Whereas the peoples of Europe share the common values and heritage of the Enlightenment and a common will to promote individual liberty and human rights,
Whereas wars between nation states have crippled the European continent for centuries,
Whereas enhanced cooperation can bring nations great economic, political and social benefits,
Whereas physical, economic and political divisions between nations bring but disadvantage and inefficiency to all,
Whereas, acting as a whole, Europe can become a strong and dominant power on the world stage,
Whereas a confederal, plural and limited governmental system backed up by strong, inviolable human right guarantees proves the most sure, effective and enduring method to shield from governmental abuse of power and ensure the security and hapiness of a people,
Whereas the governments of Europe have decided to form a Union so as to further their common goals and principles and the collective interest of their peoples,
Article 1: The UnionEdit
1) This Constitution declares the existance of the European Union.
2) Said Union shall be a legal entity and shall comprise of its Member States and its Institutions.
3) This Article is fundamental to the Constitution.
Article 2: Member StatesEdit
1) A Sovereign State shall be considered a Member State of the European Union, if and only if the following three conditions are met:
i) The national law of the State provides that it is a Member State of the European Union and provides at the most basic, or constitutional, level for the supremacy of European law over all articles of the State's national law.
ii) The State has been declared a Member State by the Union Institutions, as by the provisions of this Constitution and of Union law, having met the necessary conditions.
iii) The state has not, by the provisions of this Constitution and of Union law, been removed as a Member State of Union.
2) Member states retain the right to unilaterally secede from the Union.
3) This Article is fundamental to the Constitution.
Article 3: SupremacyEdit
1) This Constitution is the highest form of law recognised in the European Union. It shall take precedence over all other articles of law.
2) a) International agreements and treaties entered into with non - Union Members by a Member State or collectively by the Union must be in compliance with the Constitution. The ratification by Members States or the Union of Treaties contradicting the Constitution shall be invalid.
b) Treaties entered into by Member States must first be authorized by the Union and found not to violate the Constitution.
c) Member States may not be members in institutions which create international law unless authorized by the Union and/or this Constitution.
d) International laws, agreements and treaties validly entered into by the Union or the Member States, in accordance with the above provisions and with respect to the Constitution and until such time as they are nullified by the States concerned or by the Union, shall take precedence over all other articles of law in the European Union.
3) Laws of the European Union, created by the procedures specified in this Constitution, must be in compliance with the Constitution and with international laws and treaties. Accepting the above, European Laws shall take precedence over all other articles of law.
4) Treaties and agreements between Member States of the Union shall be considered equivalent to European Law and may be invalidated by contradicting European Laws passed at a later date.
5) Directives and actions of the Union Institutions must be in compliance with European Law, international and treaty law and the Constitution.
6) The European Constitution, international and treaty law, European Laws and European Directives shall all take precedence over all articles of national law. Other than this, the national legal system of each Member State shall be respected.
7) Should a provision of a lower law exist where its application together with a provision of a higher law would be in violation of said higher law or another higher law or would create logical inconsistency or redundancy or be excessive or in violation of the right against double jeopardy, the lower law shall be ignored and the higher law applied, unless otherwise provided in the higher law in question or unless the provision of the lower law functions as an application of the higher law in which case the lower law shall be applied only in absense of or as a complement to any application of the higher law provided by a law higher than the lower law in question and only in so far as the lower application may, in accrodance with the above provisions, be legally applied together with the higher application and such that the aggregate application of the higher law is no more than that provided explicitly or implicitly by the higher law or permitted by even higher law and higher applications are applied with precedence over lower applications with respect for the provisions of this Article.
8) All laws shall be followed as interpreted by the judicial system. Court Orders duly issued by the Court of Justice of the Union shall be followed above any other instruction or document.
9) European Courts shall always take precedence over national courts except in cases concerning the Judges of the European Courts themselves.
10) All powers not delegated to the Union nor prohibited of the Member States shall be retained by the Member States.
11) This Article is fundamental to the Constitution.
Article 4: Fundamental Rights Edit
1) The rights and freedoms of the individual, as set out in the Charter of Fundamental Rights of the European Union, shall be considered a central and fundamental tennet of the Union and of this Constitution.
2) Neither the Union nor the Member States may pass a Law, or their Institutions take any action, decision or ruling, breaching these rights or the essense of the these rights, or by negligence allowing these rights to be breached, nor may they through monetary or political aid or through appeasement or negligence, assist an individual or organisation which breaches the rights or the essence thereof either within the Union or in foreign lands. The courts of the Union and the Member States shall uphold Fundamental Rights in all their rulings, decisions and opinions and may not take any decision which breaches Fundamental Rights or which fails to protect them.
3) The Union and the Member States shall at every opportunity pass Laws and take actions to positively enforce and extend the provision of Fundamental Rights both within the Union and abroad.
4) Neither the Union nor the Member States may violate or forget the underlying principle of Fundamental Rights which is that the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.
5) The Union shall guarantee that all Member States are ruled democratically, with frequent, fair and competitive elections and with respect for the rule of law and the will of their citizens.
6) Insofar as the Charter of Fundamental Rights agrees with the European Convention of Human Rights, the Union shall respect a minimum of the interpretation of European Court of Human Rights, while recognizing that the Charter is more thorough in its provision of Rights than the Convention.
7) In respect for equality and dignity, neither the Union nor the Member States shall require, respect or recognize of their Citizens any ceremonial expression of inferiority, fealty or obedience towards another person or towards a State, an organisation or the Union, nor shall they allow any such expression to be included in governmental proceedings, nor shall they recognise any binding legal document containing such expressions. All contracts and procedings recognised in the Union must be consensual, dignified agreements between equals.
8) In respect for freedom of expression, and in accordance with the Charter, neither the Union nor the Member States, through their laws or actions, nor any organisation or individual, may in any way censor, prevent or prohibit the free exchange of information, ideas or opinions or infringe on the right to non-violent demonstration.
9) No communication of any kind through any medium may be prohibited or penalised by law unless it constitutes a clear and proven attempt to decieve or defraud the public or a member thereof or to cause significant mental, physical or psychological damage to a member thereof or forms a direct and deliberate part of a serious criminal activity. The right to critisize, insult and offend other persons, in particular those in a position of power or authority shall not be infringed. Laws which do not respect the provisions of this and the previous subsection shall be void ab initio and their enforcement illegal.
10) In respect for academic freedom and in accordance with the Charter, neither the Union nor the Member States nor any individual or organisation may censor or deliberately impede any publication of a scientific, academic, educational or scolarly nature or research paper or expert publication under any circumstances nor may they attempt to censor, impede or obstruct scientific or academic research nor may any law be passed actively or negligently to this effect.
11) Both the Member States and the Union shall guarrantee the right to a fair trial, in accordance with the Charter, including the right to a speedy and open trial, the right to prepare and present a defense, the right to affordable and qualified counsel and to recovery of legal costs, the right to an impartial and qualified judge, the right to appeal, the right to presumption of innocence, the right to equal treatment and non - discrimination, the right to habeas corpus, the right against double jeopardy, the right to the upholding of the law and of Fundamental Rights and the right to due process after fair, proper, thorough and scientific consideration of evidence.
12) Should a court be found to deny the right to a fair trial, its jurisdiction may be partially or fully transferred to or usurped by a different existing court or a new court created for this purpose.
13) The Union and the Member States shall respect the principle of meritocracy and shall promote the rewarding and advancement of the able and virtuous such that they can best benefit themselves and society as a whole. The Union may grant honorary titles, prizes and rewards to persons of virtue or ability or who have conducted meaningful public service.
14) Neither the Union nor the Member States may inhibit the advancement of the able within the public sphere of influence or engage in corrupt or nepotistic practices in the staffing thereof. Both the Union and the Member States shall be held liable before European and national Courts for unmeritocratic practices in hiring and advancement in the publlic sector or for promoting such practices in the private sector.
15) In respect for the freedom to conduct business, neither the Union nor the Member States may, through legislation or regulation, maintain or guarantee to someone else a monopoly or oligopoly except where such is natural due to the specifics of the market or necessary to prevent massive harm or danger or as part of a patent or other innovation encouragment system.
16) The placement of unnecessary constrainsts on freedom shall be considered unconstitutional and a breach of Fundamental Rights. The Commission, Treasury, Agencies and Court of Justice retain the right to strike down any law or regulation by Member States or the Union which restricts the liberty and efficiency of businesses or persons without sufficient reason or justification.
17) Freedom of the press shall be respected and actively encouraged. Neither the Union, the Member States nor any organisation or individual may take any action to impede journalistic activity or the availablilty of information to the public or to censor a journalistic medium. Journalistic organisations shall be immune to liability for violating government or corporate confidentiality except where specifically otherwise provided by this Constitution.
18) All Citizens of the Union have the right to view any and all information held on them and to actively participate in actions, investigations and deliberations by the Union or the Member States directly concerning them. The Member States and the Union shall have a positive obligation to keep concerned parties fully involved and informed of procedings concerning them. Laws, actions and contracts by Member States, the Union or private agents violating this principle are void ab initio.
19) The Union and its Agencies and Courts shall be fully equiped and authorized to enforce the provisions of this article to the maximum possible extent.
20) This Article is fundamental to the Constitution.
Article 5: Symbols of the Union Edit
1) The flag of the European Union shall consist of twelve gold stars on a blue background. It shall be used as the official flag of the Union for all purposes deemed necessary by the Union and the Member States. The exact specifications of the flag for its official uses shall be determined by the Union.
2) Ode to Joy by Ludwig van Beethoven shall be the official Anthem of the Union. The specifications of the music, lyrics and performance of the piece shall be determined by the Union Institutions with respect to the specifics of each occasion of its use.
3) The official motto of the European Union shall be 'United in Diversity'. The official motto in each language of the Union shall be as it appears in the official version of this Constitution in that language. The motto shall also be official in Latin as 'in varietate concordia'. Official translations in other languages shall be as determined by the Union.
4) The 9th of May shall be officially recognised as Europe Day, a celebration of the European Union and its values and principles. The Union and Member States shall choose how to observe this day in a manner best repsecting its significance.
5) The Union shall designate one of its cities as Executive Capital of the Union, which shall house the headquarters of the Commission and Council, one of its cities as Legislative Capital of the Union, which shall house the headquarters of the European Parliament, one of its cities as Judicial Capital of the Union which shall house the main courts of the Court of Justice and one of its cities as Financial Capital, which shall house the European Central Bank. The Union may designate the same city to serve as more than one Capital. Should the Union choose a single city to serve as all four capitals it shall be termed the Capital City of the European Union. Other Institutions shall be located wherever is convenient.
Article 6: Separation of Church and State Edit
1) The Union shall respect the religious diversity of its citizens and, in accordance with Article 4, shall protect their freedom or thought and their freedom of worship.
2) Neither the Union nor the Member States may pass a law respecting any religion above any other or above a lack of religion nor may they provide funding or recognition to any religious institution nor establish a state religion, church or belief system.
3) No provision of this Constitution may be interpreted to allow individuals or institutions to commit unlawful activities or to infringe upon the rights of others in the name of religion or lack thereof nor to prevent the Union and the Member States from taking necessary action against such individuals and groups.
4) No consideration of religious dogma or principles may be made by the Union Institutions or the Member States in the taking of decisions or the drafting of laws nor may such beliefs be used as evidence in national or European courts of law.
5) Any law passed or action taken by the Member States or the Union for the intent of satisfying religious dogma or principles, without proper, thorough and sufficient basis in reason, ethics or law shall be void ab initio.
6) Neither the Union or the Member States may include religious oaths or declarations or manifestations of worship during official governmental procedings.
7) Neither the Union nor the Member States may attempt to control any religion or prevent the free exersise thereof, nor may they allow church dogma and leaders to interfere with public policy and education, nor may they impose the beliefs and practices of any religion on their citizens, nor exersise any form of discrimination on the basis of faith, nor in any other way violate provisions of this Article.
8) This Article is fundamental to the Constitution.
Article 7: Citizenship of the Union Edit
1) All citizens of the Member States shall be considered Citizens of the European Union.
2) Citizens of the Union shall enjoy the protection of the Union Institutions and the right to participate in European level politics.
3) Citizens of the Union shall be free to travel, live, conduct business, study and vote in any Member State of the Union.
4) Citizens of the Union shall, in each Member State, be entitled to at least the same rights, legal protection and quality of life guarantees as a citizen of that Member State.
5) Citizens of the Union shall have the right to vote and stand in European or local elections in any Member State of their choice under the same conditions as a citizen of that Member State.
6) This Article is fundamental to the Constitution.
Article 8: The Single Market Edit
1) The Member States and the Union shall respect the free movement of persons, capital, goods and services between Member States.
2) Citizens of the Union may not in any way be discriminated against on the basis of their country of origin. Citizens of the Union shall be free to reside, work or study in any member State under the same conditions as a citizen of that Member State.
3) Individuals and coorporations from all Member States shall be free to invest and conduct business in any other Member State under the same conditions as a citizen or coorporation from that Member State. No tariff, quota or any form of trade barrier may be imposed on trade between Member States.
4) The borders between Member States shall be open.
5) The Union shall have a single currency. Member States shall relinquish power over currency, monetary policy and the banking system to the European Central Bank.
6) For the purposes of economic stability, the Member States shall, with respect to European Law, partly or fully relinquish control over fiscal and other economic policy to the European Treasury.
7) Matters pertaining to immigration, border control and policing shall be handled in an intergovernmental and supranational manner, with respect to the decisions of the Union.
Article 9: Languages Edit
1) All official languages of Member States of the Union shall be considered Official Languages of the Union. Additional languages may be made official languages of the Union by laws of the Union.
2) All persons interacting with the Union Institutions or with Member States shall have the right to conduct procedings and review documents in any official language of the Union of their choice in a speedy and efficient manner and with a high standard of service.
3) All official languages of the Union shall be considered equivalent to each other. No langauge of the Union may be elevated above others for purposes other than practicality and efficiency.
4) The English langauge shall be the Working Language of the Union. It shall be used for deliberations of the Union Institutions and shall be recognised as the main language for communication between persons with different first languages.
5) For all purposes where a single language need be prefered for practical reasons, English shall be used.
6) For ceremonial purposes Latin may be used due to its historical significance.
Article 10: The European Parliament Edit
1) The European Parliament shall be an Institution of the Union and shall exersise the Union's legislative power.
2) The Parliament shall consist of directly and proportionally elected representatives of the Citizens of the Union. The representatives shall be termed Members of European Parliament. The exact method of election to the Parliament shall be determined by the European Electoral Board.
3) Parliament shall meet on a regular basis, to be determined by the European Electoral Board.
4) Elections to the Parliament may be called at any time by a Resolution of the European Parliament. The European Electoral Board shall determine a maximum term length for Parliament. If a time equal to the maximum term length transpires since the previous election to Parliament and no election has been called, an election shall be held within one month, to be scheduled by the European Electoral Board.
5) Any Member of the European Parliament may propose a Resolution. Resolutions may express an opinion on behalf of Parliament, or issue an order or suggestion to another entity or exercise any of the powers awarded to Parliament by this Constitution.
6) Proposed Resolutions shall be debated in a fair, thorough and scientific manner and a vote held. Voting shall be held by secret ballot where all elected Members shall be elidgible and be given the opportunity to vote. A Resolution shall pass when and if over half the votes cast are in favour of it. The exact parliamentary procedure of debating and voting shall be determined by the European Electoral Board. Other issues of procedure shall be determined by Resolutions of Parliament as long as these do not contradict the Laws created by the European Electoral Board. The procedure must be such as to allow the will of Parliament to be expressed as quickly and efficiently as possible.
7) Parliament may, through a Resolution, create or repeal a Law of the European Union. Laws of the Union shall take effect immidiately after being passed by Parliament or at a time specified in the establishing Resolution. Laws of the Union shall be binding in the entire Union as by Article 3. Laws shall continue to be in effect until repealed or declared invalid by any of the methods provided in this Constitution.
8) Laws of the Union may regulate the actions of any of the European Institutions or the Member States or their Institutions or regulate the economic or other activity of organisations and persons operating within the Union, or limit or alter the Laws of the Member States or apply or extend Fundamental Rights or any other provision of this Constitution.
9) No Law of the Union may be passed infringing on the freedom or privacy or in any way regulating or placing restrictions on the non - economic activity of any non - governmental individual or organisation except when applying or extending Fundamental Rights or any other provision of this Constitution nor may economic activity by unnecessarily regulated unless a clear benefit to society can be proven, nor any restriction made of non - governmental entities by the Union beyond that perscribed by this Constitution. Parliament may, if it sees fit, extend this principle to the Member States by passing Laws of the Union repealing Member State regulations which place restrictions on individuals or organisations beyond those necessary for the application of this Constitution.
10) Laws of the Union are only valid if they are set out clearly and rationally and explain in their text their purpose and their legality and justification under this Constitution.
11) Parliament may pass Laws creating Agencies of the European Union, determining their constitutions, their composition and functioning, regulating their activities or terminating their existance.
12) Parliament may not create or repeal Laws of the Union on the matters that this Constitution determines should be handled by the European Electoral Board.
13) All Resolutions and Laws passed by the European Union must not violate the European Constitution, including this Article, or the Charter of Fundamental Rights or the essense thereof and must not exceed the powers granted to the Union or act in ways prohibited of the Union herein.
14) Parliment may not pass Laws preventing other Institutions from conducting their constitutional duties.
15) The first priority of Parliament shall be to maximize the welfare, happiness and liberty of the European people. Parliament may not pass a Law that is destructive or irrelevant to these.
16) The creation of Laws of the Union found to violate the Constitution shall be invalid. Laws found to be unconstitutional shall be considered void ab initio.
17) If a Law that has been found to be unconstitutional is found to be Constitutional at a later date, either due to an ammendent or by a ruling of the Court of Justice, without having been repealed in the interim, it shall reenter into effect as of the entry into effect of the ammendment or ruling.
18) Parliament shall elect a President to chair its sessions and exercise those responsibilities attributed to them by the European Electoral Board and by this Constitution.
19) The salaries of the Members of the European Parliament shall be determined by the European Electoral Board. The salaries may not be set so as to unfairly discriminate between Members.
20) In the event of the resignation, death or otherwise indisposability of a Member of the Parliament, a new election shall be held to determine their replacement, by a procedure to be determined by the European Electoral Board.
21) The European Electoral Board shall be responsible for regulating the actions, eligibility and competence of the Members of Parliament, to ensure that they best serve the European people and to prevent conflicts of interest and corruption. The Board shall also determine the procedures for the removal and prosecution of Members in the event that they should break the law.
22) The Parliament shall, through its Laws, determine the sources of finance of the Union and the allocation of this finance to the various Institutions. The Union may be financed by taxation on Member States or by direct taxation on citizens or organisations or by any other means the Union deems necessary. Parliament must ensure that each Institution has enough finance to adequately perform its constitutional and legal duties.
Article 11: The European CommissionEdit
1) The European Commission shall be an Institution of the Union and shall exersise the executive power of the Union.
2) The Commission shall be headed by the President of the Commission, who shall lead and organise the Commission, decide on Commission policies and directives and give instructions to Commissioners and European Civil Servants. The President shall be responsible for ensuring the Commission properly performs its constitutional and legal duties. The President may exercise any of the powers of the Commission or delegate said powers to Commissioners or other bodies or persons at any time and at will, through the issuing of Presidential Orders.
3) The President of the Commission, through a Presidential Order or any person, group of persons or entity to whom the President has delgated this power, by a procedure to be determined by the President, may issue a Directive of the European Commission. Directives may exercise any of the powers of the Commission and shall be binding in the entire Union as by Artile 3.
4) The President shall be directly or indirectly democratically elected by a procedure to be determined by the European Electoral Board in elections held either during or within one month before or after the elections to the European Parliament.
5) A number of Commissioners shall be appointed to aid in the leadership of the Commission. The President shall determine the number of Commissioners as well as their individual functions, duties, powers and titles. Commissioners shall be appointed during or immediately after the election of the President, either by the President or by a different procedure to be determined by the European Electoral Board. The appointment and dismisal of Commissioners at different times, shall either be at the will of the President, or by a different procedure to be determined by the European Electoral Board. The powers, duties and titles of the Commissioners may be changed at will by the President.
6) The Commission shall employ a number of European Civil Servants who shall carry out the instructions of the Commissioners and the President and handle the day to day administration of the Commission. The number of Civil Servants, the different posts within the Civil Service and their functions, duties, powers, titles and responsibilities shall be determined by the President and the Commissioners. The appointment and dismissal of Civil Servants to and from the Commission and to and from individual posts shall be carried out by a seperate, meritocratic procedure to be determined by the European Electoral Board.
7) The Commission shall be responsible for implementing and enforcing the Constitution, the Charter of Fundamental Rights, the Laws of the Union and the Council Directives.
8) The Commission shall further be responsible for organising the actions of the Agencies and other European Institutions, creating regulations to complement the Laws of the Union, as empowered therin, managing and monitoring the Union economy, drafting the Union budget, organising and conducting research and taking any other action it deems necessary for the benefit of the Union and its Citizens.
9) The Commission may propose resolutions to Parliament. Resolutions proposed by the Commission shall be considered in a manner to be determined by the European Electoral Board.
10) The European Parliament may, through Laws of the Union, limit, increase or regulate the powers of the Commission. The Commission must, in all its actions, follow the Laws of the Union.
11) The Commission shall, on a regular basis, brief the Parliament on its ongoing efforts. The Parliament may, through a Resolution, request any information from the Commission which the Commission must provide promptly.
12) The Commission and its staff must at all times obey Orders issued by European Courts.
13) The President, the Commissioners and the Civil Servants shall be liable before the European and national judicial systems for illegal or unconstitutional actions committed while in office. Compensative, restorative and deterrative measures for such actions may be sought in European Courts under the Constitution against both the Commission as an entity and, seperately, against its staff to an extent deemed appropriate by the Courts in interpretation of this Constitution and insofar as this liability has not been fully applied by lower laws, in accordance with Article 3.
Article 12: The Agencies of the European UnionEdit
1) Either Parliament or the Electoral Board, through a Law, or the Council through a Directive, or the Court of Justice, through a ruling, or the Court of Auditors or Classification Board, through a Resolution, may establish an Agency of the Union and determine its function, organisation, powers and constitution.
2) Agencies shall be Union Institutions, independant of other Institutions.
3) The documents creating each agency shall determine the method of appointment of its staff and the degree of its subsidiarity and accountability to the Commission and to the other Institutions.
4) The function of each Agency may be altered by changing or overriding its founding document.
5) Agencies may not exceed the competences of their founding document, or of their founding Institution or those awarded to the Union by this Constitution.
6) The Union may create Agencies employing armed personnel with the task of enforcing European law within the Union or defending the Union and the interests thereof in foreign lands. The implementation of these two objectives must be realized seperately and independantly at all levels. Neither an Agency nor an external contractor of staff thereof may concurrently engage in both activities.
Article 13: The European Central BankEdit
1) The European Central Bank shall function as the central bank of the Union with the power to issue European currency and manipulate interest rates.
2) The bank shall be independant of the other Union Institutions and shall not be subject to oversight by the Commission, Parliament or Agencies.
3) The governing Board of the Bank shall consist of the leaders of the Central Banks of the Member States or appointed representatives thereof. The leaders themselves shall retain the right to appoint any representative they choose.
4) The Board shall have the sole power to regulate the function and policies of the Bank. Parliament may not pass a Law affecting the Bank or contradicting a decision of the Board.
5) The Board shall, by majority vote, elect the President of the Bank who shall handle the leadership and administration of the Bank.
6) The Central Banks of the States shall be subsidiaries os the European Central Bank.
Article 14: The European TreasuryEdit
1) The Treasury shall be responsible for aquiring, handling and allocating the finances of the Union and auditing, directing and controlling the treasuries of the Member States in accordance with the Laws passed by Parliament.
2) The Treasury shall be led by a President and by a number of Vice Presidents and staffed by European Civil Servants. The President of the Treasury shall also be a Commissioner. The President and Vice Presidents shall be appointed by a method to be determined by the European Electoral Board.
3) The degree of independance of the Treasury from the Commission and the nature of the relationship between the two bodies shall be determined by the Laws of the European Parliament.
4) The number of Civil Servants in the Treasury and their positions, titles, duties, powers, responsibilities and pay shall be determined by the President of the Treasury. The appointment and dismissal of Civil Servants to and from the Treasury and to and from individual posts shall be determined by a procedure to be determined by the European Electoral Board.
Article 15: The European Public Prosecutor's OfficeEdit
1) The European Public Prosecutor's Office shall be an Institution of the Union responsible for investigating and prosecuting breaches of European Law, breaches of national or international law contrary to the Union's interests, both within the Union or abroad, cases of cross border crime within the Union, cases relating to the Union's fincancial interests or any case falling within the sphere of influence of the Union or which the national public prosecutors cannot adequately handle or need assistance with or which the Office otherwise deems necessary to handle for the furtherment of the interests of the Union, in the relevant courts.
2) The Office shall be headed by the European Public Prosecutor, who shall be assisted by a number of Vice Presidents of the Office and a Chief of Staff of the Office. The Office shall employ Eureopan Public Counsels and European Public Vice Counsels, expert legal professionals who shall serve for two year terms and shall be selected on the advice of the community of legal professionals by a process to be determined by the Assembly of the Court of Justice. The Office may also hire Consultants for specific cases and other personel to be appointed by the Chief of Staff. Counsels shall be free to use Office resources to research and prepare cases and to hire Consultants and to proxy said powers to Vice Counsels or Consultants. Cases may be brought against any private entity by Counsels. Appeals of such cases or cases against a foreign entity, Member State or Union Institution other than the Parliament, the EEB or the ECA shall require permission of a Vice President while appeals of cases against a foreign entity or cases against the EEB, ECA, Parliament or Union shall require the consent of the Prosecutor. The Prosecutor, Vice Presidents and Chief of Staff shall be appointed by the President of the European Court of Justice, the latter two on nomination by the Prosecutor and the first on the advice of the community of legal professionals, and shall serve until such time as they resign, retire, are appointed to a different office, or are removed by a vote of two thirds of the Members of European Parliament.
3) The Office shall have departments in each Member State headed by a Vice President of the Office, assisted by a Deputy Chief of Staff and various Deputy Vice Presidents and employing Counsels, Vice Counsels and Consultants in the same manner as the central office. Additional departmetns may be created by Laws of the Union passed by Parliament to deal with material of specific concern to the Union.
4) Each European Court and major international and national courts shall have a number of Permanent Counsels appointed by the Office to specialize in bringing cases against said court.
5) There shall also exist a seperate European Special Prosecutor's Office, Consisting of a European Special Prosecutor appointed by the President of the Special Court and various Counsels, appointed by the Prosecutor, responsile for bringing and defending cases in the Special Courts and arguing cases where no other party is able to do so.
6) Each Institution and Agency of the Union shall have its own legal identity and counsel and may bring any case before the Court of Justice of the Union or a court of the Member State or a court of another State or an international court, under its own name, that it deems necessary to its function. However, the European Public Prosecutor and the Special Prosecutor shall have the sole power to bring cases before any court on behalf of the Union as an entity.
7) The European Public Prosecutor may bring cases against any entity including another European Institution, a Member State, another State or any person or organisation within or without the Union, providing the entity is within the jurisdiction of the court that the case is being brought against and the case is relevant to the interests of the Union or its citizens.
8) The Prosecutor's Office shall provide legal aid to Citizens of the Union residing in a foreign jurisdiction.
9) In the jurisdiction of Member State and European law, cases may be brought against Union Institutions for actions commited by them or against the Union for actions committed by the European Court system or other claims not attributable to a single Institution. No institution or person, nor the Union may be attributed immunity within the Union. Diplomatic immunity shall be respected to the extent required by international law for foreign officials but not for officials of the Union or the Member States.
10) When cases are brought before the Union in a home jurisdiction, the Union shall be defended by the European Public Prosecutor or a proxy thereof. When cases are brought against the Union in a foreign or international jurisdiction, the President of the Commission may choose the Commission's counsel, the European Public Prosecutor or any other counsel to defend the Union.
11) The Offices of the EPP and ESP as Institutions as well as the European Public Prosecutor and European Special Prosecutor and other staff of the Offices as persons shall be liable for legal malpractice for faililng to carry out their duties. Neither the Union nor the Member States shall prevent European Courts from impeaching or ordering compensation from Office Staff or Member States courts from ordering remedies for legal malpractice over and above those ordered by European Courts.
Article 16: The Council of the European UnionEdit
1) The Council of the European Union shall be the intergovernmental branch of the Union. It shall be responsible for coordinating the actions of the Member State governments in accordance with European law.
2) The Council of the Union shall consist of the European Council and the Ministerial Councils. Each Ministerial Council shall be responsible for a specific jurisdiction of affairs while the European Council shall be responsible for general affairs. Each Member State shall have one seat on the European Council which shall be filled by the highest official of the Member State government or a proxy thereof and one seat on each of the Ministerial Councils, which shall be filled by the highest responsible government official in the jurisdiction of the specific Ministerial Council or a proxy thereof.
3) The European Council shall, by majority vote, elect the President of the Council of the European Union. The President of the Council shall decide the number and jurisdictions of the Ministerial Councils and appoint the Chairs of the Ministerial Councils. The President shall also act as Chair of the European Council.
Article 17: The European Electoral BoardEdit
Article 18: The European Court of AuditorsEdit
Article 19: The European Classification Board Edit
Article 20: Openness and Transparency Edit
Article 21: The European InitiativeEdit
Article 22: The Court of Justice of the European UnionEdit
Article 23: Immigration to the Union Edit
Article 24: Defense of the Union Edit
Article 25: Education, Science and Research Edit
Article 26: International Relations Edit
Article 27: The Union Economy Edit
Article 28: Enforcement of European LawEdit
Article 29: Accession to the Union Edit
Article 30: Secession from the UnionEdit
1) Any Member State may, through a procedure determined by its national law, declare its secession from the Union.
Article 31: Ammending this ConstitutionEdit
1) Ammendments to the Constitution shall contain instructions to alter the text of the Constitution or of the Charter of Fundamental Rights.
2) Any ammendment must maintain the internal consistency and coherence of the Constitution and Charter.
3) Ammendments shall be classified as minor, signifcant, major or fundamental on the basis of the extent of alteration done to the provisions and essense of the Constitution or Charter. The Union and Member States shall respect the opinion of the Court of Justice in this matter. The removal or contradiction, though not necessarily the addition, of any provisions of articles 1 through 5 of this Constitution or of the Charter of Fundamental Rights shall be considered a fundamental change.
4) Minor ammendments may be passed by a vote of over half of the members of the European Parliament, entering into effect after 5 years, or a vote of over two thirds of the members of the European Parliament, entering into effect immediately, or proposed by the Commission and passed by a vote of over half of the members of the European Parliament and half of the members of the European Council, entering into effect immediately.
5) Substantial ammendments may be passed by a vote of at least two thirds of the members of the European Parliament, entering into effect immediately, or over half the members of the European Parliament and half the members of the European Council, entering into effect after 3 years, or by a vote of of over half of the European Parliament, entering into effect after 8 years.
6) Major ammendments to the Constitution may be passed by a vote of over two thirds of the elected members of the European Parliament, entering into effect 1 year after the next European election, or by a vote of over two thirds of the elected members of the European Parliament and two thrids of the members of the European Council, entering into effect immediately. Alternately, major ammendments may be proposed by the Commission and passed by a unanimous vote of the European Council, entering into effect following ratification by over half the Member States.
7) Fundamental ammendments may be proposed by the Comission and passed by a vote of over two thirds of the elected members of the European Parliament. They shall enter into force following ratification by all the Member States.
8) Minor and substantial ammendments to the Constitution may be made through the European Initiative, as provided in Article 21. Also in accordance with Article 21, major ammendments may be made through the Initiative, entering into effect following approval by a majority vote of the members of European Parliament.
9) On the twentieth anniversary of the entry into effect of this Constitution and every twenty years after that, a Constitutional Convention shall be called with the power to ammend and update this Constitution. The Member States of the Union may, acting unanimously, call an additional Constitutional Convention at any date not within 5 years of the ordinary date for the Convention. The method of election to the Convention and its method of deliberation and voting shall be determined by the European Electoral Board. The calling of the Convention or redraft of the Constitution proposed by the Convention may be vetoed by a vote of over half the members of the European Parliament. Such a veto may be overturned by a unanimous vote of the European Council or through the European Initiative. The Convention shall convene until a draft is passed or it votes to dissolve itself.
10) Any ammendment may be repealed by a Law of the Union passed by Parliament or through the European Initiative at any time before or up to 6 years after the ammendment's entry into effect, unless a later limit is specified in the ammendment. After this time has passed, an ammendment may only be repealed by another ammendment. Any ammendment repealed through a Law of the Union may be reactivated by another Law of the Union for up to 10 years after the repeal.
11) The Court of Justice of the European Union may strike down an ammendment at any time, if and only if, it is in violation of the provisions of this article.
12) The text of this Constitution, as altered by all ammendments and revisions that are valid and in effect shall be considered the official text of this Constitution. The Union, the Union Institutions and the Member States agree to recognise the Constitution, as ammended under the provisions of this Article, as the Constitution of the European Union. All parties agreeing to, recognising, embedding into law or providing for the supremacy of this Constitution, automatically do the same of its future ammended forms.