PART 10  |  01 APRIL – 15 APRIL 2022

This article makes clear in Clause 1 that the constitution, federal laws and treaties contain the fundamental law of federal Europe. And that everyone has to abide by it. Also the judges of the member states. The laws of the Member States may not be in conflict with this. So, the negation/nihilation of federal law by a Member State is not possible. For the rest, Member States are free to make the laws they deem necessary.

In order to ensure compliance with Clause 1, Clause 2 stipulates that persons with political responsibilities must take an oath or pledge to the constitution. In doing so, they are immune from scrutiny regarding their religious beliefs.

Article IX – Federal Loyalty

1. This Constitution and the laws of the European Federal Union, which will be made in connection with the Constitution, and all treaties, made or to be made under the authority of the European Federal Union, are the supreme law of the Federation. The judges in every Member State will be bound hereby, notwithstanding any other regulation in the Constitution or the laws of any Member State.

2. The delegates of the European Congress, the members of the legislative branches of the Member States and all executive and judicial officers, both of the European Federal Union and of the Member States, will be bound by an oath or affirmation to support this Constitution. But no religious test shall ever be required as a qualification for any office or public trust under the European Federal Union.

Explanatory Memorandum of Article IX

The first Clause of this Article makes it clear that the Constitution, together with federal laws and treaties, constitutes the fundamental law within the federation and that everyone has to comply with it. Also, the judges of the Member States. State law - whether in a State Constitution or in state laws and regulations - may not conflict with the federal Constitution. So, trying to 'nullify' a federal law in a state law is not possible. For the rest, the States are free to make the laws they see fit, provided that they comply with the rule of law. In order to ensure that respect for the Constitution is observed, the second Clause provides that those in positions of responsibility must take an oath or pledge, which, incidentally, exempts them from an enquiry into their religious beliefs.

Article IX – Federal Loyalty

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