d[021029] x[Kiviaho Allan] z[KivA-2CSxm il_strat interlng coollist]
s[CONVENTION EUROPEE. Constitution Europee. Projecto preliminar
2002-10-28]
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Estimate Communitate Interlinguista,
Heri era publicate un documento multo importante,
acutemente observate per 28 membros e candidatos
membros (non oblidante Turchia) del Union Europee:
Le projecto preliminar pro le constitution europee
per le Convention del Futuro de Europa, presidite
per Valéry Giscard d'Estaing.
Nonobstante que es le valor del documento per se illo
offere un chance excellente a provar como apte
Interlingua es como un lingua commun pro cosas practic
in Europa, in le Americas e ubique ubi prevale le
cultura greco-roman - si nos traduce le documento a
interlingua.
Legiones e cohortes interlinguan! Io exhorta vos
a traducer iste documento a interlingua. Illo es multo
utile pro cosa nostre - e bon exercitation a omne
interlinguistas.
Il hasta! Evelia, le heroessas e heroes de travalio!
Io va inviar le documento in anglese, italiano e
espaniol.
Salutante
Allan Kiviaho
=============================================
Kiviaho Allan
SILY - Suomen Interlinguayhdistys ry.
FILF - Föreningen för Interlingua i Finland
AFIL - Association Finlandese pro Interlingua
Kivimäentie 16 E. FIN-01620 VANTAA. Finlandia
[log in to unmask]
http://www.kolumbus.fi/allkiv
http://www.interlingua.dk/2001.htm
http://www.interlingua.com
Tel. + 358 - 09 - 898 720
GSM + 358 - 050 - 3616 759
=============================================
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
CONV 369/02 1
EN
THE EUROPEAN CONVENTION
THE SECRETARIAT
Brussels, 28 October 2002
(OR. fr)
CONV 369/02
COVER NOTE
from Praesidium to The Convention
Subject : Preliminary draft Constitutional Treaty
Attached is the preliminary draft Constitutional Treaty, drawn
up by the Praesidium, which the President will present at the
Plenary session on 28 October 2002.
CONV 369/02 2
EN
Preliminary draft
[The aim of this text is to illustrate the possible
articulation of a treaty. The inclusion (or non inclusion) in
Part I of some articles, and the exact content of others, will
depend on the Convention's proceedings. Their treatment in this
text is in no way intended to prejudge the result of the
Convention's debates.]
TREATY
ESTABLISHING A CONSTITUTION FOR EUROPE
A. TABLE OF CONTENTS
PREAMBLE
PART ONE: CONSTITUTIONAL STRUCTURE
Title I: Definition and objectives of the Union
Article 1:
Creation of the [European Community, European Union, United
States of Europe, United Europe] 1
Article 2:
Values
Article 3:
Objectives
Article 4:
Legal personality
Title II: Union citizenship and fundamental rights
Article 5:
Citizenship of the Union
Article 6:
Charter of Fundamental Rights
1 References to "Union" would be replaced throughout the text
by "European Community", "European Union", United States of
Europe" or "United Europe", if it were decided to change
the Union's name.
CONV 369/02 3
EN
Title III: Union competences and actions
Article 7:
Fundamental principles: conferred competence, subsidiarity,
proportionality.
Article 8:
Respect for fundamental principles: the limits of conferred
competence. Monitoring subsidiarity and proportionality.
Primacy of Community law. Evolution over time.
Article 9:
Categories of competences: definition.
Article 10:
Exclusive competences.
Article 11:
Shared competences.
Article 12:
Areas for supporting action.
Article 13:
Common foreign and security policy; common defence policy;
policy on police matters and crime.
Title IV: Union institutions
Article 14:
The institutional structure common to actions conducted by the
Union and to those conducted jointly by the Member States
within the Union framework.
Article 15:
European Council: composition, role, missions.
Article 15 bis
Presidency of the European Council.
Article 16:
European Parliament: composition, attributions.
Article 17:
Council: composition, attributions.
Article 17 bis
Presidency of the Council.
Article 18:
Commission: composition; attributions (sole power of
proposal).
Article 18 bis
Presidency of the Commission.
Article 19:
Congress of the Peoples of Europe.
Article 20:
Court of Justice.
Article 21:
Court of Auditors.
Article 22:
European Central Bank.
Article 23:
The Union's advisory bodies.
CONV 369/02 4
EN
Title V: Implementation of Union action
Article 24:
The instruments of the Union: e.g. European laws, framework
laws, European decisions (precise list to reflect the
conclusions of Working Group IX).
Article 25:
Legislative procedures: adoption of laws and framework
laws.
Article 26:
Procedures for the adoption of decisions.
Article 27:
Procedures for the adoption of implementing measures.
Article 28:
Procedures for implementing supporting actions (including
programmes), and monitoring them.
Article 29:
Common foreign and security policy.
Article 30:
Common defence policy.
Article 31:
Policy on police matters and crime.
Article 32:
Enhanced cooperation.
Title VI: The democratic life of the Union
Article 33:
The principle of democratic equality among Union
citizens.
Article 34:
The principle of participatory democracy.
Article 35:
Uniform electoral law for European Parliament elections.
Article 36:
Transparency of the Union's legislative debates.
Article 37:
Voting rules in Union institutions. Implementation of the
possibility of "constructive abstention", and its
consequences.
Title VII: Union finances
Article 38:
The Union's resources.
Article 39:
The principle of budgetary balance.
Article 40:
The Union's budgetary procedure.
Title VIII: Union action in the world
Article 41:
The external representation of the Union.
CONV 369/02 5
EN
Title IX: The Union and its immediate environment
Article 42:
Privileged relations between the Union and neighbouring
States.
Title X: Union Membership
Article 43:
A Union open to all the European States which strictly respect
its values and fundamental rights and accept its rules of
operation.
Article 44:
Procedure for accession to the Union.
Article 45:
Suspension of Union membership rights.
Article 46:
Withdrawal from the Union.
PART TWO: UNION POLICIES AND THEIR IMPLEMENTATION
This part would contain the legal bases. For each area it
should specify the type of competence (Title III) and the acts
and procedures (Title V) to be applied, in line with what is
decided for
Part I. Technical amendments will be necessary to ensure that
Part II correctly matches Part I.
A. POLICIES AND INTERNAL ACTION
A1. INTERNAL MARKET
I. Free movement of persons and services
1. Workers;
2. Freedom of establishment;
3. Freedom to provide services;
4. Visas, asylum and immigration and other policies related to
the movement of persons.
II. Free movement of goods
1. Customs union;
2. Prohibition of quantitative restrictions.
CONV 369/02 6
EN
III. Capital and payments
IV. Harmonisation of legislation.
A2. ECONOMIC AND MONETARY POLICY
A3. POLICIES IN OTHER SPECIFIC AREAS
I. Competition rules
II. Social policy
III. Economic and social cohesion
IV. Agriculture and fisheries
V. Environment
VI. Consumer protection
VII. Transport
VII. Trans-European networks
IX. R and D.
A4. INTERNAL SECURITY
Policy on police matters, and against crime
A5. AREAS WHERE THE UNION MAY TAKE SUPPORTING ACTION
I. Employment
II. Public health
III. Industry
IV. Culture
V. Education, professional training, youth
B. EXTERNAL ACTION
I. Commercial policy
II. Development cooperation
III. External aspects of policies covered in Chapters A1 to A4
CONV 369/02 7
EN
IV. Common foreign and security policy
1. Foreign policy
2. Crisis management
V. The conclusion of international agreements
C. DEFENCE
D. THE FUNCTIONING OF THE UNION
Institutional and procedural provisions; budgetary provisions. 1
PART THREE: GENERAL AND FINAL PROVISIONS
Last Title: Repeal of previous treaties. Legal continuity in
relation to the European Community and the European Union.
Territorial application
Protocols
Revision procedures
Adoption, ratification, and entry into force
Duration
Languages.
1 The extent of the institutional and procedural provisions in
this (2nd) Part will depend on the degree of detail in Part 1.
One could also envisage that such provisions in this Part would
deal only with inter-institutional procedures: provisions
concerning arrangements internal to the institutions could be
set out in Protocols.
CONV 369/02 8
EN
B. SUMMARY DESCRIPTION
PART ONE: CONSTITUTIONAL STRUCTURE
PREAMBLE
TITLE I: DEFINITION AND OBJECTIVES OF THE UNION
Article 1
- Decision to establish [an entity called the European
Community, European Union, United States of Europe, United
Europe].
- A Union of European States which, while retaining their
national identities, closely coordinate their policies at the
European level, and administer certain common competences on a
federal basis.
- Recognition of the diversity of the Union.
- A Union open to all European States which share the same
values and commit themselves to promote them jointly.
Article 2
This article sets out the values of the Union: human dignity,
fundamental rights, democracy, the rule of law, tolerance,
respect for obligations and for international law.
Article 3
Objectives of the Union
This article establishes the general objectives, such as:
- protection of the common values, interests and independence
of the Union
- promotion of economic and social cohesion
- strengthening of the internal market, and of economic and
monetary union
CONV 369/02 9
EN
- promotion of a high level of employment and a high degree of
social protection
- a high level of environmental protection
- encouragement for technological and scientific progress
- creation of an area of liberty, security and justice
- development of a common foreign and security policy, and a
common defence policy, to defend and promote the Union's values
in the wider world. These objectives shall be pursued by
appropriate means, depending on whether competences are
allocated wholly or partly to the Union, or exercised jointly
by the Member States.
Article 4
Explicit recognition of the legal personality of the [European
Community/Union, United States of Europe, United Europe]
TITLE II: UNION CITIZENSHIP AND FUNDAMENTAL RIGHTS
Article 5
This article establishes and defines Union citizenship: every
citizen of a Member State is a citizen of the Union; enjoys
dual citizenship, national citizenship and European
citizenship; and is free to use either, as he or she chooses;
with the rights and duties attaching to each.
The article sets out the rights attaching to European
citizenship (movement, residence, the right to vote and to
stand as a candidate in municipal elections and elections to
the European Parliament, diplomatic protection in third
countries, right of petition, right to write to, and obtain a
reply from, the European institutions in one's own language).
The article establishes the principle that there shall be no
discrimination between citizens of the Union on grounds of
nationality.
CONV 369/02 10
EN
Article 6
The wording of this article will depend on the proceedings of
the Working Group on the Charter. It could be modelled on
Article 6 of the Treaty on European Union.
It could:
- either refer to the Charter;
- or state the principle that the Charter is an integral part
of the Constitution, with the articles of the Charter being set
out in another part of the Treaty or in an annexed protocol;
- or incorporate all the articles of the Charter.
TITLE III: UNION COMPETENCE AND ACTIONS
Article 7
This article sets out the principles of Union action, which
must be carried out in accordance with the provisions of the
treaty, within the limits of the competences conferred by the
treaty, and in compliance with the principles of subsidiarity
and proportionality.
Article 8
This article establishes the principle that any competence not
conferred on the Union by the Constitution rests with the
Member States. It establishes the primacy of Union law in the
exercise of the competences conferred on the Union. It would
set out the rules for effective monitoring of subsidiarity and
proportionality. The role of National Parliaments in this
respect would be mentioned. It determines the rules governing
the adaptability of the system (Article 308). It sets out the
obligation of loyal cooperation of Member States vis- ŕ-vis
the Union, and the principle that the acts of the Institutions
are implemented by the Member States.
CONV 369/02 11
EN
Article 9
This article lists the categories of Union competence.
Article 10
This article indicates the areas of exclusive Union competence.
Article 11
This article indicates the areas of competence shared between
the Union and the Member States. It establishes the principle
that, as and when the Union takes action in these areas, the
Member States may act only within the limits defined by the
Union legislation.
Article 12
This provision indicates the areas in which the Union supports
or coordinates action by the Member States, but does not have
competence to legislate.
Article 13
In certain areas the Member States may define and pursue common
policies, within the Union framework and according to specific
rules. This article indicates these areas.
TITLE IV: UNION INSTITUTIONS
Article 14
This article:
- establishes that the Union has a single institutional
structure;
- stipulates that this structure shall ensure the
consistency and continuity of the policies and activities
carried out in order to attain the Union's objectives -
activities both in the areas of competence allocated wholly or
partly to the Union and in those areas in which competence
belongs to the Member States and is jointly exercised by them;
- lists the institutions of the Union;
- establishes the principle whereby each institution acts
within the limits of the powers conferred upon it by this
treaty, in accordance with the procedures and under the
conditions and for the purposes laid down in this treaty in
each area;
CONV 369/02 12
EN
- enjoins the Institutions to provide and promote open,
effective and unostentatious administration;
- establishes the principle of loyal cooperation in relations
between the institutions.
Article 15
This article defines the European Council, its composition and
its tasks.
Article 15 bis
When the Convention has discussed it, this article could
establish the term of office and appointment procedure for the
Presidency of the European Council, its role and
responsibilities.
Article 16
This article establishes the composition of the European
Parliament, the members of which are elected by direct
universal suffrage. It lists the powers of the European
Parliament, and provides for the possibility of the European
Parliament introducing a motion of censure on the activities
of the Commission, and the procedure and consequences of such
a motion.
Article 17
This article lists the composition and the duties of the
Council, and would refer to the Council's formations.
Article 17 bis
This provision establishes the rule governing the appointment
of the Presidency of the Council, its role, responsibilities,
and term of office.
Article 18
This article would contain the provisions governing the
composition and duties of the Commission (including monopoly of
initiative). According to the future deliberations of the
Convention, it would envisage the Commission either as a small
college or as a larger body, and would set out its
decision-making rules.
CONV 369/02 13
EN
Article 18 bis
This article would establish the role and appointment procedure
for the Presidency of the Commission.
Article 19
This article would raise the possibility of establishing a
Congress of the Peoples of Europe, determine its composition
and the procedure for appointing its members, and define its
powers. (It would be drafted in the light of the Convention's
work.)
Article 20
This article sets out the composition and powers of the Court
of Justice, and the Court of First Instance, and the principal
grounds for bringing action in the Court.
Article 21
This provision sets out the composition and powers of the
Court of Auditors, and its mandate.
Article 22
This article would define the composition and tasks of the
European Central Bank, as well as the composition of its
Governing Council and Executive Board.
Article 23
This provision should establish that the European Parliament,
the Council and the Commission will be assisted by an Economic
and Social Committee and a Committee of the Regions, organs
acting in an advisory capacity.
TITLE V : IMPLEMENTATION OF UNION ACTION
Article 24
This article lists the different instruments available to the
Union's institutions for the exercise of their competences.
CONV 369/02 14
EN
Article 25
Clear description of the legislative procedures of the Union:
procedures for the adoption of laws and framework laws, etc.
Article 26
Clear description of the procedures for the adoption of
decisions, etc.
Article 27
Description of implementing procedures in respect of the
instruments listed at Article 24, and how their operation is
to be monitored.
Article 28
This article should define the procedures for the
implementation of supporting actions (including programmes)
and the arrangements for monitoring them.
Article 29
This article would set out implementing procedures in the
sphere of common foreign and security policy.
Article 30
This article would set out implementing procedures in the
sphere of common defence policy.
Article 31
This article would set out implementing procedures for policies
on police matters and against crime.
Article 32
This provision should establish:
- the conditions for undertaking enhanced cooperation within
the framework of the Treaty;
- if necessary, areas of the Treaty excluded from enhanced
coooperation;
- the principle of applying the relevant provisions of the
Treaty in adopting the acts necessary for implementing
enhanced cooperation;
- the obligations of states participating in enhanced
cooperation, and of those not so participating.
CONV 369/02 15
EN
TITLE VI : THE DEMOCRATIC LIFE OF THE UNION
Article 33
This article establishes the principle that all Union citizens
are equal vis-ŕ-vis its institutions.
Article 34
This article sets out the principle of participatory democracy.
The Institutions are to ensure a high level of openness,
permitting citizens' organisations of all kinds to play a full
part in the Union's affairs.
Article 35
This provision would refer to a protocol containing provisions
for elections to the European Parliament by a uniform
procedure in all Member States.
Article 36
This provision establishes the rule that the legislative
debates of the European Parliament and of the Council in its
legislative form shall be public.
Article 37
This provision would establish the voting rules of the Union's
institutions, including the definition of qualified majorities,
and the implementation of the possibility of "constructive
abstention" and its consequences.
TITLE VII: THE FINANCES OF THE UNION
Article 38
This provision states that the Union budget is fully financed
by own resources and sets out the procedure for establishing
the system of own resources.
CONV 369/02 16
EN
Article 39
This provision should contain the principle that the budget
should be in balance, as well as provisions concerning
budgetary discipline.
Article 40
This article should:
- specify that all Union revenue and expenditure should be the
subject of forecasts for each financial year and should be
entered in the budget;
- describe the procedure for adopting the budget.
TITLE VIII: UNION ACTION IN THE WORLD
Article 41
This provision should set out who represents the Union in
international relations, taking account of competences already
exercised by the Community. In the light of the Convention's
future work, it would define the role and future rank of the
High Representative for Common Foreign and Security Policy.
TITLE IX: THE UNION AND ITS IMMEDIATE ENVIRONMENT
Article 42
This article could contain provisions defining a privileged
relationship between the Union and its neighbouring States, in
the event of a decision on the creation of such a relationship.
TITLE X: UNION MEMBERSHIP
Article 43
This article establishes the principle that the Union is open
to all European States which share its values and wish to
pursue them jointly, which strictly respect fundamental
rights, and which accept the Union's rules of operation.
CONV 369/02 17
EN
Article 44
This article establishes the procedure for accession of new
member states to the European Union.
Article 45
This article establishes the procedure for suspension of Union
membership rights if a Member State violates the principles
and values of the Union.
Article 46
This article would mention the possibility of establishing a
procedure for voluntary withdrawal from the Union by decision
of a Member State, and the institutional consequences of such
withdrawal.
PART TWO: UNION POLICIES AND THEIR IMPLEMENTATION
This part would contain the legal bases. For each area it
should specify the type of competence (Title III) and the acts
and procedures (Title V) to be applied, in line with what is
decided for
Part I. Technical amendments will be necessary to ensure that
Part II correctly matches Part I.
PART THREE: GENERAL AND FINAL PROVISIONS
Final Title: Article x
Repeal of previous treaties. Legal continuity in relation to
the European Community and the European Union.
Article x + 1
Territorial application.
Article x + 2
Protocols: the protocols annexed to the treaty form an integral
part of it.
CONV 369/02 18
EN
Article x + 3
Procedure for revision of the constitutional treaty.
Article x + 4
Adoption, ratification, and entry into force of the
constitutional treaty.
Article x + 5
Duration: the treaty is concluded for an unlimited period.
Article x + 6
Languages: in which the Treaty is drawn up and which are
authentic.
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