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.
