Independence of the 3 powers

[Manuel Galinanes]

In Section 1; point 2 it is written “Both houses have the power to initiate laws. Each draft law of a House will be presented to the President of the United States of Europe. If he/she approves the draft he/she will sign it and forward it to the other House. If the President does not approve the draft he/she will return it, with his/her objections, to the House initiating the draft…….”

I would like to make the following remark on this point for consideration of the 55+ members: It seems that in this draft the President is given legislative power. I think the legislative, executive, and judiciary powers should be completely separated. Thus, the two Houses (of Citizens and of the States) will hold the legislative power and the President will have the executive power only. The judiciary power should also be independent of the other two powers.

If we accept the above, the separation of the three powers, then Section 1; point 3 would not make sense since the approval or not of laws will depend exclusively on the two Houses and not on the President. Therefore, point 3 should be removed.

[Lars Næsbye Christensen]

I don’t see how the President has a legislative power here. The President cannot initiate laws, but merely send them back for a revision, and the law will enter into effect if 2/3 majority backs it anyway. This is further reaching and more democratic than, say, many constitutional monarchies in Europe where the law cannot come into effect at all unless the head of state signs it.

The President can make executive orders, which are not laws and must not be in contradiction with laws. These are similar to the powers that governments normally have.

[Autor]

Mesaje