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European Constitution EUROPEANCONSTITUTION.EU EUROP EANCO NSTIT UTION DISCOVER THE FUTURE OF EUROPE 2020 The Honorable... a European Preamble We the People of the European Union, united in our diversity, common history, and shared values and future, in order to form an ever-closer Union, ensure the fundamental rights of Constitution all, promote solidarity, development and the general welfare, and secure a free, peaceful and sustainable future for generations to come, establish and adopt this Constitution for the Eu- ropean Union. The past decades have seen tremendous changes around the world, with rising public and private actors, new and more global threats, and ever more interconnectedness. Yet, European Union institutions have remained largely the same. In order to face this new world and its challenges, we need a new Union, rooted in profoundly reformed, stronger and more Article I: Fundamental rights, freedoms, and responsibilities ............4 democratic institutions. We need a European Constitution. This is the full text of our proposal for a Constitution: one preamble, Article II: The legislative branch ....................................................7 six articles, and around twelve pages of full text. No more. This constitution draws from a number of robust constitutions and adds specific, innovative provisions designed to ensure a democratic, Article III: The executive branch .................................................17 transparent and efficient system of government. So that we may finally create a Europe working for all its citizens. Louis Drounau, Article IV: The judiciary ..............................................................20 President of EuropeanConstitution.eu Article V: General provisions for citizens, officials, and States .........23 The full text is in the right-hand side column. The left-hand side column indicates the Article VI: Final provisions .........................................................27 location of specific provisions. 4 EuropeanConstitution.eu – Fundamental rights, freedoms, and responsibilities Fundamental rights, freedoms, and responsibilities – EuropeanConstitution.eu 5 the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Internation- al Covenant on Economic, Social and Cultural Rights. The enumeration of the above rights and freedoms shall not be Article I construed to deny other rights and freedoms retained by the people. Fundamental rights, freedoms, and responsibilities (6) Limitation to curtailing rights Accordingly, no right or freedom shall be interfered with, un- by law less pursuant to a law aimed at upholding the public safety and the rights of the community, with fair consideration given Section 1 – Fundamental rights and freedoms to the necessity of security and the imperative of liberty. Any law interfering with a fundamental right or freedom shall ap- (1) Respect and promotion of Inviolable and inalienable human rights form the basis of ply generally and specify said affected right or freedom; in no human rights every human community; respecting, protecting, ensuring, case may the essence of a fundamental right or freedom be and actively promoting them shall be the duty of all federal affected. authorities. Every individual shall have the freedom to exer- cise and enjoy his rights and freedoms, provided he does not (7) Right to resist All citizens shall have the right to resist any person seeking violate the rights and freedoms of others or upset the consti- to abolish the constitutional order, should no other remedy is tutional order. available. (2) Fundamental rights and The European Union recognises the following rights and free- Individuals affected in their rights shall have access to redress freedoms doms to all, citizens or not: the right to life and physical in- through the courts, with fair, efficient and timely access to tegrity; the right to equality for all before the law; the right to justice for all. equality of opportunity; freedom of conscience, opinion and belief; freedom of expression; freedom of peaceful assembly; freedom of association and to form political parties and un- Section 2 – Responsibilities ions; right to privacy of all means of communication, person- The exercise and enjoyment of the above rights and freedoms al data and information; freedom of movement; freedom of incur responsibilities for citizens towards the community. occupation; right to education; right to private property and protection of said property against unreasonable searches and (8) Limits to rights and freedoms All individuals shall respect the rights and freedoms of others, seizures; right of asylum; and right to petition federal author- as well as the constitutional order. Abuse of these rights and ities and expect a response, as prescribed by law. Citizens are freedoms, as defined by law and judicial decisions, shall lead also recognised the right to political representation, the right to the temporary withholdings of some or all of the abuser’s to an adequate standard of living, and the full enjoyment of rights and freedoms. public goods as prescribed by law. (9) Compulsory education Education is a pillar of an informed citizenry. It shall there- (3) Right to vote The right to vote, in particular, is a cornerstone of democracy; fore be compulsory and made affordable to all, according to Congress shall ensure that voting is free, fair, transparent, and their resources. easy and accessible to all, at all levels of the Union. (10) Duty to vote As a central way to contribute to public life, voting is a duty (4) Absence of discrimination These rights shall be enjoyed by all with the clear absence of as well as a right for all citizens of legal voting age and legally discrimination on any account – including, but not limited to, allowed to vote. Voting in federal and State elections shall be disability, employment, nationality, race or ethnicity, political compulsory for all eligible citizens, under penalty of a fair and religious beliefs or lack thereof, gender, sex, and sexual and deterring fine to be ascertained by law. orientation. (11) Duty to pay taxes Taxes are essential to the good functioning of public insti- (5) International instruments The European Union also recognises human rights as defined tutions, to promote development, and to ensure the gener- in international instruments – including, but not limited to, 6 EuropeanConstitution.eu – Fundamental rights, freedoms, and responsibilities The legislative branch – EuropeanConstitution.eu 7 (12) Mandate to fight tax evasion al welfare and the furniture of public goods to all. Relevant and avoidance physical and moral persons have a duty to acquit themselves (13) “Jealousy Day” provision of their taxes, at all levels and in good faith. Congress shall ensure, by law, the right level of transparency for taxes paid. Article II Solidarity and mutual support are cardinal values of commu- nity life. To foster these across the Union, Congress may de- The legislative branch (14) Community service cide on a compulsory community service. In order to ensure the participation of all, this service shall be made flexible and compatible with educational and work requirements, and in- clude financial compensation. Section 1 – Establishment of a bicameral Congress (15) Duty to protect the Mindful of their responsibility towards future generations, (18) Bicameral legislature All legislative powers shall be vested in a Congress of the environment citizens, residents, private actors, and public institutions shall European Union, which shall consist of two Houses: a Parlia- protect the environment, at home and abroad, including nat- ment and a Senate. ural ecosystems and animals, and ensure high levels of pro- tection through appropriate legislation. They shall act in a sustainable manner, in accordance with norms and standards Section 2 – Establishment of the Parliament (16) Periodic review of set by law and judicial decisions, which are to be periodically Any person who shall have attained the age of twenty-five in environmental standards reviewed and improved as necessary. (19) Age criteria (20) Citizenship/residency criteria the year of the election, have been for five years a citizen of (17) Civic education and For the benefit of civic education and behaviour, all citizens the European Union, and for three months been a resident of knowledge of institutions and residents shall get acquainted with their institutions, that constituency in which he seeks to be elected shall be eli- rights and responsibilities. gible as Member of Parliament. Members of Parliament shall (21) Term/service limit not serve more than four full terms or be eligible after a com- bined ten years, including when filling a vacancy. (22) Direct election, term Members of Parliament are elected directly by the citizens duration, local districts of their constituency every three years. There shall be one Member of Parliament for each federal electoral constituen- (23) Majority judgment cy, elected by majority judgment. With a view to ensuring fair (24) State-wide proportionality State-wide party proportionality, there shall be an additional from second vote on party number, at least equal to the number of federal electoral con- lists stituencies, of Members of Parliament chosen through a sec- ond vote and drawn from a gender-alternate State-wide lists. Parliament shall apportion Members of Parliament among the Member States, according to their respective population using the Sainte-Laguë method. (25)
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