11 October 2021 at 13:41 #2124Herbert TombeurParticipant
First, the Convention should agree on the added value of a Preamble. My contribution to this crucial topic about any Preamble are these two general rules for its drafting:
1° the motivation of this constitutional document, to answer the question why this Federation is created; this answer should not mention values, but interests – we all know why a Federation in Europe is needed, I only mention here a/ its own linguistic and religious/philosophic diversity which could lead to new destabilising, even violent, conflicts and b/ the external threats at its borders in the South and the East, from chaotic migration over destabilising spionage and trade fraude until a spill over of near (civil) wars in the Middle and Far East, now that the US dominance world wide is challenged by China; 2° the interpretation of the constitutional draft itself as a basic legal act, useful for all courts within the Federation, its State Courts and the Federal Court(s) alike, to solve conflicts between any authorities and/or citizens.
Second, consequently, the actual Preamble draft text should a/ come out of the trap of actual items and therefore of daily politics, as I read in the actual draft and b/ focus on its added value for the Constitution of the European Federation, Europe not able to save nor to dominate the whole Earth.
To end with, my first observations, concerning the content of the draft: 1/ as this constitution should be a political and legal document, we should use the term “citizen(s)”, i.e. a person with political rights (note: many Europeans forgot this meaning due to oligarchic political systems), instead of the term “people(s)” which has a ethnic, social and/or cultural meaning, 2/ it should exclusively explain the specific European motives, i.e. common interests of Europeans, e.g. market scale & air pollution, to create a Federation, not referring to outside values nor situations – as some values and politics divide Europeans. Therefore, the whole Preamble draft sub Ib should be deleted and replaced by terms expressing the constitutional cause and benefit, stated above.
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