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I cannot see why freedom of information/transparency cannot be included at the federal level, in the Constitution, thus requiring members to act in consistency with the intentions of the Federation’s Constitution. I’m not a scholar in constitutional law, but as a journalist/editor relying on my common sense, I stand by my proposal re: Clause 4.
If Herbert’s surprising claim is right, then I suppose my proposal only needs to delete these words: “, states and local governments”.
But then the purpose of trying to build better governance of Europe than the EU, unable as it is to rein in Poland now, begins to crumble, in my view. What are the implications of Herbert’s statement? That a member state can restrict fundamental federal rights and still remain part of the federation? That a Poland or a Hungary can go autocratic without having to leave the federation? I cannot believe this is what is meant by states retaining their sovereignty, only sharing some parts of it with the federal body.
I look forward to the Board’s & others’ comments.