a single Member State, the European Union on its application may
delegate their administration to that Member State
on European Executive Council. If a Trans-European Transport Networks touches
the territory of several Member States, the European Union may commission that Member State
which is designated by the affected Member States.
(2) In the administration, development and
new construction of the Trans-European Transport Networks, the requirements of landscape
and of management shall be assured in agreement with the Member States.
Article 155
(1) In order to avert an imminent danger to
the existence or free democratic basic order of the European Union or of a Member State,
a Member State may call upon police forces of
other Member States, or upon personnel and facilities of other administrative
authorities and of the European Border Guard.
(2) If the Member
State where such danger is imminent is
not itself willing or able to combat the danger, the European Executive Council
may place the police in that Member
State and the police
forces of other Member States under its own orders and deploy units of the
European Border Guard. Any such order shall be rescinded once the danger is
removed, or at any time on the demand of the Senat. If
the danger extends beyond the territory of a single Member
State, the European Executive Council,
insofar as is necessary to combat such danger, may issue instructions to the Member State
governments; the first and second sentences of this paragraph shall not be
affected by this provision.
Article 156
(1) The European Union and the Member States
shall separately finance the expenditures resulting from the discharge of their
respective responsibilities insofar as this Constitution does not otherwise provide.
(2) Where the Member States act on federal
commission, the European Union shall finance the resulting expenditures.
(3) European laws providing for money grants
to be administered by the Member States may provide that the European Union
shall pay for such grants wholly or in part. If any such law provides that the European
shall finance one half or more of the expenditure, it shall be executed by the Member
States on european authorities.
(4) The European Union and the Member States
shall finance the administrative expenditures incurred by their respective
authorities and shall be responsible to one another for ensuring proper administration.
Details shall be regulated by a European law.
Article 157
(1) The yield of fiscal monopolies and the
revenue from the following taxes shall accrue to the European Union:
1. customs duties;
2. taxes on consumption, with the exception of the tax on beer;
3. tax on transport,
4. non-recurring levies on property and
equalisation of burdens levies.
(2) Member States and in accordance with the
laws of the Member States municipalities accrue proceeds of the following
taxes:
1. the beer tax;
2. the taxes on capital transactions, with the
exception of the transport tax and sales tax;
3. the property tax;
4. the inheritance tax, tax on motor
vehicles;
5. the taxes real;
6. the taxes of local importance.
(3) Revenue from income taxes, corporation
taxes and turnover taxes shall accrue respectively 30% of the Union,
and 70% of the Member States.
(4) To provide the ability to perform
efficiently in Member States with low tax revenues and to compensate for
different loads of the Member States in terms of expenditure, the Union may grant subsidies and collect funds for it from
certain taxes attributable to the Member States. European law determines which
taxes can be used for that purpose, and in what amount and under what
conditions will be granted subsidies to the Member States entitled to
compensation. Subventions should be provided to Member States directly.
(5) For the purpose of this Article, revenues
and expenditures of municipalities (associations of municipalities) shall also be
deemed to be revenues and expenditures of the Member States. The legislation of
the Member States shall determine whether and to what extent municipalities
accrue tax revenues of Member States.
(6) If in individual Member State or
municipalities the Union requires special facilities to be established that
directly result in an increase of expenditure or in reductions in revenue (special
burden) to these Member State or municipalities, the Federation shall grant the
necessary compensation if and insofar as the Member State or municipalities
cannot reasonably be expected to bear the burden. In granting such
compensation, due account shall be taken of indemnities paid by third parties
and financial benefits accruing to these Member State or municipalities as a
result of the establishment of such facilities.
Article 158
(1) Revenue from Member
State taxes and the Member State
share of revenue from income and corporation taxes and turnover tax shall accrue
to the individual Member States to the extent that such taxes are collected by
finance authorities within their respective territories (local revenue).
(2) On the way European law should provide
adequate financial compensation between Member States economically strong and
weak. This law specifies that grants compensation to Member States economically
weak will be awarded to the benefits of the Member States economically strong
(compensation benefits). In the law must
be also specify the assumptions compensation and liability claims compensation,
as well as criteria for the amount of compensatory measures. The law may also
provide that the Union provides any of its
Member States with weak economic subsidies to cover their overall financial
needs (supplementary grants).
Article 159
(1) Customs duties, fiscal monopolies, taxes
on consumption regulated by concurrent legislative power, tax on transport, turnover
taxes and non-recurring levies on property shall be administered by european
finance authorities. The organisation of these authorities and the procedure to be used by them shall be regulated by a European
law. Inasmuch as intermediate authorities have been established, their heads
shall be appointed in consultation with the Member State
governments. The Union may delegate the
administration of non-recurring levies on property to the financial authorities
of the Member States as administration commissioned.
(2) All other taxes shall be administered by
the financial authorities of the Member States. The organisation of these
authorities, the procedure to be used by them and the uniform training of their
civil servants may be regulated by a European law. Inasmuch as intermediate
authorities have been established, their heads shall be appointed in agreement
with the European Executive Council.
(3) To the extent that taxes accruing wholly
or in part to the Union are administered by revenue
authorities of the Member States, those authorities shall act on union
commission. Member States respond with their own income for the proper
administration of those revenues. Paragraphs (3) and (4) of Article 85 shall
apply, provided that the Minister of Finance shall take the place of the European
Executive Council.
(4) Financial jurisdiction shall be uniformly
regulated by a European law.
(5) The European Executive Council may issue
general administrative rules which, to the extent that administration is
entrusted to Member
State revenue authorities
shall require the consent of the Senat.
Article 160
(1) The Union and the Member States
shall be autonomous and independent of one another in the management of their
respective budgets.
(2) The Union and the Member States
should, in its budget management account of the requirements of general economic
equilibrium.
(3) A European law may establish principles
applicable to both the Union and the Member
States governing
budgetary law, the responsiveness of budgetary management to economic trends,
and long-term financial planning.
Article 161
(1) All revenues and expenditures of the Union shall be in cluded in the Budget.
(2) The budget for one or more fiscal years
shall be set forth in a European law enacted before the beginning of the first
year and making separate provision for each year. The European law may provide
that various parts of the budget apply to different periods of time, divided by
fiscal years.
(3) In exceptional cases, the revenues and
expenditures of the Union for a period shorter
than one year may be specified in an interim budget. The provisions relating to
a draft Union Budget shall apply, as appropriate, to a draft interim budget.
(4) If a Union Budget or
an interim budget have not come into force on the day of commencement of a
fiscal year, the European Executive Council shall manage Union finances pursuant
to the draft Budget.
(5) The right to introduce legislation
concerning a Budget, an interim budget, amendments to the Budget, a statute on
the contracting of public debt, as well as a statute granting financial
guarantees by the Union, shall belong exclusively to the European Executive
Council.
(6) The draft law, referred to in paragraph.
2 and 5 itself shall be submitted simultaneously to the Senat and to the Chamber of Deputies. The Senat shall
be entitled to comment on such bills within 42 days or, in the case of amending
bills, within 21 days.
(7) The European Executive Council shall
submit simultaneously to the Senat and to the Chamber of
Deputies a draft Budget for the next year no later than 90 days before the
commencement of the fiscal year. In exceptional instances, the draft may be
submitted later.
(8) The final a draft law, referred to in
paragraph. 2 and 5 shall be adopt the Chamber of Deputies with the principles
referred to in paragraph. 6 and 7.
Article 162
(1) The President of the Union
shall sign the Budget or interim Budget submitted to him by the President of
the Chamber of Deputies within 7 days of receipt thereof, and order its promulgation
in the Official Journal of the European Union.
(2) If the President of the Union has made
reference to the Court of Justice of the European Union for an adjudication
upon the conformity to the Constitution of the Budget or interim budget before
signing it, the Court of Justice of the European Union shall adjudicate such
matter no later than within a period of 60 days from the day of submission of
such reference to the Court of Justice of the European Union.
(3) If, after 121 days from the day of
submission of a draft Budget to the Chamber of Deputies, it has not been
adopted or presented to the President of the Union for signature, the President
of the Union may, within the following of 14
days, order the shortening of the Chamber of Deputies term of office.
Article 163
(1) The European Executive Council, within
the 151 days period following the end of the fiscal year, shall present
simultaneously to the Senat and to the Chamber of
Deputies a report on the implementation of the Budget together with information
on the condition of the Union debt. Senat is entitled to
give its opinion within 42 days.
(2) Within 90 days
following receipt of the report, the Chamber of Deputies shall consider the
report presented to it, and, after seeking the opinion of the Senat and the European Court of Auditors, shall pass a resolution on whether
to grant or refuse to grant approval of the financial accounts submitted by the
European Executive Council.
European Central Bank
Article 164
(1) The European Central Bank and the central banks
of the Member States are the
institutions unified monetary
system, which implement a common
policy on the issue.
(2) The European Central Bank issues banknotes
and coins.
In accordance with the common policy
issue, the European Central Bank regulates the amount of money in circulation
and together with the central banks of the Member States shall take measures in
order to implement this policy.
(3) The central bank of
the Member State
will undertake within the framework of a common policy on the issue other
measures needed for the implementation of the credit policy of the Member State.
(4) The means for
implementing a common policy issue can not put anyone in a position of unequal
in terms of doing business and earning an income.
Article 165
(1) The European Central Bank and the
central banks of the Member States are within their rights and obligations,
responsible for the stabilization of the currency, balance of payment in
domestic and international relations, and for the implementation of mutually
agreed monetary-credit policy.
(2) The European Central Bank and the
central banks of the Member States alone shall take the measures set out by
European law by means of which are realized goals and objectives
monetary-credit policy and foreign exchange. Commercial banks and other
financial organizations are bound by decisions taken by the European Central
Bank and the central banks of the Member States in order to implement this
policy.
Article 166
(1) The European Central Bank and the central
banks of the Member States shall operate deposit accounts of the Member States
and the local government and shall be authorised, on behalf of the Member States
and the local government and on their account, to perform other banking
affairs, if so specified by the Constitution.
(2) The European Central Bank shall act as a
depository of Union resources, conduct credit and other banking business for
the needs of the European Armed Forces and for the needs of national defence,
as laid down by the Union statute, and shall carry out other statutorily
specified credit and banking operations on account of the Union.
(3) The European Central Bank and the central
banks of the Member States shall not engage in other activities of commercial
banks.
Article 167
(1) The status European Central Bank and
uniform monetary operations of the central banks of the Member States shall be
regulated by European law.
(2) The operations of the European Central
Bank concerning the execution of common currency issue, monetary-credit and
foreign exchange policy shall be managed by the Governing Council of the European
Central Bank. In managing these operations the Governing Council of the
European Central Bank shall make decisions and take measures, and shall be
responsible for their implementation.
(3) The Governing Council of the European
Central Bank shall comprise the members of the
Executive Board of the
European Central Bank and the Governors of the central banks of the Member States.
(4) The Executive Board of the European
Central Bank shall comprise the President, the Vice-President and four other
members. The President and the Vice-President shall be appointed
by the Chamber of Deputies
with the approval of the Senat, and the other members of the Executive Board shall be appointed in equal
numbers by the Chamber of Deputies and the Senat, from
among persons of recognised standing and professional experience in monetary or
banking matters, after consulting the Governing Council of the European Central
Bank. Their term of office shall be eight years and shall not be renewable.
Each the subregion of the European Union must have one representative on the
Executive Board of the European Central Bank (Article 124 par. 4).
Article 168
(1) The President of the European Union, the
President of the Chamber of Deputies, the President of the Senat and a
member of the European Executive Council may participate, without having the
right to vote, in meetings of the Governing Council of the European Central
Bank. The President of the European Union, the President of the Chamber of
Deputies, the President of the Senat and a member of the
European Executive Council may submit a motion for deliberation to the
Governing Council of the
European Central Bank.
(2) The President of the European Central
Bank shall be invited to participate in meetings of the Chamber of Deputies and
the Senat when it is discussing matters relating to the
objectives and tasks of the European Central Bank.
(3) The European Central Bank shall address
an annual report on the activities of the European Central Bank and on the
monetary policy of both the previous and the current year to the Chamber of
Deputies, the Senat and the European Executive Council.
The President of the European Central Bank shall present this report to the Chamber of Deputies, which may hold a general debate on that basis, and to the Senat. The President of the European Central Bank and the other
members of the Executive Board may, at the request of the Chamber of Deputies
or on their own initiative, be heard by the competent bodies of the Chamber of
Deputies.
CHAPTER VII
ORGANS OF UNION CONTROL AND FOR DEFENCE OF RIGHTS
The Court of Auditors
Article 169
(1) The Court of Auditors shall be the chief
organ of Union audit.
(2) The Court of Auditors shall examine the
accounts of all revenue and expenditure of the Union.
It shall also examine the accounts of all revenue and expenditure of any body,
office or agency set up by the Union.
(3) The Court of Auditors shall provide the Chamber of Deputies and the Senat with a statement of assurance
as to the reliability of the accounts and the legality and regularity of the
underlying transactions which shall be published in the Official Journal of the
European Union. This statement may be supplemented by specific assessments for
each major area of Union activity.
(4) The Court of Auditors shall draw up an
annual report after the close of each financial year. It shall be forwarded to
the other institutions and shall be published, together with the replies of
these institutions to the observations of the Court of Auditors, in the
Official Journal of the European Union.
(5) The Court of Auditors shall be
subordinate to the Chamber of Deputies. It shall assist the Chamber of Deputies
and the Senat in exercising their powers of control over
the implementation of the budget. It shall adopt its Rules of Procedure. Those rules
shall require the consent of the Chamber of Deputies.
Article 170
(1) It shall consist of one national of each Member State.
Its members shall be completely
independent in the
performance of their duties, in the Union's
general interest. Their independence must be beyond doubt. The members of the
Court of Auditors shall be chosen from among persons who belong or have belonged
in their respective States to external audit bodies or who are especially
qualified for this office.
(2) The members of the Court of Auditors
shall be appointed for a term of six years. Their term of office shall be
renewable. List of members and the composition of the Court of Auditors shall a
adopt by European law. The members of the Court of Auditors shall elect their
President from among their number for a term of three years. He or she may be re-elected.
(3) In the performance of their duties,
members of the Court of Auditors shall neither seek nor take instructions from
any government or from any other body. They shall refrain from any action incompatible
with their duties.
(4) Members of the Court of Auditors shall
not, during their term of office, engage in any other occupation, whether
gainful or not. When entering upon their duties they shall give a solemn undertaking
that, both during and after their term of office, they will respect the
obligations arising therefrom and in particular their duty to behave with
integrity and discretion as regards the acceptance, after they have ceased to
hold office, of certain appointments or benefits.
(5) Apart from normal replacement, or death,
the duties of a member of the Court of Auditors shall end when he or she
resigns, or is compulsorily retired by a ruling of the Court of Justice of the
European Union pursuant to paragraph 6. The vacancy thus caused shall be filled
for the remainder of the member's term of office. Save in the case of
compulsory retirement, members of the Court of Auditors shall remain in office until
they have been replaced.
(6) A member of the Court of Auditors may be
deprived of his or her office or of his or her right to a pension or other
benefits in its stead only if the Court of Justice of the European Union, at the
request of the Court of Auditors, finds that he or she no longer fulfils the
requisite conditions or meets the obligations arising from his or her office.
The European Ombudsman
Article 171
(1) The Chamber of Deputies shall elect a
European Ombudsman for a term of 7 years. The European Ombudsman shall be
eligible for reappointment.
(2) The European Ombudsman may be dismissed
by the Court of Justice of the European Union at the request of the Chamber of
Deputies if he or she no longer fulfils the conditions required for the
performance of his or her duties or if he or she is guilty of serious
misconduct.
(3) The European Ombudsman shall be
completely independent in the performance of his or her duties. In the performance
of those duties he or she shall neither seek nor take instructions from any
institution, body, office or agency. The European Ombudsman shall not, during
his or her term of office, engage in any other occupation, whether gainful or
not.
(4) A European law shall lay down the
regulations and general conditions governing the performance of the European Ombudsman's
duties.
Article 172
(1) A European Ombudsman shall receive
examine and report on complaints about maladministration in the activities of
the Union institutions, bodies, offices or agencies, under the conditions laid
down in the Constitution. The European Ombudsman shall be completely
independent in the performance of his or her duties.
(2) Any citizen of the Union and any natural
or legal person residing or having its registered office in a Member State has
the right to refer to the European Ombudsman cases of maladministration in the activities
of the institutions, bodies, offices or agencies of the Union, with the
exception of the Court of Justice of the European Union acting in its judicial
role.
(3) In accordance with his or her duties, the
European Ombudsman shall conduct inquiries for which he or she finds grounds,
either on his or her own initiative or on the basis of complaints submitted to
him or her direct or through a member of the Chamber of Deputies, except where
the alleged facts are or have been the subject of legal proceedings. Where the
European Ombudsman establishes an instance of maladministration, he or she
shall refer the matter to the institution, body, office or agency concerned,
which shall have a period of three months in which to inform him or her of its
views. The European Ombudsman shall then forward a report to the Chamber of
Deputies and the institution, body, office or agency concerned. The person
lodging the complaint shall be informed of the outcome of such inquiries. The
European Ombudsman shall submit an annual report to the Chamber of Deputies on
the outcome of his or her inquiries.
CHAPTER VIII
THE JUDICIARY
Article 173
(1) The judicial power shall be vested in the
judges. it shall be exercised by the Court of Justice of the European Union, by
the european courts provided for in this Constitution, and by the courts of the
Member States.
(2) The judicial power of the Union shall extend to:
1. on all matters dealt with in accordance with this
Constitution, European laws or treaties, on behalf of the Union
are or will be contained;
2. on all matters relating to the ambassadors, other
public Ministers and Consuls;
3. on all matters of admiralty and maritime
Jurisdiction;
4. to controversies to which the European Union
shall be a party;
5. to controversies between two or more Member States;
6. to controversies between a Member
State and Citizens of another Member State;
7. to controversies between Citizens of different Member
States;
8. to controversies between Citizens of the same Member State
claiming Lands under Grants of different Member States;
9. to controversies between a Member State,
or the Citizens thereof, and foreign States, or the Citizens thereof.
(3) In all matters affecting Ambassadors,
other public Ministers and Consuls, and those in which a Member State
shall be Party, the supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and under such
Regulations as the European law shall make.
(4) All criminal cases, except instituted as
a result of impeachment by the Chamber of Deputies and the Senat, considers the court, and the proceedings are taking place in the Member
State in which the offenses were committed. The place or places handling of
cases of crime committed outside the territory of any Member State
shall be determined by a European law.
Article 174
(1) Judges, within the exercise of their
office, shall be independent and subject only to the Constitution and statutes.
(2) Judges shall be provided with appropriate
conditions for work and granted remuneration consistent with the dignity of
their office and the scope of their duties.
(3) A judge shall not belong to a political
party, a trade union or perform public activities incompatible with the
principles of independence of the courts and judges.
Article 175
(1) Judges shall not be removable.
(2) Recall of a judge from office, suspension
from office, transfer to another bench or position against his will, may only
occur by virtue of a court judgment and only in those instances prescribed in
statute.
(3) A judge may be retired as a result of
illness or infirmity which prevents him discharging the duties of his office.
The procedure for doing so, as well as for appealing against such decision,
shall be specified by statute.
(4) A statute shall establish an age limit
beyond which a judge shall proceed to retirement.
(5) Where there has been a reorganization of
the court system or changes to the boundaries of court districts, a judge may
be allocated to another court or retired with maintenance of his full
remuneration.
(6) A judge shall not, without prior consent
granted by a court specified by statute, be held criminally responsible nor
deprived of liberty. A judge shall be neither detained nor arrested, except for
cases when he has been apprehended in the commission of an offence and in which
his detention is necessary for securing the proper course of proceedings. The
president of the competent local court shall be forthwith notified of any such
detention and may order an immediate release of the person detained.
Article 176
(1) The legal status of european judges shall
be regulated by a special European law.
(2) If a european judge infringes the
principles of this Constitution or the constitutional order of a Member States
in his official capacity or unofficially, the Court of Justice of the European
Union, upon application of the Chamber of Deputies, may by a 2/3 majority order
that the judge be transferred or retired. In the case of an intentional
infringement it may order him dismissed.
(3) The legal status of the judges in the Member
States shall be regulated by special Member
State laws.
(4) The Member States may enact provisions
regarding Member State judges that correspond with those
of paragraph (2) of this Article. Existing Member State
constitutional law shall not be affected. The decision in cases of judicial
impeachment shall rest with the constitutional court of the Member State.
Article 177
A Member
State law may assign the decision of
constitutional disputes within a Member
State to the Court of Justice of the
European Union, and the final decision in matters involving the application of Member State
law to the supreme courts specified in paragraph (1) of Article 178.
Article 178
(1) The Union
may establish the european courts as supreme courts of european ordinary,
administrative, financial, labour and social jurisdiction.
(2) The judges of each of these courts shall
be chosen jointly by the competent minister of the European Executive Council
and a committee for the selection of judges consisting of the competent Member State
ministers and an equal number of members elected by the Chamber of Deputies.
(3) A Joint Chamber of the courts specified
in paragraph (1) of this Article shall be established to preserve the european uniformity
of decisions. Details shall be regulated by a European law.
Article 179
(1) The Union
may establish a european court for matters concerning industrial property
rights.
(2) The Union
may establish european military criminal courts for the European Armed Forces.
These courts may exercise criminal jurisdiction only during a martial law or
over members of the European Armed Forces serving abroad or on board warships.
Details shall be regulated by a European law. These courts shall be under the
aegis of the Minister of
Justice. Their full-time judges
shall be persons qualified to hold judicial office.
(3) The Union
may establish as the supreme court of review from the courts designated in
paragraphs (1) and (2) of
this Article.
(4) The Union
may establish european courts for disciplinary proceedings against, and for
proceedings on complaints by, persons in the european public service.
Article 180
(1) If a court concludes that a law on whose
validity its decision depends is unconstitutional, the proceedings shall be stayed,
and a decision shall be obtained from the Member State court with jurisdiction
over constitutional disputes where the constitution of a Member State is held
to be violated, or from the Court of Justice of the European Union where this Constitution
is held to be violated. This provision shall also apply where the Constitution is
held to be violated by Member State law and where a Member State
law is held to be incompatible with a European law.
(2) If, in the course of litigation, doubt
exists whether a rule of international law is an integral part of european law and
whether it directly creates rights and duties for the individual (Article 12),
the court shall obtain a decision from the Court of Justice of the European
Union.
(3) If the constitutional court of a Member State,
in interpreting this Constitution, proposes to deviate from a decision of the
Court of Justice of the European Union or of the constitutional court of
another Member State, it shall obtain a decision from
the Court of Justice of the European
Union.
The Court of Justice of the European
Union
Article 181
(1) The Court of Justice of the European
Union shall rule:
1. on the interpretation of this Constitution in the
event of disputes concerning the extent of the rights and duties of a supreme european
body or of other parties vested with rights of their own by this Constitution
or by the rules of procedure of a supreme european body;
2. in the event of
disagreements or doubts concerning the formal or substantive compatibility of european
law or Member State law with this Constitution, or the compatibility of Member
State law with other european law, on application of the European Executive
Council, of a Member State government, or of 70 of the Members of the Chamber of Deputies;
3. in the event of
disagreements whether a law meets the requirements of paragraph (2) of Article 141,
on application of the Senat or of the government or
legislature of a Member
State;
4. in the event of
disagreements concerning the rights and duties of the Union and the Member States,
especially in the execution of european law by the Member States and in the
exercise of european
oversight;
5. on other disputes involving public law between
the Union and the Member States, between different Member States, or within a Member State,
unless there is recourse to another court;
6. on constitutional complaints, which may be filed
by any person alleging that one of his basic rights or one of his rights under
paragraph (3) of Article 9 or under Article 28, 44, 45, 71, 72, 73, 74, 80 or
82 has been infringed by public authority;
7. on constitutional complaints filed by local government on the ground that their right
to self-government under Article 14 has been infringed by a law; in the case of
infringement by a Member State law, however, only if the law cannot be
challenged in the constitutional court of the Member State;
8. in the other instances
provided for in this Constitution.
(2) At the request of the Senat, a Member State government or the
parliamentary assembly of
a Member State, the Court of Justice of the
European Union shall also rule whether in cases falling under paragraph (3) of
Article 141 the need for a regulation by european law does not exist any
longer. The Court’s determination that the need has ceased to exist or that european
law could no longer be enacted substitutes a european law according to
paragraph (3) of Article 141.
A request under the first sentence is admissible only if
a bill falling under paragraph (3) of Article 141 has been rejected by the Chamber of Deputies or if it has not been considered and determined upon within one
year, or if a similar bill has been rejected by the Senat.
(3) The Court of Justice of the European
Union shall also rule on such other matters as shall be assigned to it by a european
law.
Article 182
(1) Judgments of the Court of Justice of the
European Union shall be of universally binding application and shall be final.
(2) Judgments of the Constitutional Tribunal
regarding matters specified in Article 181, shall be required to be immediately
published in the official publication in which the original normative act was
promulgated. If a normative act has not been promulgated, then the judgment
shall be published in the Official Journal of the European Union.
(3) A judgment of the Court of Justice of the
European Union shall take effect from the day of its publication, however, the
Court of Justice of the European Union may specify another date for the end of
the binding force of a normative act. Such time period may not exceed 545 days
in relation to a statute or 365 days in relation to any other normative act.
Where a judgment has financial consequences not provided for in the Budget, the
Court of Justice of the European Union shall specify date for the end of the
binding force of the normative act concerned, after seeking the opinion of the European
Executive Council.
(4) A judgment of the Court of Justice of the
European Union on the non-conformity to the Constitution, an international
agreement or statute, of a normative act on the basis of which a legally
effective judgment of a court, a final administrative decision or settlement of
other matters was issued, shall be a basis for reopening proceedings, or for
quashing the decision or other settlement in a manner and on principles
specified in provisions applicable to the given proceedings.
(5) Judgments of the Court of Justice of the
European Union shall be made by a majority of votes.
Article 183
(1) The Court of Justice of the European
Union pronounces on suits which predicate the constitutional responsibility of
the highest Union and Member
State authorities for
legal contraventions culpably ensuing from their official activity.
(2) Suit can be brought:
1. against the President of the European Union, for
contravention of the Constitution: by a vote of the Chamber of Deputies or the Senat;
2. against members of the European Executive Council
and the authorities placed with regard to
responsibility on an equal
footing with them, for contravention of the law: by a vote of the
Chamber of Deputies;
3. against a Prime Minister of that Member State
or a member of the Member State Government (art. 145, art. 146 and art. 147), for contravention of the law as well as
for non-compliance with ordinances or other directives (instructions) of the Union
in matters pertaining to the indirect european administration, in the case of a
member of the Member State Government also with regard to instructions from the
Prime Minister of that Member State in these matters: by a vote of the European
Executive Council;
4. against members of a Member State Government for
obstruction of the powers pursuant to Art. 146 para. 3 and Art. 147 para. 4: by
a vote of the Chamber of Deputies or the European Executive Council.
(3) If pursuant to para. 2 sub-para. 3 above
the European Executive Council brings a suit only against a Prime Minister of
that Member State, and it is shown that another member of the Member State
Government concerned with matters pertaining to the indirect european
administration is guilty of an offence within the meaning of para. 2 sub-para.
3 above, the European Executive Council can at any time pending the passing of
judgment widen its suit to include this member of the Member State Government.
(4) The condemnation by the Court of Justice
of the European Union shall pronounce a forfeiture of office and, in particularly
aggravating circumstances, also a temporary forfeiture of political rights. In
the case of minor legal contraventions in the instances mentioned in para. 2
sub-paras. 3 and 4 above the Court of Justice of the European Union can confine
itself to the statement that the law has been contravened.
Article 184
A suit can be brought
against the persons mentioned in Art. 183 also on the score of actions
involving penal
proceedings connected with the activity in office of the individual to be arraigned.
In this case competence lies exclusively with the Court of Justice of the
European Union; any investigation already pending in the ordinary criminal
courts devolves upon it. The Court of Justice of the European Union can in such
cases, in addition to Art. 183 para. 4, apply the provisions of the criminal
law.
Article 185
(1) The Court of Justice of the European
Union consists of a President, a Vice-President, and thirteen additional members.
Member of the Court of Justice of the European Union shall be appointed for 9 years and re-election is inadmissible. No
Member State can not have more than one
representative on the Court of Justice of the European Union and each subregion
of the European Union must have at least two representatives on the Court of
Justice of the European Union (Article 124 par. 4).
(2) The President and the Vice-President are
appointed by the President of the European Union from among judges,
administrative officials, and professors holding a chair in law. The remaining
13 members are appointed by the President of the European Union on request of
the Chamber of Deputies for 7 members and of the Senat for
6 members. The Chamber of Deputies shall act by a majority of at least 2/3 of
votes in the presence of at least half of the statutory number of Deputies, and
by the Senat by a majority of at least 2/3 of the Member
States of the European Union which together hold at least 2/3 of votes in the
Senat. Administrative officials on active service who
are appointed members shall be exempted, with their pay terminating, from all
official duties.
(3) The President, the Vice-President and the
other members must be graduates of the studies in legal sciences or of law and
political science and for at least ten years have held a professional
appointment which prescribes the graduation in these studies.
(4) The following cannot belong to the Court
of Justice of the European Union: members of the European Executive Council or
a Member State Government, furthermore members of the Chamber of Deputies, the
Senat, or any other popular representative body; for
members of these representative bodies who have been elected for a fixed term
of legislation or office such incompatibility continues until the expiry of
that term of legislation or office. Finally persons who are in the employ of or
hold office in a political party cannot belong to the Court of Justice of the
European Union.
(5) Anyone who during the preceding five
years has exercised one of the functions specified in para. 4 above cannot be
appointed President or Vice-President of the Court of Justice of the European
Union.
(6) Articles 174, 175 and 176 apply to
members of the Court of Justice of the European Union; detailed provisions will
be prescribed in the european law to be promulgated pursuant to para. 8 above.
The 31 December of the year in which a judge completes his seventieth year of
life is fixed as the age limit on whose attainment his term of office ends.
(7) If a member disregards without
satisfactory excuse three successive requests to attend a hearing of the Court
of Justice of the European Union, the Court of Justice of the European Union
shall formally establish the fact after listening to his testimony.
Establishment of the fact entails loss of membership or the status of
substitute membership.
(8) Detailed provisions about the
organization and procedure of the Court of Justice of the European Union will
be prescribed by a special european law and in Standing Orders to be voted by
the Court of Justice of the European Union on the basis of this.
CHAPTER IX
EXTRAORDINARY
MEASURES
Article 186
(1) In situations of particular danger, if
ordinary constitutional measures are inadequate, any of the following
appropriate extraordinary measures may be introduced: martial law, a state of
emergency or a state of natural disaster.
(2) Extraordinary measures may be introduced
only by regulation, issued upon the basis of statute, and which shall
additionally require to be publicized.
(3) The principles for activity by organs of
public authority as well as the degree to which the freedoms and rights of
persons and citizens may be subject to limitation for the duration of a period
requiring any extraordinary measures shall be established by law.
(4) A law may specify the principles, scope
and manner of compensating for loss of property resulting from limitation of
the freedoms and rights of persons and citizens during a period requiring
introduction of extraordinary measures.
(5) Actions undertaken as a result of the
introduction of any extraordinary measure shall be proportionate to the degree
of threat and shall be intended to achieve the swiftest restoration of
conditions allowing for the normal functioning of the Member
State or Union.
(6) During a period of introduction of
extraordinary measures, the following shall not be subject to change: the
Constitution of the European Union and the constitution Member
State, Acts on Elections to the Chamber of Deputies, the parliament Member
State and organs of local
government, the Act on Elections to the Presidency, as well as laws on
extraordinary measures.
(7) During a period of introduction of
extraordinary measures, as well as within the period of 90 days following its
termination, the term of office of the Chamber of Deputies and parliament
Member State may not be shortened, nor may a referendum, nor elections to the Chamber of Deputies, parliament Member State, organs of local government nor elections
for the Presidency be held, and the term of office of such organs shall be
appropriately prolonged. Elections to parliament Member State
and organs of local government and referendum shall be possible only in those
places where the extraordinary measures have not been introduced.
(8) Should it be necessary for the Chamber of
Deputies to elect a new President of the European Executive Council, it shall
do so by the votes of a majority of its members; the President of the European
Union shall propose a candidate to the Chamber of Deputies. The Chamber of
Deputies may express its lack of confidence in the President of the European
Executive Council only by electing a successor by a 2/3 majority of its members.
Article 187
In the case of
external threats to the Union, acts of armed aggression against the territory
of the European Union or when an obligation of common defence against
aggression arises by virtue of international agreement, the President of the European
Union may, on request of the European Executive Council, declare a state of
martial law in a part of or upon the whole territory of the Union.
Article 188
(1) In the case of threats to the constitutional
order of the Member State or Union, to security of the citizenry or public
order, the Member State may introduce for a definite period no longer than 90
days, a state of emergency in a part of or upon the whole territory of the Member
State.
(2) Member State may call for the assistance
of police forces of other Member States or of personnel and facilities of other
administrative authorities, of the European Border Guard, or of the European
Armed Forces to assist its police when without such assistance the police could
not fulfil their responsibilities to maintain or restore public security or
order, or could do so only with great difficulty.
(3) If the constitutional order of the Member
State or Union, to security of the citizenry or public order endangers the
territory of more than one Member State, the European Executive Council,
insofar as is necessary to combat the danger, may instruct the Member State
governments to place police forces at the disposal of other Member States, and
may deploy units of the European Border Guard, or of the European Armed Forces
to support the police. Measures taken by the European Executive Council pursuant
to the first sentence of this paragraph shall be rescinded at any time at the
demand of the Senat, and in any event as soon as the
danger is removed.
(4) If the constitutional order of the Member
State or Union, to security of the citizenry or public order endangers the
territory of more than one Member State and the measures taken in accordance
with paragraphs 1,2 and 2 of this Article are insufficient, at the time European Executive Council may,
if it is necessary for effective eradication, introduce for a definite period
no longer than 90 days, a european state of emergency in a part of or upon the
whole territory of the Union. The European Executive Council acts on the
request of the parliament of the Member
State and if is unable to assemble for a sitting,
at the
request of
the government of the Member
State. Extension of a european
state of emergency may be made once only for a period no longer than 60 days
and with the consent of the Senat. The European
Executive Council, insofar as is necessary to combat the danger, may instruct
the Member State
governments to place police forces at the disposal of Union or other Member States,
and may deploy units of the European Border Guard, or of the European Armed
Forces to support the police. Measures taken by the European Executive Council
pursuant to paragraph 4 shall be rescinded at any time at the demand of the
Senat, and in any event as soon as the danger is
removed.
Article 189
The President of the Union shall submit the regulation on the introduction of
martial law or a european state of emergency to the Chamber of Deputies and Senat within 48 hours of signing such regulation. The Chamber of
Deputies and Senat shall immediately consider the
regulation of the President of the Union. The Chamber of Deputies, by an absolute majority of votes taken in the presence of at least
half the statutory number of Deputies with the consent of the Senat, may annul the regulation of the
President of the Union.
Article 190
(1) In order to prevent or remove the
consequences of a natural catastrophe or a technological accident exhibiting
characteristics of a natural disaster, the Member State may introduce, for a
definite period no longer than 30 days, a state of natural disaster in a part
of or upon the whole territory of the Member State. An extension of a state of
natural disaster may be made with the consent of the parliament of the Member State.
(2) In the case of natural disasters Member State
may call for the assistance of police forces
of other Member State
or of personnel and facilities of other administrative authorities, of the European Border Guard, or
of the European Armed Forces.
(3) If the consequences of a natural
catastrophe or a technological accident exhibiting characteristics of a natural
disaster endangers the territory of more than one Member State, the European
Executive Council, insofar as is necessary to combat, the prevent or remove the
consequences, may introduce, for a definite period no longer than 30 days, a
european state of natural disaster in a part of or upon the whole territory of
the Union. The European Executive Council acts on the request of the parliament
of the Member State
and if is unable to assemble for a sitting, at the request of the government of
the Member State. An extension of a european state
of natural disaster may be made with the consent of the Chamber of Deputies and
Senat. The European Executive Council, insofar as is
necessary to combat the danger, may instruct the Member
State governments to place police
forces at the disposal of Union or other Member States,
and may deploy units of the European Border Guard, or of the European Armed
Forces to support the police. Measures taken by the European Executive Council
pursuant to paragraph 3 shall be rescinded at any time at the demand of the
Senat, and in any event as soon as the danger is
removed.
Article 191
(1) The Union shall have the right to
legislate concurrently for a martial law even with respect to matters within the
legislative powers of the Member
State.
(2) To the extent necessary to repel an
existing or imminently threatened attack, a european law for a martial law may regulate
the administration and finances of the Union and the Member State without
regard to Titles V and VI of this Constitution, provided that the viability of
the Member States and local government, especially with respect to financial
matters, is assured.
Article 192
(1) During a martial law the european
legislative process shall be governed by the provisions of paragraph (2) of
this Article without regard to the provisions of paragraph (3) of Article 101
and Article 102.
(2) European Executive Council bills that the
Government designates as urgent shall be forwarded to the Senat at the same time as they are submitted to the Chamber of Deputies. The Chamber of Deputies and the Senat shall debate such bills in
joint session without delay. Details shall be regulated by rules of procedure adopted
by the Chamber of Deputies and requiring the consent of the Senat.
Article 193
(1) During a martial law the European
Executive Council, to the extent circumstances require, may:
1. employ the European Border Guard
throughout the Union territory;
2. issue instructions not only to european
administrative authorities but also to Member
State governments and, if it deems the
matter urgent, to Member State authorities, and may delegate this power to
members of Member
State governments
designated by it.
(2) The Chamber of Deputies, the Senat and the President of the European Union shall be informed
without delay of the measures taken in accordance with paragraph (1) of this
Article.
Article 194
Neither the constitutional
status nor the performance of the constitutional functions of the Court of
Justice of the European Union or its judges may be impaired. The law governing
the Court of Justice of the European Union may be amended by a european law
only insofar as the Court of Justice of the European Union agrees is necessary
to ensure that it can continue to perform its functions. Pending the enactment
of such a european law, the Court of Justice of the European Union may take
such measures as are necessary to this end. Determinations by the Court of
Justice of the European Union pursuant to the 2 and 3 sentences of this Article
shall be made by a majority of the judges present.
Article 195
(1) If the competent european bodies are
incapable of taking the measures necessary to avert the danger pursuant to the
Article 187, and if the situation imperatively calls for immediate independent
action in particular areas of the Union territory, the Member State governments
or the authorities or representatives they designate shall be authorised, within
their respective spheres of competence, to take the measures provided for in
paragraph (1) of Article 193.
(2) Any measures taken in accordance with
paragraph (1) of this Article may be rescinded at any time by the European Executive
Council, or, with respect to Member
State authorities and subordinate
european authorities, by Prime Ministers of the Member States.
Article 196
(1) The european law specifying the scope of
limitation of the freedoms and rights of persons and citizens in times of
martial law and states of emergency shall not limit the freedoms and rights
specified in Article 25 (the dignity of the person), Article 9 and Article 70
(citizenship), Article 26 (protection of life), Article 27 and Article 28
(humane treatment), Article 72 and Article 73 (ascription of criminal
responsibility), Article 71 (access to a court), Article 31 (personal rights),
Article 34 (conscience and religion), Article 66 and Article 68 (petitions), as
well as Article 48 and Article 57 (family and children).
(2) Limitation of the freedoms and rights of
persons and citizens only by reason of race, gender, language, faith or lack of
it, social origin, ancestry or property shall be prohibited.
(3) The european law specifying the scope of
limitations of the freedoms and rights of persons and citizens during states of
natural disasters may limit the freedoms and rights specified in Article 40
(freedom of economic activity), Article 27, paras. 1 and Article 30 (personal
freedom), Article 31 (inviolability of the home), Article 69 (freedom of
movement and sojourn on the territory of the European Union), Article 52 (the
right to strike), Article 41 (the right of ownership), Article 39 (freedom to
work), Article 55, para. 1 (the right to fair and just working conditions) as
well as Article 55, para. 2 (the right to rest).
Article 197
(1) Whenever, during a period of martial law,
the Chamber of Deputies or the Senat is unable to
assemble for a sitting, the President of the Union
shall, on application of the European Executive Council, and within the scope
and limits specified in Article 186, paras. 3-5, issue regulations having the
force of european law. Such regulations must be approved by the Chamber of
Deputies and the Senat at its next sitting.
(2) The regulations, referred to in para.1
above shall have the character of universally binding law.
Article 198
(1) Laws enacted in accordance with Articles 195, 198
and 201, as
well as statutory instruments issued on the basis of such laws, shall suspend
the operation of incompatible law so long as they are in effect. This provision
shall not apply to earlier law enacted pursuant to Articles 191, 194 and 197.
(2) Laws adopted in accordance with the
Article 197, as well as statutory instruments issued on the basis of such laws,
shall cease to have effect no later than six months after the termination of a
martial law.
(3) Laws containing provisions that diverge
from Articles 156, 157 and 158 shall apply no longer than the end of the
second fiscal year following the termination of a martial law. After such
termination they may be amended by a european law so as to revert to the
provisions of Chapter VI.
Article 199
(1) The Chamber of Deputies, with the consent
of the Senat, may at any time repeal laws enacted in
accordance with Article 197. The Senat may demand that
the Chamber of Deputies reach a decision on this question. Any measures taken
by the President of the Union or by the European
Executive Council to avert a danger shall be rescinded if the Chamber of
Deputies and the Senat so decide.
(2) The Chamber of Deputies, with the consent
of the Senat, may at any time, by a decision to be
promulgated by the President of the Union,
declare a martial law terminated. The Senat may demand
that the Chamber of Deputies reach a decision on this question. A martial law
shall be declared terminated without delay if the conditions for determining it
no longer exist.
(3) The conclusion of peace shall be
determined by a european law.
CHAPTER X
AMENDING THE CONSTITUTION
Article 200
(1) A bill to amend the Constitution may be
submitted by the following: at least 1/5 of the statutory number of Deputies,
the Senat or the President of the Union.
(2) Amendments to the Constitution shall be
made by means of a statute adopted by the Chamber of Deputies and, thereafter,
adopted in the same wording by the Senat within a period
of 60 days and then within no more than 180 days by the parliaments of the
Member States.
(3) The first reading of a bill to amend the
Constitution may take place no sooner than 30 days after the submission of the
bill to the Chamber of Deputies.
(4) A bill to amend the Constitution shall be
adopted by the Chamber of Deputies by a majority of at least 2/3 of votes in
the presence of at least 3/4 of the statutory number of Deputies, by the Senat by a majority of at least 2/3 of the Member States of the
European Union which together hold at least 2/3 of votes in the Senat and then the decision of the parliament at least 3/4 of the Member
States, which together according to the last census count at least 65% of the
total population of all the Member States of the European Union.
(5) After conclusion of the procedures
specified in paras 4 above, the President of the Chamber of Deputies shall
submit the adopted statute to the President of the Union
for signature. The President of the Union
shall sign the statute within 21 days of its submission and order its
promulgation in the Official Journal of the European Union.
Article 201
Amendments to this
Constitution affecting the participation on principle in the legislative
process the Member States or leading to the financial imbalance
between the Union and the Member States
or the principles laid down in Articles 1 and 25 shall be inadmissible.
CHAPTER XI
TRANSITIONAL AND CONCLUDING PROVISIONS
Article 202
Within a period of 2
years from the day on which the Constitution comes into force, the European Executive Council shall present to the Chamber of Deputies such bills as are
necessary for the implementation of the Constitution.
Article 203
(1) The term of office of constitutional
organs of public power and the individuals composing them, whether elected or
appointed before the coming into force of the Constitution, shall end with the
completion of the period specified in provisions valid before the day on which
the Constitution comes into force.
(2) In the event that provisions valid
prior to the entry into force of the Constitution do not specify any such term
of office, and from the election or appointment there has expired a period
longer than that specified in the Constitution, the constitutional term of
office of organs of public power or individuals composing them shall end one
year after the day on which the Constitution comes into force.
(3) If provisions valid before to the
entry into force of the Constitution do not specify any such term of office,
and from the day of election or appointment there has expired a period shorter
than that specified in the Constitution, the time for which such organs or
individuals shall serve in accordance with existing provisions shall be
included in the term of office specified in the Constitution.
(4) The activities of the European
Committee of the Regions and European Economic and Social Committee shall end
one month after the entry into force of the Constitution.
Article 204
Within two year of
the day on which the Constitution comes into force, the Budget may allow for
the covering of the budget deficit by contracting debt in the European Central
Bank.
Article 205
(1) The European Executive Council shall, within 2 years of the coming
into force of the Constitution, present to the Chamber of Deputies a list of
international agreements containing provisions not in conformity to the
Constitution.
(2) Subject to all rights and objections
of interested parties, treaties concluded by the Member States concerning
matters within the legislative competence of the Union under this Constitution shall
remain in force, provided they are and continue to be valid under general
principles of law, until new treaties are concluded by the authorities
competent under this Constitution, or until they are in some other way
terminated pursuant to their provisions.
(3) Subject to all rights and objections
of interested parties, treaties concluded by the European Union concerning
matters within the legislative competence of the Member States under this Constitution
shall remain in force, provided they are and continue to be valid under general
principles of law, until new treaties are concluded by the authorities competent
under this Constitution, or until they are in some other way terminated pursuant
to their provisions.
Article 206
Law regarding
matters subject to the exclusive legislative power of the Union shall become european
law in the area in which it applies.
Article 207
Disagreements
concerning the continued applicability of law as european law shall be resolved
by the Court of Justice of the European Union.
Article 208
Insofar as such
assets were originally intended to be used principally for administrative tasks
not entrusted to the Member States under this Constitution, they shall be
transferred without compensation to the authorities now entrusted with such
tasks and to the extent that such assets are now being used, not merely
temporarily, for administrative tasks that under this Constitution are now
performed by the Union, they shall be transferred to the Union. The Member
States may also transfer other assets to the Union. Details shall be regulated
by a european law.
Article 209
Until the election
of the first President of the Union, his powers shall be exercised by
the President of the Senat. He shall not have authority to dissolve the Chamber of Deputies.
Article 210
Notwithstanding
anything in Article 8, for a period of ten years from the commencement of this
Constitution, the languages mentioned from Article 8 paragraph 2 shall
continue to be used for all the official purposes of the Union for which it was
being used immediately before such commencement.
Article 211
The following are hereby repealed:
- Treaty of Lisbon amending the Treaty on
European Union and the Treaty establishing the European Community,
- Treaty on the Functioning of the European
Union.
Article 212
The Constitution of the European Union
shall come into force on the expiry of the 3-month period following the day of
its promulgation.