This is the Federal Constitution that came into being after an intensive citizens' convention between October 2021 and March 2022. The full version including the explanatory memorandum can be found here.
Federal Constitution for Europe
Federal Alliance of European Federalists
FAEF © 2022
The Federal Alliance of European Federalists (FAEF) is pleased to present its democratic federal Constitution for the Citizens of Europe. It is meant to replace the treaty-based system of the European Union. In the evolution of European state systems since 1500, the stage of a federal Europe is now beginning.
For six months - from October 2021 to the end of March 2022 - FAEF's Citizens' Convention improved a ten-article draft of this Constitution. The result of this peer review is a comprehensive structure of the constitutive and institutional elements of a centripetal federation, based on a federal Constitution and led by applied sciences. A federation, built from the bottom up, for the Citizens of sovereign European states, that want to create a centre that looks after their common European interests, while preserving each country’s sovereignty, culture and traditions.
The members of our Convention who did this remarkable work are here listed.
The Board shall present the Constitution to the Citizens of Europe, inform them of its significance and organize the process of its ratification by the Citizens.
Board of the Federalist Alliance of European Federalists (FAEF),
Leo Klinkers, Président
Mauro Casarotto, secrétaire général
Peter Hovens, Treasurer
Martina Scaccabarozzi, Executive Member Communications
Javier Giner, Executive Member Politics
The Hague, April 2022
We, the Citizens of Europe, moved by the need and the will to form a more perfect and durable union, with the objective and duty of taking care of the common European good, protect and ensure the greatest degree of liberty and well-being for its peoples, establish the Federated States of Europe - hereafter the Federation - by ratifying this Constitution,
I. Laying down the principle that it should support our quest for happiness, based
(a) on working relentlessly to preserve the diversity of all life forms on Earth and to protect and care for the natural environment for next generations,
(b) on securing freedom to live one’s life without impeding the freedom of others,
(c) on elimination of all forms of discrimination on the basis of respect for the diversity of cultures, languages, ethnicities, beliefs, and sciences of the Citizens within the Federation, as well as on the protection of their fundamental rights and freedoms,
(d) on encouraging trust and solidarity among all countries and regions, in Europe as well outside Europe,
(e) on human compassion, respect and support to achieve happiness for Citizens from outside the Federation who want to live within the Federation in accordance with its laws and the articles of this Constitution,
(f) on expecting that in carrying it out, it should bear witness to wisdom and knowledge, human dignity and justice, and integrity, in the full awareness that it derives its powers from the people, that all people on Earth are born equal with regard to dignity and rights, and that no one is above the law.
II. Considérer davantage :
(a) that the Federation is an integral part of a highly interdependent natural and social system. The ability to realize, preserve and promote its values depends on the global condition of international relationships among countries and on the health of the natural environment;
(b) that the Federation repudiates war and violence as an instrument of offence to the liberty of other peoples and as means of settling international conflicts; the Federation favours transnational cooperation and federal structures to ensure peace, justice and prosperity among nations;
(c) that this federal Constitution is based on the cultural, religious, and humanist inheritance of Europe, including the considerations and desires of European philosophers to unite Europe in a federation after centuries of conflicts and wars;
(d) that the federal system is based on a vertical separation of powers between the Member States and the Federal Entity through which they share sovereignty;
(e) that the horizontal separation of the legislative, judicial, and executive branches both at the level of the Federal Entity and at that of the Member States is guaranteed by a solid system of checks and balances.
III. Whereas, all Citizens shall have the right to resist any person, organization, institute or authority seeking to abolish this Constitutional order if no other remedy is available,
IV. Adopt the following ten articles as the Constitution of the Federation,
Article I – The Federation, the Rights, and
- The Federation is a democratic State, founded on the Rule of Law. It consists of sovereign Citizens, democratic constitutional Member States, and a Federal Authority
- The Federation shall respect the equality of Citizens and Member States before the Constitution as well as their identities, inherent in their fundamental constitutional and political structures, inclusive of regional and local self-government.
- The powers not entrusted to the Federation by the Constitution, nor prohibited to the States by this Constitution, are recognised powers of the Citizens and entrusted powers of the Member States, in order to protect the autonomous initiatives of Citizens and Member States, relating to activities of personal or general interest.
- The Federation sees in the natural needs of every living human being an important source from which agreed rights can be derived. These rights are those as formulated in the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in the Charter of Fundamental Rights of the Federation, whose rights shall have the same legal value as the Constitution.
- Every Citizen has a right of access to information and documents of the Federation, States, and local Governments and the right to follow the proceedings of the courts and democratically elected bodies. Limitations to this right may be prescribed by law to protect the privacy of any Citizen, or else only for extraordinary reasons.
- Membership of the Federation after the Federation has entered into force requires ratification of this Federal Constitution by the respective national parliament of the State applying for membership.
- The Federation will promote a higher degree of World transnational cooperation and may, on conditions of equality with other countries and regions and on the basis of the values expressed in the Preamble to this Constitution, accede and adhere to a World Federation, based on a democratic Earth Constitution.
Section 1- The European Congress
- The Legislative Branch of the Federation lies with the European Congress. It consists of two Houses: the House of the Citizens and the House of the States.
- The European Congress and its two separate Houses take residence in Brussels unless the Houses agree on a different residence within the territory of the Federation.
Section 2 – The House of the Citizens
- The House of the Citizens is composed of the delegates of the Citizens of the Federation. Each delegate has one vote. The delegates of this House are elected for a term of five years by the Citizens of the Federation who are qualified to vote, united in one constituency, being the constituency of the Federation. They can be re-elected once in succession. The election of the delegates of the House of the Citizens always takes place in the month of May, and for the first time in the year 20XX. They enter office at the latest on June 1st of the election year. Federal elections, their organization and operation, take place based on federal law.
- The size of the House of Citizens will follow the political and demographic development of the Federation. If the population of the Federation does not exceed four hundred million, the House of the Citizens will consist of four hundred delegates. Should the population exceed 400 million, the number of delegates will be increased by 20 for every additional 25 millions of population. In any case, the total number of delegates of the House of Citizens will not exceed six hundred.
- Eligible to the House of Citizens are those who have reached the age of eighteen years on June 1st of the election year and are registered as Citizen of one or more States of the Federation during at least seven years. On behalf of the Citizens of the Federation, the House of the Citizens establishes laws on requirements of competence and suitability for the office of delegate. The law regulating the requirements of competence and suitability also regulates the responsibility of transnational political parties in applying and acquiring the requirements by prospective delegates, as well as the role of Citizens in that process.
- The House of the Citizens shall organize once a year a multi-day meeting with panels of Citizens to gather information on how to improve the realization of the Common European Interests as envisaged in Article III. The law shall determine how the Citizens' panels are composed and how they shall operate, considering that Citizens from each Member State will participate in these panels and that the outcome of these meetings will improve and strengthen the policies on the Common European Interests.
- The delegates of the House of the Citizens have an individual and non-binding mandate. They carry out this office without a binding mandate, in the general interest of the Federation. This mandate is incompatible with any other public function and any kind of multiple mandates, nor with a position or such a relationship with European or global enterprises or other organizations as to influence the Federation's decision making.
- The right to vote in elections for the House of the Citizens belongs to anybody who reaches the age of eighteen years in the month of May of the election year and is registered as a Citizen in one of the Member States of the Federation, regardless of the number of years of that registration. Citizens of a Member State of the Federation who are legally resident in another State of the Federation can vote for the House of Citizens in their State of residence.
- The House of the Citizens chooses its Presidency, consisting of three delegates of the House, with the right to vote. The House appoints its own personnel. No secret vote is permitted in the House of Citizens; every vote must be recorded.
Section 3 – The House of the States
- The House of the States is composed of nine delegates per State. Each delegate has one vote. They are appointed for a term of five years by their State’s parliament among its members. They can be re-appointed once in succession. The first appointment of the full House of the States takes place within the first five months of the year 20XX. They enter their office at the latest on June 1st of the year of their appointment.
- Eligible to the House of the States are those who reached the age of twenty-five years in the year of taking office and who have been registered for a period of at least seven years as a Citizen of a Member State of the Federation. On behalf of the States of the Federation, the House of the States establishes laws on requirements of competence and suitability for the office of delegate.
- The House of the States shall organize once a year a multi-day meeting with panels of delegates of the parliaments of the Member States to gather information on how to improve the realization of the Common European Interests as envisaged in Article III. The law shall determine how these panels are composed and how they shall operate, considering that delegates from each parliament of the Member State will participate in these panels and that the outcome of these meetings will improve and strengthen the Common European Interests.
- The delegates of the House of the States have an individual and non-binding mandate that is exercised in the general interest of the Federation. This mandate is incompatible with any other public function, including an incompatible membership of the parliament that appointed them as delegates of the House of the States and any kind of multiple mandates, nor with a position or such a relationship with European or global enterprises or other organizations as to influence the Federation's decision making.
- The House of the States chooses its Presidency, consisting of three delegates of the House, with the right to vote. The House appoints its own personnel.
- The House of the States holds the exclusive power to preside over impeachments. In case the President of the Federation, the Vice Presidents of the Federation or a delegate of Congress is impeached the House of the States will be chaired by the Chief Justice of the Federal Supreme Court of Justice. In case a delegate of that Court is impeached the Chairperson of the House of the States will chair the House of the States. No one shall be convicted without a two third majority vote of the delegates present.
- Conviction in cases of impeachment shall not extend further than the removal from office and disqualification from holding any office of honor, trust, or salaried office within the Federation. The convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
- No secret vote is permitted in the House of States; every vote must be recorded.
Section 4 – The gathering of both Houses
- The European Congress is the gathering of the House of the Citizens and the House of the States in joint session and is presided over by the Chair of the House of the Citizens.
- The time, place, and manner of electing the delegates of the House of the Citizens and of appointing the delegates of the House of the States are determined by the European Congress.
- The European Congress convenes at least once per year. This meeting will begin on the third day of January, unless Congress determines a different day by law.
- The European Congress settles Rules of Proceedings for its manner of operating.
Section 5 – Rules of Proceedings of both Houses
- Each House settles Rules of Proceedings, by majority of its delegates, as to their specific fields of competence. They regulate what subjects require the presence of a quorum, which quorums are applied, the majority requested save is otherwise provided in the constitution, how the presence of delegates can be enforced, what sanctions can be imposed in case of systematic absence, what powers the Chairperson has in order to restore order and how the proceedings of meetings and counted votes are recorded.
- The Rules of Proceedings regulate punishment of delegates of the House in the case of disorderly behavior, including the power of the House to expel the delegate permanently by a two third majority.
- During meetings of the European Congress no House may adjourn for more than three days without the consent of the other House, nor may it move its seat.
Section 6 – Compensation and immunity of delegates of Congress
- The delegates of both Houses receive a salary for their work, determined by law, to be paid by the Treasury of the Federation.
- The rules on the immunities of both Houses are determined at the level of the Federation. The delegates of both Houses are in all cases, except treason, felony, and disturbance of the public order, exempted from arrest during their attendance at sessions of their respective House and in going to and returning from that House. For any speech or debate in either House they are not to be questioned in any other location.
Section 7 – The Federal Supreme Court of Justice, the Federal Central Bank, and the Federal Court of Auditors
The European Congress establishes by law The Federal Supreme Court of Justice, the Federal Central Bank, the Federal Court of Auditors, the Federal Ombudsman Office, and regulates their powers.
Section 1 – The legislative procedure
- Both Houses have the power to initiate laws and to make all necessary regulations with respect to the territory or other possessions belonging to the Federation. They may appoint bicameral commissions with the task to prepare joint proposal of laws or to solve conflicts between the Houses.
- The laws of both Houses must adhere to principles of inclusiveness, deliberative decision-making, representativeness in the sense of respecting and protecting minority positions within majority decisions, avoiding oligarchic decision-making processes and preserving the value of diversity.
- The House of the Citizens has the power to initiate legislation affecting the federal budget of the Federation. The House of the States has the power - as is the case with other legislative proposals by the House of the Citizens - to propose amendments in order to adjust legislation affecting the federal budget.
- Each draft law is sent to the other House. If the other House approves the draft, it becomes law. In the event that the other House does not approve the draft law, a bicameral commission is formed - or an already existing bicameral commission is appointed - to mediate a solution. If this conciliation produces an agreement or a proposal of law, this is subject to a majority vote of both Houses.
- Any order or resolution, other than a draft law, requiring the consent of both Houses – except for decisions with respect to adjournment – are presented to the Praesidium and need its approval before they will gain legal effect. If the Praesidium disapproves, this matter will nevertheless have legal effect if two third of both Houses approve.
Section 2 – The Common European Interests
- The European Congress is responsible for taking care of the following Common European Interests:
(a) The viability of the Federation, by regulating policies against existential threats to the safety of the Federation, its States and Territories and its Citizens, be they natural, technological, economic or of another nature or concerning the societal peace.
(b) The financial stability of the Federation, by regulating policies to secure and safeguard the financial system of the Federation.
(c) The internal and external security of the Federation, by regulating policies on defence, intelligence and policing of the Federation.
(d) The economy of the Federation, by regulating policies on the prosperity and welfare of the Federation.
(e) The science and education of the Federation, by regulating policies on the level of wisdom and knowledge of the Federation.
(f) The social and cultural ties of the Federation, by regulating policies on preserving established social and cultural foundations of Europe.
(g) The immigration, including refugees, to and the emigration out of the Federation, by regulating immigration policies on access, safety, housing, work and social security, and emigration policies on leaving the Federation.
(h) The foreign affairs of the Federation, by regulating policies on promoting the values and norms of the Federation outside the Federation itself.
- Appendix III A, being an integral part of this Constitution but not subject to the constitutional amendment procedure, regulates the way in which the Member States decide which powers to entrust to the federal body. It also regulates the contribution of the Citizens on that process.
Section 3 – Constraints on the Member States
- No State will introduce state-level policies or actions that can threaten the safety of its own Citizens, or of Citizens of other Member States.
- No taxes, imposts or excises will be levied on transnational services and goods between the States of the Federation.
- No preference will be given through any regulation to commerce or to tax in the seaports, airports or spaceports of the States of the Federation; nor will vessels or aircraft bound to or from one State be obliged to enter, clear, or pay duties in another State.
- No State is allowed to pass a retroactive law or restore capital punishment. Nor pass a law impairing contractual obligations or judicial verdicts of whatever court.
- No State will issue its own currency.
- No State will, without the consent of the European Congress, impose any tax, impost or excise on the import or export of services and goods, except for what may be necessary for executing inspections of import and export. The net yield of all taxes, imposts, or excises, imposed by any State on import and export, will be for the use of the Treasury of the Federation; all related regulations will be subject to the revision and control by the European Congress.
- No State will have military capabilities under its control, enter any security agreement or covenant with another State of the Federation or with a foreign State, and can only employ military capabilities based on self-defense against external violence when an imminent threat requires this, and only for the duration that the Federation cannot fulfill this obligation. The military capabilities that are used in the above-mentioned situation are capabilities that are stationed on the State’s territory as part of the federal defence force.
Section 4 – Constraints on the European Federal Union
- No money shall be drawn from the Treasury but for use as determined by federal law; a statement on the finances of the Federation will be published yearly.
- No title of nobility will be granted by the Federation. No person who under the Federation holds a public or a trust office accepts without the consent of the European Congress any present, emolument, office, or title of any kind whatsoever from any King, Prince or foreign State.
- No personnel, whether paid or unpaid, of the government, government contractors or entities receiving direct or indirect funding from the government shall set foot on foreign soil for the purpose of hostilities or actions in preparation for hostilities, except as permitted by a declaration of war by the European Congress.
- The income and spending capacity of political parties and of any candidate standing for elections is regulated by the European Congress with a law on the financing of elections.
- No person or entity that has directly or indirectly received funds, favors, or contracts from the government during the last five years may contribute to an election campaign under the sanctions described in clause 6. In addition, any entity seeking to circumvent this limitation shall be fined a sum equal to five years’ turnover, payable on conviction.
- Any contribution, whether direct or indirect, in cash, goods, services or labour, whether paid or unpaid, made to a person seeking elected office must be made public within forty-eight hours of receipt. The contribution from each entity must bear the name of the person or persons responsible for managing the entity. An entity seeking to circumvent this limitation shall be fined a sum equal to five years’turnover, payable on conviction.
- No government employee may accept a position in a private entity that has accepted government funding, favors or contracts for a period of ten years after leaving the government office during the last five years.
- Every institution and agency of government, and every entity or person that has directly or indirectly received government funding, favors or contracts, will be subject to an independent audit every four years, and the results of these forensic audits will be made public on the date of their issue. Any entity attempting to circumvent or avoid this requirement will be fined a sum equal to five years’ turnover, payable in the event of a conviction. Any person seeking to circumvent or avoid this requirement must serve a minimum term of imprisonment of five years.
Section 1 - The Federal Government
- The executive branch is formed by the Federal Government and consists of a President, two Vice Presidents and a Cabinet of Ministers. The President is Head of State and Head of Government, who, together with a first and a second Vice President, forms a Praesidium.
- The President and the two Vice Presidents are simultaneously elected by Citizens of the Federation on the basis of universal suffrage in which the entire territory of the Federation forms one constituency.
- The members of the Cabinet of Ministers are appointed by the President in consensus with the Vice Presidents. The members represent the diversity of the Federation. Each federal Minister heads a Ministry.
- The members of the Praesidium and the Federal Ministers are of high and cultural integrity.
- The decisions of the Federal Government are taken collectively by consensus. In the absence of consensus, the Ministers vote by simple majority. In the event of an equality of votes, the President shall decide after consulting with both Vice Presidents.
- The Praesidium shall ensure that the Federal Government and its institutions implement policies that are in the interest of the Federation as a whole and shall avoid extreme political deviations and the influence of unelected power groups and lobbies that may jeopardize democracy or promote oligarchic or partisan decision-making.
- The Praesidium shall safeguard the integrity of the civil service, by preventing the application of any form of spoils system and party-politically motivated dismissals of personnel of administrative and governmental agencies and bodies.
Section 2 – The election of the President and the Vice Presidents
- The President and the Vice Presidents of the Federation are elected for a term of four years. Their election will be held on the third Friday in the month of October; the first election is to take place in the year 20XX. If one of the candidates for the presidency or vice presidency achieves an absolute majority, she/he is elected President or Vice President. If none of the candidates obtain a majority, a second election between the two candidates who obtained the most votes shall take place within a month. The candidate who receives the most votes in this second round becomes President or Vice President.
- To bridge the period between ratification of the Constitution of the Federation and the first election of its President and Vice Presidents the European Congress appoints from its midst an Acting President and two Acting Vice Presidents. They are not electable as President, or as Vice Presidents, in the first Presidential election of the Federation.
- Electable as President or Vice President is any person who at the time of her/his candidacy, to be set by federal law, has reached the age of thirty-five years, and has been registered as a Citizen of the Federation for at least twelve years.
- The President and the Vice Presidents receive a salary for these positions, set by the European Congress. The salary shall not be increased nor decreased during the term of her/his presidency/vice presidency, and they do not receive any other compensation of any kind from the Federation, nor from any individual State of the Federation, nor from any other public institution within or outside of the Federation, nor from any private institution or person.
- Before the President and the Vice Presidents enter office, they will pledge, in front of the Chief Justice of the Federal Supreme Court of Justice, in the month of January in which their terms begin
s, the following oath or affirmation: “I, [name], solemnly swear/promise that in exercising the powers of the Presidency/(Vice Presidency of the Federation I will fulfill these duties to the best of my abilities: To observe and protect the Constitution of the Federation and the Rule of Law; to protect the sovereignty, security and integrity of the Federation; and to faithfully serve the people of the Federation.”
Section 3 – The vacancy and end of the term of the Presidency and Vice- Presidencies
- The President and the Vice Presidents will be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. In case of removal of the President from office, her/his death or resignation, the First Vice President becomes president while the Second Vice President remains the only Vice President until the next elections.
- If the office of one of the Vice Presidents is vacated, the other Vice President remains or becomes first Vice President. The President will then nominate a Second Vice President who will take office upon confirmation by a majority in both Houses of the European Congress.
- Whenever the President declares, in writing, to both Houses of the European Congress her/his inability to execute the duties of office, the First Vice President becomes President while the Second Vice President remains the only Vice President until the next election.
- The Vice Presidents, together with a majority of the Ministers of the Federal Government, can in writing to the Houses of the European Congress declare the President unfit to serve, after which the First Vice President becomes President while the Second Vice President remains the only Vice President until the next election.
- If the President has declared unfit to serve, she/he can, within five days and in writing, protest and state before the Houses of the European Congress that she/he is fit for office. If so, the Vice Presidents can, together with a majority of the Ministers of the Federal Government, within five days, reiterate their assessment that the President is unfit for office. If the Houses of the European Congress, within twenty-one days after receipt of the latter written declaration, determines by two-third majority in both Houses that the President is unable to serve, the First Vice President will become President. Otherwise, the President will resume the powers and duties of the office.
- The terms of the President and the Vice Presidents end at Noon on the 20th day of January, four years after they have entered office. At the same time the terms of their successors will begin.
- If, at the time fixed for the beginning of the term of the President, the President Elect has died, the First Vice President Elect shall become President, who then appoints a Deputy Vice President. If a President Elect is unable to pledge the oath or affirmation for beginning his office, or if the President Elect has failed to qualify, the First Vice President Elect shall act as President until a President qualifies; and the Congress may by law provide for the case wherein neither a President Elect nor a Vice President Elect qualifies, declaring who shall then act as President or Vice President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President qualifies.
Section 4 – Independent oversight of the executive branch: the Ombudsman Offic
- The European Congress establishes by law the Institute of the Federal Ombudsman Office, charged with monitoring the functioning of the executive branch in relation to the well-being of Citizens.
- The House of the Citizens will elect candidates from the civil society – based on professional achievements and personal qualities – to serve as Ombudsman in relation to one specific ministry of the Federal Government. The length of service in the Ombudsman Office shall be that of the legislative term.
- The Ombudsman Office will operate independently of any other institution.
- The law defines the powers of the Ombudsman Office, including the power to advise the Praesidium to adjust the policies of the executive branch and to make good the damage caused by the executive branch to the well-being of Citizens. A rejection of the Ombudsman's advice by the Praesidium gives the Ombudsman Office the power to refer the matter to Oversight Committees of both Houses of the European Congress for a decision to be taken by the Houses. A rejection of the Ombudsman’s advice by a House requires a two-third majority.
- The Ombudsman Office is authorised to monitor the implementation by the executive branch of the reparation of damage caused to the well-being of Citizens and to assess its quality. If it is insufficient, the Ombudsman Office may bring the matter to the attention of the European Congress and/or the Federal Supreme Court of Justice once again.
Section 1 – The President’s and Praesidium’s powers
- The Praesidium ensures that the policies of the Executive Branch adhere to principles of inclusiveness, deliberative decision-making, and representativeness in the sense of respecting and protecting minority positions within majority decisions, with resolute wisdom to avoid oligarchic decision-making processes.
- The President is Commander-in-Chief of the armed forces and security agencies of the Federation. A Federal emergency law determines the President’s powers in matters of emergency.
- The Praesidium appoints Ministers, Ambassadors, other Envoys, Consuls, and all public officials of the Executive Branch of the Federation whose appointment is not regulated otherwise in this Constitution and whose offices are based on a law. It removes from office all public officials of the Federation after their conviction of treason, bribery or other high crimes and misdemeanors.
- The Praesidium may seek the opinion, in writing, of the principal officer in each of the executive ministries on any subject relating to the duties of their respective offices.
- The Praesidium has the power to grant amnesty and grace for offenses against the Federation, except in cases of impeachment.
- The Praesidium has the power to make treaties, by and with the advice and consent of the House of the States, provided that two third
- Whenever a World Federation invites the Federation to become a member, the Praesidium will organize a decisive referendum on the accession of the Federation to that World Federation.
- The Praesidium organizes once a year a consultative referendum among all Citizen Electors of the Federation in order to obtain the opinion of the European people concerning the execution of the federal policy domains.
Section 2 – The President’s and Praesidium’s tasks
- In a joint session of the European Congress, the President professes once a year the State of the Union, prepared by the Praesidium, and recommends measures that she/he deems necessary.
- The President may, in extraordinary circumstances convene both Houses of the European Congress or either of them.
- The Praesidium receives Ambassadors and other foreign Envoys.
- The Praesidium shall ensure the proper functioning of the Federation as a democratic federation, based on the Rule of Law. The Praesidium sees to it that the laws of the Union are faithfully executed.
- The Praesidium commissions the responsibilities of all government officials of Federation.
Section 1 – The Courts and the Judges
- The judicial power of the Federation is vested in the Federal Supreme Court of Justice. The European Congress may decide to install lower federal courts – Constitutional Courts - in Member States of the Federation. The judges of the Federal Supreme Court of Justice as well as those of the Constitutional Courts, remain in their office as long as their conduct is proper, and until they reach the age of 75. For their services they receive a salary which during their time in office cannot be reduced.
- Judges, both of the Federal Supreme Court of Justice and of Constitutional Courts, are appointed by a Praesidium of Judges. A law by the European Congress shall lay down criteria of the judges’ competence and suitability, and proper representation from all Member States. In no case may the Legislative orExecutive Branches influence the appointment of federal judges. A law by the European Congress shall lay down criteria for judges to recuse themselves from cases where impartiality might reasonably be questioned.
- Justice is administered in the name of the Federation.
- No offence is punishable unless by virtue of a preceding statutory provision.
- Any interference in the investigation and prosecution of cases before the courts, either Federal courts or courts of the Member States, shall be prohibited.
Section 2 – Powers of the Federal Judicial Branch
- The federal judicial branch has the power:
(a) to test laws and executive measures - either from the Federal Government or from Member States - against the federal Constitution;
(b) to invalidate requests and attempts to amend the Constitution which weaken the values of the Preamble and the objectives of Article I, and their safeguards, which restrict the freedoms and rights of Citizens, or which corrupt the statutory coherence of this Constitution, especially as regards the separation of the three powers of the state;
(c) to judge in all conflicts arising under this Constitution with respect to all laws of the Federation;
(d) to test treaties made, or that shall be made under the authority of the Federation, against the federal Constitution;
(e) to judge all cases of a maritime, space and outer space nature;
(f) to judge all cases in which the Federation is a party;
(g) to judge controversies between two or more Member States, between a Member State and Citizens of another Member State, between Citizens of several Member States, between Citizens of the same Member State in matters of property in another Member State and between a Member State or Citizens of that State and foreign States or Citizens thereof.
- The Federal Supreme Court of Justice has the exclusive power in all cases in which Member States, Ministers, Ambassadors and Consuls of the Federation are party. In all other cases, as mentioned in Clause 1, the Federal Supreme Court of Justice is the court of appeal, unless the European Congress decides otherwise by law.
- Except in cases of impeachment, the trial of crimes, as determined by law, will be by jury. These trials will be held in the Member State where the crime has been committed. If they have not been committed within any Member State, the trial will be held at such place or places as determined by law through the European Congress.
Section 3 – Powers of the Federal Supreme Court of Justice
- The Federal Supreme Court of Justice shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of the Constitution;
(b) the validity and interpretation of acts of the institutions.
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Federal Supreme Court of Justice to give a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under Member State law, that court or tribunal shall bring the matter before the Federal Supreme Court of Justice.
The Federal Supreme Court of Justice shall refer a preliminary question to a Constitutional Court if there are doubts concerning the interpretation of the national identity of a Member State.
If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Federal Supreme Court of Justice shall act with the minimum of delay.
- The Federal Supreme Court of Justice shall review the legality of legislative acts, of acts of the institutions, and of acts of the institutions, offices or agencies intended to produce legal effects vis-à-vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the powers on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Constitution or of any rule of law relating to their application, or misuse of powers.
- Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.
Section 4 – High Treason and Death Penalty
- High treason against the Federation shall only consist of levying war against the Federation, or of adhering to its enemies by giving them aid and comfort. No person shall be convicted of high treason without the testimony of at least two witnesses to the crime, or on confession in open court.
- The European Congress has the power to declare the punishment for high treason, but in no way a verdict of high treason shall lead to attainder or confiscation for the offspring of the convicted person.
- The Federation does not implement and repudiates death penalty.
Section 1- The Citizens
- Citizens of the Federation shall enjoy the rights and be subject to the duties provided for in the Constitution. They shall have, inter alia:
(a) the right to move and reside freely within the territories of the Member States;
(b) the right to vote and to stand as candidates in elections to the House of the Citizens;
(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 diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;
(d) the right to petition the House of the Citizens, to apply to the Federal European Ombudsman, to address the institutions and the advisory bodies of the Federation in any of the Federation 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 thereunder.
- The Citizens of each State of the Federation also possess the Citizenship of the Union with all the associated political and other rights. They receive a single passport, issued by one's own Member State, stating Citizenship of the Federation. The Citizens of a member State are also entitled to all rights and favors of the Citizens of any other State of the Federation.
- According to Article II, Section 1, Clause 3 all Citizens of the Federation over the age of eighteen, unless they lack capacity due to mental illness or mental incapacity, may participate in elections to the House of the Citizens. They may launch or support popular initiatives on federal affairs. They may be elected delegates of the House of the Citizens, provided they meet the requirements of Article III on competence and suitability.
(a) The way in which scientific institutes, political parties, associations, societal movements, and other organizations may contribute to the forming of public opinion is regulated by a law of the European Congress for the verification and control of possible conflicts of interest that may exist between them and the media.
(b) Access to transparent and objective information will be ensured through the creation of Citizens’ Panels by a law of the European Congress. These Citizen’s Panels should serve as a space for debate and the creation of a well-balanced public opinion, working as a link between different sources of information and citizens.
(c) Transparency shall be ensured by a law of the European Congress with respect to the ownership structures of the media, as well as their relationship with parties, companies or positions that may influence or shape public opinion. These media will be encouraged to participate in the Citizens’ Panels by meeting certain requirements.
- Citizens of the Federation have the right to present a legislative proposal to the European Congress, in the form of a draft law. If a minimum of 1% of the Citizens of the Federation support this draft law, this will be laid down as a People’s Initiative at the Registry of the House of Citizens. A People’s initiative can have the form of an amendment to the Federal Constitution. Any People’s Initiative shall meet the requirements of consistency of form and content and shall not infringe mandatory provisions of international law. If these requirements are not met, the Federal Court of Justice of the Federation will declare it invalid, in whole or in part.
- Within half a year of its registration, both Houses of Congress make a final decision regarding the People’s Initiative. In case the presented draft law is accepted, by a simple majority by both Houses, it will become federal law. The European Congress may submit a counterproposal to the People’s Initiative. In this case, or if the People’s initiative is approved by only one of the Houses, the Praesidium will organize a referendum. The House that did not approve the People’s initiative may submit a counterproposal.
- The Citizens vote on the initiative and the possible counterproposal at the same time. The Citizens may vote in favour of both proposals. They may indicate the proposal that they prefer if both are accepted. The proposal that comes into force is that which achieves the higher sum of the percentage of votes of the Citizens.
- In case of a People’s Initiative in the form of an amendment to the Constitution, the ratification must follow the same procedure of Article VIII.
- The following must be put to a referendum:
(a) a decision on ratification of an international treaty and on accession of the Federation to collective security organizations, supranational communities or international organizations;
(b) federal emergency laws which are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal laws must be put to a vote within a year of being approved by the European Congress.
- The following may be put to a referendum:
(a) federal laws;
(b) federal executive measures required by the Constitution or a law.
- All referendums must, within three months, be preceded by Citizens' Panels organized by the House of the Citizens with the aim of preparing European Citizens for the vote by providing information on the proposals. On the basis of the outcome of the Citizens' Panels, the European Congress may submit a counterproposal. An act of the European Congress shall lay down the methods for voting on the proposal of the Citizens and on the proposal of the European Congress.
Section 2 – The States
- Full faith and credit will be given in each Member State to the public acts, records, and judicial proceedings of all other States. The European Congress may prescribe by general law the manner in which such acts, records and proceedings will be proved, and the effects thereof.
- The Member States of the Federation have the exclusive power to regulate matters of national Citizenship. A State’s Citizenship is valid in any other State of the Federation.
- States may join the Federation with the consent of a simple majority of the Citizens of the Federation and of a two-third majority of each House of the European Congress, in this order. The European Congress shall lay down by law the requirements to be met by States acceding to the Federation
- Member States may leave the Federation by the same route as indicated in Clause 3. By law of the European Congress, the financial obligations of such Member States are determined.
- All debts entered, and engagements contracted by States acceding to the Federation at the time of its entry into force will remain valid within the Federation. States acceding to the Federation after the Federation having come into force retain their debts and are bound to the laws of the Federation as of the moment of their accession.
- Any change in the number of Member States of the Federation will be subjected to the consent of a majority of the Citizens of the concerned Member States, a two-third majority of the Legislative Branches of all Member States and a two-third majority of each House of the European Congress, in that order.
- A person convicted in any State of the Federation for high treason, felony, or other crimes, fleeing from justice and found in a different member State, will at the request of the executive authority of the State from which he/she fled, be surrendered to the State with jurisdiction relating to that crime.
- Slavery or any form of compulsory servitude, except in case of a temporary punishment for a crime for which the said person has been lawfully convicted, will be ruled out in the Federation and in any territory under federal jurisdiction.
Section 3 – The Federation
- The Federation shall ensure that democracy, rule of law, justice, solidarity, diversity of national and regional cultures, and respect for minorities are preserved and guaranteed in every Member State. It will protect them against
invasions and attacks, at the request of the Legislative Branch, or that of the Executive Branch in case the Legislative Branch cannot convene, against unlawful violence within the Federation.
- The Federation will not interfere with the internal organization of the States of the Federation, but still demands that those states as democratic states will be governed by the rule of law.
The European Congress is authorized to propose amendments to this Constitution, each time a two third majority in both Houses consider this necessary. If the legislative branches of two-third of the Member States, consider it necessary the European Congress will hold a Convention with the assignment of proposing amendments to the Constitution. In both cases the amendments will be a valid part of the Constitution following ratification by three quarters of the Citizens of the Federation, three quarters of the legislative branches of the Member States and three quarters of each House of the European Congress, in this order.
- This Constitution and the laws of the Federation that will be made in connection with the Constitution, and all treaties, made or to be made under the authority of the Federation, are the Supreme Laws of the Federation. The judges in every Member State will be bound hereby, notwithstanding any other regulation or law of any Member State.
- 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 Federation and of the Member States, will be bound by an oath or affirmation to support this Constitution. No religious test shall ever be required as a qualification for any office or public trust under the Federation.
- The Federal Constitution for the Federation is submitted for ratification to the Citizens of Europe. Those who are eligible to vote may do so. The vote is secret and not susceptible to fraud.
- If a simple majority of the electorate of all participating states vote to ratify the Constitution, followed by ratification by their national parliaments, it will enter into force and the Federation will be established, subject to relevant provisions in the national Constitutions of the acceding States.
- If the electorate of nine countries or regions ratify the constitution by a simple majority, the Federation will be established in accordance with Article 20 of the Treaty on the European Union and joins as an enhanced form of cooperation the European Union with the aim, among other things, of encouraging the other Member States of the European Union to join the Federation.