31 May 2012

Two supplements

In the previous post, I have finished the chapter dealing with basic rights and now, I am to write about institutions of the federation. But I will begin with it only from the next post; now, I have to return again to what I have already written.
I decided (I hope last time) to modify the preamble and to complete the competencies of the federation. All that under the impression of observing present crisis of Europe and the European Union. Present European Union is not only in an economic crisis but also in a crisis of values which the EU is constructed on. Robert Schuman declared in 1950 that economic unification by small steps will bring Europe nearer to the main and final goal, to creation of a political federation. But nowadays, after more that half of the century, when we have a club of states with a noble name “Union” we are not the nearer to creation of a federation than in the year 1950. There are two main reasons of it: The first reason is that action of politicians of European states with regard to unification of Europe is separated from will and wishes of the people - “leaders of the European Union”, as the common phrase of mass media reads, come together somewhere in a summit and they adopt a decision … and the people of Europe can only observe it from afar. I only remark to them who read this from western Europe that exactly so communist rulers acted in eastern Europe before 1990 (the only difference was that there was not said “summit” but “congress” (of the Party) and it ran in the domestic framework of a state). The second reason of the present condition is lack of solidarity among Europeans. Inhabitants of individual European states consider each other as foreigners and they do not see any reason why to be sympathetic among each other. For example, attitude of Europeans towards Greeks is typical for present Europe – they are according to them lazy and they want not to give them anything from their own. But such action is not possible in a federation, it is impossible to hold a federation together without sense of mutual solidarity, passionately said without sense of brotherhood. A simple question is: do anything the present European political elites so that Europeans from different parts of Europe feel brothers to each other and members of the same community?
I know that no sense of brotherly solidarity will be established in practice by a mere declaration in a constitution's preamble but all the same, the preamble of the European federal constitution should at least constantly remind what is to be strived for. Therefore I changed my previous words “mutual solidarity” in my suggestion of the preamble for “brotherly solidarity”. The text reads now as follows (the change is underlined):

We, the people of Europe,

conscious of prior division and dissensions sequent on it;
conscious of prior tyrannies which brought about the worst suffering and destruction in history;
striving therefore for a permanent union
that will ensure peace, democracy, brotherly solidarity,
that will ensure liberty for its people,
that will promote the common welfare through social justice,
that will preserve its diversity,
that will preserve natural environment,

adopt this Constitution of the European Union.

The second completion – as I have written – concerns competencies of the federation. Observing the present European Union, I realized that a true federation must (unlike the present intergovernmental club of states) struggle that there is similar living standard in all parts of the federation. It requires necessarily that a support goes in the long run from more affluent parts of the federation in less fortunate parts of it. On the one hand, the brotherly solidarity mentioned in the preamble looks like this, on the other hand, it is an absolutely practical measure which prevents that the federations disintegrates on the grounds of economic tension (as we see in so called Eurozone now (thought it is not a federation)). This power has to be given to the federation and it is an additional reason why the federation must have its own resources. But because apportioning money to the member states can be a strong “weapon” for the federation with which it could too interfere with action of the member states, beyond its constitutional competencies (as it occur in the United States of America where the federation makes apportioning budget funds dependent on fulfilling demands towards the member states which it according to the federal constitution has not right  to), it is necessary as well to formulate limitation of this federal power. I put these pre-requisites in the following provision:

9. Strengthening of unity of the Union

The Union, for the sake of strengthening and preserving social and economic unity of the Union, issues laws striving for achieving equal living conditions in all territory of the Union and equalization economic differences among its particular parts and it takes measures for this purpose. It is doing it not allowed to interfere with competencies of the member states which are not expressly transferred by this constitution to the Union.

But not only an economic, also a social solidarity must exist if all citizens of the federation shall consider themselves as members of the same brotherly society. It is therefore necessary to give competencies to the federation also in the social field, I want however not remove the right to manage this field from the member states, so I formulated on the ground of it cooperation of both parties in the social field, namely as follows:

10. Social protection

(a) The Union cooperates with the member states in order that every citizen of the Union is provided with proper and in all territory of the Union equal healthcare.
(b)  The Union cooperates with the member states in order that  every citizen of the Union receives the worthy old age security.