In this post, I bring the constitutional text of the section Competencies of the European federation according to the articles of the section that I wrote in previous months. The text hereafter corresponds basically to the posts which I have written about it, I only added some words or sentences that had crossed my mind. In the article 1, I added the paragraph (b) considering that all the powers of the federation have not to be exercised by the federation itself but its member states can do it in some cases (it is common in “normal” federations) – and in that cases the federation must have a competence to exercise supervision over the member states because the states do it for the federation, not for themselves. In the article 2, I added the paragraph (f) emulating the German constitution's example in order that the matter is more clear though the basic provision about foreign relations may be sufficient. In the article 3, I anticipate a name of a European federation's parliament and its composition as well as about a name of a supreme judicial institution of the federation; I will express my opinion of it in the respective post in the future. Further, I changed my opinion about social condition of working people in the single market to a certain extent in favour of regulation from the federation's side (article 7 about economy) in comparison with it what I had written in the respective post earlier; because I assume that it is necessary for protection of working people in the single market. But it concerns only social conditions of working people, not other social activities of states – I have connected no mention about health and old-age pension systems with the European federation's constitutional text yet. I consider it likely nonetheless that I will add an article about social matters. In the article 3 about associated states I refer to a chapter two of the constitutional text by which I mean a chapter about basic rights (that I am to write).
Chapter 3 – Relations between the Union and the states
Article 1. General relations
(a) All competencies that are not explicitly delegated to the Union by this constitution belong to the member states.
(b) The Union keeps a watch on activity of the member states if they execute decisions of the Union.
(c) The laws of the Union are in force equally in all member states and other territories of the Union.
(d) The Union protects democratic arrangement and the rule of law in the member states.
(e) The Union and the member states provide assistance to each other in their activity.
(f) The member states reciprocally recognize judgments and other decisions of administrative authorities of each other. They can request cooperation of the Union in case of necessity.
Article 2. Foreign relations
(a) Foreign relations are a matter of the Union.
(b) Exploration and exploitation of the international waters and the cosmos is a matter of the Union.
(c) The member states can act independently outside the Union in matters of culture, science and sport; they observe interests of the Union and act in conformity with the laws of the Union. They must inform the Union about their acting outside the Union. The Union has a right to temporarily restrict the independent acting of the member state in cases of necessity.
(d) Protection of the borders of the Union is a matter of the Union.
(e) The Union determines rules about entrance in the territory of the Union and leaving it.
(f) Extradition of persons out of the territory of the Union is a matter of the Union.
Article 3. Associated states
(a) The European Union establishes close relations with other states in the form of association. The rules of association are determined by the European Union; they can be different for each state. The European Union can terminate the association in case of its violation.
(b) The associated state cannot act in contradiction with interests of the European Union and against the provisions of the Chapter Two of the constitution of the European Union. It does not permit to deploy foreign forces in its territory.
(c) The associated state cannot prevent free movement of goods and services between itself and the European Union.
(d) Disputes between the associated state and the European Union and persons subjected to their authority are resolved by the Supreme Court of the European Union.
(e) The citizens of the associated states are not citizens of the European Union.
(f) Every associated state has one representative in the House of States of the Assembly of the Union without the right to vote.
Article 4. Military affairs
(a) Military affairs are a matter of the Union. No member state is allowed to arm and maintain its forces.
(b) To join military alliances and to leave them requires approval of the citizens of the Union.
(c) The Union respects opinion of the member states when deploying forces in their territory.
Article 5. Free movement, internal security
(a) No member state is allowed to restrict a right of inhabitants of other member states to enter freely its territory and leave it freely.
(b) To issue laws about free movement of persons in the territory of the Union and to execute them is a matter of the Union.
(c) The Union is competent to establish investigative bodies for investigation of organized and cross-border crime with sphere of authority over the whole territory of the Union.
Article 6. Citizenship of the Union
(a) Naturalization in the Union is a matter of the Union.
(b) No member state is allowed to naturalize anybody who is not the citizen of the Union.
Article 7. Economy, currency
(a) The territory of the Union is a united economic space.
(b) No member state is allowed to prevent free movement of goods, services and capital over the territory of the Union. Customs borders inside the Union are inadmissible.
(c) Regulation of economic competition is a matter of the Union.
(d) Commercial law is a matter of the Union.
(e) The Union issues rules about consumer protection.
(f) The Union issues laws about relationships between employers and employees, about health and security conditions at work, about association of employees, about reward for work, about unemployment protection and about working time.
(g) The Union is an exclusive issuer of the currency valid in all territory of the Union. No member state is allowed to introduce its currency.
(h) The Union determines conditions for creation and operation of banks, stock exchanges, insurance companies, investment corporations and other financial institutions and supervises their operation.
(i) The Union issues security, ecological and technical regulations for goods and services provided in the territory of the Union.
(j) Unified measures and weights determined by the Union are valid in all territory of the Union.
(k) Copyright law and intellectual property law is a matter of the Union.
Article 8. Finances
(a) The Union is authorized to impose and collect direct and indirect taxes for its needs. The right of the member states to impose and collect own taxes is not aggrieved by it.
(b) A federal tax can be imposed only under the rule of a federal law.
(c) The Union can determine that revenue of some taxes imposed by itself belongs partially to the member states.
(d) The Union has regard for tax systems of the member states, that taxpayers are not overburdened and that the member states have sufficient income resources for their activities.
(e) The Union levies import and export duties; the revenue of them belongs to the Union.
(f) The Union impose capital gains taxes; the revenue of them belongs to the Union.
(g) The size of the taxes imposed by the Union has to be equal in all member states and other territories of the Union.
(h) The tax system of the Union conforms to the principle of progressivity.
Article 9. Culture, science, education
(a) The Union supports the European culture and its propagation outside the borders of the Union.
(b) The Union can establish and run mass media with sphere of activity in all territory of the Union.
(c) The Union can establish and run colleges. The educational systems of the member states are not aggrieved by it.
(d) The Union supports scientific research. It can establish and run its scientific institutes.
(e) The Union issues laws regulating modifications of the genetic code of humans and other living creatures, treating genetically modified beings and research in this sphere.
(f) The Union issues laws about development, testing and distribution of medicines and medicinal preparations.
Article 10. Internal matters of the Union
(a) Engaging employees of the Union, their working conditions and social security is a matter of the Union.
(b) The Union sees to it that citizens of all member states and other territories of the Union are employed in the bodies of the Union evenly. The bodies of the Union located in the member states shall be preferentially staffed with the citizens of respective states.
(c) The Union pursues statistics for its needs in all member states.
Article 11. Transport, telecommunications
(a) The Union issues and executes laws about ground, river and pipeline transport among the member states.
(b) The Union issues and executes laws about aerial transport in the territory of the Union and about maritime transport in the territorial waters of the Union.
(c) The Union issues and executes laws about electronic communication in the territory of the Union.
Article 12. Environment, agriculture
(a) The Union issues laws about air protection in the territory of the Union.
(b) The Union issues laws about protection of surface water and groundwater in the territory of the Union and about protection of seas.
(c) The Union issues laws concerning free movement of animals in the landscape.
(d) The Union cooperates with the member states in protection of endangered animal and plant species and in preserving natural landscape.
(e) The Union issues laws about treating farm animals, their transport and slaughter. It respects the principle of avoiding cruelty.
(f) The Union issues laws about treating free-living animals, conditions of breeding them in captivity and about trading in them and products from them. It respects the principle of avoiding cruelty.
(g) The Union issues laws about animal testing having respect for the principle of avoiding cruelty and exercises supervision over it.
(h) To issue regulations about protection of animals and plants against contagious diseases and to execute them is a matter of the Union.
(i) The Union issues laws about utilization of nuclear energy and treating radioactive waste.
Article 1. General relations
(a) All competencies that are not explicitly delegated to the Union by this constitution belong to the member states.
(b) The Union keeps a watch on activity of the member states if they execute decisions of the Union.
(c) The laws of the Union are in force equally in all member states and other territories of the Union.
(d) The Union protects democratic arrangement and the rule of law in the member states.
(e) The Union and the member states provide assistance to each other in their activity.
(f) The member states reciprocally recognize judgments and other decisions of administrative authorities of each other. They can request cooperation of the Union in case of necessity.
Article 2. Foreign relations
(a) Foreign relations are a matter of the Union.
(b) Exploration and exploitation of the international waters and the cosmos is a matter of the Union.
(c) The member states can act independently outside the Union in matters of culture, science and sport; they observe interests of the Union and act in conformity with the laws of the Union. They must inform the Union about their acting outside the Union. The Union has a right to temporarily restrict the independent acting of the member state in cases of necessity.
(d) Protection of the borders of the Union is a matter of the Union.
(e) The Union determines rules about entrance in the territory of the Union and leaving it.
(f) Extradition of persons out of the territory of the Union is a matter of the Union.
Article 3. Associated states
(a) The European Union establishes close relations with other states in the form of association. The rules of association are determined by the European Union; they can be different for each state. The European Union can terminate the association in case of its violation.
(b) The associated state cannot act in contradiction with interests of the European Union and against the provisions of the Chapter Two of the constitution of the European Union. It does not permit to deploy foreign forces in its territory.
(c) The associated state cannot prevent free movement of goods and services between itself and the European Union.
(d) Disputes between the associated state and the European Union and persons subjected to their authority are resolved by the Supreme Court of the European Union.
(e) The citizens of the associated states are not citizens of the European Union.
(f) Every associated state has one representative in the House of States of the Assembly of the Union without the right to vote.
Article 4. Military affairs
(a) Military affairs are a matter of the Union. No member state is allowed to arm and maintain its forces.
(b) To join military alliances and to leave them requires approval of the citizens of the Union.
(c) The Union respects opinion of the member states when deploying forces in their territory.
Article 5. Free movement, internal security
(a) No member state is allowed to restrict a right of inhabitants of other member states to enter freely its territory and leave it freely.
(b) To issue laws about free movement of persons in the territory of the Union and to execute them is a matter of the Union.
(c) The Union is competent to establish investigative bodies for investigation of organized and cross-border crime with sphere of authority over the whole territory of the Union.
Article 6. Citizenship of the Union
(a) Naturalization in the Union is a matter of the Union.
(b) No member state is allowed to naturalize anybody who is not the citizen of the Union.
Article 7. Economy, currency
(a) The territory of the Union is a united economic space.
(b) No member state is allowed to prevent free movement of goods, services and capital over the territory of the Union. Customs borders inside the Union are inadmissible.
(c) Regulation of economic competition is a matter of the Union.
(d) Commercial law is a matter of the Union.
(e) The Union issues rules about consumer protection.
(f) The Union issues laws about relationships between employers and employees, about health and security conditions at work, about association of employees, about reward for work, about unemployment protection and about working time.
(g) The Union is an exclusive issuer of the currency valid in all territory of the Union. No member state is allowed to introduce its currency.
(h) The Union determines conditions for creation and operation of banks, stock exchanges, insurance companies, investment corporations and other financial institutions and supervises their operation.
(i) The Union issues security, ecological and technical regulations for goods and services provided in the territory of the Union.
(j) Unified measures and weights determined by the Union are valid in all territory of the Union.
(k) Copyright law and intellectual property law is a matter of the Union.
Article 8. Finances
(a) The Union is authorized to impose and collect direct and indirect taxes for its needs. The right of the member states to impose and collect own taxes is not aggrieved by it.
(b) A federal tax can be imposed only under the rule of a federal law.
(c) The Union can determine that revenue of some taxes imposed by itself belongs partially to the member states.
(d) The Union has regard for tax systems of the member states, that taxpayers are not overburdened and that the member states have sufficient income resources for their activities.
(e) The Union levies import and export duties; the revenue of them belongs to the Union.
(f) The Union impose capital gains taxes; the revenue of them belongs to the Union.
(g) The size of the taxes imposed by the Union has to be equal in all member states and other territories of the Union.
(h) The tax system of the Union conforms to the principle of progressivity.
Article 9. Culture, science, education
(a) The Union supports the European culture and its propagation outside the borders of the Union.
(b) The Union can establish and run mass media with sphere of activity in all territory of the Union.
(c) The Union can establish and run colleges. The educational systems of the member states are not aggrieved by it.
(d) The Union supports scientific research. It can establish and run its scientific institutes.
(e) The Union issues laws regulating modifications of the genetic code of humans and other living creatures, treating genetically modified beings and research in this sphere.
(f) The Union issues laws about development, testing and distribution of medicines and medicinal preparations.
Article 10. Internal matters of the Union
(a) Engaging employees of the Union, their working conditions and social security is a matter of the Union.
(b) The Union sees to it that citizens of all member states and other territories of the Union are employed in the bodies of the Union evenly. The bodies of the Union located in the member states shall be preferentially staffed with the citizens of respective states.
(c) The Union pursues statistics for its needs in all member states.
Article 11. Transport, telecommunications
(a) The Union issues and executes laws about ground, river and pipeline transport among the member states.
(b) The Union issues and executes laws about aerial transport in the territory of the Union and about maritime transport in the territorial waters of the Union.
(c) The Union issues and executes laws about electronic communication in the territory of the Union.
Article 12. Environment, agriculture
(a) The Union issues laws about air protection in the territory of the Union.
(b) The Union issues laws about protection of surface water and groundwater in the territory of the Union and about protection of seas.
(c) The Union issues laws concerning free movement of animals in the landscape.
(d) The Union cooperates with the member states in protection of endangered animal and plant species and in preserving natural landscape.
(e) The Union issues laws about treating farm animals, their transport and slaughter. It respects the principle of avoiding cruelty.
(f) The Union issues laws about treating free-living animals, conditions of breeding them in captivity and about trading in them and products from them. It respects the principle of avoiding cruelty.
(g) The Union issues laws about animal testing having respect for the principle of avoiding cruelty and exercises supervision over it.
(h) To issue regulations about protection of animals and plants against contagious diseases and to execute them is a matter of the Union.
(i) The Union issues laws about utilization of nuclear energy and treating radioactive waste.
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