CONTENTS
– Introduction.
– Preface to project for European Constitution.
1. Draft direct democratic Constitution of United States of Europe:
– Preamble.
– Chapter 1 – Authority of the United States of Europe.
– Chapter 2 – General provisions.
– Chapter 3 – Member States and local self-governments.
2. Declaration of People’s sovereignty.
3. Invitation to the Nations and all who want citizens to be sovereign.
4. Appeal to Peoples.
5. The fundamental structures of direct democracy.
Appendix – List of the Constitution articles.
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INTRODUCTION
In etymological terms “democracy” means “power of the People”. Today, democracy must grow more; we need more democracy, in other words, more “power of the People”.
The essence of democracy lies in setting up institutional instruments which enable the complete, inalienable and binding sovereignty of the People.
We can notice that in States where there is more democracy there is more wellbeing, and where there is less democracy there is less wellbeing.
Giving more political power to the citizens lifts the poorer classes to a standard of living worthy of free people. It is not necessary for States to fight amongst themselves. Direct democracy gives the People the essential right that allows human beings to collaborate and improve the lot of humanity; it does not accept discrimination and enables a community of democratic States which is capable of mutual solidarity.
Problems cannot be solved, says Albert Einstein, with the same mental approach that produced them. The research is part of human nature.
Today to solve Europe’s problems other and new structures are needed that give predominant importance to the evolutionary process of democracy with the direct and binding participation of all citizens on decisions for common needs: this approach gathers great acclaim and wins the challenge.
Civil society is more and more immersed in the Internet revolution, which facilitates close contacts between people, network transparency, collective intelligence, global collaboration, convergence of socially valid intentions, popular votes at no cost, and therefore this more and more fosters the institution in law of direct democracy.
On the contrary, the strong powers do not want the progress of democracy. But the world is changing – and the European Union will not go to anywhere if it is linked solely to the structures of the past or entrenched behind its ideologies or based on the organizational capacity of some lobby. It would lose social and economic evolution and inevitably be obsolete, regressing or disintegrating despite itself, becoming a land open to conquest from various foreign powers or great multinationals.
When all citizens make decisions together with executive effect, contributing with their skills, their ideas and cooperation, which they make possible, an enormous contribution to the increase of wealth and progress of nations.
THE WEALTH OF A NATION IS ITS CITIZENS. We must realize that we have a huge treasure available.
Direct democracy requires an institution, the popular vote, which is closely linked to two indispensable rights for the citizens: the popular initiative and the referendum, through which citizens themselves, in a binding manner, are able to propose and vote on new laws which the government or parliament are unwilling to do, and can correct or precede laws already voted or to be voted. These two rights make citizens to be sharers and induce governments to serve the common good, and do not slow anything, because politicians know they cannot go off the rails or make mistakes, since the People have the effective power of veto and resolution.
Europe thus has the “edge over”, with a virtuous cycle that generates sustainable development, general welfare, social and human progress, lower public debt, lower taxes, a livable environment, more social justice, equitable pensions, optimal employment, lower cost of public bodies, higher efficiency, lower spending on waste, political maturity of citizens, long-lasting peace, tolerance and unity.
Recent surveys conducted in the European Union and the USA on those who want the institution of direct democracy, show that the favourable responses of citizens are on average 74%, while those of the politicians are on average 32% (in Germany 50%).
A fair and just society without the institution of direct democracy is impossible. Only citizens can decide the most shared and valid solutions to the community.
We must not confuse government, under the binding control of all citizens, that must work for the common good, with the extolled governability of few persons that often are subject to the will and interests of the narrow groups of power, to the detriment of the majority of powerless citizens. Dictatorships also benefit from an exceptional governability, that leads to the demolition of democracy and, in the end, often to the ruin of its State and other States.
2500 years ago, the decemvirs, magistrates of ancient republican Rome, declared: “Citizens! No proposition can become law without your consensus – be yourselves the authors of the laws that must lead to your wellbeing!”. This made Rome great. Now we must make Europe great.
We should also remember that when a State is beset by a severe economic and financial crisis, with millions of citizens, workers and pensioners underpaid or unemployed, the growth factor are those citizens themselves. President Roosevelt gave the solution when he solved the great crisis of 1929 in the USA: he almost doubled the low wages of workers and minimum pensions, established a minimum wage and took action to support farmers and agricultural prices. In addition, Roosevelt enacted laws to give more social, democratic and union rights to citizens; he imposed tight government controls on the banking and financial system; started various new public works to provide employment (you have to work instead of living on social security); and he especially promoted technical and scientific research and innovation. Roosevelt found the revenue to implement these provisions by introducing exceptional measures with progressive taxation up to a rate of over 90% for all the very wealthy.
This is the secret of economic growth. But without the distribution of these revenues to the mass of the less well-off classes, growth is mere illusion. It is an aspect of direct economic democracy.
In this way, millions of citizens doubled their income and were able to buy millions of products in addition, so companies were able to sell millions of products in addition, so that they doubled their production, which in turn led to an increase in employment, so that the ex-unemployed were able to purchase more products, and so on. This signifies that the USA set up a virtuous circle of growth, almost automatic, which allowed them to become the world’s richest Federation.
Democracy and Europe need to grow.
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PREFACE TO PROJECT FOR EUROPEAN CONSTITUTION
The following pages present a project for the federal Constitution of the United States of Europe, based on the principle of direct democracy by the citizens, which safeguards both the unity of Europe and the national identity of the member States.
The project uses the name “United States of Europe” (USE), but it can also be “European Federation” or “Europe Nation” or as preferred.
The United States of Europe are considered a Federation of twenty-seven States on equal terms, in turn divided into Regions and Municipalities. The People are sovereign and their decisions are binding there.
As in the United States of America, there is a clean separation between the executive power and the legislative power. The executives do not necessarily represent a majority. In this way, the European Federation is favoured by the fact that executive is completely separate from the legislative power. Therefore, there is no vote of confidence, and the People can always express their will, which is immediately enforceable, through the referendum and the popular initiative.
These two fundamental rights of citizens, which apply to the Federation, the member States, the Regions and the Municipalities, are the ‘edge over’ that the project gives to the United States of Europe in terms of democracy. At the federal level, these rights require the approval of a majority of citizens and of States.
To hold a referendum or initiative regarding ordinary laws it is necessary to collect a certain number of signatures, without bureaucratic obstacles or quorum. Constitutional laws, membership of the United States of Europe in international organizations and the international treaties of indefinite duration are in mandatory way subject to the double popular approval.
The popular voting – referendum and popular initiative – for resolving problems at different territorial levels, is of utmost importance in the USE. It is therefore necessary to complete the design, as soon as possible, of the automated voting and electronic signatures, which allows voting in a short technical time and at almost zero cost.
In this project, the executive (the government) is collegial, thus reflecting a political structure that eschews ‘people who rise about the others’, and requiring cooperation instead of contraposition. This situation applies to the federal government (federal Council), the twenty-seven state governments (Council of States), and the Regions and Municipalities. The President of the federal Council, President of each state Council, the President of each Region and every Mayor are each ‘primus inter pares’.
The President of the federal Council is also President of the United States of Europe, holds office for one year and cannot be re-elected. This allows very stable governments and that are much more willing to work for the common good.
Being sovereign States and individual Municipalities and Regions with maximum autonomy and sovereignty, there are no “administrative” elections, every voting for state and local elections is always ‘political’.
The federal Congress is composed of two Chambers gifted with equal competences – the Parliament of Deputies and the Senate of the States and Regions – and made up of people who receive only an attendance pay.
Since the member States are all on equal terms, the vote of each State must have the same value as the vote of the others, otherwise they would not be equal. This is very important: in fact, with proportional system (which refers only to citizens, so that each vote of them is on par with the others), worse still with the majority system and the electoral blockages, the four States with the largest number of inhabitants, only they, exceed 50% of the total votes in the Senate (see article 22, paragraph 1), and they could decide everything, while the remaining 23 States would count for little or nothing.
The executive members that compose federal, state and regional Councils as well as Mayors of large Municipalities must be highly qualified professionals in their fields, and receive an annual fee established by Congress. It is a situation that works well and enables considerable savings, creating a political system that is efficient and inexpensive.
We use the term “community service” to mean non-professional, non-paid, non-permanent staff. Applies to the armed forces, the fire brigade, civil defence, for politics and for certain forms of assistance.
The privatization of some public services is allowed; however, they work well because they carry out their activities under terms approved by popular referendum, and are managed with the assistance and under the mandatory supervision, also on costs, of the federal Congress.
All this creates a system that allows the United States of Europe to collect taxes at very low rates: for example, at most, 12% on net income, 0.1% on capital and reserves, and 8% for VAT. Within the above values, each State, Region and Municipality is master of its taxation. The citizens decide their tax rates through the popular voting, when they think it necessary.
These directives, along with excellent vocational training, allow that the average incomes of employees are high. This leads to a professional work ethic, to a sense of responsibility, and tends towards working with fewer people, given the high level of efficiency. Such a system increases consumptions and therefore production; besides, it attracts investment, including from abroad, and sees to it that unemployment is to a minimum.
In the event of economic crisis, the Constitution provides that workers in the most affected sectors are not laid off; instead, everyone else has to work nine, ten or eleven months instead of twelve months a year, so that nobody is without work.
The maximum federal pension cannot exceed twice the minimum federal pension, and there must be no exorbitant treatments for the privileged few or for short periods of employment.
The proposed system, moreover, makes the United States of Europe does not have a ‘partisan spirit’ in international controversies. Such neutrality means that USE-made products have more extensive acceptance abroad than those from other countries.
We hypothesize that the currency of the Federation are the euro, although a new currency could be considered; however, it is necessary to rebalance the public debt of individual States with an equitable distribution. These debts were made by governments that were not subject to the People’s direct democracy control; therefore, European citizens must not pay for the consequences of past misrule – harmony among the States cannot be achieved if there is discrimination or the lack of fair distribution.
Surveys conducted by democracy scholars show that the benefits achieved through the direct participation of the People with executive effect of voting, are significantly higher than those that can be achieved by other States which do not provide for direct democracy.
We need to make Europe grow. Democracy is all of us, when, according to the law, we can decide together with executive effect on real requirements. Democracy is equality and freedom. We are beginning a common project for Europe, let’s contribute to its unity.
The present federal Constitution, with appropriate completions and improvements and with the perfecting of the technical drafting, is one of the best Constitutions in the world.
Its adoption creates a political community that lives equality, participation, widespread prosperity, freedom, independence, peace, tolerance, and emancipation, in a spirit of solidarity and openness to the world.
In this Project both the representatives and the citizens take their decisions. However, citizens can always have the last word.
In direct democracy and in this Project all majors of the territory concerned have the right to vote, none excluded. Decisions must be always taken by 50% + 1 of voters or valid votes. Lower percentages must never give rise to binding decisions, as it happens when the so-called “relative majority” is rewarded, which is more appropriate to be called “major minority”. In this case the decisions of a minority must be valid for the whole majority and this can produce serious distortions and damage.
United States of Europe or European Federation, the new European Union (which might take a different name in the future) consists of all those States whose citizens give their consent, through a popular referendum, to the European Constitution and thus become part of the Federation.
This federal Constitution, thanks to its elevated democratic content on citizens’ mandatory participation, can be applied, mutatis mutandis, to any State or Community of States in the world, and thus we can strengthen the sovereignty of the People, solidarity between States, and can create a more just and united world. What is impossible for individual citizens, is possible for direct democracy exercised by all citizens together.
* * * *
This project consists of a preamble and three central chapters. The numbering of the articles is temporary. We formulate the hypothesis that the current twenty-seven States of the United States of Europe accept the new Constitution by means of popular vote. However, this Constitution is also entirely suitable – mutatis mutandis – for a different number of member States.
Notice: – The project assumes that the system for voting and the collection of signatures is completely automated (we should remember that, once the network is installed, the voting process is in real-time at almost no cost).
In order to guard against electoral fraud, rigorous checks and controls shall be carried out and severe penalties shall be imposed on anyone who tampers with the computers, data processing or electronic mediums (or possible voting papers), prevents citizens from exercising their right to vote (also on the grounds of bureaucratic motives), intimidates or effects illegal controls, counterfeits or does not update personal data register, takes the place of another person in the voting process, votes more than once in the same voting round, falsifies or replaces votes already cast, or commits any and every type of electoral fraud.
For example, Estonia and Venezuela both have electronic voting systems that are amongst the fittest in terms of combating fraud. In a nutshell, each citizen has a magnetic electoral card used to vote directly on the Internet, at home o elsewhere. The computer identifies the person by means of a digital fingerprint and/or electronic signature. The person expresses his or her vote electronically, checks to ensure that the vote on display is in compliance with his or her vote, and then confirms the vote via electronic signature and/or a password. The computer displays the print preview of the ballot bearing the registered vote (or shows the vote to be placed in a second electronic file). The voter checks to ensure all information is correct and then gives the ‘OK’. In case of a paper ballot, this is printed out, the voter folds it and places it in the ballot box.
Waiting for the automation of the popular votes, the referendum can take place by means of the postal service, widespread system in Switzerland and Oregon (USA) for many years, so the citizens can send their vote by mail in double sealed envelope. This system allows greater participation of people and a strong cost savings, since there is no need to set up polling stations and pay staff for a whole day.
This text was originally written in Italian, the translation into English is provided for information purposes only; therefore, it is accompanied by a copy in the original language (see annex C).
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1. PROJECT FOR A DIRECT DEMOCRATIC CONSTITUTION OF UNITED STATES OF EUROPE
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PREAMBLE
The People and the member States of the United States of Europe
The populations of twenty-seven sovereign States, united in the Federation by the consent given to this Constitution through popular voting, namely: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden, together form the United States of Europe.
Art. 1.- The Constitution
1. The People and the member States of the United States of Europe, aware that democracy is a universal value, give themselves the present federal Constitution which is based on the inalienable principle of the sovereignty of the People and the individual States.
2. The People and the States guaranteed by the Constitution are determined to live their diversity in unity, mutual consideration and reciprocal respect, with the purpose of strengthening the direct democracy of citizens, freedom, independence, peace and prosperity, in a spirit of solidarity and openness to the world, knowing that the strength of the People is in proportion to the freedom and the welfare of the weakest.
Art. 2.- The People are sovereign
1. Every citizen of a member State of the United States of Europe is a European citizen. In the United States of Europe, citizens are not subjected to a federal or state sovereignty, nor is there privilege arising from place, birth, family or person.
2. All European citizens are equal before the law. No-one can be discriminated against on grounds of origin, race, civilization, gender, social position, culture, religious beliefs, philosophical and political convictions, language, age, marital status, mental and physical impairments. Women and men have equal rights and equal pay.
3. The People have the democratic institution to exercise their sovereignty, with the right to intervene, in a mandatory way and with immediately executive effect, through popular vote, on all issues, needs, laws and decrees of the United States of Europe at each territorial level, and are entitled to vote to elect members of Congress and other institutional bodies, as provided for by the Constitution, at various territorial levels. These rights are permanently inalienable.
4. No citizen can be deprived of his or her right to vote, even if he or she is sentenced to the severest penalty. Votes are secret, unless otherwise decided by the People in order to better control of results.
Art. 3.- States are sovereign
1. The USE member States are sovereign in as much as their sovereignty is not limited by the federal Constitution, and as such they exercise all rights that are not devolved to federal authority. The States are all on equal terms.
2. Each member State has its own Constitution and laws relating to matters not relevant to the Federation.
3. For all the member States, the Federation guarantees their territory, their sovereignty within the limits referred to in paragraph 1, their Constitutions, freedom, the rights of the People and the constitutional rights of citizens; similarly, the Federation guarantees the rights and functions which the People give the authorities.
4. The States are obliged to request the guarantee of the Federation for their Constitutions.
5. The Federation assumes such guarantees when:
a. they contain nothing that is contrary to the prescriptions of the federal Constitution;
b. they ensure the exercise of political rights according to representative and direct democracy forms;
c. they have been accepted by the People and can be reformulated whenever this is decided by the majority of citizens.
Art. 4.- Popular voting
1. The United States of Europe has the faculty to issue uniform legislative provisions on the right to participate in popular votes.
2. Every European citizen over the age of eighteen is entitled to take part in the popular votes.
3. The right of the popular vote, namely the referendum and popular initiative, must enable citizens to amend or abolish laws already voted, in a binding manner, and to precede those to be voted on by Congress and to propose and vote on new ones. This right is permanently inalienable.
4. Citizens must have the power of intervening in short technical time for collection of signatures, for the voting procedures and ballot, without bureaucratic hindrances, via the mandatory automation of both electronic signatures and votes. Maximum care must be taken for security against fraud and hacking that could falsify or alter the result of the vote.
5. Once the signatures are collected, no one can cancel the popular referendum. Any presence of unconstitutionality or legal impediments in the proposal must be verified and made clear before the collection of signatures, and therefore the popular vote must always be carried out. If Congress prepares a counter-proposal, citizens vote on both, in a single ballot.
6. The outcome of popular votes, to become executive, must obtain the double majority both of voters and of States. The result of the popular vote in each State counts as the vote of the same State.
7. The approval of the majority of voters, or States, is obtained when the number of ‘YES’ votes is greater than the number of ‘NO’ votes. Blank or incorrect votes or abstentions must not be taken into account.
8. Every bill passed directly by the People can subsequently be abolished or modified by Congress only when the amendments or abrogation are submitted to a popular referendum and both the voters and the States express their affirmative decision.
Art. 5.- Electoral system
1. The pure-proportional system and – in some cases of selection – the second ballot with the appropriate procedure (see article 24, paragraphs 11 and 12, article 36, paragraphs 6 and 7, and, by analogy, article 175, paragraph 11) are the instruments of direct democracy in popular voting to elect members of Congress and the institutional bodies required by the Constitution.
2. The pure-proportional system is essential to protect the rights of minorities, the linguistic ones particularly, and for political plurality.
3. Other systems are excluded, such as majority system, relative majority with reward, electoral thresholds, presidential system with many powers, voting with qualified majority, quorum, etc., since they are all alterations or distortions of the will expressed directly by the citizens and, consequently, a weakening of the sovereignty of the People. Under these and similar systems, Congress is not a real expression of the citizens’ will, but rather the result of an arithmetical artifice that, sometimes or many times, favours some particular groups excessively or dangerously, whereas it discriminates against almost all or all minorities.
4. Congress must represent all citizens, it must not represent the government. The two authorities, legislative and executive, must always be independent from each other, as well as from the judicial one.
5. The pure proportional system and the cases under paragraph 1 are the only electoral systems that reflect people’s will.
Art. 6.- Internal affairs of the States
1. Each State is given managing its own internal affairs.
2. An advanced form of federalism is institutionalized by local self-government at all levels. Each State, Region and Municipality has its own Constitution and laws, relating to matters not pertinent to the Federation or the broader territorial unit to which it belongs. Each Constitution must be approved by a popular voting in order to come into force.
3. The citizens of States, Regions and Municipalities can exercise their sovereignty always. Whenever they deem it necessary, can decide directly with executive effect on any law relevant to their territory by means of the popular voting.
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Chapter 1 – AUTHORITY OF THE UNITED STATES OF EUROPE
Art. 21.- Federal Congress
1. The federal Congress, subject to the rights of the People and the States, is the supreme authority of the United States of Europe.
2. The federal Congress is the highest legislative institution of the United States of Europe. It holds office for one year and is made up of two Chambers, with the same competences; both Chambers are of equal standing:
*** A Parliament of Deputies, composed of 601 members. The seats are divided among the States in proportion to the number of inhabitants, with a minimum of one seat.
*** A Senate of the States and the Regions, composed from 3 to 7 members for each State, of whom one member is Senator of the Regions of his State. The Senators are 127 in total (see article 22, paragraphs 1 and 6).
3. Each Chamber deliberates separately.
4. The Chambers have legal validity when the majority of their members are present.
5. When voting is equally divided in a Chamber, the President has the deciding vote.
6. Every European citizen (who has not been deprived of political rights) is eligible to become a member of Congress. No member of Congress can ever be appointed by anyone else, whoever they can be.
7. A Deputy can be elected Senator in a following year and vice versa. Anyhow a member of Congress can be elected a maximum of eight times (eight years) in all.
8. Each member of Congress has the right of initiative. States exercise the same right.
9. The Senators of each State elect one of them as President of their group. With regard to voting in general terms, the majority of the votes cast by Senators of a State count as the vote of the same State. When voting is equally divided in a State, its President has the deciding vote, but if this is not expressed, the vote of that State is not taken into account.
10. The Senators of the Regions, among other things, act as further controllers of subsidiarity, watch over the municipal and regional autonomies in general line, and submit to the Senate the general needs that have not been resolved for the Regions and Municipalities. For these reasons they meet once a month between them.
11. The Congress members vote without instructions. Preliminarily, they must declare their links with groups of interests.
12. Voting in the Congress is secret, unless a popular referendum makes it clear.
13. The articles of a law, as well as any amendments, must all be relevant, or at least similar, to the matter that is dealt with by the law.
14. Laws cannot be passed by a vote of confidence in the government.
15. For a law to be passed there must be a double majority both of voters of Parliament and the States that give their vote in the Senate, or of the voters in the joint sessions of Congress.
16. A consensus is required by the majority of all the members (i.e. not only voters) of Parliament – at least 301 votes – and, separately, by the majority of all the member States in Senate – at least 14 States – for:
a. a federal decree that is declared urgent; anyhow, its duration of application must be limited;
b. the adoption of subsidies provided for by legislative provisions and federal decrees, which are of general obligatoriness, as well as secured credits and the expense ceilings that involve new non-recurrent expense of more than 20,000,000 euros or new recurring expenses of more than 2,000,000 euros.
17. The federal Congress can adjust to the raise the amounts set in letter ‘b’ above through a federal decree.
18. The federal laws and decrees that are of general obligatoriness must be subjected to a popular vote for acceptance or rejection, when required by a predetermined number of citizens (see articles 101 and 101a) or by a third of the States.
19. The federal decrees which are enacted as urgent lose their validity one year after their adoption by the federal Congress, if they are not approved in the meantime by a popular vote; in such case they cannot be renewed.
20. Federal decrees which are enacted as urgent, and which derogate from the Constitution, must obligatorily be ratified by a popular vote within one year after their adoption; in the absence of popular approval, such decrees lose their validity and cannot be renewed.
21. The Congress cannot vote or propose a motion of no confidence in the Government. The same prohibition applies at the state and local level.
22. The ordinary sittings of the two separate Chambers take place in six two-monthly sessions, each lasting two weeks a month, from Monday to Thursday.
23. The sittings of both Chambers are open to the public as a general rule.
24. The two Chambers meet in joint session once a year in ordinary session (see article 23, paragraph 14) chaired by the President of the federal Parliament.
25. An extraordinary meeting of the federal Congress may be convened by a decree of the federal Council, or may be requested by 25% of the members of the Parliament of Deputies, or 20% of the States of the Senate.
26. To decide validly, a joint sitting requires the presence of an absolute majority of the members of both Parliament and Senate distinctly.
Art. 22.- Seats in the federal Congress
1. For example, the seats of the FEDERAL CONGRESS are divided amongst the 27 USE member States as shown in the following table. Similar tables may be draw up for possible other Federations of States in the world (see annex B).
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SEATS IN THE UNITED STATES OF EUROPE PARLIAMENT AND SENATE
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No. |……. USE …………. |..Population …|…..% …..|…..No. of …..|…No. of
…….|…member State..|…millions of …|.popul. |…..seats in…..|.seats in
…….|…………………………|…inhabitants ..|…………..|..Parliament..|..Senate
…….|…………………………|…(2014-2015)..|………….|…………………..|…………….
—–|———————-|——————–|———-|—————–|————–
1……..Germany …………….81,198 …………18,3 ……….110 ………………7
2……..France …………………66,415 …………15,0 …………90 ………………7
3……..Italy ……………………..60,796 ………..13,7 …………82 ………………7
4……..Spain …………………..46,440 ………..10,5 …………63 *…………….7
5……..Poland …………………38,006 ………….8,6 …………51 ………………7
6……..Romania ……………..19,861 ………….4,5 …. ……..27 ………………6
7……..Netherlands ………..16,901 ………….3,8 ………….22 ………………6
8……..Belgium ………………11,258 ………….2,5 ………….15 ………………5
9……..Greece ………………..10,812 ………….2,4 ………….15 ………………5
10…….Czech …………………10,538 ………….2,4 ………….14 ………………5
11…….Portugal ……………..10,375 …………2,3 ………….14 ………………5
12…….Hungary ……………….9,849 …………2,2 ………….13 ………………5
13…….Sweden ………………..9,747 ………….2,2 ………….13 ………………5
14…….Austria …………………8,585 ………….1,9 ………….12 ………………5 *
15…….Bulgaria ……………….7,202 ………….1,6 ………….10 ………………4
16…….Denmark …………….5,660 ………….1,3 …………….8 ………………4
17…….Finland ………………..5,472 ………… 1,2 …………….7 ………………4
18…….Slovakia ………………5,421 ………….1,2 …………….7 ………………4
19…….Ireland ………………..4,626 ………….1,0 …………….7 ……………….4
20…….Croatia ……………….4,225 ………….1,0 …………….6 ……………….4
21…….Lithuania …………….2,921 ………….0,7 …………….4 ……………….3
22…….Slovenia ……………..2,063 …………..0,5 ……………3 ……………….3
23…….Latvia …………………1,986 …………..0,5 ……………3 ……………….3
24…….Estonia ……………….1,313 …………..0,3 ……………2 ……………….3
25…….Cyprus ………………..0,847 ………….0,2 ……………1 ………………..3
26…….Luxembourg ……. ..0,563 ………….0,1 ……………1 ………………..3
27…….Malta ………………….0,429 ………….0,1 …………….1 ……………….3
—————————————————————————————–
……….TOTAL ………………443,509 ……..100,0 …………601 ……………127
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* NOTE:
– (col. 5) The Deputies of the first 4 States exceed 50% of the total USE Deputies.
– (col. 6) 14 member States exceed 50% of the total USE States.
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2. Each year the population total of each State must be updated. Careful monitoring by States is required to ensure that the statistics are reliable. The distribution of seats in Parliament between individual member States can vary from year to year as a result of variations in the resident population.
3. The entry of a new State in the course of time is allowed as long as its citizens approve via a referendum the USE direct democratic federal Constitution, and the candidate State has a population of between a minimum of 1.5 million and a maximum of 19% of the total USE population. Entry of a new State, however, also needs the approval of the double majority by popular vote in the USE. The entrance takes place at the beginning of the parliamentary year.
4. The new State is entitled to a number of seats in Parliament calculated by multiplying the percentage of its population by the number 601 (the total number of Deputies) divided by 100. Seats in the Senate increase by new ones, on the basis of the table in paragraph 6.
5. The possible division into two at some future time of a member State of the United States of Europe involves the proportional distribution of seats between them in the current Parliament and of the seats in the Senate.
6. By way of indication, the number of Senators for a State is awarded on the basis of the population of the same State, as shown in the table below:
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SEATS IN THE USE FEDERAL SENATE
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Population of a State ………|…. No. of seats in the Senate
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up to 4.000.000 ………………………………… 3
4.000.001 – 8.000.000 ………………………. 4
8.000.001 – 16.000.000 …………………….. 5
16.000.001 – 32.000.000 ………………….. 6
over 32.000.000 ………………………………. 7
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The seat of Senator of the Regions is included in the number of seats shown in the table. As a rule, the ratio between total of Senators and total of Deputies shall be around 20%÷25% at federal level.
7. The seats in the Parliament of Deputies are assigned on the basis of the votes obtained by each political party (and/or list and/or movement) individually. No differentiated or privileged treatments are reserved for political parties depending on whether they are part of coalitions or not. Indications of any coalitions between political parties are not allowed on the ballot paper.
Art. 23.- Competences of the federal Congress
1. According to this Constitution, the Parliament of Deputies and the Senate of the States and the Regions deal with all subjects which come under federal competence and are not attributed to another federal authority. The following subjects are principally pertaining to the two Chambers.
2. Supervision of the federal Council, the administration, and the federal justice.
3. Laws on the organization of the federal authorities.
4. Laws and decrees that the federal Constitution places under the competence of the federal Congress.
5. Alliances and treaties with foreign countries, as well as the approval of treaties set by member States between themselves or with foreign countries. Similar treaties set by States are brought before the federal Congress only if this is required by the federal Council or by another member State.
6. Guarantee of the Constitutions and territories of the member States; intervening as a consequence of the guarantee. Measures for internal security.
7. Measures for external security, for maintaining the independence and neutrality of the United States of Europe. Declarations of war and the conclusions of peace.
8. Determination of the fees and allowances for members of the federal authorities and the federal Chancellery; creating stable jobs and fixing the relating remuneration.
9. Measures for the observance of the federal Constitution, of the guarantee of the States Constitutions, and of the fulfilment of federal obligations.
10. Having at its disposal the Armed Forces.
11. Determining the annual budget, examining the statement of the United States of Europe, resolutions regarding loans.
12. Cases of impugnment against decisions of the federal Council on administrative questions.
13. Revising the federal Constitution, if this becomes necessary.
14. In a joint meeting the federal Congress is pertaining to:
– every year, in December, the election by a simple majority of the new President and Vice President of the federal Council, and the General commanding the Armed Forces of the United States of Europe;
– the election of members, one by one, of the new federal Council, the President and Vice President, and the President of the federal Chancellery, if the prescribed three years have elapsed or if the federal Government has fallen;
– appointing members of the federal Court (unless otherwise decided pursuant to article 33, paragraph 8);
– appointing a substitute member of the Council, if the previous member resigns before the regulatory deadline;
– it is up only to legislation to attribute the action or confirm of other appointments to the federal Congress;
– amnesty and granting a pardon;
– decisions on questions of competence between the federal authorities.
Art. 24.- Elections
1. The United States of Europe has the faculty to issue uniform provisions of the law on the right to participate in elections.
2. Any European citizen who has attained the age of eighteen has the inalienable right to vote in elections.
3. The United States of Europe does not organize its own political elections since the member States are the organizers, but all on the same day every year, October 1 (Election Day, to be considered a public holiday) in order to elect members of the USE Parliament and of each State, Region and Municipality, and for the first selection stage of candidates for USE Senator of the Regions of each State, as well as the selection of candidates as Defenders of Democracy and for any other elections; if the mandate has expired, the citizens also vote to elect the mayor of their town. Also on Election Day, popular voting can take place at any territorial level.
4. The second phase of the elections, when this is required for the second ballot, takes place on Sunday between the tenth and sixteenth day after Election Day (i.e. on the Sunday between 11 and October 17).
5. Every voting session on any date must always take place over the course of a single day; the timetable is established by federal law, the same for everywhere. Each State forms an electoral constituency.
6. Deputies are elected directly by the citizens through the pure proportional system. When voting, citizens can express their preference for no more than two names.
7. If a popular vote approves it, instead of being elected, the Deputies’ names are drawn by lot among all the citizens entitled every year, through a scientific sampling of the population stratified by Region, gender and age. Stringent controls on the draw are required to ensure the absence of fraud in any shape or form. Members whose names are extracted cannot be drawn again for that position in subsequent years.
8. Senators are elected directly by the citizens through the pure proportional system. When voting, citizens can express their preference for no more than one name.
9. Senator for Regions of each State shall be elected as follows: each political group (party, movement, association, etc.) can propose only one candidate for the whole State. The first stage in each Region is won by the candidate who attains 50%+1 of the valid votes expressed by the citizens, otherwise is won by the two candidates who receive the most votes. If a candidate is chosen by more than 50% of the Regions and by 50%+1 of the votes in each of these Regions, that person is immediately elected Senator. If no candidate is elected in the first phase, the citizens choose by second ballot between the first three candidates chosen by the highest number of Regions (in case of a tie in the number of Regions, the candidate with the most votes passes the first phase). Out of the three candidates, the candidate who receives a consensus from more than 50% of the Regions is elected Senator (see paragraph 11). The result of the popular vote in each Region counts as the vote of the same Region.
10. In any case, boxes left unmarked or questions without answers are not taken into account.
11. Second ballot procedure: when the vote concerns preference among three candidates A, B and C, the citizens vote for one of the three. If no candidate attains 50% +1 of the votes, the two with the most votes remain in the second b allot. For this case, there are three more boxes on the same form, shown below, and the voter marks a further preference in each of the three boxes:
(1) = between candidate A or B (2) = between candidate B or C (3) = between candidate C or A.
12. A similar procedure is used for electing one or two candidates out of four.
Art. 25.- Speakers of the Parliament and of the Senate
1. The Speaker of the Parliament and the Speaker of the Senate are elected by the respective Chambers.
2. They hold office for a session (two months) and cannot be re-elected. The speakers of each Chamber must, within a time span of twenty-seven sessions, represent all 27 USE States. The two Speakers in office must be from two different States and political parties, including those that don’t take part in the federal Council.
3. Joint sessions of the two Chambers are chaired by the Speaker of the Parliament for their resolutions.
Art. 26.- Remuneration of the Congress members
1. Members of the Deputies Parliament are remunerated by the coffer of the United States of Europe. The Senators of the State are remunerated by their State; the Senators of the Regions are remunerated by the Regions of respective State.
2. The remuneration is paid to each one solely according to the attendance fees.
3. At the end of their mandates, all members have the right to return to their previous jobs and positions, which were interrupted at the time of the election.
Art. 27.- Federal Council
1. The federal Council (or federal Government), consisting of the Council of Ministers with a President and Vice-President of the Council, is the highest executive institution of the United States of Europe.
2. The members of the federal Council must be professionals of high competence and capabilities in their fields, who have proved their democratic rectitude with full respect and approval for popular decisions. The Council is made up of fifteen members appointed one by one by the Congress in joint session for three-year terms of office, from amongst all European citizens who are eligible as members of Congress. The fifteen members must belong to fifteen different States.
3. When the federal Council is set up, it must have representatives of the five largest parties and/or civil lists and/or political movements in the USE (it must not be take into account any coalitions to which these political groups belong), in proportion to the polls and with at least one member, in order to foster collaboration rather than contraposition.
4. The executive members have nothing to do with the legislative members, and they are not necessarily part of a majority.
5. The federal Council decides as a collegiate authority. In the event of equal votes for and against a proposal, the President of the Council has the deciding vote. Council meetings to discuss and resolve questions are deemed valid when at least eight members are present.
6. The members of the federal Council can be present as advisors at the sessions of both Chambers of the federal Congress, and can make proposals regarding questions on the agenda, but do not have the right to vote.
7. Members of the federal Council can be in office for a maximum of nine years (equivalent to three complete periods of office of the legislature).
8. Ministerial positions that have become vacant in the interim are replaced at next meeting of the federal Congress for the remainder of the term of office.
9. When the term of office for the federal Council expires, the Congress can designate new members and from zero up to a maximum of thirteen previous Ministers; at least two of the new Ministers must belong to States not present over the last few years.
10. During the prescribed three years, Congress can vote, at a joint session, to replace a Minister in office only if there are particular, legally valid reasons for doing so.
Art. 28.- Functions of the federal Council
1. The federal Council, within the limits of this Constitution, has the following functions.
2. Directing the affairs of the United States of Europe in accordance with laws and federal resolutions.
3. Supervising observance of the Constitution, as well as the laws, decrees and resolutions of the United States of Europe, taking the necessary provisions for their preservation.
4. Checking that the Constitutions of member States are guaranteed.
5. Presenting bills, decrees and resolutions to the federal Congress, and giving its preventive advice on proposals submitted by the federal Congress or by member States.
6. Ensuring the implementation of federal laws, decrees and resolutions, as well as the judgments of the Federal Court, as well as transactions and arbitration judgements in disputes between member States.
7. Making the appointments that are not attributed to the federal Congress or the federal Court, or to any other authority.
8. Examining the treaties of the member States among themselves or with foreign countries, and ratifying them if they are admissible (see article 23, paragraph 5).
9. Watching over conservation of the USE’s interests abroad, especially regarding relations of international law; in general terms, the federal Council is in charge of the USE’s foreign affairs.
10. Overseeing the external security of the United States of Europe in order to maintain its independence and neutrality.
11. Overseeing the internal security of the United States of Europe.
12. It is in charge of all military affairs and administrative branches which belong to the United States of Europe.
13. In urgent cases, if the Chambers of the federal Congress are not in meeting, the federal Council is authorized to raise the required troops and to deploy them; however, this must be followed by the immediate convocation of the federal Congress when the number of deployed troops exceeds 50,000 or when their duration under arms is more than twenty days.
14. Examining the laws and regulations of the member States, which need the approval of the federal Council; checking the administrative branches of the member States subject to its supervision.
15. Administering the finances of the United States of Europe, presenting the budget and the financial statement of USE income and expenditure.
16. Checking the management of all officials and employees of the federal administration.
17. Taking steps to carry out the subjects listed in article 36, paragraphs 2 and 3.
18. In each ordinary session of the federal Congress, the federal Council gives an account of its management, presents a report on the internal and external situation of the United States of Europe, recommending to the Congress the measures that it deems are suitable for promoting the common prosperity. Furthermore, it presents particular reports if requested by one or both Chambers of the federal Congress.
Art. 29.- President of the Council
1. The President of the federal Council and his or her Vice-President are appointed by Congress from amongst the members of the Council of Ministers in a plenary meeting every year.
2. The President of the Council is the President of the United States of Europe at the same time, and officially represents the United States of Europe to foreign governments.
3. The President of the Council is ‘first among equals’ and remains in office for one year. He or she is no longer eligible to become President of the federal Council or Vice-President.
4. The new President must come from a different State. The Vice-President can be elected President of the federal Council, but not Vice-President a second time. The new Vice-President must come from a different State.
Art. 30.- Council members’ fee
The President and the other members of the federal Council are remunerated with an annual fee from the USE’s federal coffers. Analogous fee for the Defender of Democracy.
Art. 31.- Departments
1. The affairs of the federal Council are divided into departments amongst its members. Decisions are issued by the federal Council as the authority.
2. Federal legislation can delegate to departments or offices that depend on them to settle certain matters, subject to the right of appeal.
3. Federal legislation determines the cases in which the discussion about the appeal is within the cognizance of a federal Administrative Court.
4. The main departments in which the federal Council operates are:
a) Foreign affairs.
b) Economy, economic innovation and development, shared economy.
c) Finance.
d) Defence, security, civil defence.
e) Justice.
f) Environment, territorial planning, waste disposal.
g) Public works, transportation, efficiency of services, tourism.
h) Communications, ecological transition, energy, technological innovation.
i) Training and education, art, culture, entertainment, music, knowledge of direct democracy, solidarity and peace, importance of childhood and of young people.
j) University, scientific and technological research, development and diffusion of advanced technology.
k) Employment, housing, social security, rights of the disabled.
l) Health, maternity, old age.
m) Insertion and rights of immigrants and emigrants, culture of the other, development of disadvantaged countries.
n) Connection among the USE States, promotion of collaboration and unity.
o) … .
5. For each department, the general guidelines are laid down by the USE. Specific laws are passed on to the States with a clearly defined range of autonomy, allowing for greater or lesser leeway depending on the department involved.
6. The federal Council and its departments have the right, for special affairs, to consult some experts.
7. The departments, or parts of them, cannot be delegated to or managed by private groups or companies, or however different from the institutes set out in the Constitution.
Art. 32.- Federal Chancellery
1. The federal Chancellery is the organ responsible for preparing, drafting up, authenticating, recording and dispatching the public acts and documents both for the federal Congress and the federal Council.
2. The Chancellery is under the direct control of the federal Council; its organization is established by USE legislation.
3. The President of the Chancellery is nominated by the federal Congress every three years, and anyhow always at the same time as the federal Council.
Art. 33.- Federal Court
1. The federal Court, the highest judicial institution of the United States of Europe, hears disputes concerning violations of the Constitution, as well as international or interstate treaties, state autonomy and, more in general, regional or municipal autonomy.
2. The law determines the organization of the federal Court and its sections, the number of members and substitute members, the duration of their term of office and their honoraria.
3. Members of the federal Court and substitute members are appointed by the federal Congress. For their nomination, consideration is given to ensure that all national languages of the United States of Europe are represented.
4. Any European citizen who is eligible for the Parliament of Deputies can be appointed to the federal Court.
5. The members of the federal Congress and the federal Council and the officials appointed by this authority cannot simultaneously be members of the federal Court.
6. The members of the federal Court cannot hold any other office in the service of the Federation or a State, nor can they exercise any other profession or industrial activity.
7. The federal Court constitutes its office of the court clerk.
8. A popular initiative can delegate, for a given year, the election of members and substitute members of the federal Court to judges of the United States of Europe with at least two years of seniority. The vote of each of these judges is weighted directly proportional to the number of USE’s Deputies of own State and inversely proportional to the number of judges with the right to vote in the same State. In this case too, all the national languages of the United States of Europe must be represented.
9. The federal Court judges in civil law cases:
– between the Federation and the States;
– between the Federation on the one hand and professional associations or individuals on the other hand, when the object of the dispute has significance to be determined by federal law and when these professional associations and these individuals are directly claimants;
– between the States among themselves;
– between the States on the one hand and professional associations or individuals on the other hand, when the object of the dispute has significance to be determined by federal law, and when one of the parties requests mediation.
10. The federal Court also deals with matters relating to stateless persons and disputes over rights of citizenship between the Municipalities of different States.
11. The federal Court has an obligation to accept the office of judge in other cases too when this is requested by both parties and the subject matter of the dispute is of an importance to be determined by federal legislation.
12. The federal Court judges in criminal matters, with the participation of jurors who pronounce on issue of fact:
– on cases of high treason against the United States of Europe, or revolt and violence against the federal authorities;
– on crimes and offences against the law of nations;
– on crimes and political offences which are the cause or consequence of disorders, leading to the need for armed federal intervention;
– in cases where a federal authority refers officials appointed by that authority to it for a penal judgement.
13. The federal Court judges in matters of public law:
– on conflicts of competence between the federal authorities on the one hand and the State authorities on the other hand;
– on questions of public law between States;
– on petitions regarding violations of citizens’ constitutional rights, as well as petitions by individuals for violation of treaties and arrangements.
14. Administrative disputes, to be specified by federal legislation, are reserved.
15. In these cases, the federal Court judges in accordance with the laws enacted by the federal Congress and the resolutions of a general binding nature, as well as the treaties it has ratified.
16. It is left to the federal legislation to include other cases in the jurisdiction of the federal Court besides those already designated in this article, paragraphs 9, 10, 12, 13, 14 and 15, and to determine the functions to be assigned to the same Court as a result of issuing of the laws provided for by article 119, paragraphs 1, 2 and 3, in order to the uniform application of the same.
Art. 34.- President of the federal Court
The President of the federal Court is elected by the members and substitute members, holds office for one year, and cannot be re-elected to the same position subsequently. The successor must come from a different State.
Art. 35.- Federal administrative Court
1. The federal administrative Court hears disputes relating to administrative matters pertaining to the United States of Europe, that are referred to it by federal legislation.
2. It also hears disciplinary cases of the federal Administration, which are remitted to it by federal legislation, unless a specific jurisdiction is set up for them.
3. The administrative Court deliberates in accordance with federal legislation and international treaties ratified by the federal Congress.
4. Member States, with the approval of the federal Congress, can refer the decision of administrative disputes that are pertaining to them, to the federal Administrative Court.
5. The organization of administrative and disciplinary jurisdiction within the United States of Europe, as well as the procedures, are established by law.
Art. 36.- Defender of Democracy
1. The Defender of Democracy is an expert of the highest competence, ability, and democratic rectitude, elected directly by the People at the European level (for the voting procedures see paragraphs 6 and 7).
2. He or she must find a way to allow as much as possible a high level of transparency (also making use of the Internet network) especially in federal budgets and government expenditure, in revenue and doings of those who hold public office.
3. He or she checks and monitors, assisted by qualified staff, to ensure the sovereignty of the People, direct democracy for all citizens, respect for the USE federal Constitution, civil, human and political rights, the enforcement of laws, the proper use of public property, freedom in its various aspects, the implementation of anti-trust legislation, free competition, the pluralism and freedom of information, the development of culture and artistic expression, the advancement of scientific research and communication, the absence of conflict of interests, corruption, financial abuse and unauthorized monopoly (in any event, no monopoly of telematic networks, software, and genetic products). Besides, he or she checks and monitors to ensure democracy and non-violence of political parties, the clear independence between the four powers (executive, legislative, judicial and informative), and the unequivocal separation between the United States of Europe and any religious institution.
4. He or she is directly accountable to the citizens and must make any anomaly, irregularity or non-fulfilment public, information distortions at once.
5. The Democracy Guardian holds office for one year. At the end of the year, he or she can be re-elected by popular vote. After four mandates, he or she cannot be re-elected. The successor has to come from a different State.
6. Voting procedure: every political group (party, movement, association, etc.) can propose only one candidate for Defender. Candidates are voted individually, one by one, by all European citizens: voters vote ‘YES’ or ‘NO’ depending on whether they consider her or him suitable or not suitable, respectively, for this task. Every candidate who gets the ‘YES’ with 50% + 1 (without taking into account the decimal) of the valid votes is eligible – a majority is determined separately for each candidate.
7. The Defender is chosen by a second ballot among the most voted of these, in absolute terms. The second ballot will be carried out in a later turn, with an only form (see art. 24, paragraphs 4, 11 and 12 for the second-ballot procedure):
a) In case four candidates have obtained the ‘YES’ with 50% + 1 of the valid votes, these four are admitted to second ballot.
b) In case five or more candidates have obtained the ‘YES’ with 50% + 1 of the valid votes, the four with the most votes ‘YES’ remain in the second ballot.
c) In case three candidates have obtained the ‘YES’ with 50% + 1 of the valid votes, these three are admitted to second ballot.
d) In case two candidates have obtained the ‘YES’ with 50% + 1 of the valid votes, these two are admitted to second ballot between them.
e) If a only candidate has obtained the ‘YES’ with 50% + 1 of the valid votes, this is elected Defender.
f) If no candidate has obtained the ‘YES’ with 50% + 1 of the valid votes, citizens must vote for other candidates within a reasonably short time or, if citizens request it with a vote on the same ballot paper, the Defender is not elected for that particular year.
Art. 37.- Central Bank of issue
1. The United States of Europe states the monetary system and issues, if it is necessary, provisions for the exchange rates of foreign currencies.
2. The United States of Europe has the exclusive right to issue banknotes and any other fiduciary currency and to mint coins through the federal Central Bank placed directly under the USE’s special administration. If a popular vote gives prior approval, the United States of Europe can entrust the management, subject to the right of redemption, to a Central Bank limited by shares, always administered with the cooperation and under the supervision of the United States of Europe. The federal Congress must always vote on the amount of money to be issued and its use.
3. The issuing Central Bank has the monopoly of banknotes. It regulates the circulation of money in the United States of Europe, facilitates payment transactions, and carries out, within the limits of federal law, a credit and monetary policy that serves the overall interests of the European Federation.
4. The net profit of the Central Bank – besides an equitable interest or dividend to be paid to the endowment capital or share capital, as well as besides necessary allocations to the reserve fund – pertains to each member State for at least 67%.
5. The Central Bank and its branches are not subject to any tax in the member States.
6. The United States of Europe cannot suspend the obligation to repay banknotes or any other fiduciary money, and cannot decree their legal tender, except in times of war or severe disturbances in the monetary situation.
7. The banknotes that are issued must be covered by gold, securities, and short-term assets.
8. Federal legislation shall issue the provisions necessary to implement this article.
Art. 38.- Governor of the Central Bank
1. The Governor of the Central Bank of issue is appointed by the federal Council as well as the Deputy Governor. They hold office for four years. The successors must be from a different State.
2. A federal law establishes the methods of composition and appointment of the Bank’s governing board.
Art. 39.- Armed Forces
1. The Federation does not have the right to maintain permanent military forces.
2. The Armed Forces of the United States of Europe are made up of permanent military forces of the member States and also of all European citizens who, although not included in the military forces, nevertheless have the duty to do temporary military service.
3. Any State can have a maximum number of permanent forces equal to 0.11% of its population, not including military police, and in any case not more than 90,000 unless otherwise allowed by USE institutions.
4. Every European citizen is obligated to do temporary military service. The law provides for an alternative civilian service (see article 173).
5. Citizens can be exempted from temporary military service by paying a tax which is collected by the member State on behalf of the United States of Europe in accordance with the provisions of the federal legislature.
6. Military service for women is voluntary.
7. All male citizens, who are majors, up to the age of thirty years must participate in temporary military service, unpaid, for a week each year.
8. All citizens will undertake military training in their own States.
9. The States are responsible for the composition of their military forces, the economic measures to maintain them, and the appointment and promotion of their officers, under the general rules set out by the United States of Europe.
10. Members of the armed forces who lose their lives during federal military service or who are subject to permanent physical imperfections are entitled, in case of need, to the Federation’s assistance for themselves or their families.
11. Members of the armed forces free receive their first armament, clothing and equipment. The weapon remains to the member of the armed forces according to conditions that are determined by federal law.
12. The right to dispose the federal Armed Forces, including the war material relevant to them by law, pertains to the USE federal Congress.
13. In times of danger, the Federation has the exclusive and immediate right to have military groups that are not part of the armed forces, and to have all other means of war belonging to the member States at its disposal.
14. Member States have the military forces of their respective territory at their disposal, as this right of them is not limited by the provisions of the Constitution or federal laws.
15. Laws concerning the organization of the armed forces are issued by the Federation. Their putting into effect in the States takes place, within the limits described by federal law and under the supervision of the United States of Europe, by means of the State authorities.
16. Military training and the provision of war material pertain to the Federation.
17. The provision of clothing and equipment and their maintenance pertain to the States; however, the Federation will reimburse in part or all the expenses incurred in accordance with rules to be established by federal legislation.
18. Against fair compensation, the United States of Europe has the right to acquire in use or to requisition property of buildings and parade grounds with their appurtenances that are located in the States which have military destination. The conditions of compensation are governed by federal legislation.
Art. 40.- General of the Armed Forces
In peacetime there is no Commander General of the USE Armed Forces. Only in the event of war is he elected by the federal Congress in joint session. He holds office for the war period at the latest.
Art. 41.- Separation of powers
The complete separation among executive power, legislative power, judicial power, and information power must always be carried out.
Art. 42.- Seats of federal authorities
1. The headquarters of the federal Congress, the headquarters of the federal Council, the headquarters of the federal Court and the headquarters of the Central Bank of issue must be located in four different States of the United States of Europe.
2. Everything that relates to these seats is subject to federal legislation.
Art. 43.- Responsibilities of officials of the United States of Europe
All members who hold central or local posts within the United States of Europe are responsible for their management. A federal law determines these responsibilities in detail. All elected members who hold central or local administrative offices are obliged to make accessible for citizen control all documents concerning their activities, their dealings and their decisions.
Art. 44.- Incompatibility
1. In order for the person elected to carry out any office at USE or State level, said person must first resign from any other public or private position and renounce any company ownership and any noble titles.
2. The same person cannot simultaneously hold public offices at USE or State level and offices at the regional or municipal level.
3. In particular, at any level, a member of the Council cannot at the same time be a member of Congress, nor of the Court, and a member of Congress cannot simultaneously be a member of the Court.
4. The President of the Council of Ministers and the General of the Armed Forces, holding office in the same year, must be from two different States.
5. Individuals who have been convicted of fraudulent or malicious crimes with penal sentences, or who are charged with fraudulent or malicious crimes, or individuals called to justice by an arrest warrant, cannot hold office at central or local level or put themselves forward as candidates.
6. Who holds office at central or local level must suspend himself or herself from the office in case he or she is charged with fraudulent or malicious crimes.
7. Immunity of politicians is abolished.
8. The Constitution does not allow political parties that seek to reduce or limit the direct democracy of citizens, or which advocate violence or racism or pursue religious or ideological fundamentalism. Parties are not allowed that are offshoots of secret groups or deviant lobbies, military and paramilitary organizations, religious institutions, multinationals and large companies of economic or financial importance.
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Chapter 2 – GENERAL PROVISIONS
Art. 100.- European citizenship
1. Every citizen of a member State of the United States of Europe is a European citizen. As such, they can take part in all elections and popular votes at the Municipality in which they reside. No-one can exercise political rights contemporaneously in more than one State.
2. European citizens enjoy all the rights of the State in the place in which they reside, together with all the rights of the citizens of the Region and the Municipality.
3. In state, regional and municipal affairs, a European citizen newly registered as a resident acquires the right to vote after a waiting period of three months of permanent settlement.
4. Every European citizen can take up permanent settlement anywhere in the United States of Europe.
5. No European citizen can be expelled from the territory of the United States of Europe.
6. The Federation regulates the acquisition and loss of citizenship by origin, marriage and adoption, as well as the loss or reintegration of European citizenship.
7. European citizenship can also be acquired by naturalisation in a State, Region and Municipality. Naturalisation is granted by the States, subject to receipt of the relevant federal authorization. The Federation shall issue minimum prescriptions.
8. A naturalised person shall enjoy the same rights and obligations as other citizens of States, Regions and Municipalities.
9. The United States of Europe can promote relations of European citizens abroad among themselves and with the USE, and can support institutions that serve this purpose.
10. The USE can issue the necessary provisions to regulate the rights and duties of European citizens abroad, particularly with regard to the exercise of political rights, fulfilling the obligation of military service, and assistance. These provisions are issued after consulting the member States.
11. Establishing the rights of citizenship for people without a homeland is the subject of federal legislation.
Art. 101.- Rules for popular votes
1. To call a popular initiative or referendum at the federal level, on laws and decrees of the United States of Europe, it is necessary to collect a number of electronic signatures equal to 0.4% of the total population of the federal territory. The time allowed for the collection of electronic signatures is six months; the popular vote must take place as soon as possible. At every level, once the signatures have been collected according to the procedures established by the Constitution, the execution of the popular referendum is always obligatory. A popular vote at the federal level can also be called by one-third of the States.
2. In case of a popular initiative, the territorial Congress can submit a counter-proposal within 90 days, and citizens will cast votes on the two proposals (see article 175, paragraph 11). The Congress can alternatively present some amendments to some articles of the popular initiative proposal; in this case citizens will vote ‘YES’ or ‘NO’ on the proposal and also on each amendment, article by article: if the ‘YES’ in favour of the popular initiative proposal wins, the proposal becomes law with immediately executive effect and with the amendments that individually obtain the majority of ‘YES’.
3. Decrees that are considered urgent can be submitted to a popular referendum.
4. Constitutional laws are mandatorily subject to double popular approval at the federal level.
5. The following are also mandatorily subject to double popular approval at the federal level: international treaties concluded for an indefinite period and without the possibility of notice, international treaties providing for membership of the United States of Europe in an international organization, and international treaties involving multilateral unification of law. For urgent cases in periods of severe economic crisis, this section remains reserved.
6. Also mandatorily subject to dual popular approval is USE membership in organizations for collective security or in supranational communities.
7. Referendums for changes, partial or complete, of the Constitution, or of the above treaties, require a number of electronic signatures equal to 0.8% of the European population, and the timeframe to gather them is twelve months.
8. Citizens can revoke the assignment, always by popular vote with dual approval, of any member elected by them or by institutional bodies, and can bring the entire federal Council down, when they hold that its action is not proper to general interests.
9. Calling a revocatory referendum requires a number of electronic signatures equal to 0.8% of the population of the territory concerned, and the time to gather them is six months.
10. On the second Sunday of each month, except for October, as voting takes place on the “election day” (see art. 174), throughout the Federation the People are called to vote with all the various referendums called at the different territorial levels, on the subjects that interest them.
11. All referendums must be adequately publicised in a standard format, with equal spaces for the ‘YES’ and ‘NO’ committees.
12. Whenever any matter submitted to a referendum at the federal or state level gets the dual approval of the majority of voters and of the number of States or, respectively, Regions, it becomes immediately enforceable law. Whenever any matter submitted to a referendum at the regional or municipal level, gets the approval of a majority of voters, it becomes immediately enforceable law.
13. The results of popular votes are mandatorily enforceable law immediately.
14. It is forbidden to disturb the voting process by making threats of blackmail or vexatious behaviour of any kind for the purpose of influencing the vote. It is forbidden to set a minimum attendance (quorum) at any level. The results of referendums are valid regardless of the percentage of voting citizens. It is forbidden to set any other type of quorum.
15. It is forbidden the fraudulent or remunerated obtaining of signatures.
16. In case of early fall of a Congress or Council, at any level, or a municipal Mayor, the popular vote for the new election shall take place within a maximum of 60 days.
17. In voting to elect members of the Chambers at every level, the voter may express preferences for candidates of the party he voted for and/or candidates of other parties. The voter may also optionally express non-preferences for candidates of the party he voted for. A federal law will establish the modalities in detail.
Art. 101a.- Temporary rules for manual votes
1. If the collection of signatures is manual (not yet automated), the percentages of required signatures shown in the previous article 101 are halved and the respective maximum time for collection are multiplied by two.
2. The manual collection of signatures must be facilitated without bureaucratic obstacles, and the controls must be promptly carried out so as not to obstruct the collection.
3. The popular referendum must be carried out by means of the postal system: the citizen can send his vote by post in double sealed envelope.
Art. 102.- Petition and popular bill
1. Citizens are guaranteed the right of petition. The authorities must take note of the petition and make a response within 160 days.
2. The popular bill requires the collection of a number of electronic signatures equal to 0.15% of the USE population, or 0.30% at the state level, 0.45% at the regional level or in the large Municipalities, 0.60% at the municipal level (with a minimum of 60 signatures for the smaller Municipalities). The time to gather the signatures is five months. The USE or State Congress must vote on the proposal within twelve months, the local Congress must vote on it within eight months. With this bill there is no popular referendum, which is mandatory instead for the popular initiative. Only in the event that the Congress does not vote on the popular bill in the aforementioned terms, a popular referendum must be made on the same bill within the following four months.
(Editor’s notice: – The two institutions referred to in this article are relevant to the democracy of participation, rather than direct democracy).
Art. 103.- Foreign Affairs
1. The Foreign Affairs fall within competence of the United States of Europe.
2. The United States of Europe will do everything possible to safeguard the independence and wellbeing of the Federation.
3. In particular it will take steps to help populations in need and to combat poverty in the world, fostering respect for human rights and promoting direct democracy, in order to ensure peaceful coexistence of Peoples and to safeguard the natural foundations of life.
4. The USE States collaborate in drawing up foreign policy decisions which involve their competences or their essential interests. The United States of Europe keeps completely and timely informed the member States and consults them; the opinions of member States are especially significant in sectors involving their competence. In such cases the member States collaborate in an appropriate manner in the international negotiations.
Art. 104.- Relations between member States
1. Member States have the right to conclude agreements amongst themselves on subjects of legislation, justice or administration; they must, however, submit them to the federal authority which, if such agreements contain certain things contrary to the Federation or the rights of other States, is authorized to prevent them from coming into force. Otherwise, the respective States have the right to request the cooperation of the federal authorities in order to the execution.
2. Member States can conclude treaties with foreign States on public economics, neighbourhood agreements and police relations; these treaties must not contain anything contrary to the Federation or the rights of other member States.
3. Official relations between the member States and the governments of foreign States, as well as with their representatives, take place by means of the federal Council.
4. However, for the subjects mentioned in paragraph 2, member States can correspond directly with the authorities and subordinate employees of a foreign State.
5. Pensions or salaries, titles, gifts or orders of chivalry cannot be accepted from foreign governments by members of the federal authorities, the civil and military officials of the United States of Europe and federal representatives or commissioners, as well as members of the Councils and Congresses of the member States. Breaking this rule leads to loss of his or her mandate or his or her function for the person concerned.
6. Anyone who is already in possession of pensions, titles or chivalry orders, cannot be elected as a member of the federal authorities and cannot be appointed civil or military official of the United States of Europe, or federal commissioner or representative, or elected as a member of the government or the Congress of a member State, unless he or she expressly waives to enjoy pensions or to have titles, or returns the decorations, before taking office.
7. Equally, members of the Armed Forces of the United States of Europe cannot flaunt or accept decorations, or assert titles conferred by foreign governments.
8. When there is contention between the member States of the USE, they must refrain from taking the law into their own hands, and instead submit to the federal decision.
9. When a member State is suddenly threatened with danger from abroad, the Council of the State in question has the obligation to ask the other member States for help, at the same time informing the federal authority, without prejudice to the other provisions of the same authority. The requested States have a duty to come to help. The costs are borne by the Federation.
10. When the internal order of a member State is disturbed, or when danger is threatened by another member State, the Council of the State in question must immediately inform the federal Council, so that the latter within the limits of its attributes (see article 28, paragraphs 4.10 and 11) can take the necessary provisions or convene the federal Congress. In urgent cases, the respective state Council is authorized, by giving immediate notice to the federal Council, to ask for help from other member States which are duty bound to provide such help.
11. When the Council of a member State is unable to ask for help, the competent federal authority can intervene on its own initiative; if also the security of the USE is threatened, the competent federal authority must intervene on its own initiative.
12. In cases of federal intervention, the authorities of the United States of Europe shall oversee in order that the prescriptions of article 3, paragraph 3, are fulfilled.
13. The costs shall be borne by the requesting State or the State that caused the federal intervention, unless the federal Congress decides otherwise by reason of special circumstances.
14. In the cases referred to in paragraphs 9 and 10, each member State is duty bound to provide unhindered passage for the troops. Such troops must be immediately placed under federal command.
Art. 105.- Welfare
1. Within the limits of its constitutional functions, the United States of Europe shall take measures to increase the general welfare and to provide economic security for the citizens. A basic income, the same for all citizens, can also be established.
2. The provisions must be enacted in the form of laws and decrees, for which popular vote can be required.
3. A federal law establishes the minimum wage, the minimum pension and the possible basic income that shall be disbursed to ensure a dignified life.
Art. 106.- Employment
1. Citizens have a fundamental right to work.
2. The Federation has the right to deliberate uniform provisions on the duration of the working day in factories, and to issue provisions for the protection of workers in unhealthy or dangerous industries. Child labour in factories is prohibited.
3. The Federation establishes statutory insurance against accidents at work, taking into account the existing relief funds. The Federation can declare this insurance compulsory for all citizens or certain categories only.
4. The operations of private enterprises in the field of insurance and employment agencies are subject to the supervision and legislation of the United States of Europe.
5. The Federation shall issue provisions on vocational training in various fields and on placement services.
6. Member States can subordinate practice of free profession to a test of capacity. Federal legislation provides that capacity certificates can be obtained in such a way as to be valid throughout the United States of Europe.
7. Workers’ representation in management will be encouraged. The workers, or the organs elected by them, can participate in the decisions on production, personnel and services of the enterprise where they have their work. The employees become the owners of a part of the company’s shares.
8. In order for company managers are elected, they must have the consent by a majority of the employees, expressed by vote. Always by vote of the workers, this choice is verified every two years: it is a recognition of their merit.
9. The remuneration of executives of multinationals, listed companies and joint-stock companies in general, is decided by the shareholders’ meeting, from year to year, depending on the results achieved by management. Any reward is prohibited, such as awards and bonuses, when an executive leaves the company and in case of acquisitions or in case of sale of a part of the company.
10. The execution of paragraphs 7, 8 and 9 is governed by federal legislation, bearing in mind, for paragraphs 7 and 8, the differences and variety of business enterprises, and the specific situations in the individual States and territories.
Art. 107.- Labour Unions
1. The USE recognises workers’ freedom to form labour unions that are independent of outside organizations. The members must be elected by the workers themselves and are to hold office for two years.
2. Agreements on employment contracts must be approved by a vote (possibly digital) of all the workers involved.
3. It is forbidden to condition the voting in any way, to intimidate workers by threats of blackmail or vexatious behaviour of any kind in order to influence the vote. Employment agreements cannot contain clauses that are unconstitutional or contrary to current legislation.
4. The right to take strike action is governed by federal and local legislation.
Art. 108.- Employment relations
1. The United States of Europe can issue provisions:
a. on the protection of workers;
b. on the relationship between employers and employees, especially the common regulation in matters affecting companies and occupations;
c. for conferring general mandatory character to collective employment contracts or other agreements, between employers and employees’ organizations, in order to foster peace in the workplace;
d. on adequate compensation of salary or earnings lost as a result of military service;
e. on the placement services;
f. on vocational training in industry, handicraft, trade, agriculture and services in the domestic economy.
2. The general mandatory character mentioned in paragraph 1, letter ‘c’, can be conferred only for labour relations between employers and workers, and only if the contracts or agreements shall take due account of regional diversity, the legitimate interests of minorities, respecting equality before the law and freedom of association.
3. The provisions of articles 105 (paragraph 1), 110 (paragraphs 1, 2, 3, 4, 5, 6 and 7), 126 (paragraphs 3, 4, 5 and 7) and 154, shall apply from analogy.
Art. 109.- Unemployment
1. The United States of Europe regulates, through legislation, insurance against unemployment. It can enact provisions for aid to the unemployed.
2. Unemployment insurance is compulsory for employees. The law determines the exceptions. The Federation shall ensure that self-employed people are able to insure themselves under certain conditions.
3. Unemployment insurance provides adequate compensation for lost earnings, and promotes financial measures to prevent and combat unemployment.
4. Unemployment insurance is funded by contributions from insured persons; if they are employees, half of the contributions are paid by their employers. The law defines the employment income subject to contributions, as well as the contribution rate. Under extraordinary circumstances, the United States of Europe and the member States can grant financial assistance.
5. The member States and economic organizations cooperate to enact and enforce legal provisions.
Art. 110.- Economic crises
1. The Federation shall adopt measures for balanced development of the economic situation, and, in particular, to prevent and combat unemployment and rising prices. It cooperates with the States and with the economic system.
2. When adopting measures in the monetary and banking sectors, public finance and economic relations with foreign countries, the Federation can depart from the principle of freedom of trade and industry. The Federation can require companies to establish crisis reserves with tax advantages. After releasing these reserves, the companies are entitled to use the funds for the purposes established by law.
3. The United States of Europe, member States, Regions and Municipalities draw up their budgets taking into account the needs of the economic situation. To stabilise the economic situation, the United States of Europe can levy surcharges or grant abatement on federal taxes and dues, all on a temporary basis. The funds thus absorbed must be set aside as long as the economic situation requires it. The federal direct taxes and direct dues are then individually reimbursed, and indirect taxes and dues are used to allocate tax abatements or to provide job opportunities.
4. The Federation takes into account the disparity in the economic development of the various Regions of the Union.
5. In case of temporary or enduring economic crisis, workers must not be laid off in the affected areas; instead, during the year, everyone will work nine, ten or eleven months instead of twelve, so that nobody is left without work.
6. The Federation carries out surveys required by the economic situation.
7. In the event of extremely severe economic and financial crisis, especially at the international level, even if due to factors that are not directly economic (very vast environmental disaster and, often consequently, devastating pandemic; war, etc.), after taking the measures referred to in the preceding paragraphs and finding that they are not sufficient to solve the crisis, the Federation can increase taxation up to a maximum rate of 91% for the most affluent categories, exceptionally and as long as the great slump requires it. The proceeds will be used for a substantial increase in low-wages, up to their doubling, and for a substantial rise in minimum pensions, to support agricultural subsidies for farmers, and to guarantee a temporary basic income for everyone, for the construction of a lot of new public works (including large ones), so that there is a substantial increase in employment instead of seeing to welfare payments. The Federation shall issue provisions of the law on the mode of execution.
8. All the provisions of this article must be issued in the form of laws and decrees for which a popular vote can be required.
Art. 111.- Social security
1. The Federation shall take the measures necessary to achieve a sufficient welfare for old age, survivors, and disability. It is composed of federal insurance, occupational pensions and individual pensions.
2. The Federation shall set up statutory insurance for old-age, survivors and disability, which is compulsory for the entire population. This insurance provides cash benefits and, where necessary, benefits in kind. Pensions must meet the requirements of basic needs. The maximum pension should not exceed twice the minimum one. Pensions must be linked to the evolution of prices. States shall cooperate in the implementation of welfare insurance; professional associations and other public or private organizations can be called upon to cooperate.
3. Welfare insurance is funded by:
a. the contributions of the insured, of which 50% is paid by the employer for each employee;
b. a USE contribution not exceeding half of the expenditure and covered by the net proceeds of taxes and certain customs duties;
c. a contribution from the member States, if the law so provides, which reduces the federal one correspondingly.
4 .0The United States of Europe takes the following legislative measures in the field of occupational pension plans, to enable the elderly, survivors and disabled people to maintain a decent standard of living, and taking into account the federal insurance performance:
– the USE obliges employers to insure personnel with an institution of administrative or associative, corporate social security or with similar institution, and to pay at least half of the contributions;
– the USE lays down the minimum requirements which these social security institutions must meet; special measures can be required at the federal level to solve certain problems;
– the USE makes sure that every employer has the opportunity to insure their personnel with a social security institution; the USE can institute a federal pension provision;
– the USE checks that self-employed people have the opportunity optionally to insure themselves with an occupational social security institution, under conditions equivalent to those offered to employees. Insurance can be compulsory, in general or to cover special risks, for certain categories of self-employed people.
5. The USE makes sure that federal insurance and occupational social security can develop in the long term, according to their purpose.
6. Member States can be obliged to grant tax exemptions to the institutions of federal insurance or occupational social security, as well as tax relieves to insured persons and their employers, in respect of contributions or entitlements of leave of absence.
7. The United States of Europe, in cooperation with member States, encourages individual social security, primarily with provisions on fiscal policy and on policy in ownership matters.
8. The USE promotes the integration of disabled people and supports efforts made in favour of the elderly, survivors and disabled people. For this purpose, it can use the financial resources of the federal insurance system.
Art. 112.- Families
1. The United States of Europe shall take into account the needs of families, exercising the authority conferred on it and within the limits of the Constitution.
2. The USE is authorized to legislate in matters of compensation funds for families. The Federation can declare mandatory enrolment to such funds for the entire population or for certain groups of people. The Federation takes account of existing funds, supports the commitments of States to set up new funds, and can establish a federal compensation fund. The Federation can decide that its financial performance depends on an equitable participation of the member States.
3. The Federation establishes maternity insurance by law. The Federation can declare mandatory enrolment to such insurance for the entire population or for certain groups, and can also oblige some people, who cannot benefit from insurance benefits, to the payment of contributions. The Federation can decide that its financial performance depends on an equitable participation of the States.
4. Laws enacted pursuant to this article shall be implemented with the cooperation of States; there may be collaboration with public and private law associations.
Art. 113.- Children
1. Children born from marriages, out of wedlock, from common law marriages, from assisted reproduction or artificial insemination (homologous, heterologous, in vitro, etc) or children adopted, are all on equal terms with exactly the same rights.
2. Children and young people have the right to the special protection of their integrity and to the encouragement of their development.
3. They may personally exercise their rights to the extent that their power of judgment allows.
4. All adoptions and the necessary conditions for obtaining them are governed by federal laws.
5. The Federation is entitled to give its contribution to institutions, whose aim is to protect abandoned children.
Art. 114.- Marriage
1. The right of marriage is placed under the protection of the Federation.
2. The right of marriage cannot be hindered by economic or religious reasons, nor for reasons of previous conduct.
3. Marriages conducted in member States or abroad, in accordance with current laws there, are recognised as valid throughout the United States of Europe.
4. It is forbidden to require the spouses to pay wedding taxes of any kind.
5. Common law couples have the same rights referred to in the preceding paragraphs.
6. The remaining conditions are determined by federal law.
Art. 115.- Assistance in case of need
1. The United States of Europe issues provisions in order that people with very low incomes (insufficient to cover the basic needs of a family or an individual) have temporary subsidies.
2. In case of elderly people (over seventy) or of serious handicaps, the subsidy can become permanent.
3. Everyone has the right to food.
4. People in need are assisted by the Municipality in which they live. The costs of providing assistance are borne by the State of permanent settlement.
Art. 116.- Housing
1. The United States of Europe shall adopt measures to promote housing construction, especially with the reduction of costs, and to enable citizens to purchase property such as apartments and houses. Federal law determines the conditions attached to USE grants.
2. In particular, the Federation has the right to:
a. facilitate the achieving and urbanisation of areas intended for housing construction;
b. support initiatives regarding housing and environmental matters for the benefit of families, people with low incomes, the elderly, the disabled and people in need of care;
c. promote research in the construction sector and in the housing market, as well as rationalising the construction;
d. take steps to guarantee the required funding for housing construction.
3. The United States of Europe can enact the indispensable provisions of the law for the urbanisation of areas to be used for housing construction, and for rationalization of the building industry.
4. States, Regions and Municipalities are invited to participate to the realization of such provisions in cases where these measures, by their nature, don’t fall exclusively under the federal competence.
5. States, Regions, Municipalities and organizations concerned must be consulted before executive laws are enacted.
6. The United States of Europe has the right to issue anti-abuse provisions in respect of lease. It regulates the protection of tenants from unfair rents and other improper claims by the lessor, the impugnment of illicit notices of termination, and the temporary protraction of lease relations.
7. To facilitate agreed solutions and prevent abuses of rents and accommodations, the United States of Europe can issue provisions concerning the bestowal of general obligatoriness to framework leases and to other measures taken conventionally by the associations for tenants and landlords or other organizations that protect similar interests. By analogy, article 108, paragraph 2 shall apply.
Art. 117.- Domicile and residence
1. A federal law determines the difference between domicile (permanent settlement) and residence, at the same time establishing special rules for the political and civil rights of European resident.
2. In civil law relations, citizens are usually subject to the jurisdiction and law of the place where they are domiciled. Federal legislation enacts the provisions necessary for the application of this principle and to prevent the occurrence of double taxation.
3. The laws of the member States, on the domicile and voting right of residents at the regional and municipal level, must be approved by the federal Council.
4. The Federation can regulate the right of recourse against the State of a previous domicile or against the State of origin.
Art. 118.- Healthcare
1. The Federation introduces legislation for compulsory insurance against illness, taking into account existing healthcare funds.
2. The United States of Europe has the right to enact provisions of the law to combat communicable diseases, or those that are widespread or malignant, affecting human beings or animals.
3. The Confederation shall legislate in the field of organ, tissue and cell transplants. In doing so, it shall ensure the protection of human dignity and health. It shall in particular lay down criteria for the fair allocation of organs.
4. Any donation of human organs, tissue and cells must be free of charge. The trade in human organs is prohibited.
5. The genetic material of a person may be analysed, registered or made public only with the consent of the person concerned or if the law so provides. Every person shall have access to data relating to their ancestry.
6. Human beings and their environment shall be protected in case of a possible misuse of gene technology.
Art. 119.- Civil justice
1. Federal legislation deals with:
– civil capacity;
– all legal dealings relating to the transactions and circulation of securities (law of obligations, including law of stock exchange transactions and exchange);
– literary and artistic property;
– protection of inventions applicable to industry;
– enforcement proceedings for debts and bankruptcy.
2. The Federation is empowered to legislate in other matters of civil law.
3. The regulation of courts, the judicial process and the administration of justice, fall within the competence of the States.
4. No-one can be taken away from his constitutional judge; therefore no type of special tribunal can be set up. Ecclesiastical jurisdiction is not admitted.
5. All States have an obligation to consider all European citizens as equal citizens of their own State, in terms of legislation and judicial procedures.
6. All civil judgments, that are legally enforceable and delivered in a member State, must obtain enforcement throughout the United States of Europe.
7. The solvent debtor who has permanent settlement in the United States of Europe must be summoned in the courts of the place of his or her domicile, for personal motions; consequently, by way of personal obligations, his or her assets outside the State in which he or her is domiciled cannot be seized.
8. Personal imprisonment for debt is prohibited.
9. The provisions of the relative international treaties remain in force as regards foreign countries.
Art. 120.- Criminal justice
1. The Federation is empowered to legislate on criminal law.
2. The regulation of courts, the judicial process and the administration of justice, fall within the competence of the States.
3. The federal law sets limits within which a European citizen can be deprived of his or her political rights to be elected or appointed to positions with federal, State or local bodies; however, citizens can never be deprived of the right to popular vote and voting for elections.
4. The death penalty and corporal punishment are prohibited.
5. The Federation and the States shall provide that victims, of crimes against life and the integrity of the person, can benefit from aid. This must include fair compensation when victims have difficulty earning a living as a result of the crime.
6. In the event of serious financial losses in the conduct of public or private companies, the liable or guilty top managers and heads must repay all the money that has disappeared and any money that may have been stolen by them.
7. The Federation has the right to grant States with subsidies for the construction of penitentiaries, institutions for work and correction, as well as for improvements within the ambit where they are serving a sentence.
8. The federal law establishes the necessary rules on extradition of the accused from one State to another; however, extradition cannot be made compulsory for political crimes or press and information offenses.
Art. 121.- Finance
1. The Federation long-term balances its revenue and its expenditure, and must amortize the possible deficit in its balance sheet. In making such a depreciation, it must take into account the economic conditions: in making such a depreciation, it must take into account the economic conditions: the total expenditure to allocate during the years of favorable economic situation must also provide for the establishment of reserves; while in the years of crisis it must also provide for countercyclical actions of spending and with budgets in the red (in order to restrain public debt as well – editor’s note).
2. The federal Council elaborates the financial plan with the budget, and draws up the final balance for the United States of Europe.
3. The federal Congress decides on expenditure of the United States of Europe, whose it adopts the budget and approves the final balance.
4. The citizens are called to decide on the budget, choosing in general terms the various possibilities in each field and the destination of public expenditure, when this exceeds a given figure established by law at federal, state and local level.
5. Every increase in public debt has to be authorized by popular vote, if this is required.
Art. 122.- Taxation
1. The United States of Europe can collect the following taxes:
a. stamp duty on securities, insurance premium receipts and other documents relating to commercial transactions; the stamp duty does not extend to documents relating to land transactions and real-estate mortgage;
b. tax as a precautionary measure (withholding tax) on income from movable capital, on lottery winnings and insurance benefits;
c. taxes on raw tobacco and tobacco products, as well as on other substances or products intended for the same use of tobacco;
d. special taxes paid by persons domiciled abroad, to offset fiscal measures taken by foreign States.
2. Whatever is subject to a federal tax referred to in paragraph 1, letters ‘a’, ‘b’ and ‘c’, or declared tax-exempt by Federation, cannot be burdened with state, regional or municipal taxes of the same kind.
3. The United States of Europe can also collect value added tax (VAT or turnover tax).
4. Turnover which is subject to federal tax, or which is tax-exempt, cannot be subjected to further taxes of the same kind by the States, Regions or Municipalities.
5. The value added tax can affect the supply of goods and services and imports, according to a system in several stages with previous tax deductions. The tax can amount to at most 7%. Ten per cent of the tax proceeds is allocated to provisions in favour of lower income groups.
6. To ensure the financing of the insurance for old-age, survivors and invalids, in case such financing is no longer guaranteed because of increased life expectancy, the VAT rate can be increased at most by up to one percentage point, through a federal decree of general obligatoriness submitted to a popular referendum.
7. The United States of Europe can levy special consumption taxes on the following goods: oil, other mineral oils, natural gas and products of their refining, as well as motor fuels made from other materials; beer; cars and their components.
8. Goods that are subject to federal tax, or which are tax-exempt, cannot be subjected to taxes of the same kind by the States, Regions or Municipalities.
9. The United States of Europe can collect a direct tax, under the following conditions:
e. it is levied on the income of individual persons and on net income, capital and reserves of legal persons. Whatever their legal form, legal persons must be taxed according to their economic capacity, and as far as possible equally;
f. it is levied by the member States on behalf of the United States of Europe. 30% of the gross proceeds of the tax is devolved to the States; at least 20% of the share devolved to the States is assigned to interstate equalization;
g. in establishing the tariffs, it is necessary to consider the burden of direct taxes collected by the States, Regions and Municipalities. The United States of Europe can collect tax:
– on incomes of individual persons, with a maximum rate of 12%, starting from a net income of 7,500 euros, or 9,500 euros for married persons;
– on the net income of legal persons, with a maximum rate of 10% ;
– on capital and reserves of legal persons, with a maximum rate of 0.1%.
10. The implementation of this article shall be regulated by federal legislation.
Art. 123.- Equalisation of taxes
1. The Federation promotes financial equalization among the States. The allocation of federal subsidies must take into account the financial capacity of the States and of the condition of the least-favoured Regions.
2. The Federation can enact, by legislation, provisions against agreements set up with taxpayers, in order to provide unjustified fiscal privileges.
3. In collaboration with the States, the Federation shall endeavour to harmonise direct taxes among them, whether they are federal, state, regional or municipal.
4. To this end, it establishes general rules, by law, for the state and local legislation on tax liability, the entities liable to taxation, and the calculation of taxes over time, the procedural law and criminal law on fiscal matters, and supervises compliance of everything. It remains the States are responsible for establishing tariffs and tax rates, as well as tax-exempt amortizations.
5. In enacting general rules for direct state and local taxes and in enacting legislation on direct federal taxation, the United States of Europe takes into account the States’ efforts in the field of tax harmonisation. The States shall be allowed a reasonable period of time to adjust their taxation laws.
6. Member States take part in the preparation of federal laws.
Art. 124.- Customs duties
1. Customs duties pertain to the United States of Europe.
2. The following criteria apply to the collection of customs duties:
– customs duties shall be as low as possible on incoming materials needed for industry, agriculture and general consumption, and on all outgoing materials;
– customs duties shall be higher on luxury items entering the USE.
3. duties legislation must contain provisions to safeguard relations of border and markets.
4. Under extraordinary circumstances, the Federation always has the exclusive right to adopt temporary special measures.
5. The proceeds of customs duties are devolved to the federal coffers.
6. The implementation of this article shall be regulated by federal legislation.
Art. 125.- Covering of the expenses of the United States of Europe
The United States of Europe pays for its own expenses by means of:
a) the income from federal property;
b) the net product of tax from military service exemption;
c) its share of clear gain of the Central Bank, which has a monopoly of issuing bank notes;
d) the product of customs duties;
e) the net product of postal services and telephones;
f) its share of the net proceeds of taxation on distilled beverages, and of gross receipts from the operation of games;
g) the product of the federal tax;
h) the product of other taxes and revenue provided for in the legislation.
Art. 126.- Commerce and industry
1. The freedom of commerce and industry is ensured throughout the United States of Europe, subject to the restrictive provisions of the Constitution and the laws derived from it.
2. The provisions of the States on the exercise and on taxation of trade and industry remain exclusive; however, they cannot be prejudicial to the principle of freedom of commerce and industry, unless otherwise decided by the Federation.
3. The Federation can enact provisions on the exercise of trade and industry, and take measures in favour of individual economic sectors or professions. Subject to paragraph 4, it must comply with the principle of freedom of commerce and industry.
4. When the general interest so warrants, the Federation has the right, if necessary departing from the principle of freedom of trade and industry, to issue provisions:
a. to safeguard important branches of the economy or professions threatened in their existence and to develop the professional skills of persons working on their own in these branches or professions;
b. to maintain a healthy rural population, ensuring the efficiency of agriculture and strengthening agricultural property;
c. to protect the regions where the economy is in danger;
d. to safeguard against the harmful effects of an economic or social nature that are produced by cartels and similar organizations;
e. to take precautionary measures in the field of economic defence of the United States of Europe and to ensure the supply of essential goods and services in the USE, in case of a serious shortage that cannot be remedied by the economy itself.
5. Provisions concerning paragraph 4, points ‘a’ and ‘b’, can be issued only if the economic sectors and professions adopt by themselves the internal measures that can fairly be expected of them. Federal legislation enacted by virtue of paragraph 4, points ‘a’ and ‘b’, must safeguard the development of the economic groups that are based on mutual aid.
6. States have the right to subordinate, by legislation, the management of bars and restaurants to personal capacity requisites, and the number of operators of the same kind to the needs, if this branch of the economy is threatened in its existence by an excessive competition. The related provisions must adequately take into account the importance of different kinds of commercial concerns for public welfare.
7. In addition, the Federation can authorize States, within the limits of its legislative powers, to enact provisions in fields that do not require a general discipline on the part of the Federation and in which the States are not competent by virtue of their right. These provisions must be enacted in the form of laws and decrees, for which a popular vote can be required.
8. The United States of Europe takes measures to protect consumers while safeguarding the economic interests of the USE and respecting the principle of freedom of trade and industry.
9. Regarding federal legislation on unfair competition, consumers’ organizations have the same rights as those granted to the professional and economic associations.
10. States provide conciliation or judicial procedures that are simple and quick, for disputes arising from contracts between ultimate consumers and suppliers, up to the value of the object of litigation established by the federal Council.
11. The United States of Europe is empowered to legislate on trade in foodstuffs and other objects of use and consumption, as they can endanger life or health.
12. The implementation of these laws is entrusted to the member States.
13. It is up to the Federation the import control at the border of the USE.
Art. 127.- Pricing of goods
To prevent abuses in setting prices, the USE issues provisions on the control of the prices in general, and prices and services offered by businesses and organizations that are market dominant leaders, especially cartels and similar organizations, whether public or private law. If necessary, such prices can be reduced.
Art. 128.- Distilled beverages
1. The Federation has the right to enact provisions, through legislation, on the manufacture, importation, distillation, sale and taxation of distilled beverages.
2. The legislation is intended to reduce consumption and therefore the importation and production of distilled beverages. It promotes the production and utilization of indigenous distillable materials in the form of foodstuffs or fodder. The Federation reduces the number of distillery equipment by purchasing them through free agreement with the owners.
3. The industrial production of distilled beverages is granted in concession to co-operative societies and other private companies. The concessions must allow the use of primary products since these cannot be used more appropriately in other ways.
4. Specialities obtained by distillation shall be subject to the payment of an USE tax. However, the producer must derive a fair profit for the materials of indigenous origin employed.
5. The non-industrial production of distilled beverages is permitted in existing domestic distilleries, provided that the distillation primary products come solely from indigenous harvest of the producer. The drink obtained like this is tax-exempt for the quantity used in the domestic economy and the producer’s agricultural business.
6. With the exception of the quantity required for the producer, which is exempt from tax, distilled beverages manufactured in the United States of Europe must be surrendered to the Federation which buys at fair prices.
7. Products that are exported or in transit or denatured are exempt from tax.
8. The proceeds of the tax on the sale and retail trade in the territory of the member State are devolved to the States. Permits for interstate and international retail trade are issued by the Federation; the proceeds are divided among the States according to their resident population.
9. Ten per cent of the net amount that the Federation draws from the tax on distilled spirits is devolved to the States, to be used in the fight against alcoholism, drug abuse or other addictive substances and the abuse of medicines, their causes and their effects. The amount is shared between the member States according to their resident population. The Federation’s share is used to support the insurance for the elderly, survivors and disabled people.
Art. 129.- Alcoholic beverages
1. Member States have the right, through legislation, to submit the retail trade of alcoholic beverages to the restrictions that are required for the public good. Retail trade in non-distilled alcoholic beverages is considered to be the trading in quantities of less than two litres.
2. The sale of non-distilled alcoholic beverages cannot be burdened by the member States with special taxes that are not licence taxes.
3. Legal persons cannot be treated more unfavourably by the member States than individual persons. The producers of wine and cider can sell their products in quantities of two or more litres without a license and without a tax.
4. The Federation has the right to issue, through legislation, provisions on trade in non-distilled alcoholic beverages in quantities of two or more litres. These provisions mustn’t be contrary to the principle of freedom of trade and industry.
5. Street trading and all forms of itinerant sale of alcoholic beverages are prohibited.
Art. 130.- Weights and measures
1. The system of weights and measures shall be established by the United States of Europe.
2. The execution of the relevant laws takes place through member States, under the supervision of the Federation.
Art. 131.- Languages of the United States of Europe
1. English is the official language of unified Europe.
2. Member States shall designate their official languages in relations with people of the same language. These are the national languages of the United States of Europe.
3. The freedom of language is guaranteed.
4. To ensure linguistic peace, the member States shall respect the traditional linguistic composition of the Regions and take the indigenous linguistic minorities into consideration.
5. The Federation and the States shall encourage understanding and exchange between the linguistic communities.
Art. 132.- Education and training
1. The member States of the United States of Europe provide compulsory primary education which is free of charge in State schools. Education must be exclusively under the direction by civil authority.
2. Young people shall have an excellent cultural and occupational training. Occupational competence must be acquired in all fields of social interest in depth, and particularly in those referred to in article 31, paragraph 4.
3. Attendance at state schools is for people of all confessions, without prejudice to their freedom of belief and conscience.
4. The travels and stays of the young in the States of the United States of Europe have to be promoted.
5. The English language shall be taught right from the start in all classes at all levels. Everyone shall be given the opportunity to speak English.
6. All USE languages constitute a heritage that shall be widely appreciated. They are the national languages of the United States of Europe.
7. The Internet is a subject of study; all students in the USE shall get an in-depth knowledge of the latest information, interconnection, automation and artificial intelligence technologies, and their applications.
8. Direct democracy of citizens and its defence, the sovereignty of the People, the Constitution of the United States of Europe, the civil, social, human and political rights, and awareness of their value are a mandatory subject of study in secondary school.
9. The cultural sector falls within the competence of the member States. The Federation can support cultural activities of national interest and promote artistic expression, in particular through training. When performing such tasks, the Federation shall take into account the cultural and linguistic pluralism in the USE.
10. The Federation and member States promote music education, particularly for children and young people.
11. The United States of Europe can deliberate on the necessary measures against States that do not fulfil the education and training obligations in satisfactory manner.
12. The Federation can subsidize the costs incurred by member States in the allocation of grants and other funding for education.
13. In addition, the Federation can take or support some measures to promote education through scholarships or other financial aids, to completion of state institutions.
14. In all cases, the sovereignty of the individual States in the field of education must be respected.
15. The implementing provisions are issued in the form of federal laws or federal decrees of general obligatoriness. Member States are consulted beforehand.
Art. 133.- Sports and gymnastics in schools
1. The Federation can enact regulations on physical education and sports for young people. It can by law require the teaching of gymnastics and sports in schools. The implementation of the federal regulations in schools lies with the member States.
2. The Federation promotes gymnastics and sports for adults.
3. The Federation maintains a federal school of gymnastics and sports.
4. Member States and interested bodies shall be consulted before the enactment of executive laws.
Art. 134.- Universities
1. The United States of Europe has the right to establish universities, polytechnics and other institutions of higher education, or to subsidize similar institutions.
2. Likewise, States have the right to have their universities, polytechnics and other institutions of higher education.
Art. 135.- Scientific research
1. The United States of Europe promotes scientific research, the services of which may be subject to the condition that coordination is ensured.
2. It can set up research centres and can annex existing centres in whole or in part.
3. In the field of genetics, patents shall not be issued for genetic discoveries as there must not be impediments in the form of exclusive rights to research.
4. IT patents are issued for hardware that utilises software and for inventions, but not for software itself, the free use of which fosters development.
Art. 136.- Internet
1. Free access to the internet and worldwide web is guaranteed for all citizens of the United States of Europe.
2. A digital network with the maximum speed of data transmission must be set up throughout the United States of Europe.
3. All the boys, girls and young people, in remote towns and villages too, each must have at their disposal an information and interconnection tool among the latest of them (computer, iPad, smartphone or other tablets or more advanced tools).
Art. 137.- TV and radio broadcasting
1. Legislation on radio and television, as well as other forms of public broadcasting and transmitting information, is pertaining to the United States of Europe.
2. These forms of broadcasting contribute to cultural development and to the free formation of opinions and entertainment of users. These forms correctly present events and adequately express the plurality of opinions. They shall take account of the peculiarities of the United States of Europe and of the necessities in the States and Regions.
3. The independence of radio and television and their autonomy in the design of the programmes are guaranteed under paragraph 2.
4. The situation and role of other social media, especially the press, must be taken into account.
5. The United States of Europe establishes an independent appeals authority.
6. With respect to privately-owned broadcasting, no group or individual can own more than one broadcasting station and only 15% of that.
7. With regard to advertising in the field of television broadcasting, no group or individual can take up more than 2% of the total advertising at the federal level and more than 9% of the total advertising at the State level.
Art. 138.- Cinematography
1. The Federation has the right, by means of laws and decrees of general obligatoriness, to enact provisions aimed at promoting European film production and cultural activities carried out in the field of cinematography, and to regulate the importation and distribution of films.
2. In preparing the implementation laws, member States are consulted together with the cultural and economic associations concerned.
3. As regards the rest, legislation on cinematography and cinema, and its pursuance is the responsibility of member States.
Art. 139.- Environment
1. The protection of nature and the landscape is pertaining to member States.
2. The United States of Europe, in carrying out its duties, must comply with the characteristics of the landscape, the look of built-up areas, historic sites, natural features and cultural monuments, and must keep them intact when there is an overriding general interest.
3. The Federation can subsidize efforts to protect nature and the landscape, and can proceed, by contract or by expropriation, to acquire or preserve nature reserves, historic sites and cultural monuments of national importance.
4. The Federation has the right to legislate on the protection of fauna and flora.
5. The Federation has the right to high supervision on the conservation of forests.
6. The Federation subsidizes the alteration and embanking of mountain streams, and the forestation of sites of their origin; it lays down provisions necessary for preserving these works and existing forests.
7. As trees produce oxygen and absorb carbon dioxide, they must be replaced immediately in an appropriate manner if they are cut down or destroyed, except in particular cases established by law.
8. The United States of Europe shall issue provisions of the law to protect humankind and the natural environment from harmful or troublesome factors and, in particular, to combat pollution and noise.
9. The Federation enacts provisions of the law to prevent pollution and to purify harmful emissions from industrial plant and vehicles, and to depollute the air, water and soil.
10. The implementation of these provisions is pertaining to individual States and Regions, except where the law ascribes it to the United States of Europe.
11. If the USE or a member State or a Region wants, in a territory, to carry out a work of high environmental impact, there must be a preliminary agreement with the local government and/or the citizens (by popular vote) of the Municipalities involved.
Art. 140.- Expropriation
1. Property is guaranteed.
2. The United States of Europe, the States and the Regions can provide, by legislation, within the limits of their institutional competences and in the public interest, for the expropriation and restriction of property.
3. Full compensation is due in the event of expropriation or restriction of ownership equivalent to expropriation.
4. The Federation establishes, by legislation, general rules applicable to territorial and urban planning that States and Regions must compile in order to ensure functional use of land and rational habitability of the area.
5. The Federation stimulates and coordinates the initiatives of States and Regions and cooperates with them.
6. In carrying out its tasks, the Federation takes into account the requirements of the European, state and local situation.
7. In the interest of the United States of Europe or of a large part of it, the Federation has the right to erect public works at the expense of the Federation, or help build such works.
8. For this purpose, the Federation is entitled to take advantage of the right of expropriation with full compensation. Additional provisions can be enacted by federal legislation only.
9. The federal Congress can interdict the construction of public works which are detrimental to the military interests of the United States of Europe.
Art. 141.- Civil defence
1. Legislation on civil defence of persons and property from the effects of disasters or acts of war, is pertaining to the Federation.
2. The executive laws are enacted after consultation with the member States and Regions, who must apply them under the high supervision of the Federation.
3. The law establishes the subsidies of the Federation relating to the expenses of civil defence.
4. The Federation has the right to institute, by means of a law, compulsory civil defence service for men; this service for women is voluntary. The implementation of these provisions is regulated by law.
5. The law also establishes the provisions on pay, insurance and compensation for loss of earnings in the service of civil defence.
6. The law lays down provisions on the utilization of the civil defence bodies in the event of emergency relief.
Art. 142.- Agriculture
1. The Federation has the right to enact provisions to preserve a healthy rural population, ensuring the efficiency of agriculture and strengthening agricultural property.
2. The United States of Europe promotes research, knowledge, and the development of organic farming techniques; in particular, to exclude or limit the use of chemical fertilizers and pesticides, and the products so obtained.
3. The Federation holds stocks of grain needed to ensure the supply of the United States of Europe. It can compel millers to store grain and to buy such stocks in order to facilitate the renewal of them.
4. Throughout the United States of Europe, the Federation promotes the culture of breadmaking wheat and promotes the selection and purchase of indigenous seeds of good quality. The Federation acquires the indigenous wheat of good quality, suited to grinding, at a price that makes possible its cultivation. Millers can be obliged to assume upon themselves this grain at the cost price of the Federation.
5. The United States of Europe takes the necessary measures to support the European industry of milling; equally it protects the interests of consumers of bread and flour. Within the limits of its powers, it controls the trade and prices of grain, breadmaking flour, and bread. It takes the necessary measures to regulate imports of breadmaking flour, and can have reserved the exclusive right to import this product. In case of need, the United States of Europe grants millers the facilities to reduce costs of transport within the United States of Europe. It takes action in favour of mountainous regions in order to achieve an adjustment in the price of flour.
Art. 143.- Hunting and fishing
The Federation has the right to enact provisions of the law on exercise of fishing and hunting, specifically for the conservation of the species multiplicity of fishes, wild mammals, and birds.
Art. 144.- Protection of animals
1. Legislation for the protection of animals is pertaining to the Federation.
2. It enacts rules primarily on:
– the custody and care of animals;
– the use and trade of animals;
– the transport of animals;
– Interventions and experiments on live animals, keeping in mind that vivisection is prohibited;
– the slaughter of animals;
– the importation of animals and animal products.
3. The implementation of the federal rules is pertaining to the member States, since the law does not reserve it for the Federation.
Art. 145.- Energy supplies
1. The United States of Europe and the member States are responsible for ensuring an adequate energy supply, diversified and safe, economical and compatible with the ecological requirements, as well as a thrifty and rational consumption of energy.
2. The Federation establishes principles for the use of alternative and renewable energy.
3. The Federation issues regulations on the energy consumption of machinery, vehicles and equipment. It promotes the development of energy technologies, in particular aimed at energy saving and renewable sources.
4. The USE energy policy takes into account the efforts made by States and their public bodies, and the economy. It takes into account the diversity of individual Regions and their bearableness from the economic point of view.
5. The provisions relating to energy consumption in buildings are established by States, Regions and Municipalities.
Art. 146.- Water resources
1. For rational use of water resources and taking into account the whole water economy, the United States of Europe lays down principles, by legislation, which are in keeping with the general interest of:
a) the conservation and sustainable exploitation of water resources, especially for the supply of drinking water, as well as the supply of groundwater;
b) the use of water for energy production and cooling;
c) the regulation of the levels and outflows of surface water and groundwater, water derivation that is diverted from its natural course, irrigation and drainage, as well as other actions affecting the water cycle.
2. For the same purpose, the Federation shall issue provisions on:
a) the protection of surface and groundwater from pollution and the preservation of adequate minimum flows;
b) cleaning of hydraulic works, including the alterations of waterways and the safety of alteration facilities;
c) interventions to influence atmospheric precipitation;
d) the surveying and use of hydrological data;
e) the right of the Federation to claim the use of water resources for its own transport and communication enterprises, upon the payment of taxes and adequate compensation.
3. In the full observance of the private rights, States and Regions, or the owners designated by state or regional laws, can dispose of water resources and collect taxes for the use of water. States and Regions determine the taxes within the limits of federal legislation.
4. If the grant or exercise of rights in relation to water resources involves international relations, the United States of Europe decides with the concurrence of the States concerned. The same is true in international relations if the States concerned do not reach agreement. For international relations, the United States of Europe determines the taxes after consulting the States concerned.
5. The implementation of federal regulations rests with the States and Regions, where the law does not empower the Federation.
6. In exercising its competences, the Federation considers the needs and safeguards the possibilities of development of territories, from which the waters have their origin, and the States and Regions concerned.
Art. 147.- Electricity
1. The United States of Europe has the right to enact provisions of the law concerning the transportation and distribution of electricity.
2. The electricity produced can be supplied abroad only with the authorization of the United States of Europe.
Art. 148.- Nuclear energy
1. Legislation relating to nuclear energy is the responsibility of the United States of Europe.
2. The United States of Europe shall issue regulations on protection against the hazards of ionizing radiation.
3. It is essential to gradually replace the existing nuclear power stations with renewable energy sources and, however, non-polluting ones.
Art. 149.- Road network
1. The Federation ensures, by legislation, the establishment and use of a network of European roads. Connecting roads of major importance and of general interest to the United States of Europe can be declared as such.
2. Member States build and maintain the roads of Europe in accordance with the provisions laid down by the Federation and under its supervision. The task belonging to a State can be taken over by the Federation, if it so requests or if it is necessary in the interests of the work.
3. Land that is economically usable must be spared as much as possible. The detriment caused to the use and administration of land in consequence of the construction of roads, must be offset by appropriate measures, which are borne by the road works enterprise.
4. The costs of construction, operation and maintenance of European roads are shared between the United States of Europe and the member States, taking into account the burden that expenses have caused to the State, together with its interest and with the financial capacity of same.
5. Europe’s roads are under the sovereignty of States, in the observance of the competences that are for the Federation.
6. The Federation assigns half of the net proceeds of the tax on fuel to road works; if such a fee is not sufficient to ensure the realisation of the tasks listed below, it assigns the entire proceeds of a surtax too, to be used:
– as a contribution to the costs of European roads;
– as a contribution to the elimination of railway level crossings (or making them safe), for the construction of parking at railway stations, as well as other measures to separate the traffic junctions;
– as a contribution to the protection of the environment and landscape, made necessary by motorised road traffic, and structures for protection against the forces of nature along the roads open to motor vehicles;
– as a general contribution to the costs of roads open to motor vehicles and for the financial equalisation in the road sector;
– as a contribution to the States with European mountain roads and those without European roads.
7. The United States of Europe can collect a tax on heavy goods traffic based on the performance and fuel consumption of vehicles. The tax can be collected only if the heavy traffic causes costs to the community and that are not already covered by other taxes or performance. The net proceeds of the tax shall not exceed the amount of the costs not covered. Such proceeds are intended to cover costs linked to road traffic.
8. Member States benefit from part of the net product. In calculating the shares of States, it is important to take into account the particular repercussions of the tax in peripheral regions and in mountainous areas.
9. For the use of European roads, the Federation collects an annual tax of 30 euros on motor vehicles and trailers registered in the USE or abroad, whose total weight does not exceed 3.5 tonnes. The rates can be adapted to the costs by a federal decree of general obligatoriness, submitted to popular referendum.
10. The federal Council regulates the implementation by decree. Certain vehicles can be exempt from the tax. The federal Council can provide for special provisions, which must not, however, grant a privilege to foreign registered vehicles. The federal Council can provide for fines in cases of infringement. Member States levy the tax on vehicles registered in the USE and monitor compliance with the regulations for all vehicles. The net product of this tax is used in the same way as the surtax referred to in paragraph 6. The tax can be suspended by legislation in whole or in part.
11. No tax must be levied for the use of roads open to public traffic.
12. The Federation shall exercise high supervision over the conservation of roads and bridges.
13. The Federation has the right to issue provisions on cars and bicycles. Member States, Regions and Municipalities can, however, restrict or prohibit the movement of cars and bicycles.
14. As regards foreign countries, there is freedom of goods transport under condition of mutual reciprocity.
15. The Federation protects mountainous areas and those of significant landscape value from the negative effects of transit traffic. It limits the pollution of transit traffic to a level that is harmless to humans, fauna, flora and their habitats. In these areas, the traffic load of the transit routes cannot be increased. Exception is made for ring roads to relieve the pressure on built-up areas.
16. The transit of goods traffic across mountainous areas and those of high landscape value is carried out by rail from boundary to boundary, subject to exceptions specified by law. The federal Council, by decree, regulates all the necessary measures.
Art. 150.- Railway network
Legislation on the construction and exercise of the railway network is pertaining to the Federation.
Art. 151.- Maritime navigation
Legislation on maritime navigation is pertaining to the Federation.
Art. 152.- Air navigation
Legislation on air navigation and astronautics is pertaining to the Federation.
Art. 153.- Postal services
1. The Post is owned by the Federation throughout the United States of Europe, where the postal services and basic telecommunications must be present in sufficient quantity. The product of postal administration is assigned to the federal coffers.
2. The tariffs for the whole territory of the United States of Europe are established on the same bases and as much as possible reasonable at the same time.
3. The inviolability of postal secrecy is guaranteed.
Art. 154.- Banks
1. The United States of Europe has the right to enact provisions on the banking and stock exchange system.
2. Such provisions must take into account the tasks and the particular situation of banks and stock exchanges in individual States. The provisions shall be enacted in the form of laws and decrees, on which a popular vote can be required.
3. The United States of Europe promotes microcredit especially for local situations of need.
Art. 155.- Gambling houses
1. The legislation concerning the setting up and operation of gambling houses, including slot machines for gambling, is up to the United States of Europe.
2. The gambling houses are subject to a grant of the Federation. When issuing the grant, the Federation takes into account the regional peculiarities and dangers associated with gambling.
3. The legislation prescribes the maximum stakes.
4. It is prohibited the setting up and operation more than a gambling house in member States with no more than 20,000,000 inhabitants; it is forbidden the setting up and operation more than two gambling houses in the States which have between 20,000,001 and 40,000,000 inhabitants; it is forbidden the setting up and operation more than three gambling houses in the States which have between 40,000,001 and 60,000,000 inhabitants; and so on, increasing, optionally, by one gambling house every 20,000,000 inhabitants. However, each member State may prohibit the setting up and operation of gambling houses in its own territory.
5. The admittance of slot machines working in money for the game of skill is within the competence only of the state legislation.
6. A tax is paid to the United States of Europe. It depends on the receipts from gambling houses and corresponds, at most, to 80% of the gross receipts of the exercise of the gambling houses. The USE devolves this share to cover the federal contributions to the old age, survivors and disability insurance.
7. The Federation can also take appropriate measures on lotteries and betting.
Art. 156.- Economic monopoly
1. The monopoly must be public if, for technical reasons, there can be no competition in a given economic field.
2. Any regime of private economic monopoly is forbidden, unless it is authorized by a citizens’ referendum and kept under the supervision of the Federation.
3. The implementation of this article is regulated by federal legislation.
Art. 157.- Privatization
Privatization of public services is allowed, as long as the conditions are approved by popular referendum, and compulsorily administered with the contribution and under the supervision of the federal Congress, also in terms of costs.
Art. 158.- Market abuses
The Federation issues rules on market abuse, and situations where there is conflict of interest, and gives guidelines on criminal sanctions for those who commit financial crimes, such as false accounting, corruption, insider trading, manipulation of data, money laundering, tax evasion, the unprejudiced use of large amounts of money or securities that lead to the collapse of companies (public or private), and so on.
Art. 159.- Drugs
1. The manufacture, importation, transportation, sale and possession for sale of ‘hard’ drugs and absinthe liquor (and its derivatives), are banned throughout the United States of Europe.
2. The United States of Europe shall issue regulations on all types of drugs.
Art. 160.- Foreigners
1. The United States of Europe has the right to make laws on entry, exit, residence and permanent settlement of foreigners.
2. Member States shall decide, in accordance with federal law, about the residence and permanent settlement of foreigners. The Federation, however, has the ultimate decision on:
a) extension of permits of residence and permanent settlement, as well as tolerances;
b) violation of domicile treaties;
c) state expulsions whose effects extend to the territory of the United States of Europe;
d) the denial of asylum.
3. The Federation has the right to expel foreigners from the territory of the United States of Europe, who threaten the internal or external security of the Federation.
Art. 161.- Acts of civil status
1. The register keeping and documentation of acts of civil status is the task of the civil authorities. Federal law contains special provisions in this regard.
2. The civil authorities have the right to dispose of the places of burial. They provide that every deceased person can be conveniently accommodated.
Art. 162.- Protection of personal data
1. Everyone has the right to be protected from misuse of their personal data.
2. If there are purposes of public interest, the Public Administrations will be able to process non-sensitive personal data (for example not health information – ed) even without a specific authorization law. In any case, the administrations must give an account of the suitability of the treatment.
3. Everyone has the right to secrecy of emails and telecommunications, unless there is authorization by the court for cases deemed serious or dangerous.
Art. 163.- Freedom of information and opinion
1. Freedom of information and opinion is guaranteed. It is forbidden to enact laws that restrict freedom of speech, press, information on TV and radio, the Internet, entertainment, nor the right of citizens to assemble peacefully.
2. Censorship is banned. Editorial secrecy is guaranteed.
Art. 164.- Freedom of association
Citizens have the right to form associations that are not illegal or dangerous to the USE in their aims or the means used to achieve those aims. Legislation by member States issues appropriate provisions to repress the abuse of this right.
Art. 165.- Religious freedom
1. Freedom of creed and conscience is recognized for everyone.
2. No-one can be compelled to join a religious association, or to attend religious instruction or worship, nor incur any penalty because of religious views.
3. In accordance with the above principles, the person, who is vested with parental or curatorial authority, disposes of the religious education of children up to the age of 16.
4. The exercise of civil rights, human or political, cannot be limited by any regulation or condition of a religious or ecclesiastical nature.
5. Religious opinions do not exempt people from fulfilling their duties as citizens.
6. No-one is required to make payments as a result of the exercise of worship by a religious group to which they do not belong. Only federal legislation establishes the more detailed implementation of this maxim.
7. The free exercise of worships is guaranteed within the limits of public order.
8. Only the States, as well as the Federation, can take suitable measures to maintain public order and peace among the members of different religious associations, and no less than to repel the interferences of the ecclesiastical institutions in the rights of citizens and the State.
9. Contentions under public or private law occasioned from the formation or separation of religious associations can be submitted to the decision of the competent federal authorities, through appeal.
10. The erection of bishoprics and office districts of any confession or religion in the territory of the United States of Europe is subject to the approval of the Federation.
11. Public subsidies or fiscal privileges are prohibited for religious institutions, which can be subsidized by their believers in private, keeping in mind that every income is subject to tax on the basis of article 122, paragraph 9. Possible benefits or privileges bestowed, also by law, in a member State before joining the European Federation shall be abolished.
Art. 166.- Right to life
1. Everyone has the right to life, and to physical and psychic integrity.
2. The death penalty is forbidden, as are torture and every other type of cruel, inhuman or degrading treatment or punishment.
Art. 167.- Rights of minorities
1. Legislative decisions or referendums or popular initiatives specifically regarding non-violent minorities (with reference to ethnic group, origin, language, religious convictions, philosophical or political beliefs, social position, culture, civilization, gender, marital status, psychological or physical impairments, etc.) demand the prior consent of the representatives and/or the citizens (by voting) belonging to the minorities themselves directly concerned.
2. Usages or opinions of minorities do not exempt members from fulfilling citizens’ duties.
Art. 168.- Rights of refugees
1. Refugees cannot be sent back or extradited to States where they will be persecuted or where they risk torture or inhuman punishment.
2. Adult immigrants who are accepted in the United States of Europe must participate in in-depth professional training courses (see article 132, paragraph 2) in the field of their previous work or study.
3. Adult immigrants after three years of work in an USE State have the right to European citizenship and to vote.
4. Minor immigrants have the right to training, see article 132, and after three years of stay in an USE State have the right to European citizenship.
Art. 169.- Disadvantaged countries
The United States of Europe promotes development and freedom in the world, especially by promoting training in disadvantaged countries and by backing local economic initiatives.
Art. 170.- Armaments
1. The United States of Europe issues prescriptions against abuses in the field of arms, weapon accessories, and ammunition.
2. The manufacture, purchase, trade and distribution of weapons, ammunition, explosives, war materials and parts thereof are subject to authorization by the Federation. This authorization is granted only to individuals and companies that have the necessary guarantees.
3. The import and export of arms, munitions and war material shall take place only if they are authorized by the United States of Europe, which also has the right to subordinate the transit of such materials to authorization.
4. The federal Council shall issue the necessary provisions for the implementation of paragraphs 2 and 3, and in respect of granting, duration and withdrawing of the authorizations, as well as the control of armament dealers. The federal Council also determines the weapons, ammunition, explosives, other material, and parts thereof, to which this provision is applied.
Art. 171.- War
1. The United States of Europe rejects war as a means to settle disputes and rejects the pre-emptive war.
2. Only the Federation has the right to declare war and conclude peace, to enter into alliances or treaties with foreign States.
3. Military capitulation of any sort is not allowed.
Art. 172.- Ban on mercenary activities
1. Citizens of the United States of Europe are not permitted to take part as combat troops, paid from private sources, in an armed conflict or any activities designed to overthrow a government.
2. Citizens who wish to take an active part in a private company for security or military operations must beforehand request authorization from the United States of Europe. The abroad service in a regular army is also forbidden, if the USE contests armed use plan.
Art. 173.- Community service
Citizens of age can take part in temporary community service, unpaid, instead of doing temporary military service (see article 39), doing work as fire-fighter or civil defence or assistance, up to the age of thirty.
Art. 174.- Federal Holiday
Throughout the Federation, the first of October is the USE DAY and its Constitution based on the citizens’ direct democracy, and it is also the day for popular elections (Election Day). In terms of employment law, it is regarded as equivalent to a Sunday, with equivalent rights to pay.
Art. 175.- Revising the Constitution
1. The federal Constitution of the United States of Europe can be reformed at any time, in whole or in part.
2. Total reform takes place in the manner prescribed by federal law.
3. When a Chamber of the federal Congress decides on total reform and the other does not consent, or when 0.8% of the USE population demand total reform of the federal Constitution, in either case, the question ‘if the total reform shall or shall not take place’ must be submitted to the vote of the citizens of Europe.
4. When in one of these cases, the double majority of European voters and States express their affirmative decision on the issue, the next step is the re-election of the two Chambers in order to work out a total reform.
5. The partial revision can take place either through popular initiative or in the forms laid down by federal legislation.
6. The popular initiative is the request put forward by 0.8% of the USE population that requires either the insertion or the repeal or amendment of given articles of the federal Constitution.
7. If the popular initiative proposes, for review or for inclusion in the federal Constitution, more matters different from each other, each of these must be the subject of a particular re quest of the initiative.
8. The request of initiative can be submitted either as a general proposal, or as a complete draft.
9. If this request is submitted in the form of a general proposal and the two federal Chambers agree with it, they must proceed to the partial revision in the sense of the request and submit it to a popular vote for acceptance or rejection. If, on the contrary, the request is refused by both Chambers, the issue of partial revision is submitted to the popular vote, and if the double majority of European voters and of the States express their affirmative decision, the federal Congress proceeds to the review conforming to the citizens’ decision.
10. In case the request of initiative is put forward in the form of a complete draft and the federal Congress is in agreement with it, the draft is subject to a popular vote for acceptance or rejection. If the federal Congress does not agree, it can put forward a draft of it, or propose the refusal of the one presented, and submitted to a popular vote, together with the respective request of initiative, its draft or its proposal of refusal.
11. If the federal Congress adopts a counter-proposal, citizens will find three questions on the same ballot sheet. Each voter may declare without reserve:
(1) = if the voter prefers the draft of popular initiative to the law in force;
(2) = if the voter prefers the counter-proposal to the law in force;
(3) = which of the two texts shall come into force in case the People and the States prefer both of them to the law in force.
– The absolute majority is ascertained separately for each question. Questions without answers are not taken into account;
– If the initiative draft and the counter-proposal are both accepted, the outcome of the third question is determining. According to the responses to this question, the text that has gathered the most votes by the People and the States, shall come into force;
– On the other hand, regarding the answers to the third question, if one of the texts has collected most votes of the People, and the other has collected most votes of the States, then neither of the texts shall come into force.
12. A federal law determines the formalities to be complied with for the questions of popular initiative and the voting on the revision of the federal Constitution.
13. The federal Constitution that has been fully reformed, or reformed in part, shall come into force when it is accepted by the majority of citizens who take part in the vote and by the majority of States. The result of the popular vote in each member State counts as vote of that State.
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Chapter 3 – MEMBER STATES AND LOCAL SELF-GOVERNMENTS
Art. 200 – State
1. Member States are sovereign insofar as their sovereignty is not limited by the federal Constitution of the USE, and they exercise their rights not delegated to the United States of Europe.
2. The democratic Constitution of each member State is based on the inalienable principle of the sovereignty of the People.
Art. 201 – Congress of the State
1. Each State has a legislative Congress composed of a Parliament of Deputies from that State, whose members are elected every year with the proportional system by all its citizens, and a Senate of the Regions (of the same State) composed from three to six members from each Region – federalism of the Regions all on equal terms – elected each year by proportional system within the Regions themselves. Each Region forms an electoral constituency.
2. The two Chambers have the same competences and equal importance.
3. Member States with less than 6 million of inhabitants can have, if they deem it appropriate, a unicameral Congress, composed only of the Parliament of Deputies.
4. Each member of Congress can be elected for a maximum of eight years in all.
5. It is not permitted for members of Congress to be nominated.
6. A very small member State might have no intermediate divisions (Regions) between the State and the Municipalities. In this case, the State has its own unicameral Congress, consisting solely of the Parliament of Deputies; while the State is entitled to only two Senators in the federal Senate of the United States of Europe, since there isn’t the Senator of the Regions. In this case articles 250, 251, 252, 253, 254, 255 and 269 don’t come into force.
7. Members of the state Parliament are remunerated by the coffer of their State. The Senators of the Regions are remunerated by their Region. The remuneration is paid to each one solely according to the attendance fees.
8. At the end of their mandates, all members have the right to return to their previous jobs and positions, which were interrupted at the time of the election.
9. As an example, the seats of the state Congress for ITALY are divided amongst its Regions as shown in the table below. The possible distribution of seats in other member States of the United States of Europe is shown in annex A.
……………………………………………………………………………………………………..
SEATS IN THE PARLIAMENT AND SENATE OF THE FEDERAL ITALIAN STATE
(in preparation)
……………………………………………………………………………………………………..
No. progr. Regions of ITALY Population (thousands of inhabitants In 2014)
% Population No. seats in the Parliament of Deputies No. seats in the Senate of Regions
……………………………………………………………………………………………………..
1 Lombardy ………. 6.806 ……….11.2 ………. 36 ……….6
2 Campania ………. 5.862 ……… 9.6 ………. 31 ………. 5
3 Sicily ………. 5.092 ……… 8.4 ………. 27 ………. 5
4 Veneto ………. 4.926 ……… 8.1 ………. 26 ………. 4
5 Emilia-Romagna (*) ……4.451 ……….7.3 ……….23 ……….4
6 Piedmont ……….4.424 ……….7.3 ……….23 ………. 4
7 Rome (Municipality) ….4.342 ……….7.1 ………. 23 ………. 4
8 Apulia ……….4.090 ……….6.7 ………. 22 ………. 4
9 Tuscany ……….3.753 ……….6.2 ……….20 ………. 4
10 Milan (Municipality) …3.197 ……….5.3 ………. 17 ………. 4
11 Calabria ………. 1.977 ……….3.3 ………. 10 ………. 3
12 Sardinia………. 1.663 ……….2.7 ………. 9 ………. 3
13 Liguria ………. 1.583 ……….2.6 ………. 8 ………. 3
14 Marches ………. 1.551 ……….2.6 ………. 8 ………. 3
15 Latium………. 1.550 ……….2.6 ………. 8 ………. 3
16 Abruzzi ………. 1.332 ……….2.2 ………. 7 ………. 3
17 Friuli-Venice Julia…..1.228 ……….2.0 ………. 6 ………. 3
18 Trentino-High Adige (*) …1.056 ……….1.7 ………. 6 ……….3
19 Umbria ………. 895 ………. 1.5 ………. 5 ………. 3
20 Basilicata ………. 577 ………. 0.9 ………. 3 ………. 3
21 Molise ………. 313 ………. 0.5 ………. 2 ………. 3
22 Aosta Valley ………. 128 ……….0.2 ………. 1 ………. 3
TOTAL ………. 60.796 ………. 100.0 ………. 321 ………. 80
……………………………………………………………………………………………………..
(*) Divisible, if required, into two distinct Regions.
NB: – The Deputies of the first 6 Regions exceed 50% of all the Deputies of the State (column 5).
– 12 Regions exceed 50% of all the Regions of the State (column 6).
…………………………………………………………………………………….
Art. 202 – Council of State
1. The Council of State (the State Government) is made up of professionals of high competence, capability and democratic principles, with extensive experience in their field of work. The Council is composed of 7 to 15 members elected one by one every three years by the State Congress in joint session. The aforesaid members must belong to as many different Regions. The Council must include, proportionally and with at least one member, the four main political parties and/or civil lists and/or political movements in the State (it must not be take into account any coalitions to which these political groups belong) to foster collaboration.
2. At the time of its making, the Council of a State with less than 4 million of inhabitants must be represented, proportionally and with at least one member, by the three main parties and/or civil lists and/or political movements (it must not be take into account any coalitions to which these political groups belong).
3. Each member of the Council of State can be in office for a maximum of nine years (or three complete periods of office of the legislature).
4. The President of the Council and his or her Vice-President are appointed by state Congress from amongst the members of the state Council. The President of the Council of each member State is also the President of the State (except the countries currently ruled by a constitutional monarchy, unless a popular vote in one or more of those States chooses the other solution). He or she remains in office for one year and is not eligible to become President or Vice-President in subsequent years.
5. The President of the Council of each State is ‘primus inter pares’ (the same applies to the President of the Council of each Region and the Mayor of each Municipality).
6. The President and the other members of the state Council are remunerated with an annual fee from the State’s coffer.
Art. 203 – Approving the laws of the State
1. For the approval of any State law, there has to be a double majority both of the voters in the state Parliament and the number of Regions that express their vote in the Senate of their State (only Parliament in the cases provided for in article 201, paragraphs 3 and 6).
2. Any law or regulation of the State is always in the full observance of rights of the People.
3. It is essential to keep in mind the absolute separation of executive, legislative, judicial and informative powers.
Art. 204 – Popular vote at state level
1. With regard to popular votes at the state level, the percentages of signatures required to make mandatory referendums are double those set out in articles 101 and 101a, while the time for the collection of signatures remains the same. A popular vote at the state level can also be called by one-third of the Regions.
2. To have immediate executive effect, the state-wide referendum always requires a double majority of the voters and the Regions, forming part of the same State (only voters in case provided for in article 201, paragraph 6). The result of the popular vote in each Region counts as the vote of the same Region.
Art. 205 – State law Courts
Each State shall appoint judicial authorities to judge civil and public law disputes and criminal law cases.
Art. 206 – Taxation at state level
Within the limits set out in articles 122 and 123, it is within the member-States province to determine their tax rates and tariffs, as well as tax-exempt amortizations. The citizens can decide their tax rates through the popular voting, when they think it necessary.
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Art. 219 – Real estate in each USE State
Each public or private body, each company, organization, association, institution, individual person, family, another member State, foreign State, secular or religious group of any kind, etc. cannot own more than 0.1 per thousand of real estate in that State, not counting the public domain of the State itself.
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Art. 250 – Regions
1. Regional autonomy is guaranteed to the extent provided by the law of the United States of Europe and the State to which it belongs.
2. Each Region has its own Constitution and its laws, relating to matters not pertinent to the State or the Federation.
3. The democratic Constitution of each Region is based on the inalienable principle of the sovereignty of the People.
4. A Region, to be such, must include at least 30,000 inhabitants.
Art. 251 – Regional Congress
1. Each Region has a legislative Congress, to be renewed every year, consisting of a single Chamber, the regional Parliament, whose members are elected by all its citizens with the proportional system. The total of Deputies is predetermined based on the number of inhabitants of the Region. Members of Congress cannot be nominated. Each Municipality forms an electoral constituency.
2. Each member of Parliament must come from different Municipalities. Each year, Municipalities with the highest number of inhabitants each can have one Deputy, up to a maximum number of Deputies not more than one third of their predetermined regional total; the remaining Deputies are elected by smaller Municipalities, which have not been present in the regional Parliament over the last few years, in number such as to reach the predetermined total.
3. A member of the regional Congress can hold office for a maximum of eight years in all.
4. Members of the Deputies Parliament are remunerated by the coffer of their Region. The remuneration is paid to each one solely according to the attendance fees.
5. At the end of their mandates, all members have the right to return to their previous jobs and positions, which were interrupted at the time of the election.
Art. 252 – Regional Council
1. The regional Council is made up of professionals of high competence, ability, and democratic principles, and can consist of 5 to 9 members, elected one by one every three years by the Congress of the Region. At the time of its making, the Council must represent, proportionally and with at least one member, the three main parties and/or civil lists and/or political movements in the Region (it must not be take into account any coalitions to which these political groups belong) to foster collaboration, or the first four parties and/or civil lists and/or political movements if the population exceeds six million inhabitants.
2. Each member of the regional Council can be in office for a maximum of nine years.
3. The President of the regional Council and his or her Vice-President are appointed by the regional Congress among the members of the regional Council. The President remains in office for three years and can no longer be re-elected either as Council President of that Region or as Vice.
4. The President and the other members of the regional Council are remunerated with an annual fee from the Region’s coffer.
Art. 253 – Approving regional laws
1. The approval of any regional law requires a majority vote by its regional Parliament. Each regional law or regulation is always subject to the rights of the People.
2. The absolute separation of powers must be kept in mind.
Art. 254 – Popular vote at regional level
Regarding the popular vote at regional level, the percentages of signatures required to make mandatory referendums are three times those mentioned in articles 101 and 101a, while the time for the collection of signatures remains the same. To have immediate executive effect, regional referendums require the majority of voters.
Art. 255 – Taxation at regional level
Within the limits set out in articles 122, 123 and 206, it is within the Regions province to determine their tax rates and tariffs, as well as tax-exempt amortizations. The citizens can decide their tax rates through the popular voting, when they think it necessary.
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Art. 269 – Real estate in each Region
Each public or private body, each company, organization, association, institution, individual person, family, another member State, foreign State, secular or religious group of any kind, etc. cannot own more than 0.7 per thousand of the real estate in the Region, not counting the public domain, and in any case cannot own more than what is possible at the state level.
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Art. 300 – Municipalities
1. Municipal autonomy is guaranteed to the extent provided by the law of the State and the Region to which it belongs.
2. Each Municipality has its own Constitution and laws relating to matters not relevant to the State, the Region or the Federation.
3. The democratic Constitution of each Municipality is based on the inalienable principle of the sovereignty of the People.
4. Each Municipality, to be such, must have at least between 1,000 and 5,000 inhabitants. A law of the State determines the minimum number for its Municipalities.
5. A State law establishes the criteria for a Municipality to be classified as a ‘large Municipality’.
6. Every borough (district, quarter, or area concerned) that is part of a larger Municipality still has the autonomy for local needs, on which all its citizens can decide through popular vote.
Art. 301 – Municipal Congress
1. Each Municipality has a legislative Congress, to be renewed every year, consisting of a single Chamber, the municipal Parliament, whose members are elected by all its citizens with the proportional system. The total of Deputies is predetermined based on the number of inhabitants of the Municipality. Members of Congress cannot be nominated.
2. Each member of the municipal Parliament can be in office for a maximum of eight years.
3. Members of the Deputies Parliament are remunerated by the coffer of their Municipality. The remuneration is paid to each one solely according to the attendance fees.
4. At the end of their mandates, all members have the right to return to their previous jobs and positions, which were interrupted at the time of the election.
Art. 302 – Mayor of a Municipality
1. The Mayor is elected directly by the citizens. The Mayor remains in office for three years and can be reappointed, through popular elections, two more times at the most (9 years in all).
2. The Mayor of a large Municipality must be a highly-skilled professional with strong democratic principles.
3. Every political group (party, movement, association, etc.) can propose only one candidate for Mayor. Candidates are voted individually, one by one, by all municipal citizens: voters vote ‘YES’ or ‘NO’ depending on whether they consider her or him suitable or not suitable, respectively, for this task. Every candidate who gets the ‘YES’ with 50% + 1 (without taking into account the decimal) of the valid votes is eligible – a majority is determined separately for each candidate. The Mayor is chosen by means of a second ballot among the most three voted of these, in absolute terms. The second ballot will be carried out in a later turn, with an only form (for the second-ballot procedure see art. 24, paragraphs 4 and 11, and, by analogy, art. 36, paragraph 7).
4. The Mayor may be elected in a manner different that outlined in paragraph 3 from, as long as such method is approved by a vote of all the citizens of the Municipality.
Art. 303 – Municipal Council
1. The Council consists of the Mayor and four up to a maximum of seven members, who must represent at least three of the main parties and/or civil lists and/or political movements in the Municipality. The members are elected one by one every three years by the municipal Parliament. The municipal Council of large towns can consist up to a maximum of nine members. In the Municipalities with up to 30,000 inhabitants, the Council members can optionally be elected directly by the citizens instead of by the Parliament.
2. The municipal Council of large towns must represent, proportionally and with at least one member, the three main parties and/or civil lists and/or political movements in the Municipality (it must not be take into account any coalitions to which these political groups belong) or the first four parties and/or civil lists and/or political movements in the Municipalities that exceed six million inhabitants.
3. Each member of the municipal Council can be in office for a maximum of nine years, however.
4. In Municipalities with up to 30,000 inhabitants, Council members must be resident there. The resolutions concern above all the executive decisions that require expenses exceeding € 50,000, which, in general, refer to the maintenance of roads, the water supply, sewage systems, purification systems, as well as decisions relating to the real property, museums, cemeteries, parks and gardens, etc. of the Municipality. The decisions also
concern the school regulations, since the compulsory-education schools are managed or controlled by the Municipalities.
5. The Mayor and the other members of the municipal Council are remunerated with an annual fee from the Municipality’s coffer.
Art. 304 – Approving municipal laws
1. Approval of any regional law requires a majority vote of the municipal Parliament. All municipal laws and regulations must be always in the full observance of the rights of the People.
2. The absolute separation of powers must be kept in mind.
Art. 305 – Popular vote at the municipal level
1. With regard to the popular vote at the municipal level, the percentages of signatures required to carry out mandatory referendums are four times those reported in articles 101 and 101a, while for large Municipalities these percentages must be three times. The time for collecting signatures remains the same. For the Municipalities with a low number of inhabitants, the number of signatures required to make mandatory referendums are reported, as an indication, in the table below (the same values are valid also for the surroundings, districts, neighborhoods, etc.).
————————————————————————————
No. inhabitants ……|……No. electronic …….|…No. manual signatures
in the territory …….|.signatures required….|…….required
…………………………….|….to effect a vote ……..|..to effect a vote
…………………………….|………………………………….|………………………………
20.000 – 30.000 …………….400÷500 ………………….200÷250
10.000 – 20.000 …………….300÷400 ………………….150÷200
6.000 – 10.000 ………………200÷300 ………………….100÷150
4.000 – 5.999 ………………..180÷200 …………………. 90÷100
3.000 – 3.999 ……………………160 …………………………..80
2.000 – 2.999 ……………………140 …………………………..70
1.000 – 1.999 ……………………120 …………………………..60
………………………………………………………………………………………………….
2. Referendums at the level of Municipality (or territorial parts thereof) require a simple majority vote in order to have immediate executive effect.
Art. 306 – Taxation at the municipal level
Within the limits set out in articles 122, 123, 206 and 255, it is within the Municipalities province to determine their tax rates and tariffs, as well as tax-exempt amortizations. The citizens of the Municipality can decide their tax rates through the popular voting, when they think it necessary.
Art. 307 – Consortium
1. Neighbouring Municipalities can group together as a Consortium.
2. The budget, the activities of the Consortium and the consortium regulations are subject to the sovereignty of the citizens of the territory.
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Art. 319 – Real estate in each large Municipality
Each public or private body, each company, organization, association, institution, individual person, family, another member State, foreign State, secular or religious group of any kind, etc. cannot own more than 0.7 per thousand of the real estate in a large Municipality, not counting the public domain, and in any case not more than is possible at the regional and state level.
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2. DECLARATION OF PEOPLE’S SOVEREIGNTY
“The reason that pushes citizens to emancipate themselves from hierarchical decision-taking power of few people, comes from the conviction that all human beings are created equal and have equal inalienable rights including life, the freedom to decide, the pursuit of goodness and of well-being, of democratic, social and scientific progress and the right to have reciprocal relationships based on collaboration and solidarity and not on subjection or impotence.
Within the ambit of such rights, citizens elect some people to the government for a limited period. Whilst carrying out their duties, these elected officials must directly answer those who elected them, every time that is requested them to do so either by law or by the citizens themselves. When a government does not accomplish this purpose, the People, who are sovereign, have the right to immediately replace it. Every time a government issues laws that are not in line with the People’s will, the People have the right to immediately abolish or amend them. Every time new laws are necessary and these are not passed by the legislative assembly, the People have the right to take the initiative and propose these laws and directly vote on them, with immediate executive effect.
Also the most important offices in every institutional field, at national, regional and municipal level, there are to serve the People’s will. Those holding these offices must answer the sovereign People as regards the activities carried out in the fulfilment of their service.
In the same way, the distribution of public revenues both nationally and locally (including part of the profits of certain private companies) shall be carried out according to guidelines established in advance with the citizens of the area involved. They must be able to check that the funds are shared out as planned, with a totally transparent and effective system, and the achievements are qualitatively valid and efficient.
The President and the members of the Council of Ministers must be highly qualified professionals with extensive experience in the field to which they are appointed; they must not remain in office for extended periods and must never be in a conflict-of-interest situation”.
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3. INVITATION TO THE NATIONS AND ALL WHO WANT CITIZENS TO BE SOVEREIGN
The conquest of direct democracy is inevitable; the world cannot do without it; direct democracy is part of the evolution of its social DNA. All laws must be issued in the full observance of the sovereignty of the People. This means civil society has the edge over. Those who have direct democracy in their hearts know that it is the answer, whatever their thoughts. True democracy is a treasure for all States which implement it, and can be exported peacefully.
We appeal to European citizens; nothing of what is proposed can become law without your consent. With direct sovereignty, you yourself are the protagonists of the laws that shall do your well-being.
We invite each politician and each democratic party to throw open the doors to the authority of the People. Direct democracy is the basic right of citizens, which doesn’t accept discrimination, which allows the union of democratic States and mutual solidarity, which allows the cooperation of People and the improvement of the conditions of humanity. This is what it’s worth!
MORE DEMOCRACY MEANS MORE WELFARE; IT IS NOT NECESSARY FOR STATES TO FIGHT AGAINST ONE ANOTHER IN ORDER TO GROW. DIRECT DEMOCRACY WILL BE TO ADVANTAGE OF ALL NATIONS.
Direct democracy is the beacon towards which we must head. It is the sun that warms human society; individuals and nations who espouse direct democracy are like the sun’s rays – the closer they are to the sun, the closer they are to each other.
Each STATE may establish a federal Constitution, together with regional and municipal Constitutions, based on the principle of the inalienable sovereignty of the People, to make the State a place of happiness, the home of all citizens.
The EUROPEAN UNION is called upon to acquire a federal Constitution, together with national Constitutions, based on the inalienable principle of direct democracy of the People, in order to make Europe an avant-garde continent, which may export the wealth created by true democracy in a nonviolent way.
The same invitation is extended to the UNITED STATES OF AMERICA, to adopt direct democracy based on the sovereignty of the citizens, as an example to the world, like the Constitution of 1787.
This proposal is very attractive as a possible solution for the Federation of SOUTH AMERICAN STATES. Once the European Union has adopted direct democracy, there would be strong affinity between the two areas.
Also CHINA, for being a model, may accept direct democracy of the People; only in this way can the Nation go far in the long term – times are changing.
Similarly, INDIA, RUSSIA, MUSLIM COUNTRIES, AFRICAN STATES, SOUTHEAST ASIA, AUSTRALIA and OCEANIA, JAPAN and KOREA, CANADA, etc. are invited to adopt federal Constitutions based on the full direct authority of the citizens.
Only in this way can People be a resource for one another.
We believe that one day the European Union, the USA, Russia, and all States and Federations of States on the earth will recognize the right of citizens’ sovereignty, that is the right of equality.
What is impossible for citizens to accomplish alone, is possible for direct democracy of citizens.
We are at the dawn of a new civilization that leads to freedom, peace, emancipation, widespread prosperity, tolerance, and highly livable environment, making the world more just and united!
We have the innovative strength to transform society like no other system. Only in this way will it be possible to realize the Federation of World States and the universal brotherhood.
Yes we can.
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4. APPEAL TO PEOPLES
(paraphrased from Charlie Chaplin)
Humans need to help each other, the means are there, there is room for everyone, nature allows us to produce more than we consume, what we need is to be united, to have tolerance and humanity.
The authority, which is denied to the People, must return to the People in the name of democracy, freedom, equality, universal brotherhood, to make this life a wonderful adventure.
You, the People, have at heart the love of humanity, you have the strength to create social happiness, a new world, a better world! It’s time to discover this precious gift: we are all useful!
Currently few people decide how the People shall live.
We are citizens of the world, each in their own State, we must avoid the different possibility, which there is between us and the few, to decide; we have to eliminate this injustice.
We need to be independent, there must be unity among citizens, we must challenge power not with violence, by which power itself shows its brutality and incivility, but with the firmness that opens their eyes. As Gandhi proved, power cannot face up to millions of human beings if they refuse to cooperate.
The authority of the People, that is to say our right to manage our lives, to decide freely and institutionally the basic laws and social needs within a reasonable timeframe, to keep a check on the work of our appointees and on the absence of monopolies – this is the greatest democratic event of our century.
The strength of the authority of the People is our strength; it is the DNA that regenerates human society, and we want that it multiplies.
We need to modernize policy. We need champions of direct democracy. We are united in our diversity to carry out this extraordinary nonviolent revolution, so innovative and effective that it makes modern and admirable all structures.
COME ON, HUMANITY! It is time that we become protagonists, we have grown up socially and this is our conquest, it is wonderful, for ever.
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5. THE FUNDAMENTAL STRUCTURES OF DIRECT DEMOCRACY
Each political organization has its own structure that characterizes it: e.g. the absolute monarchies of past centuries and modern dictatorships have a fundamental structure, inserted in the Constitution, for the exercise of their power: the rigidly hierarchical superior/inferior structure with which the king, or the dictator, that is, the leader has all the powers and in decisions always has the last word. Other structures that allow to exercise absolute power are a state ideology or religion, a more or less violent police system, etc. The people must accept or suffer everything and have no say.
In representative democracies, the structures mentioned above, included in the Constitution, are attenuated, the powers are separated not perfectly (the so-called governability), the head remains in office for a few years and the final decisions belong to Parliament, which generally represents the major minority given by a party (or by a lobby) that is in government, more than the majority of citizens. The people have no say in the matter and must accept everything, whether valid or invalid, except in some cases where they can make demonstrations and strikes or sometimes resort to a referendum.
A step forward is made with participatory democracy: committees of citizens or unorganized citizens can propose legislative or operational improvements to rulers and administrators. The leaders at their discretion implement the proposals in whole or in part or reject them.
With the establishment of direct democracy, citizens vote not only their ‘representatives’, but also the laws, when they deem it necessary, thus becoming co-authors of their general well-being that follows. In fact, when the people express 50% + 1 of the valid votes, and only then, they have immediate real power of veto and resolution and induce rulers and politicians to serve the common good, because they are not allowed to go off the rails or make mistakes. Only direct democracy allows the full realization of the economic, social and human progress of a people.
Direct democracy also requires fundamental structures, included in the Constitution, using its own techniques, which cannot be ignored, otherwise it will crash, as happens also when adopting structures of the ‘other’ aforementioned political organizations. We summarize the direct-democracy structures below, drawing them from already tested institutions where the sovereignty of the people is in force. The presence of the first 10 points in the Constitution is indispensable for one to speak of authentic direct democracy; for economic growth, points 11, 12, 13 and 14 must be implemented in advance. Direct democracy can be applied to any State and, mutatis mutandis, Federation of States: Here we summarize the basic structures, referring to the possible Federation of the United States of Europe.
1 – Popular vote
There are two basic institutes of popular vote, without any quorum and/or bureaucratic obstacles:
a) The referendum, which allows citizens, in a binding manner and with immediate executive effect, to correct, abolish or precede laws already voted on or to be voted on, and, in the eventuality, to revoke a mandate.
b) The popular initiative, which allows citizens, in a binding manner and with immediate executive effect, to propose and vote (by referendum) new laws that government or Parliament are not willing to promote.
Each month of the year, by law, must have a day dedicated to popular voting (as an indication on the second Saturday of each month), so that citizens can continuously monitor the situation and increase general well-being both at federal and local level.
Direct democracy always requires that decisions be made by most valid votes (at least 50% + 1), whatever the choice is.
In voting to elect members of the Chambers at every level, the voter may express preferences for candidates of the party he voted for and/or candidates of other parties. The voter may also optionally express non-preferences for candidates of the party he voted for.
2 – Double majority vote of citizens and States
At the federal level, the rights referred to in the previous point require the approval of the majority (50% + 1) of both citizens and the number of states. A similar criterion applies to votes in the chambers. Since the Member States are at the same level, each vote of them must have the same value as the others (as it is currently in the USA, Germany, Switzerland, etc.), otherwise they could not be at the same level. This is important, e.g. the 4 largest States of the current European Union have more than 50% of the inhabitants – therefore of the votes – and could decide everything, while the remaining 23 States would count for little or nothing.
Similarly, a double majority is required of both the total number of citizens and those of the minority for provisions concerning a minority.
Electronic voting is desirable, but the most rigorous controls are needed against all forms of internal and foreign hacking.
3 – Signature collection
To hold a referendum or popular initiative regarding ordinary laws, it is of fundamental importance to collect a pre-established number of signatures, without bureaucratic obstacles and without fraudulent or remunerated obtaining. Once the number of signatures required by law has been reached, nobody can cancel the popular referendum that follows, neither the organizing committee nor the government nor the Parliament. The possible presence, in the proposal, of unconstitutionality or legal impediments must be verified and made clear before the collection of signatures, otherwise the popular vote must always be carried out. If the Parliament or the government draws up a counter-proposal, citizens vote on both, in a single ballot.
It is desirable that electronic signature collection be activated immediately.
Note: – Even for small groups it is always a duty to collect a pre-established number of signatures to make it mandatory to vote on a proposal.
4 – Mandatory popular referendums
Popular vote is always mandatory, without having to collect signatures, for: all constitutional laws, international treaties concluded for an indefinite period and without the possibility of notice, international treaties that provide for the Federation in an international Organization, international treaties involving a multilateral unification of law, membership of the Federation in collective-security Organizations or supranational Communities.
5 – Proportional electoral system
The Federal Parliament is made up of two chambers with the same powers and made up of people, deputies and senators, who only receive attendance allowances. Members can carry out their duties for a maximum number of years between 8 and 10, depending on the duration of each complete mandate.
The pure proportional is the instrument of direct democracy in popular votes for the election of the members of Parliament and the institutional bodies provided for by the Constitution. The pure proportional is the only system that allows to represent all voting citizens and is essential to protect the rights of minorities, especially linguistic ones, and for political plurality. Any other system is only an arithmetic device to favor a minority or a lobby, a major minority mistakenly called a relative majority – a practice now customary in representative democracies – instead of the popular majority.
6 – Clear-cut separation between executive and legislative
Clear-cut separation, as in the USA and the Swiss Confederation, between the executive and the legislative (and obviously the judiciary) power. The executives are therefore not necessarily representatives of a majority. The Federation is thus greatly favored by the fact that the executives have nothing to do with the legislators.
We must never confuse the government, which under the binding control of all citizens must work for the common good, with the vaunted governability of a few, who often do the will and interest of small groups of power at the expense of the majority of the powerless citizens. In fact, even dictatorships enjoy exceptional governability.
7 – Collegiate executives of highly qualified professionals
Executives (federal, state, regional governments and mayors of large municipalities) must be composed of professionals of the highest competence in the field of their department, who receive an annual fee established by the respective House. Cooperation must be encouraged rather than opposition. In States with full direct democracy, these ministers are presented by the first 4 parties (by the first 5 parties in the case of Federations, or States, with more than 100 million inhabitants) in proportion to the votes that said parties have obtained in the elections. The candidates must be approved one by one by the joint Chambers, which vote ‘YES’ or ‘NO’ for each as described in point 10.
The Council of Ministers is collegial: each year the joint Chambers choose the Prime Minister from among the ministers. The Prime Minister is also president of the Federation. He is ‘primus inter pares’ and, when direct democracy is well established, he remains in office for a year and can never be re-elected to that position, even as Vice. It is a situation that works well and allows great savings, creating an efficient and inexpensive political system.
8 – Central bank of issue
The Federation exercises the exclusive right to issue banknotes through the Central Bank placed directly under its special administration, or, if a popular vote gives prior approval, it can commit the exercise, subject to the redemption right, to a Central bank for shares, however always administered with the cooperation and under the strict supervision of the Federation. The two Chambers must always vote on the amount of the issue of money and its use. At least 67% of the central bank’s net profit belongs to individual states.
9 – Private monopolies and concessions under federal control
Any private economic monopoly regime is prohibited, unless authorized by a citizens’ referendum and kept under the high supervision of the Federation. In the event that in a given economic field, for technical reasons, there can be no competition, the monopoly must be public.
Strong impetus must be given to investments in works of great public utility.
The Federation exercises high supervision on the conservation of roads and bridges, on productions and services of great public importance.
Public information must always be pluralistic, free and truthful.
10 – Voting techniques
Direct democracy always requires that decisions be made by a majority (at least 50% + 1) of valid votes, whatever choice is to be made: candidates for a position, laws, programs or proposals, time periods, etc. It is of utmost important to properly apply the specific techniques of direct democracy, otherwise it is not direct democracy.
***For example, for the election of a candidate or for the acceptance of a law or a project, etc., approval must always be given by the majority of 50% + 1 of the valid votes, and not , as often happens in representative democracy, by the so-called relative majority (which is actually the major minority, but still a minority that can never represent the majority).
When you have to elect a candidate from among several names (the same applies to a law, or a project or other among several possibilities), the ‘YES’ box and the ‘NO’ box must always appear on the voting form for each candidate, otherwise the ‘NO’ votes add up with the blank or incorrect votes, giving rise to alterations, often serious, of the popular will. Voters must vote for all candidates one by one, either with a ‘YES’ or with a ‘NO’ or leave blank. Only candidates who obtain more ‘YES’ votes than ‘NO’ votes (i.e. ‘YES’ over 50% of the valid votes) pass the round. Of these, the first three, those with the highest absolute number of ‘YES’ votes cast, go to the second ballot, which can be carried out using a single virtual or paper voting form.
***In the particular case where you have to vote and choose between two people, or two projects, etc., which we will call X and Y, there are basically 4 options, that is 4 combinations, of choice:
1) X is suitable and Y is not suitable;
2) Y is suitable and X is not suitable;
3) X is suitable and Y is also suitable;
4) X is not suitable and Y is not suitable either.
For direct democracy, a technically correct voting procedure must allow you to choose any of the four combinations above, so doing the ballot only between the two, X and Y, is not correct, since it does not allow solutions 3) and 4 ). In fact in various cases it is not the choice of the majority, i.e. it is not direct democracy (the case ‘4’ occurred a few years ago at a large company, where the property holds a referendum among its workers, asking if they prefer give up union agreements or leave your job. It is analogous to say: “do you want to be punched or kicked?”. It is obvious that the majority do not want either case, but the questions are asked in such a way as not to allow the choice that the majority would like to make).
What is the right technical procedure in this situation? Voters should be asked the following three questions, which must all be voted on separately:
1. Do you want X ?: ………YES ………NO
2. Do you want Y ?: ………YES ………NO
3. If both are considered valid by the majority of the votes,
do you prefer X or Y?: ………X ……..Y
In this way all four of the above possibilities are present and the choice of one of X and Y, or of neither, is truly the choice desired by the majority.
***Let’s look at another case, when the ‘NO’ box is not present in the first vote. E.g. to elect a candidate for a national or regional or municipal office or of any group, you have to choose between three candidates (or three proposals, etc.), ‘A’, ‘B’ and ‘C’. Suppose that the votes obtained are, in percentage, respectively:
‘A’ = 38.7%
‘B’ = 34.1%
‘C’ = 27.2%.
It is not said that ‘A’ should be elected, with 38.7 having the highest percentage, but not exceeding 50% (‘major minority’ alias ‘relative majority’, typical of representative democracy). The voters must express themselves further and in the same form, for the two first classified, since the former voters ‘C’ could give the majority (50% + 1) to ‘B or confirm ‘A’.
°°°°°
11 – High professional training for everyone
The member States of the Federation provide for sufficient, compulsory and free primary education in public schools. Education must be exclusively under the direction of the civil authority. Young people must have excellent cultural and vocational training. Professional competence must be deepened in every field of social interest.
The Federation decides on the necessary measures against the member States which do not fulfill their training obligations.
Great impetus must be given to advanced research and techno-scientific innovation in every field.
Adult immigrants who are welcomed into the Federation must participate in in-depth vocational training courses, preferably in the field of their previous work or study activity.
High training for all, both Europeans and immigrants, is the greatest wealth of a State, it is the basic factor of civilization, economic growth and general well-being.
12 – Decent minimum wages established by law
Giving high wages to European and foreign workers and establishing a decent minimum wage by law (generally almost doubling them) are among the most important factors for economic growth. In fact, in this way millions of workers can buy millions of products more, therefore millions of products are sold, millions of products are required to be produced, which leads to greater employment, and so on, establishing a virtuous circuit of growth. Man with in-depth training, whether European or foreign, produces more than he consumes and this also leads to an increase in exports and wealth, which, however, must then be equally redistributed. All this also allows the reduction of taxes.
Unemployment insurance is mandatory for employees.
13 – Citizenship income
For all those who seek work or work and earn too little, whether European or emigrant, there is the citizenship income by law, as assistance in exchange for services for public bodies, awaiting stable work; for seniors aged 70 and over, citizenship income can be fixed and without services. It is another growth factor that joins those of the previous point.
In Switzerland, a family of 4 is considered poor, earning less than around € 2,750 per month, and receiving a temporary subsidy; the elderly and entitled persons also receive benefits in kind where necessary. In Germany there is an interesting multiple aid system offered by the ‘Hartz 4’ plan (federal law of 1.1.2005).
14 – Pensions
The Federation establishes an old age, survivors and disability insurance, mandatory for the whole population. Pensions must adequately compensate for vital needs. The maximum public pension must not exceed double the minimum public pension.
Exorbitant treatments for the privileged or for short working periods are excluded.
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APPENDIX
LIST OF THE CONSTITUTION ARTICLES
PREAMBLE
The People and the member States of the United States of Europe
Art. 1.- The Constitution
Art. 2.- The People are sovereign
Art. 3.- States are sovereign
Art. 4.- Popular voting
Art. 5.- Electoral system
Art. 6.- Internal affairs of the States
Chapter 1 – AUTHORITY OF THE UNITED STATES OF EUROPE
Art. 21.- Federal Congress
Art. 22.- Seats in the federal Congress
Art. 23.- Competences of the federal Congress
Art. 24.- Elections
Art. 25.- Speakers of the Parliament and of the Senate
Art. 26.- Remuneration of the Congress members
Art. 27.- Federal Council
Art. 28.- Functions of the federal Council
Art. 29.- President of the Council
Art. 30.- Council members’ fee
Art. 31.- Departments
Art. 32.- Federal Chancellery
Art. 33.- Federal Court
Art. 34.- President of the federal Court
Art. 35.- Federal administrative Court
Art. 36.- Defender of Democracy
Art. 37.- Central Bank of issue
Art. 38.- Governor of the Central Bank
Art. 39.- Armed Forces
Art. 40.- General of the Armed Forces
Art. 41.- Separation of powers
Art. 42.- Seats of federal authorities
Art. 43.- Responsibilities of officials of the United States of Europe
Art. 44.- Incompatibility
Chapter 2 – GENERAL DISPOSITIONS
Art. 100.- European citizenship
Art. 101.- Rules for popular votes
Art.101a.-Temporary rules for manual votes
Art. 102.- Petition and popular bill
Art. 103.- Foreign Affairs
Art. 104.- Relations between member States
Art. 105.- Welfare
Art. 106.- Employment
Art. 107.- Labour Unions
Art. 108.- Employment relations
Art. 109.- Unemployment
Art. 110.- Economic crises
Art. 111.- Social security
Art. 112.- Families
Art. 113.- Children
Art. 114.- Marriage
Art. 115.- Assistance in case of need
Art. 116.- Housing
Art. 117.- Domicile and residence
Art. 118.- Healthcare
Art. 119.- Civil justice
Art. 120.- Criminal justice
Art. 121.- Finance
Art. 122.- Taxation
Art. 123.- Equalisation of taxes
Art. 124.- Customs duties
Art. 125.- Covering of the expenses of the United States of Europe
Art. 126.- Commerce and industry
Art. 127.- Pricing of goods
Art. 128.- Distilled beverages
Art. 129.- Alcoholic beverages
Art. 130.- Weights and measures
Art. 131.- Languages of the United States of Europe
Art. 132.- Education and training
Art. 133.- Sports and gymnastics in schools
Art. 134.- Universities
Art. 135.- Scientific research
Art. 136.- Internet
Art. 137.- TV and radio broadcasting
Art. 138.- Cinematography
Art. 139.- Environment
Art. 140.- Expropriation
Art. 141.- Civil defence
Art. 142.- Agriculture
Art. 143.- Hunting and fishing
Art. 144.- Protection of animals
Art. 145.- Energy supplies
Art. 146.- Water resources
Art. 147.- Electricity
Art. 148.- Nuclear energy
Art. 149.- Road network
Art. 150.- Railway network
Art. 151.- Maritime navigation
Art. 152.- Air navigation
Art. 153.- Postal services
Art. 154.- Banks
Art. 155.- Gambling houses
Art. 156.- Economic monopoly
Art. 157.- Privatization
Art. 158.- Market abuses
Art. 159.- Drugs
Art. 160.- Foreigners
Art. 161.- Acts of civil status
Art. 162.- Protection of personal data
Art. 163.- Freedom of information and opinion
Art. 164.- Freedom of association
Art. 165.- Religious freedom
Art. 166.- Right to life
Art. 167.- Rights of minorities
Art. 168.- Rights of refugees
Art. 169.- Disadvantaged countries
Art. 170.- Armaments
Art. 171.- War
Art. 172.- Ban on mercenary activities
Art. 173.- Community service
Art. 174.- Federal Holiday
Art. 175.- Revising the Constitution
Chapter 3 – MEMBER STATES AND LOCAL SELF-GOVERNMENTS
Art. 200.- State
Art. 201.- Congress of the State
Art. 202.– Council of State
Art. 203.– Approving the laws of the State
Art. 204.- Popular vote at state level
Art. 205.- State law courts
Art. 206 – Taxation at state level
Art. 219.- Real estate in each USE State
Art. 250.- Regions
Art. 251.- Regional Congress
Art. 252.- Regional Council
Art. 253.– Approving regional laws
Art. 254.- Popular vote at regional level
Art. 255 – Taxation at regional level
Art. 269 – Real estate in each Region
Art. 300.- Municipalities
Art. 301.- Municipal Congress
Art. 302.– Mayor of a Municipality
Art. 303.– Municipal Council
Art. 304.– Approving municipal laws
Art. 305.- Popular vote at the municipal level
Art. 306 – Taxation at the municipal level
Art. 307.- Consortium
Art. 319.– Real estate in each large Municipality
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