09 November 2012

Assembly of the Union - constitutional text

In this post, I bring a summary of my previous posts dedicated to the parliament of the European federation in the form of a suggestion of a constitutional text. There are some things that I not discussed aerlier because I realized them only writing this text. First, I added imprisonment to conditions under which a deputy loses his mandate. A reason is obvious, I suppose. Second, I realized that I had given the right to have its representative in the European federal parliament to associated states (see this post), so I had to regulate their position in this constitutional text. And third, I completed in the article about lawmaking that all laws anticipated by the constitution (by words "details are stipulated by the law" or similar) must be subjected to a plebiscite as the constitution itself (because they are in fact a part of the constitution, although a separated one by their form).

Title 4 – Institutions of the Union
Chapter 1 – Assembly of the Union

Article 31 – Assembly and its chambers

1. Legislative power if not exercised directly by the people as well as other competencies stipulated by this constitution belong to the Assembly of the Union.
2. The Assembly of the Union consists of two chambers, the House of the People and the House of States. Both chambers are equal to each other.
2. The Assembly of the Union has its seat in the Federal Region of Brussels. In the case of exceptional circumstances, each chamber can sit in other place of the Union.
3. The House of the People and the House of States have separate sessions.
4. A resolution of the Assembly of the Union requires assent of both chambers.
5. Each chamber can take a resolution if at least two thirds of their respective members are present.
6. Each chamber can take its own resolution or decision. Assent of majority of its members is required.
7. Both chambers are in permanent sessions. The total period for which a session of one chamber may be adjourned shall not exceed 150 days in one year.
8. The Assembly of the Union may not be dissolved.
9. The first session of each chamber of the Assembly of the Union is called by a Chancellor of the Union no later than the thirtieth day after the election or appointment of deputies of the respective chamber. If not done so, the respective chamber meets on the thirtieth first day after the election or appointment of deputies of the respective chamber.
10. Sessions of the chambers and their committees are public. The public can be excluded solely for serious reasons stipulated by the law.
11. Each chamber elects within itself its President and two Vice-Presidents and dismisses them.
12. Each chamber establishes committees and assigns deputies to them.
13. The law of rules of procedure regulates work of each chamber.
14. Each chamber has the right to start investigation in the public interest and to summon all persons discharging public functions.

Article 32 – Rights and duties of members of the Assembly of the Union

1. Nobody is allowed to be a member of the Assembly of the Union and to hold any constitutional or other salaried office of the European Union, of any member state or its autonomous entity or of any other territory of the Union. Nobody is allowed to be member of both chambers.
2. A member of the Assembly of the Union votes only according to his conscience and to interests of the people that he represents and according to the constitution of the Union. He may not vote following instructions of any other person or by proxy. Every member of the Assembly of the Union has one vote in voting.
3. A member of either of two chambers may not be prosecuted or subjected to inquiry with regard to statements or voting made in the exercise of his mandate.
4. A member of the Assembly of the Union may be prosecuted, restricted in his free movement or arrested only with consent of the chamber of which he is a member unless caught while committing a criminal act. The detention of a member of the Assembly of the Union or the prosecution against him is suspended during a session or for its entire duration if the respective chamber requires it.
5. Members of the Assembly of the Union receive a salary and a compensation for the costs of their travel to the seat of the Assembly of the Union paid from means of the Union. To receive any other remunerations is inadmissible.
6. The mandate of a member of the Assembly of the Union becomes effective by his election.
7. Every member of the Assembly of the Union takes the oath at the first session of his chamber which he attends. The oath of the member of the Assembly of the Union reads: “I, … (name of a person), solemnly pledge now to work for welfare of the people of the European Union, to represent it in compliance with my conscience and to fulfill the spirit of the constitution of the Union.”
8. The mandate of a member of the Assembly of the Union expires by
(a) expiration of the term of mandate,
(b) refusing to take the oath or taking the oath with reservations,
(c) resignation,
(d) death,
(e) exercise of an incompatible function,
(f) recall,
(g) imprisonment.
9. Every member of the Assembly of the Union has the right to put questions to members of the Council of Chancellors regarding their authority; they have the duty to respond verbally or by writing no later than in thirty days.
10. Representatives of the associated states have all rights and duties as other members of the Assembly of the Union with exception of the right to vote and to access to confidential information.
11. The law stipulates details of rights and duties of members of the Assembly of the Union.

Article 33 – Lawmaking

1. Every member or a group of members of the Assembly of the Union has the right to submit a draft bill.
2. Every bill is discussed first in the chamber to which it was submitted.
3. Every bill is discussed in three readings in each of the chambers. In the first reading, all members of the respective chamber become acquainted with a bill and they decide whether they will consider it further; in the second reading, draft amendments that may refer only to the discussed matter can be added to the bill; in the third reading, the chamber finally decides whether the bill is passed or rejected. Every reading is accompanied by a general debate that can be left out on request of majority of present members of the respective chamber. No less than twenty days may elapse between individual readings. Details are stipulated in the laws of procedure of each respective chamber.
4. The law about declaration of war and the law terminating state of war are discussed in each chamber only in one reading.
5. Assent of majority of members of the respective chamber is required in each of the chambers to adopt a law or a resolution of the Assembly of the Union.
6. If one chamber expresses its assent to a bill, it is without unnecessary delay advanced to the other chamber. Assent of both chambers is required to pass a bill.
7. A draft law adopted by the Assembly of the Union with exception of the law about declaration of war and the law terminating state of war is without unnecessary delay advanced to the Council of Chancellors. It either expresses its assent to the draft law or sends it with explanations back to the Assembly of the Union. Each chamber votes again about the returned draft law in one reading, amendments are not allowed. A majority of four seventh of members of each chamber is required to adopt the law.
8. An adopted law is inscribed in the Official Journal of the European Union. It takes effect when it is inscribed in the Official Journal unless the law itself stipulates otherwise.
9. Laws completing the constitution of the Union anticipated by the constitution itself require adoption in a federal plebiscite to become effective.
10. An adopted law must not be contrary to the constitution of the Union and must not have retroactive effect.
11. Regulation of more unrelated affairs may not be involved in one law.
12. The law about declaration of war must contain a reason of a declaration of war, definite determination of an enemy and an objective of military actions.

Article 34 – House of the People

1. The House of the People consists of deputies who represent the people of the European Union. The number of deputies must not exceed 567.
2. The people of every member state, of every federal territory as well as of the Federal Region of Brussels is represented according to a number of their inhabitants with respect to the principle of degressive proportionality. The people of any member state and of the Federal Region of Brussels may not be represented by less than three deputies, the people of every federal territory is represented by one deputy. Details are stipulated by the law.
3. Deputies of the House of the People are elected in general, direct and secret elections. Every member state or federal territory as well as the Federal Region of Brussels is a separate electoral district. Elections take place in all territory of the Union at the same time and according to the same rules. The law stipulates details.
4. The term of mandate of a deputy of the House of the People is four years.
5. Every citizen of the European Union who reached the age of eighteen years has the right to elect deputies of the House of the People.
6. Every citizen of the European Union who completed the age of twenty one can be elected a deputy of the House of the People.
7. Nobody can be elected a deputy of the House of the People more than twice.

Article 35 – House of States

1. The House of States consists of deputies who represent the member states of the Union. Each state is represented by three deputies.
2. The Federal Region of Brussels is represented by three deputies, each federal territory is represented by one deputy.
3. Deputies of the House of States are delegated by the member states and federal territories as well as by the Federal Region of Brussels according to their rules observing principles of public administration responsive to the people. All deputies are delegated at the same time. The law stipulates details.
4. The term of mandate of a deputy of the House of States is four years.
5. No deputy of the House of States may be less than twenty one years of age and must be a citizen of the state or other territory of the Union that delegates him.
6. Nobody can be elected a deputy of the House of States more than twice.

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