PEOPLE'S CONSTITUTION FOR EUROPE

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Original Posting: 27 September 2004 Monday 1500 hrs Singapore

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THE DRAFTING

OF THE

PEOPLE'S CONSTITUTION FOR EUROPE

Preface

Noting that time is fast running out for the drafting of a People’s Constitution for Europe before the signing of the provisional consolidated version of the Draft Treaty establishing a Constitution for Europe (as approved by the Intergovernmental Conference on 18 June 2004) in Rome on 29 October 2004 by the Heads of State or Government (‘the Draft EU Constitution 2004’), I have presented below a copy of Part I thereof with suggested amendments for discussions by all interested persons and for the incorporation of better ideas that would metamorphose the Draft EU Constitution 2004 into a truly People’s Constitution for Europe or into one that is basically so.

The ratification process involving all the 25 Member States is expected to be completed by 2007. So it is time to act now, to draft a People's Constitution for Europe by suggesting truly democratic, critical amendments to the Draft EU Constitution 2004 for the consideration of the peoples of Europe during the ratification process which is a historic event that should not go waste. See the Strategy below.

In our discussion and drafting of the People’s Constitution for Europe, regard must be given to the special circumstances of Europe and its people at this particular historic juncture of European history and to the present day realities of the European Union.

As it is, the European Union is only an association of 25 sovereign Member States, each with its proud history, cultures, language(s) and national icons. So the European Union has no powers (competences) other than those conferred on it voluntarily by its Member States for the purposes of ‘attaining objectives they have in common’ and ‘to build a common future’.

In this connection, it is to be noted that unhappy Member States are allowed to leave the European Union voluntarily under Article I-59 of the Draft EU Constitution 2004.

The Strategy

So at this point of time the best strategy we could have for a People’s Constitution for Europe is to seek the essential amendments to the Draft EU Constitution 2004 that would transform it into a People’s Constitution. In furtherance of this strategy, I have suggested radical changes to Articles I-44 and I-46 for discussion, refinement or amendment. And to have the best results, vigorous, critical and thorough assessment of my suggestions is both necessary and desirable.

Participants are free to express their views, ideas and comments in the way they know best

The core of this strategy is to have the sovereign powers of the people retained and exercisable by the people at any time through the citizens’ initiatives, referendums and elections of certain key Union Officials under the suggested Article I-46 and then through the suggested Article I-44, to put Article I-46 and the rest of the Constitution beyond the reach of the Union’s Institutions and Officials so that no amendment to the Constitution could be made without the true consent of the people.

It is to be noted here that through the suggested Article I-46, the door will be open for the People’s Constitution for Europe to evolve eventually into a fully-fledged People’s Constitution truly according to the Will of the people as the Constitution is refined through the use of the citizens’ initiatives. This relieves us of the immediate need for a ‘perfect’ Constitution.

We also have to keep in mind that the more changes we try to made to the Draft EU Constitution 2004 as a whole the more opposition or resistance we shall meet from those who love the Articles we seek to change. We may have to concern ourselves with the critical changes first.

Ultimately, the success of this project depends on the participation of as many people as possible in order to justify the final product as the People's Constitution for Europe. So every reader is urged to contribute his views or concerns to the discussion and to encourage others to do so.

Best Regards
Eric Lim (lpc1998)
New Political System for the Information Age Draft #06 (NPS)

PS1: If there is time left after we have dealt Part I, we could similarly discuss Part II and III as well. However, we may have to deal with certain Articles of Part II and III that are relevant to the discussion of Part I.

PS2: As this is a public discussion, please send your email message, comment or view to: NPSForum@yahoogroups.com

PS3: If there is a problem of whatever nature, please email Eric Lim at lpc1998@lpc1998.com.

Notes

Amendments as per CORRIGENDUM TO COVER NOTE (Page 264/265) is in red

Words no longer needed from the Draft EU Constitution 2004 are retained for reference but deleted and suggested changes are in purple.

Reasons for the suggested amendments

PART I

TITLE I: DEFINITION AND OBJECTIVES OF THE UNION

Article I-1: Establishment of the Union

Reflecting the will of the citizens and States of Europe to build a common future, this Constitution establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the Member States aim to achieve these objectives, and shall exercise ~~in the Community way~~ the competences they confer on it.
The Union shall be open to all European States which respect its values and are committed to promoting them together.

Article I-2: The Union’s values

The Union is founded on the values of respect for human dignity, liberty, 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 ~~and~~ equality between women and men prevail.

Article I-3: The Union’s objectives

The Union’s aim is to promote peace, its values and the well-being of its peoples.
The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, and a single market where competition is free and undistorted.
The Union shall work for 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 with 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.
The Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.
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 protection of human rights and in particular the rights of the child, as well as to strict observance and to development of international law, including respect for the principles of the United Nations Charter.
The Union shall pursue its objectives by appropriate means, depending on the extent to which the relevant competences are conferred upon it in the Constitution.

Article I-4: Fundamental freedoms and non-discrimination

The free movement of persons, services, goods and capital, and freedom of establishment shall be guaranteed within and by the Union, in accordance with the provisions of the Constitution.
In the field of application of the Constitution, and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be prohibited.

Article I-5: Relations between the Union and the Member States

The Union shall respect the equality of Member States before the Constitution as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security.
Pursuant to the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Constitution.
(transferred from Article I-10(2))
The Member States shall take any appropriate measure, general or particular,to ensure fulfilment of the obligations flowing from the Constitution or resulting from the acts of the institutions of the Union.
The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.

Article I-5A: Union law

(transferred from Article I-10(1))
The Constitution, and law adopted by the Union's Institutions in exercising competences conferred on it, shall have primacy over the law of the Member States.

Article I-6: Legal personality

The Union shall have legal personality.

Article I-6A: The symbols of the Union

(transferred from Article IV-1)

The flag of the Union shall be a circle of twelve golden stars on a blue background.
The anthem of the Union shall be based on the Ode to Joy from the Ninth Symphony by Ludwig van Beethoven.
The motto of the Union shall be: United in diversity.
The currency of the Union shall be the euro.
Europe day shall be celebrated on 9 May throughout the Union.

TITLE II: FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION

Article I-7: Fundamental rights

The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights which constitutes Part II.
The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Constitution.
Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.

Article I-8: Citizenship of the Union

Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship; it shall not replace it.
Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Constitution. They shall have:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the Institutions and advisory bodies of the Union in any of the Constitution's languages and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the Constitution and by the measures adopted to give it effect.

TITLE III: UNION COMPETENCES

Article I-9: Fundamental principles

The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States.
Under the principle of subsidiarity, in areas which do not fall within its exclusive competence the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.
The Union Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality. National Parliaments shall ensure compliance with that principle in accordance with the procedure set out in the Protocol.
Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitution.
The Institutions shall apply the principle of proportionality as laid down in the Protocol referred to in paragraph 3.

Article I-10: Union law

(transferred to Articles I-5a and I-5(2))

Article I-11: Categories of competence

When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.
When the Constitution confers on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising, its competence.
The Member States shall coordinate their economic and employment policies within arrangements as determined by Part III, which the Union shall have competence to provide.
The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.
In certain areas and in the conditions laid down in the Constitution, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions in Part III relating to these areas may not entail harmonisation of Member States' laws or regulations.
The scope of and arrangements for exercising the Union’s competences shall be determined by the provisions specific to each area in Part III.

Article I-12: Areas of Exclusive competence

The Union shall have exclusive competence in the following areas:
(a) customs union;
(b) the establishing of the competition rules necessary for the functioning of the internal market;
(c) monetary policy, for the Member States whose currency is the euro,
(d) the conservation of marine biological resources under the common fisheries policy;
(e) common commercial policy.
The Union shall also have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or insofar as its conclusion may affect common rules or alter their scope.

Article I-13: Areas of shared competence

The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles I-12 and I-16.
Shared competence between the Union and the Member States applies in the following principal areas:
(a) internal market,
(b) social policy, for aspects defined in Part III,
(c) economic, social and territorial cohesion,
(d) agriculture and fisheries, excluding the conservation of marine biological resources,
(e) environment,
(f) consumer protection,
(g) transport,
(h) trans-European networks,
(i) energy,
(j) area of freedom, security and justice,
(k) common safety concerns in public health matters, for aspects defined in Part III.
In the areas of research, technological development and space, the Union shall have competence to carry out actions, in particular to define and implement programmes; however, the exercise of that competence may not result in Member States being prevented from exercising theirs.
In the areas of development cooperation and humanitarian aid, the Union shall have competence to take action and conduct a common policy; however, the exercise of that competence may not result in Member States being prevented from exercising theirs.

Article I-14: The coordination of economic and employment policies

The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies.
Specific provisions shall apply to those Member States whose currency is the euro.
The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies.
The Union may take initiatives to ensure coordination of Member States' social policies.

Article I-15: The common foreign and security policy

The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy, which might lead to a common defence.
Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness.

Article I-16: Areas of supporting, coordinating or complementary action

The Union shall have competence to carry out supporting, coordinating or complementary action. Such action shall, at European level, be:

(a) protection and improvement of human health,
(b) industry,
(c) culture,
(c)a tourism,
(d) education, youth, sport and vocational training,
(e) civil protection,
(f) administrative cooperation.

Article I-17: Flexibility clause

If action by the Union should prove necessary, within the framework of the policies defined in Part III, to attain one of the objectives set by the Constitution, and the Constitution has not provided the necessary powers, the Council of Ministers, acting unanimously on a proposal from the European Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures.
Using the procedure for monitoring the subsidiarity principle referred to in Article I-9(3), the European Commission shall draw Member States' national Parliaments' attention to proposals based on this Article.
Measures based on this Article may not entail harmonisation of Member States' laws or regulations in cases where the Constitution excludes such harmonisation.

TITLE IV: THE UNION’S INSTITUTIONS AND BODIES

Chapter I – The institutional framework

Article I-18: The Union’s Institutions

The Union shall be served by an institutional framework which shall aim to:
- promote its values,
- advance its objectives,
- serve its interests, those of its citizens and those of the Member States,
- ensure the consistency, effectiveness and continuity of its policies and actions.
This institutional framework comprises:
The European Parliament,
The European Council,
The Council of Ministers (hereinafter "Council"),
The European Commission (hereinafter "Commission"),
The Court of Justice of the European Union.
Each Institution shall act within the limits of the powers conferred on it in the Constitution, and in conformity with the procedures and conditions set out in it. The Institutions shall practise full mutual cooperation.

Article I-19: The European Parliament

The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Constitution. It shall elect the President of the Commission.
The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a European decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.
2a. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
The European Parliament shall elect its President and its officers from among its members.

Article I-20: The European Council

The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.
2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The Union Minister for Foreign Affairs shall take part in its work.
3. The European Council shall meet quarterly, convened by its President. When the agenda so requires, the members of the European Council may decide to be assisted by a minister and, in the case of the President of the Commission, a European Commissioner. When the situation so requires, the President shall convene a special meeting of the European Council.
Except where the Constitution provides otherwise, decisions of the European Council shall be taken by consensus.

Article I-21: The European Council Chair

The European Council shall elect its President, by qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end his or her mandate according to the same procedure.
The President of the European Council:
(a) shall chair it and drive forward its work,
(b) shall ensure its preparation and continuity in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council,
(c) shall endeavour to facilitate cohesion and consensus within the European Council,
(d) shall present a report to the European Parliament after each of the meetings of the European Council.
The President of the European Council shall at his or her level and in that capacity ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the Union Minister for Foreign Affairs.
The President of the European Council may not hold a national mandate.

Article I-22: The Council of Ministers

The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Constitution.
The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.
Except where the Constitution provides otherwise, decisions of the Council shall be taken by qualified majority.

Article I-23: Configurations of the Council of Ministers

The Council shall meet in different configurations.
The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission.
The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council, and ensure that the Union's action is consistent.
The European Council shall adopt by a qualified majority a European decision establishing the list of other Council configurations.
4a. A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for the preparation of the work of the Council.
The Council shall meet in public when it deliberates and votes on a draft legislative act. To this end, each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.
The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by Member State representatives the Council on the basis of equal rotation, in accordance with the conditions established by a European decision of the European Council. The European Council shall act by a qualified majority.

Article I-24: Qualified majority

A qualified majority shall be defined as at least 55% of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65% of the population of the Union.
A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained.
By derogation from paragraph 1, when the Council is not acting on a proposal from the Commission or from the Union Minister for Foreign Affairs, the qualified majority shall be defined as at least 72% of the members of the Council, representing Member States comprising at least 65% of the population of the Union.
2a. Paragraphs 1 and 2 shall apply to the European Council when it is acting by a qualified majority.
(Paragraph 3 is transferred to Article 2(1) of the Protocol on transitional provisions; paragraph 4 is transferred to Article IV-7a)
Within the European Council, its President and the President of the Commission do not vote.

Article I-25: The European Commission

The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Constitution, and measures adopted by the Institutions under the Constitution. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Constitution. With the exception of the common foreign and security policy, and other cases provided for in the Constitution, it shall ensure the Union's external representation. It shall initiate the Union's annual and multiannual programming with a view to achieving interinstitutional agreements.
Union legislative acts may be adopted only on the basis of a Commission proposal, except where the Constitution provides otherwise. Other acts shall be adopted on the basis of a ~~Commission~~ proposal where the Constitution so provides.
The Commission's term of office shall be five years.
The Members of the Commission shall be chosen on the ground of their general competence and European commitment and their independence shall be beyond doubt.
The first Commission appointed under the provisions of the Constitution shall consist of one national of each Member State, including its President and the Union Minister for Foreign Affairs who shall be one of its Vice-Presidents.
As from the end of the term of office of the Commission referred to in paragraph 5, the Commission shall consist of a number of Members, including its President and the Union Minister for Foreign Affairs, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this figure.
They shall be selected among the nationals of the Member States on the basis of a system of equal rotation between the Member States. This system shall be established by a European decision adopted unanimously by the European Council on the basis of the following principles:
(a) Member States shall be treated on a strictly equal footing as regards determination of the sequence of, and the time spent by, their nationals as Members of the Commission; consequently, the difference between the total number of terms of office held by nationals of any given pair of Member States may never be more than one;
(b) subject to point (a), each successive Commission shall be so composed as to reflect satisfactorily the demographic and geographical range of all the Member States of the Union.
In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article I-27(2), the Members of the Commission shall neither seek nor take instructions from any government or other institution, body, office or agency. They shall refrain from any action incompatible with their duties or the performance of their tasks.
The Commission, as a body, shall be responsible to the European Parliament. Under the procedures set out in Article III-243, the European Parliament may vote on a censure motion on the Commission. If such a motion is carried, the Members of the Commission shall resign as a body and the Union Minister for Foreign Affairs shall resign from the Commission.

Article I-26: The President of the European Commission

Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, deciding by a qualified majority, shall put propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its members. If he or she does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.
The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it intends to appoint as Members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in Article I- 25(4) and (6) second subparagraph.
The President, the Union Minister for Foreign Affairs and the other Members of the Commission shall be subject as a body to a vote of approval by the European Parliament. On the basis of this approval the Commission shall be appointed by the European Council, acting by a qualified majority.
The President of the Commission shall:
(a) lay down guidelines within which the Commission is to work;
(b) decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;
(c) appoint Vice-Presidents, other than the Union Minister for Foreign Affairs, from among the members of the Commission.
A Member of the Commission shall resign if the President so requests. The Union Minister for Foreign Affairs shall resign, in accordance with the procedure set out in Article I-27(1), if the President so requests.

Article I-27: The Union Minister for Foreign Affairs

The European Council, acting by qualified majority, with the agreement of the President of the Commission, shall appoint the Union Minister for Foreign Affairs. The European Council may end his or her term of office by the same procedure.
The Union Minister for Foreign Affairs shall conduct the Union's common foreign and security policy. He or she shall contribute by his or her proposals to the development of that policy, which he or she shall carry out as mandated by the Council. The same shall apply to the common security and defence policy.
The Union Minister for Foreign Affairs shall preside over the Foreign Affairs Council.
The Union Minister for Foreign Affairs shall be one of the Vice-Presidents of the Commission. He or she shall ensure the consistency of the Union's external action. He or she shall be responsible within the Commission for responsibilities falling to it in external relations and for coordinating other aspects of the Union's external action. In exercising these responsibilities within the Commission, and only for these responsibilities, the Union Minister for Foreign Affairs shall be bound by Commission procedures to the extent that this is consistent with paragraphs 2 and 3.

Article I-28: The Court of Justice of the European Union

The Court of Justice of the European Union shall include the Court of Justice, the High Court and specialised courts. It shall ensure respect for the law in the interpretation and application of the Constitution.
Member States shall provide rights of appeal sufficient to ensure effective legal protection in the fields covered by Union law.
2. The Court of Justice shall consist of one judge from each Member State. It shall be assisted by Advocates-General.
The High Court shall include at least one judge per Member State.
The judges and the Advocates-General of the Court of Justice and the judges of the High Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles III-260 and III-261. They shall be appointed by common accord of the governments of the Member States for six years. Retiring judges and Advocates-General may be reappointed.
3. The Court of Justice of the European Union shall in accordance with the provisions of Part III:
(a) rule on actions brought by a Member State, an Institution or a natural or legal person;
(b) give preliminary rulings, at the request of Member State courts, on the interpretation of Union law or the validity of acts adopted by the Institutions;
(c) rule in other cases provided for in the Constitution.

Chapter II – The other Union Institutions and bodies

Article I-29: The European Central Bank

The European Central Bank, together with the national central banks, shall constitute the European System of Central Banks. The European Central Bank, together with the national central banks of the Member States whose currency is the euro, which constitute the Eurosystem, shall conduct the monetary policy of the Union.
The European System of Central Banks shall be governed by the decision-making bodies of the European Central Bank. The primary objective of the European System of Central Banks shall be to maintain price stability. Without prejudice to that objective, it shall support general economic policies in the Union in order to contribute to the achievement of the Union's objectives. It shall conduct other Central Bank tasks in accordance with Part III and the Statute of the European System of Central Banks and the European Central Bank.
The European Central Bank is an Institution, which shall have legal personality. It alone may authorise the issue of the euro. It shall be independent in the exercise of its powers and in the management of its finances. Union Institutions, bodies, offices and agencies and the governments of the Member States shall respect that independence.
The European Central Bank shall adopt such measures as are necessary to carry out its tasks in accordance with Articles III-77 to III-83 and Article III-90, and with the conditions laid down in the Statutes of the European System of Central Banks and of the European Central Bank. In accordance with these same articles, those Member States whose currency is not the euro, and their central banks, shall retain their powers in monetary matters.
Within the areas falling within its responsibilities, the European Central Bank shall be consulted on all proposed Union acts, and all proposals for regulation at national level, and may give an opinion.
The decision-making organs of the European Central Bank, their composition and operating methods are set out in Articles III-84 to III-87, as well as in the Statute of the European System of Central Banks and of the European Central Bank.

Article I-30: The Court of Auditors

The Court of Auditors is an Institution. It shall carry out the Union's audit.
It shall examine the accounts of all Union income and expenditure, and shall ensure good financial management.
It shall consist of one national of each Member State. In the performance of their duties, its members shall be completely independent in the Union's general interest.

Article I-31: The Union’s advisory bodies

The European Parliament, the Council and the Commission shall be assisted by a Committee of the Regions and an Economic and Social Committee, exercising advisory functions.
The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.
The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of others representative of civil society, notably in socio-economic, civic, professional and cultural areas.
The members of the Committee of the Regions and the Economic and Social Committee shall not be bound by any mandatory instructions. They shall be completely independent, in the performance of their duties, in the Union's general interest.
Rules governing the composition of these Committees, the designation of their members, their powers and their operations, are set out in Articles III-292 to III-298.
The rules referred to in paragraphs 2 and 3 governing the nature of their composition shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt European decisions to that end.

TITLE V: EXERCISE OF UNION COMPETENCE

Chapter I – Common provisions

Article I-32: The legal acts of the Union

To exercise the Union's competences the Institutions shall use as legal instruments, in accordance with the provisions of Part III, European laws, European framework laws, European regulations, European decisions, recommendations and opinions.
A European law shall be a legislative act of general application. It shall be binding in its entirety and directly applicable in all Member States.
A European framework law shall be a legislative act binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A European regulation shall be a non-legislative act of general application for the implementation of legislative acts and of certain specific provisions of the Constitution. It may either be binding in its entirety and directly applicable in all Member States, or be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A European decision shall be a non-legislative act, binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.
Recommendations and opinions shall have no binding force.
When considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant procedure in the area in question.

Article I-33: Legislative acts

European laws and European framework laws shall be adopted, on the basis of proposals from the Commission, jointly by the European Parliament and the Council under the ordinary legislative procedure as set out in Article III-302. If the two Institutions cannot reach agreement on an act, it shall not be adopted.
In the specific cases provided for by the Constitution, European laws and European framework laws shall be adopted by the European Parliament with the participation of the Council, or by the latter with the participation of the European Parliament, in accordance with special legislative procedures.
In the specific cases provided for in the Constitution, European laws and European framework laws may be adopted at the initiative of a group of Member States or of the European Parliament, on a recommendation from the European Central Bank or at the request of the Court of Justice of the European Union or the European Investment Bank.

Article I-34: Non-legislative acts

The European Council shall adopt European decisions in the cases provided for in the Constitution.

The Council and the Commission, in particular in the cases referred to in Articles I–35 and I-36, and the European Central Bank in the specific cases provided for in the Constitution, shall adopt European regulations and European decisions.

The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Constitution provides that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Constitution, shall adopt recommendations.

Article I-35: Delegated European regulations

European laws and European framework laws may delegate to the Commission the power to adopt delegated European regulations to supplement or amend certain non-essential elements of the law or framework law.
The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the European laws and framework laws. The essential elements of an area shall be reserved for the law or framework law and accordingly may not be the subject of a delegation of power.
The conditions of application to which the delegation is subject shall be explicitly determined in the European laws and framework laws, which may be as follows:
(a) the European Parliament or the Council may decide to revoke the delegation;
(b) the delegated European regulation may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the European law or framework law.
For the purposes of (a) and (b), the European Parliament shall act by a majority of its members, and the Council by a qualified majority.

Article I-36: Implementing acts

Member States shall adopt all measures of national law necessary to implement legally binding Union acts.
Where uniform conditions for implementing legally binding Union acts are needed, those acts shall confer implementing powers on the Commission, or, in specific cases duly justified and in the cases provided for in Article I-39, on the Council.
European laws shall lay down in advance the rules and general principles for mechanisms for control by Member States of the Commission's exercise of implementing powers.
Union implementing acts shall take the form of European implementing regulations or European implementing decisions.

Article I-37: Principles common to the Union’s legal acts

Where the Constitution does not specify the type of act to be adopted, the Institutions shall select it on a case-by-case basis, in compliance with the procedures applying and with the principle of proportionality set out in Article I-9.
Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Constitution.

Article I-38: Publication and entry into force

European laws and framework laws adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and by the President of the Council.
In other cases they shall be signed by the President of the Institution which adopted them.
European laws and framework laws shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence of such a stated date, on the twentieth day following their publication.
European regulations and European decisions which do not specify to whom they are addressed shall be signed by the President of the Institution which adopted them.
Where European regulations and European decisions do not specify to whom they are addressed, they shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence of such a stated date, on the twentieth day following their publication.
European decisions other than those referred to in paragraph 2 shall be notified to those to whom they are addressed and shall take effect upon such notification.

Chapter II – Specific provisions

Article I-39: Specific provisions relating to the common foreign and security policy

The European Union shall conduct a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions.
The European Council shall identify the Union's strategic interests and determine the objectives of its common foreign and security policy. The Council shall frame this policy within the framework of the strategic guidelines established by the European Council and in accordance with the arrangements in Part III.
The European Council and the Council shall adopt the necessary European decisions.
The common foreign and security policy shall be put into effect by the Union Minister for Foreign Affairs and by the Member States, using national and Union resources.
Member States shall consult one another within the European Council and the Council on any foreign and security policy issue which is of general interest in order to determine a common approach. Before undertaking any action on the international scene or any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.
The European Parliament shall be regularly consulted on the main aspects and basic choices of the common foreign and security policy. It shall be kept informed of how it evolves.
European decisions relating to the common foreign and security policy shall be adopted by the European Council and the Council unanimously, except in the cases referred to in Part III. The European Council and the Council shall act on an initiative from a Member State, on a proposal from the Union Minister for Foreign Affairs or on a proposal from that Minister with the Commission's support. European laws and framework laws shall be excluded.
The European Council may, unanimously, adopt a European decision providing that the Council should act by qualified majority in cases other than those referred to in Part III.

Article I-40: Specific provisions relating to the common security and defence policy

The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on assets civil and military. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.
The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.
The policy of the Union in accordance with this Article shall not prejudice the specific character of the security and defence policy of certain Member States, it shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation, under the North Atlantic Treaty, and be compatible with the common security and defence policy established within that framework.
Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.
Member States shall undertake progressively to improve their military capabilities. A European Armaments, Research and Military Capabilities Agency shall be established to identify operational requirements, to promote measures to satisfy those requirements, to contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, to participate in defining a European capabilities and armaments policy, and to assist the Council in evaluating the improvement of military capabilities.
European decisions on the implementation of the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the Union Minister for Foreign Affairs or an initiative from a Member State. The Union Minister for Foreign Affairs may propose the use of both national resources and Union instruments, together with the Commission where appropriate.
The Council may entrust the execution of a task, within the Union framework, to a group of Member States in order to protect the Union's values and serve its interests. The execution of such a task shall be governed by Article III-211.
Those Member States whose military capabilities fulfil higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the Union framework. Such cooperation shall be governed by the provisions of Article III-213. It shall not affect the provisions of Article III-210.
If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.
Commitments and cooperation in this area shall be consistent with commitments under NATO, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation.
The European Parliament shall be regularly consulted on the main aspects and basic choices of the common security and defence policy. It shall be kept informed of how it evolves.

Article I-41: Specific provisions relating to the area of freedom, security and justice

The Union shall constitute an area of freedom, security and justice:
(a) by adopting European laws and framework laws intended, where necessary, to approximate national laws in the areas listed in Part III;
(b) by promoting mutual confidence between the competent authorities of the Member States, in particular on the basis of mutual recognition of judicial and extrajudicial decisions;
(c) by operational cooperation between the competent authorities of the Member States, including the police, customs and other services specialising in the prevention and detection of criminal offences.
National parliaments may, within the framework of the area of freedom, security and justice, participate in the evaluation mechanisms foreseen in Article III-161. They shall be involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles III-177 and III-174.
Member States shall have a right of initiative in the field of police and judicial cooperation in criminal matters, in accordance with Article III-165.

Article I-42: Solidarity clause

The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the victim of terrorist attack or natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) – prevent the terrorist threat in the territory of the Member States;
– protect democratic institutions and the civilian population from any terrorist attack;
– assist a Member State in its territory at the request of its political authorities in the event of a terrorist attack;
(b) – assist a Member State in its territory at the request of its political authorities in the event of a natural or man-made disaster.
The detailed arrangements for implementing this Article are at Article III-231.

Chapter III – Enhanced cooperation

Article I-43: Enhanced cooperation

Member States which wish to establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences may make use of its Institutions and exercise those competences by applying the relevant provisions of the Constitution, subject to the limits and in accordance with the procedures laid down in this Article and in Articles III-322 to III-329.
Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. Such cooperation shall be open at any time to all Member States, in accordance with Article III-324.
The European decision authorising enhanced cooperation shall be adopted by the Council as a last resort, when it has established that the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole, and provided that at least one third of the Member States participate in it. The Council shall act in accordance with the procedure laid down in Article III-325.
All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote.
Unanimity shall be constituted by the votes of the representatives of the participating Member States only.
A qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
By derogation from the third and fourth subparagraphs, where the Council does not act on a Commission proposal or on a proposal from the Union Minister for Foreign Affairs, the required qualified majority shall be defined as at least 72% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
Acts adopted in the framework of enhanced cooperation shall bind only participating States. They shall not be regarded as an acquis which has to be accepted by candidates for accession to the Union.

TITLE VI: THE DEMOCRATIC LIFE OF THE UNION

Article I-44: The principle of ~~democratic equality~~ true democracy

The people are sovereign, having the highest level of authority in the Union.
This Constitution is the Will of the People, meaning only the people themselves could amend this Constitution through a citizens' initiative or referendum.
The people may exercise the citizens' initiatve at any time in respect of any issue in accordance with Article I-46.
Without limiting the generality of Clause 3 above, the people may, through a citizens' initiative, remove any public official (including the President of any Union's Institution) whether elected or appointed, from office at any time.
The fundamental freedoms, rights and liberty of the EU citizens shall be spelt out in the Constitution.
In the event of inconsistency between this Article and any other Article of this Constitution, this Article shall have primacy over the other Article.
In all its activities, the Union shall observe the principle of the equality of citizens. All shall receive equal attention from its Institutions, bodies, offices and agencies.

Article I-45: The principle of representative democracy

The working of the Union shall be founded on representative democracy.
Citizens are directly represented at Union level in the European Parliament.
Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national parliaments, or to their citizens.
Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly as possible and as closely as possible to the citizen.
Political parties at European level contribute to forming European political awareness and to expressing the will of Union citizens.

Article I-46: The principle of participatory democracy

The Institutions shall, by appropriate means, ~~give citizens and representative associations the opportunity to~~ make known and publicly exchange ~~their~~ the views of citizens and representative associations in all areas of Union action.
The Institutions shall maintain an open, transparent and regular dialogue with any interested citizen, representative associations and civil society.
The Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.
Not less than one million citizens coming from a significant number of Member States may take the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. A European law shall determine the provisions for the procedures and conditions required for such a citizens' initiative, including the minimum number of Member States from which they must come.
[For reference, the 2003 version: No less than one million citizens coming from a significant number of Member States may invite the Commission to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. A European law shall determine the provisions for the specific procedures and conditions required for such a citizens’ initiative].
Notwithstanding any other provision of this Constitution, any issue or law that has been adopted by the qualified voters in a citizens’ initiative or referendum shall have primacy over any other law.

European Election Commissioner
The European Parliament shall appoint the first European Election Commissioner for a term of five (5) years.
Thereafter, subsequent European Election Commissioners shall be directly elected by the people for a term of five (5) years. The European Election Commissioner shall be eligible for re-election, provided that he has not been a European Election Commissioner for an aggregate of more than ten (10) years as at the date of announcement of the election for the European Election Commissioner.
The European Election Commissioner 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 body.
The European Election Commissioner may not, during his or her term of office, engage in any other occupation, whether gainful or not.
Subject to the provisions of this Article, a European law proposed by the European Parliament and adopted by the people through a citizens' initiative shall lay down the regulations and general conditions governing the performance of the European Election Commissioner's duties.
The office of the European Election Commissioner shall be known as the Election Commission.

Election Commission
The Election Commission shall be responsible for organizing free, fair, secure and efficient citizens' initiatives, referendums and elections. The electoral, referendum and citizens' initiatives processes could be updated, modernized and improved with the advances already made in the Information Age.
The ballot is secret.
The Election Commission shall provide all qualified voters with their login, endorsement and voting passwords.
Any voter who has a problem in his access to the Election Commission website, in the candidate, issue or proposal endorsement function or who has any other problem should contact the Election Commission immediately with the view of sorting out such a problem. It is also the voters’ responsibility to ensure the confidentiality of their login and endorsement passwords.
The Election Commission shall also be responsible for voter education for raising political awareness and participation by the people.
No person who shall not have attained the age of twenty-one (21) and been three (3) years a citizen of the Union as at the date of announcement of the citizens' initiative, referendum or election of Union Officials shall vote in the citizens' initiative, referendum or election respectively.
All ballot boxes shall be sealed as soon as practical after the election ends and securely kept by the Election Commission for 6 months in case of allegation of cheating or other complaints and thereafter all the ballot papers shall be destroyed according to the election rules and regulations.
The printed ballot papers may carry a serial number for the purpose of auditing in the event of a complaint, but the writing or recording of the voter number or any other particular of the voter on the counterfoil of the ballot paper that could lead to the identification of the voter shall be prohibited.

Qualified Voters
All persons who are not disqualified by the Constitution and whose names are listed in the Register of Voters kept by the Election Commision as at the 20th day following the election, referendum or citizens’ initiative announcement shall be eligible to vote in the election, referendum or citizens’ initiative ('qualified voters').
Notwithstanding any other provision of this Constitution, a citizens' initiative or referendum shall be null and void, if the number of qualified voters who participate in it is not more 50% of the total number of the qualified voters.

Citizens’ Initiative
The following procedures shall be adopted for the citizens’ initiative :
1. All qualified voters shall, at any time, be entitled to propose any issue for a citizens’ initiative.
2. The Election Commission shall provide online facilities for any qualified voter to make such a proposal.
3. Subject to the provisions of this Article, a citizens' initiative announcement shall be made within thirty (30) days for any issue that is shown to have the support of not less than one million qualified voters ('proposed issue').
4. It is the voters’ responsibility to test and ensure that the login and issue endorsement and voting passwords are working properly once the Election Commission announces publicly that a citizens’ initiative would be held soon ('the citizens’ initiative announcement').
5. Following the citizens’ initiative announcement, the Election Commission shall post all the proposed issues for the citizens’ initiative on its website for the voters' endorsement.
6. Each voter may endorse more than one proposed issues for the citizens’ initiative.
7. All issue endorsements for the citizens’ initiative shall cease on the 10th day following the citizens’ initiative announcement.
8. Not later than the 13th day following the citizens’ initiative announcement, the Election Commission shall finalize a list of proposed issues which have obtained endorsements of not less than 25% of the qualified voters ('endorsed issues'). If there were no endorsed issue on that day, then the citizens' initiative process for the foregoing proposed issues shall come to an end.
9. Any proposed issue which has obtained voters' endorsements of less than 25% of the qualified voters shall cease to be eligible for the citizens’ initiative ('failed issue') and shall not, for the next 12 months, be proposed again for another citizens’ initiative unless the issue is shown to have the support of not less than twice the number of qualified voters as at the date of the subsequent proposal than that of the proposal of the failed issue.
10. On the 30th day following the citizens’ initiative announcement (the citizens’ initiative day), the voters shall go to the polling stations to key in their votes for the endorsed issues they support and then have their list of such issues printed out and the hard copy of each voter shall be deposited by him or her personally whenever possible into a ballot box provided at the polling station.
11. The issues which have obtained more than 50% of the valid votes cast shall be declared adopted.
12. If there were two or more conflicting issues which have obtained more than 50% of the valid votes cast in the same citizens’ initiative, then the issue which has obtained the greatest number of the valid votes cast shall prevail.
13. If there were two or more conflicting issues which have obtained more than 50% of the valid votes cast in the same citizens’ initiative and more than one issues have obtained the same greatest number of the valid votes cast, then the issue which has the vote of the President of the European Council shall prevail.
14. If there were two or more conflicting issues which have obtained more than 50% of the valid votes cast in different citizens’ initiatives, then the issue which is adopted by the voters in the later or latest citizens’ initiative as the case may be shall prevail.
15. The issues which have obtained less than 50% of the valid votes cast shall not be eligible for another citizens’ initiative for the next 12 months unless the Ombudsman sanctions such a citizens' initiative.
Referendum
The following procedures shall be adopted for the referendum:
1. All qualified voters shall, at any time, be entitled to propose any legislation for a referendum.
2. The Election Commission shall provide online facilities for any qualified voter to make such a proposal.
3. Subject to the provisions of this Article, a referendum announcement shall be made within thirty (30) days for any proposal that is shown to have the support of not less than one million qualified voters ('supported proposal').
4. It is the voters’ responsibility to test and ensure that the login and proposal endorsement and voting passwords are working properly once the Election Commission announces publicly that a referendum would be held soon ('the referendum announcement').
5. Following the referendum announcement, the Election Commission shall post all the supported proposals for the referendum on its website for the voters' endorsement.
6. Each voter may endorse more than one supported proposals for the referendum.
7. All supported proposal endorsements for the referendum shall cease on the 10th day following the referendum announcement.
8. Not later than the 13th day following the referendum announcement, the Election Commission shall finalize a list of supported proposals which have obtained endorsements of not less than 25% of the qualified voters ('endorsed proposals'). If there were no endorsed proposal on that day, then the referendum process for the foregoing supported proposals shall come to an end.
9. Any supported proposal which has obtained voters' endorsements of less than 25% of the qualified voters shall cease to be eligible for the referendum ('failed proposal') and shall not, for the next 12 months, be proposed again for another referendum unless the proposal is shown to have the support of not less than twice the number of qualified voters as at the date of the subsequent proposal than that of the failed proposal.
10. Notwithstanding any provision to the contrary, any referendum called or proposed by any Union's Institution shall not require any voters' endorsement and such referendum shall be carried out on the 30th day following the referendum announcement (the referendum day).
11. On the referendum day, the voters shall go to the polling stations to key in their votes for the endorsed proposals they support and then have their list of such proposals printed out and the hard copy of each voter shall be deposited by him or her personally whenever possible into a ballot box provided at the polling station.
12. The proposals which have obtained more than 50% of the valid votes cast shall be declared adopted.
13. If there were two or more conflicting proposals which have obtained more than 50% of the valid votes cast in the same referendum, then the proposal which has obtained the greatest number of the valid votes cast shall prevail.
14. If there were two or more conflicting proposals which have obtained more than 50% of the valid votes cast in the same referendum and more than one proposals have obtained the same greatest number of the valid votes cast, then the proposal which has the vote of the President of the European Council shall prevail.
15. If there were two or more conflicting proposals which have obtained more than 50% of the valid votes cast in different referendums, then the proposal which is adopted by the voters in the later or latest referendum as the case may be shall prevail.
16. The proposals which have obtained less than 50% of the valid votes cast shall not be eligible for another referendum for the next 12 months unless the Ombudsman sanctions such a referendum.
Election of Union Officials
The following procedures shall be adopted for the election of Union Officials who are persons required by this Constitution to be directly elected by the people:
1. It is the voters’ responsibility to test and ensure that the login, candidate endorsement and voting passwords are working properly once the Election Commission announces publicly that an election would be held soon ('the election announcement').
2. Following the election announcement, all Union citizens who are interested to be a candidate shall send in their application in a prescribed online form for the election. Other persons who are nominating a candidate shall confirm in their prescribed online nomination form that they have the written consent of the candidate they are nominating and shall forward the aforesaid written consent to the Election Commission by the 15th day following the election announcement.
3. The Election Commission, after verifying the application or the nomination of a prospective candidate, shall, on a first-come-first-serve basis for the purpose of the voters’ endorsement, post his photo together with the relevant personal particulars on its website with a hyperlink to the candidate’s website where the voters can find out more information about the candidate and his election programmes.
4. Application and nomination of candidates for the election shall cease on the 10th day following the election announcement.
5. All voter endorsements for the candidates for the election shall cease on the 20th day following the election announcement.
6. Each voter may endorse more than one candidates in order of choice, but not exceeding 21 candidates and only one endorsement for each candidate.
7. Not later than the 23th day following the election announcement, the Election Commission shall finalize a list of 21 candidates who have obtained the most 1st to 21st choice endorsements for the election or such lesser number of candidates that are available.
8. In the event there are more than one candidates who obtain the same total of the 1st to 21st choice endorsements which would immediately render the aforesaid list to exceed 21 candidates, all such candidates shall be eligible for the election together with those who have obtained more 1st to 21th choice endorsements than they. So the list at this point of time would contain more than 21 eligible candidates, with the extra candidates over 21 as the result of the tie. All other candidates who have obtained a total of the 1st to 21th choice endorsements less than this last group of candidates shall not eligible for the election.
9. To this list of 21 or more candidates shall be added all other persons who have obtained not less than 10% of the total of the 1st to 3rd choice endorsements of the voters.
10. In addition to the aforesaid candidates, the Election Commission shall propose 3 candidates of its choice for the election.
11. If the total number of valid candidates is still less than 24 as at the 24th day following the election announcement, the Election Commission shall then propose such additional number of candidates to make up to a total of 24 candidates for the election.
12. The Election Commission shall then post the final list of candidates for the Union Official election on its website.
13. On the 40th day following the election announcement (the election day), the voters shall go to the polling stations to key in their votes for the candidates in order of choice and then have their lists of chosen candidates printed out and the hard copy of each voter shall be deposited by him or her personally whenever possible into a ballot box provided at the polling station.
14. The candidate who has won more than 50% of the first choice valid votes cast shall be the Union Official-elect.
15. In the event when there is no candidate who has won more than 50% of the first choice valid vote cast in the first ballot, there shall be a second ballot and only the top twelve (12) candidates with the greatest number of 1st to 12th choice valid votes cast in the first ballot shall be eligible for the balloting. The candidate who has won more than 50% of the first choice valid votes cast in this second ballot shall be the Union Official-elect.
16. In the event when there is no candidate who has won more than 50% of the first choice valid vote cast in the second ballot, there shall be a third ballot and only the top seven (7) candidates with the greatest number of 1st to 7th choice valid votes cast in the second ballot shall be eligible for the balloting. The candidate who has won more than 50% of the first choice valid votes cast in this third ballot shall be the Union Official-elect.
17. In the event when there is no candidate who has won more than 50% of the first choice valid vote cast in the third ballot, there shall be a fourth ballot and only the top five (5) candidates with the greatest number of 1st to 5th choice valid votes cast in the third ballot shall be eligible for the balloting. The candidate who has won more than 50% of the first choice valid votes cast in this fourth ballot shall be the Union Official-elect.
18. In the event when there is no candidate who has won more than 50% of the first choice valid vote cast in the fourth ballot, there shall be a fifth ballot and only the top three (3) candidates with the greatest number of 1st to 3rd choice valid votes cast in the fourth ballot shall be eligible for the balloting. The candidate who has won more than 50% of the first choice valid votes cast in this fifth ballot shall be the Union Official-elect.
19. In the event when there is no candidate who has won more than 50% of the first choice valid vote cast in the fifth ballot, there shall be a sixth and final ballot and only the top two (2) candidates with the greatest number of 1st to 2nd choice valid votes cast in the fifth ballot shall be eligible for the balloting. The candidate who has won more than 50% of the first choice valid votes cast in this sixth ballot shall be the Union Official-elect.
20. In the event of a tie of the first choice valid vote cast in the sixth ballot, the President of the European Council shall have the casting vote. The candidate who has the vote of the President of the European Council shall be the Union Official-elect.
For those who are unable to key in their votes, staff from the Election Commission who are sworn to secrecy may help out confidentially in full view of the voter concerned, but the voter himself or herself, save for exceptional circumstances, shall complete the voting process after verifying his voting choices and deposit the signed hard copy into the ballot box.
Further refinements for voters with special needs such as those who are visually handicapped can be looked into by the Election Commission where possible and feasible.

Article I-47: The social partners and autonomous social dialogue

The European Union recognises and promotes the role of the social partners at Union level, taking into account the diversity of national systems; it shall facilitate dialogue between the social partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue.

Article I-48: The European Ombudsman

A European Ombudsman elected by the European Parliament 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.

Article I-49: Transparency of the proceedings of Union Institutions, bodies, offices and agencies

In order to promote good governance and ensure the participation of civil society, the Union Institutions, bodies, offices and agencies shall conduct their work as openly as possible.
The European Parliament shall meet in public, as shall the Council when considering and voting on a draft legislative act.
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State shall have, under the conditions laid down in Part III, a right of access to documents of the Union Institutions, bodies, offices and agencies, whatever their medium.
A European law shall lay down the general principles and limits which, on grounds of public or private interest, govern the right of access to such documents.
Each Institution, body, office or agency shall determine in its own rules of procedure specific provisions regarding access to its documents, in accordance with the European law referred to in paragraph 3.

Article I-50: Protection of personal data

Everyone has the right to the protection of personal data concerning him or her.
A European law or framework law shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union Institutions, bodies, offices and agencies, and by the Member States when carrying out activities which come under the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

Article I-51: Status of churches and non-confessional organisations

The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.
The Union equally respects the status under national law of philosophical and non-confessional organisations.
Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.

TITLE VII: THE UNION’S FINANCES

Article I-52: Budgetary and financial principles

All items of Union revenue and expenditure shall be included in estimates drawn up for each financial year and shall be shown in the budget, in accordance with the provisions of Part III.
2. The revenue and expenditure shown in the budget shall be in balance.
3. The expenditure shown in the budget shall be authorised for the annual budgetary period in accordance with the European law referred to in Article III-318.
4. The implementation of expenditure shown in the budget shall require the prior adoption of a binding legal Union act providing a legal basis for its action and for the implementation of the corresponding expenditure in accordance with the European law referred to in Article III-318, except in cases for which that law provides.
5. With a view to maintaining budgetary discipline, the Union shall not adopt any act which is likely to have appreciable implications for the budget without providing an assurance that the expenditure arising from these acts is capable of being financed within the limit of the Union's own resources and in compliance with the multiannual financial framework referred to in Article I-54.
6. The Union's budget shall be implemented in accordance with the principle of sound financial management. Member States shall cooperate with the Union to ensure that the appropriations entered in the budget are used in accordance with this principle.
7. The Union and the Member States, in accordance with Article III–321, shall counter fraud and any other illegal activities affecting the financial interests of the Union.

Article I-53: The Union's own resources

The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
Without prejudice to other revenue, the Union's budget shall be financed wholly from its own resources.
A European law of the Council shall lay down the provisions relating to the system of own resources of the Union; in this context it may establish new categories of own resources or abolish an existing category. The Council shall act unanimously after consulting the European Parliament. That law shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
A European law of the Council shall lay down implementing measures of the Union's own resources system in so far as this is provided for in the law adopted on the basis of paragraph 3. The Council shall act after obtaining the consent of the European Parliament.

Article 54: The multiannual financial framework

The multiannual financial framework shall ensure that Union expenditure develops in an orderly manner and within the limits of its own resources. It shall determine the amounts of the annual ceilings of appropriations for commitments by category of expenditure in accordance with Article III-308.
2. A European law of the Council shall lay down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
3. The annual budget of the Union shall comply with the multiannual financial framework.
4. The European Council may adopt, by unanimity, a European decision allowing for the Council to act by qualified majority when adopting the European law of the Council referred to in paragraph 2.

Article I-55: The Union’s budget

A European law shall establish the Union's annual budget in accordance with the arrangements laid down in Article III-310.

TITLE VIII: THE UNION AND ITS IMMEDIATE ENVIRONMENT

Article I-56: The Union and its immediate environment

The Union shall develop a special relationship with neighbouring States, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.
For this purpose, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.

TITLE IX: UNION MEMBERSHIP

Article I-57: Conditions of eligibility and procedure for accession to the Union

The Union shall be open to all European States which respect the values referred to in Article I–2, and are committed to promoting them together.
Any European State which wishes to become a member of the Union shall address its application to the Council. The European Parliament and the Member States' national Parliaments shall be notified of this application. The Council shall act unanimously after consulting the Commission and after obtaining the consent of the European Parliament, which shall act by a majority of its component members. 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 58: Suspension of certain rights resulting from Union membership

On the reasoned initiative of one third of the Member States or of the European Parliament or on a proposal from the Commission, the Council may adopt a European decision determining that there is a clear risk of a serious breach by a Member State of the values mentioned in Article I-2.The Council shall act by a majority of four fifths of its members after obtaining the consent of the European Parliament.
Before making such a determination, the Council shall hear the Member State in question and, acting in accordance with the same procedure, may address recommendations to that State.
The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
The European Council, on the initiative of one third of the Member States or on a proposal from the Commission, may adopt a European decision determining the existence of a serious and persistent breach by a Member State of the values mentioned in Article I–2, after inviting the Member State in question to submit its observations. The Council shall act unanimously after obtaining the consent of the European Parliament.
Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may adopt a European decision suspending certain of the rights deriving from the application of the Constitution to the Member State in question, including the voting rights of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension for the rights and obligations of natural and legal persons.
In any case, that State shall continue to be bound by its obligations under the Constitution.
Subsequently, the Council, acting by a qualified majority, may adopt a European decision varying or revoking measures adopted under paragraph 3 in response to changes in the situation which led to their being imposed.
For the purposes of this Article, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2. Abstentions by members present in person or represented shall not prevent the adoption of European decisions referred to in paragraph 2.
For the adoption of the European decisions referred to in paragraphs 3 and 4, a qualified majority shall be defined as at least 72% of the members of the Council, representing the participating Member States, comprising at least 65% of the population of these States.
Where, following a decision to suspend voting rights adopted pursuant to paragraph 3, the Council acts by a qualified majority on the basis of a provision of the Constitution, that qualified majority shall be defined as in the second subparagraph, or, where the Council acts on a proposal from the Commission, as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. In the latter case, a blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
For the purposes of this Article, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its Members.

Article I-59: Voluntary withdrawal from the Union

Any Member State may decide to withdraw from the European Union in accordance with its own constitutional requirements.
A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, 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 III-227(3); it shall be concluded by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
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 European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
3a. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in Council or European Council discussions or European decisions concerning it.
A qualified majority shall be defined as at least 72% of the members of the Council, representing the participating Member States, comprising at least 65% of the population of these States.
If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article I-57.

Reasons for the Suggested Amendments

Article Reasons for the Suggested Amendments

I-1.1 To avoid arguments or confusion over the meaning of the phrase 'in the Community way'

I-25.2 'Commission' is deleted as this sentence refers to situations other than Commission proposal mentioned in the first sentence. By deleting it, it will be clearer that the second sentence refers to proposals other than the Commission proposal where the Constitution so provides. Otherwise the exception to the first sentence of this Clause is meaningless. This deletion is also necessary to ensure that citizens' initiatives proposed under Article I-46.4 can also be adopted as Union legislative acts.

I-44 This Article has been converted into 'The principle of true democracy' from 'The principle of democratic equality'. This is a critical conversion and Article 44 now has supremacy over all other Articles in the Constitution. Articles 44 and 46 are the 2 pillars for making the Constitution a People's Constitution.

I-46.1 The suggested admendment here removes the words and language that are inconsistent with Article 44.1 As the sovereign, the people are entitled to respect at all times and should not be shown any possible disrespect, even inadvertently.

I-46.2 The open, transparent and regular dialogue is now extended to any interested citizen.

I-46.4 Article I-46.4 is deleted in its entirety. It is vague and uncertain, perhaps depending on a future European law to give it meaning. On the other hand, it may be a 'fake' citizens' initiative in the sense that 'such' a citizens' initiative mentioned therein may refer only to the 'invitation' stated therein by the citizens concerned, especially when there is no Election Commission at the Union level. It is a 'citizens' initiative' in the sense that the initiative for the 'invitation' comes from the citizens. It apparently has nothing to do with a ballot measure that a citizens' initiative by definition should be. If this is so, many people have already been deceived.

I-46.5 This Clause is inserted for clarification purposes. Article 44.1 already implies that the laws made by people themselves should have primacy over laws made by the people's representative because the people are sovereign, having the highest level of authority in the Union.

I-46.6
to
I-46.10 Introducing the missing European Election Commissioner. Without him or equivalent, there could be no citizens' initiative, referendums or elections at the Union level.

I-46.11 Definition of Election Commission

I-46.12
to
I-46.19 General duties of the Election Commission and election rules.

I-46.20 Definition of 'qualified voters'

I-46.21 This requirement ensures that small, active and vocal minorities could not do things in the name of the silent majority. For a citizens' initiative or referendum to be valid, the majority (50% + 1) of the qualified voters must participate in it.

I-46.24 Union Officials such as the European Ombudsman are constitutionally required to 'be completely independent in the performance of his or her duties' by the very Constitution which at same time puts them in the control and management of the very same group people they are supposed to supervise on behalf of the people. This does not make good sense at all.
So this Clause enables the people to elect directly such Union Officials so that they are directly accountable to the people themselves and could discharge their duties to people without fear or favour.

I-46.25
&
I-46.26 Special provisions for qualified voters with special needs.

History

A constitution for Europe - 'An acceptable word' Monday, November 4, 2002

Article	Reasons for the Suggested Amendments
I-1.1	To avoid arguments or confusion over the meaning of the phrase 'in the Community way'
I-25.2	'Commission' is deleted as this sentence refers to situations other than Commission proposal mentioned in the first sentence. By deleting it, it will be clearer that the second sentence refers to proposals other than the Commission proposal where the Constitution so provides. Otherwise the exception to the first sentence of this Clause is meaningless. This deletion is also necessary to ensure that citizens' initiatives proposed under Article I-46.4 can also be adopted as Union legislative acts.
I-44	This Article has been converted into 'The principle of true democracy' from 'The principle of democratic equality'. This is a critical conversion and Article 44 now has supremacy over all other Articles in the Constitution. Articles 44 and 46 are the 2 pillars for making the Constitution a People's Constitution.
I-46.1	The suggested admendment here removes the words and language that are inconsistent with Article 44.1 As the sovereign, the people are entitled to respect at all times and should not be shown any possible disrespect, even inadvertently.
I-46.2	The open, transparent and regular dialogue is now extended to any interested citizen.
I-46.4	Article I-46.4 is deleted in its entirety. It is vague and uncertain, perhaps depending on a future European law to give it meaning. On the other hand, it may be a 'fake' citizens' initiative in the sense that 'such' a citizens' initiative mentioned therein may refer only to the 'invitation' stated therein by the citizens concerned, especially when there is no Election Commission at the Union level. It is a 'citizens' initiative' in the sense that the initiative for the 'invitation' comes from the citizens. It apparently has nothing to do with a ballot measure that a citizens' initiative by definition should be. If this is so, many people have already been deceived.
I-46.5	This Clause is inserted for clarification purposes. Article 44.1 already implies that the laws made by people themselves should have primacy over laws made by the people's representative because the people are sovereign, having the highest level of authority in the Union.
I-46.6 to I-46.10	Introducing the missing European Election Commissioner. Without him or equivalent, there could be no citizens' initiative, referendums or elections at the Union level.
I-46.11	Definition of Election Commission
I-46.12 to I-46.19	General duties of the Election Commission and election rules.
I-46.20	Definition of 'qualified voters'
I-46.21	This requirement ensures that small, active and vocal minorities could not do things in the name of the silent majority. For a citizens' initiative or referendum to be valid, the majority (50% + 1) of the qualified voters must participate in it.
I-46.24	Union Officials such as the European Ombudsman are constitutionally required to 'be completely independent in the performance of his or her duties' by the very Constitution which at same time puts them in the control and management of the very same group people they are supposed to supervise on behalf of the people. This does not make good sense at all. So this Clause enables the people to elect directly such Union Officials so that they are directly accountable to the people themselves and could discharge their duties to people without fear or favour.
I-46.25 & I-46.26	Special provisions for qualified voters with special needs.