DRAFT OF A DIRECT DEMOCRATIC CONSTITUTION FOR THE EUROPEAN UNION
Problems cannot be solved by the same level of thinking that created them (Albert Einstein)
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Draft
of a direct democratic
CONSTITUTION
for the
EUROPEAN
UNION
by Carlo Marinis
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CONTENTS
Introduction.
1. Preface to proposal for an European Constitution.
2. Draft of a direct democratic federal Constitution for the European Union.
- Preamble.
- Chapter i - Authority of the European Union.
- Chapter ii - General provisions.
3. Declaration of people’s sovereignty.
4. Invitation to all those who want citizens to be sovereign.
Annex.
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INTRODUCTION
The essence of democracy doesn’t lie in the personality cult or in a more or less valid ideology, but it is the realization of the institutional tool that allows the inalienable and continuous exercise of the people’s full sovereignty. To win, citizens must be strong and free! <?xml:namespace prefix = o />
Who better than citizens themselves can take shared decisions which are appropriate for them? Nobody knows better than the citizens themselves. We should hope for an enlightened government, but how many enlightened governments are there, who work for the common good – perhaps 4 or 5 out of 100, with luck. There are still various politicians who are “too” strong or “too” rich for representative democracy, especially for majority system. And there’s nothing we can do about it, since the people have no democratic power, except for voting a representative every five years. So we say: we want a more ecological environment, we want better schools, we want full employment, we want proper healthcare, and sometimes we promote an abrogative referendum on individual topics ... Agreed, but this is no longer sufficient; citizens want more power and must have more power to improve things and we should support this aim, if we want to achieve success. In other words, people cannot be forced to endure what a handful of politicians and administrators want or say, however “paternal” they are. Instead, with their ability and professional competence, they must do what the sovereign people want, both nationally and locally.
So we must be convinced that a just and fair society is not possible without the institution of direct democracy: the citizens themselves must be sharers, and their decisions binding for their rights and their welfare. When all the citizens together take binding decisions, by law, their contributions and capabilities develop a great wealth in the nation, without they having to waste their energies, time and money. Let us unite, citizens must be strong, they want to count, this wins!
A new phase for democracy is beginning, we want to make citizens sovereign. And the people are sovereign only if the federal Constitution contains the fundamental rights of direct democracy, maker of progress in civilisation. Direct democracy is all of us. It is equality.
The decemvirs, magistrates of ancient republican Rome, 2500 years ago, again, 2500 years ago, affirmed: "Romans! (Today we can say) Citizens! Nothing of what is proposed may become law without your consent, be, yourselves, the authors of the laws that have to do your wellbeing”.
This made Rome great.
Now we must make Europe great.
1. PREFACE TO PROPOSAL FOR AN EUROPEAN CONSTITUTION
The following pages contain a draft of a federal direct democratic Constitution for the European Union, safeguarding not only the unity of Europe but also the national identity of member States.
In the draft, the European Union is considered as a FEDERATION of 27 States on equal terms, divided into Regions and Municipalities. The people are sovereign and their decisions are binding.
There is a strict separation, as in the United States, between the executive and legislative powers. The executive members are elected, not nominated, and are not necessarily exponents of a majority. In this way, the European Federation is encouraged by the fact that the executive branch has nothing to do with the legislative branch. There is therefore no vote of confidence. The people, via the people’s initiative and the deliberative referendum, always can express and make their will immediately executive.
These two fundamental rights are valid for the Federation, the member States, the Regions and the Municipalities. They represent the "extra factor" in the proposal for the European Union in terms of democracy: in other words, it is "direct democracy". At the federal level, these rights require the approval of the majority of the citizens and the States.
To convene a referendum or an initiative regarding ordinary laws, it is necessary to gather a certain number of signatures, but without bureaucratic impediments, and no quorum. The constitutional laws, membership of the European Union and international organizations, and international treaties of indeterminate duration, are subject to compulsory double approval by the people.
Voting for the referendum and people’s initiatives – held to resolve various problems at territorial levels – are of the greatest importance in the European Union. Therefore it is essential to complete as soon as possible the project for automated voting and electronic signatures, leading to shorter technical timing and zero cost.
In the draft, all the executive members are collegial, reflecting a political structure which does not approve of "people who stand out". In addition, the collaboration of the opposition is required. This situation applies not only to the federal government (federal council) but also to the 27 national governments (Councils of State) both for the Regions and the Municipalities. The President of the Federal Council, the Presidents of the Councils of member States, the Presidents of the Regions and the Mayors are "primus inter pares" (first among equals). The President of the Council is also the President of the Federal European Union, holds office for one year and cannot be re-elected. All this leads to stable governments, which are more available to operate for the common good.
The sovereign States and individual Municipalities and Regions have maximum autonomy and sovereignty. So there are no "administrative" elections; State and local elections are always "political".
The Federal Congress consists of two chambers with the same responsibilities – Parliament and Senate of the States and the Regions – and made up of people who only receive attendance pay. Both Parliament and Senate are convened only a few times a year, in six sessions every two months, each lasting two or three weeks. Only the executive branch would be made up of professionals (federal, state and regional councils, plus mayors of large municipalities) remunerated with an annual honorarium. This is a situation which works well and leads to considerable savings, creating a political system that is efficient and economical.
The term "civil activity" is used to show that these people are non professional, unpaid, not permanently appointed. This applies to the conscripted armed forces, the fire brigade, civil protection, certain forms of assistance, and the world of politics.
Privatization is allowed for various public services which operate efficiently under conditions approved by popular referendum. These services are administered with the aid and under the supervision of the Federal Congress, especially regarding costs.
All this creates a system that allows the European Union to collect taxes at very low rates: for example, at most, 10-12% on net income, 0.1% on capital and reserves, 7% for VAT.
These directives, together with excellent professional training, ensure the incomes of non self-employed work are high on average. This leads to reliability and ethical work with a sense of responsibility; also, given the high level of efficiency, the system tends to encourage using the fewest number of people possible. Such a system increases consumption and consequently production, moreover attracts investments, also from abroad, and ensures that unemployment stays at a very low level.
In the event of an economic crisis, the Constitution envisages that workers in the sectors affected will not be laid off. Instead, during the year, everyone will work nine or ten months, instead of twelve, so that nobody is unemployed.
Maximum public pensions cannot exceed double the minimum public pension, thus avoiding exorbitant treatment for a few privileged people, or for short working periods.
Moreover, the proposed system ensures that the European Federal Union is “not partisan” regarding international controversies. Such neutrality means that European-Union-made products have more appeal abroad than those from other countries.
In conclusion, the Federal Constitution, combined with advanced forms of direct democracy, automatically creates a virtuous circuit leading to more economic benefits, less public debt, lower taxation, a liveable environment, more social justice, equitable pensions, high employment, lower costs of public administration, more efficiency, lower costs for waste disposal, political maturity for citizens, long-lasting peace (families do not want to send their children to war), more tolerance. Everything is simplified, because the people’s vote immediately produces the most shared solution – the best solution at that time, in that area, for the community.
Surveys carried out by experts on the democratic process show that the benefits described above can be achieved through the deliberative participation of the people with executive effect, and that the benefits are clearly superior to those that can be achieved by other countries which do not adopt direct democracy for citizens.
As an analogy, we can compare a Constitution to an excellent air conditioner. If the system does not have a thermostat, it chills the air down to the lowest temperature it is designed for, making users suffer from the cold. Conversely, if it has to warm the air, it pumps heat up to the maximum level, making users sweat. Instead, with a thermostat, the system works well creating the ideal temperature for each season. The direct sovereignty of citizens is equivalent to the thermostat. In other words, when the system is built on direct democracy, it always functions well because the people have power of veto and of decision.
The sovereignty of the citizens over elected officials boosts democracy and blocks abuses of power, obliging politicians to serve the common good; it does not slow down anything because politicians know they cannot stray from the proper path and make mistakes.
Let’s start on a common project for Europe. Let’s make a contribution to her unity.
2. DRAFT OF A DIRECT DEMOCRATIC FEDERAL CONSTITUTION FOR THE EUROPEAN UNION
This draft (to be completed in its details) comprises a preamble and two central chapters.
Notice. Hereinafter it is presumed that the voting and electronic signature system is completely automated (IT SHOULD BE NOTED THAN, ONCE THE NETWORK IS INSTALLED, THE COST OF ELECTRONIC VOTING IS VERY LOW).
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 systems, data processing or electronic equipment (or possible paper voting ballots), prevents citizens from exercising their right to vote (also by means of bureaucracy), intimidates or effects illegal controls, counterfeits or does not update electoral records, takes the place of another person in the voting process, votes more than once in the same voting round, fakes 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 either in the voting cabin or directly on the Internet. The computer identifies the person by means of a digital fingerprint (or electronic signature). The person casts his or her vote electronically, checks to ensure that the vote was accurately cast, and then either confirms the vote via either electronic signature or a password. The computer first visualises what is to be printed on the ballot bearing the registered vote (or show a report of the vote to be placed in a second electronic file). The voter checks to ensure all the information is correct and then gives the “OK”. In the case of a paper ballot, this is printed out, the voter folds it and places it in the ballot box.
At a future date, if a State wants to join the EU and its population exceeds 20% of the EU total, it might be advisable to split into two or more independent States prior to joining the Federation. On the other hand, if the population of the State is less than two million, it might be advisable to link up with an adjacent EU State or, circumstances permitting, to join other small States (non EU) in the vicinity, in order to reach the total of two million.
PREAMBLE
The people and States of European Union give themselves the present Constitution. They are determined to live their multiplicity in unity, in mutual consideration and reciprocal respect, with the purpose of strengthening direct democracy, freedom, independence and peace, in a spirit of solidarity and opening with the world. They are aware that citizens are free when they use their freedom, and the people’s strength is proportional to the wellbeing of the weaker members.
Art.1.- The Constitution is founded on the inalienable principle of the sovereignty of the people and of individual member States. People have the right to exercise their sovereignty. This right to regularly intervene, with immediate executive effect, pertains to all questions and exigencies regarding the European Federation, the individual member States, the regions and municipalities.
Everyone is equal before the law. No one can be discriminated against on the basis of origin, race, civilization, gender, social position, culture, religious convictions, philosophical and political beliefs, language, age, marital status or psychological and physical impairments. Women and men have equal rights.
Art. 2.- People are sovereign: all citizens of age have the right to vote and this right is perpetually inalienable for everyone. No one can be deprived of his or her right to vote, not even if condemned to serve the severest sentences. Votes are secret, unless otherwise decided by the people in order to better monitor results.
Art. 3.- The States are sovereign, in so far as their sovereignty is not limited by the federal Constitution, and as such they exercise all the rights that are not devolved on the European Union.
Art. 4.- The right of popular voting, that is to say popular initiative and deliberative referendum, enables citizens, in mandatory ways, to introduce new laws and to modify or to abolish the laws already voted, to precede those that have to be voted by Federal Congress. This right is perpetually inalienable.
Art. 5.- Popular voting: citizens must have the power of intervening in short technical time for collection of signatures, voting and count, without bureaucratic hindrances, via the mandatory automation of both electronic signatures and votes.
The outcome of popular votes, to become executive, must obtain the double majority both of voters and of States. The result of a popular vote in each State counts as the vote of the same State.
Popular initiatives and deliberative referendum require a number of electronic signatures equal to 0.3% of the total population in the territory concerned. Collection of the electronic signatures is to take place within 6 months, with the related voting taking place as soon as possible. A popular voting can also achieved by one third of the States.
Each month or every two or three months (established by EU laws), people are called to vote in order to decide on possible questions of interest to them, in the various territorial areas.
In the case of a popular initiative, the Federal Congress can present a counterproposal within 150 days: citizens express their vote about the two projects.
Laws that are considered urgent can be submitted to popular referendum.
Constitutional laws, EU's adherence to international organizations, permanent international treaties and leading laws are subject to double popular approval.
Referendums proposing amendments to the Constitution or about the above-stated treaties require a number of electronic signatures equal to 0.6% of the total population, to be gathered within 8 months.
Every referendum must be adequately publicised, with there being equal space for the two committees. It must be approved twice, both by a majority of EU voters and by a majority of the member States. The results of a popular vote are always immediately executive.
It is prohibited to subject vote to conditioning or to intimidate with any kind of blackmail or vexatious threats in order to affect the vote. It is prohibited to set a minimum limit of voting participation (quorum), at whatever level. The results of referendums are always valid, regardless of the percentage of voting citizens.
Laws that have been approved directly by the people cannot be abolished or modified by the Congress, but only by another popular vote.
Art. 5a.- Transitory law: if signature collection is not yet automated, all of the signature percentages indicated in the preceding art. 5 and in the following art. 6 are halved and the specified collection times are multiplied by 3.
Manual collection of signatures must be made easy without bureaucratic obstacles and the controls have to be smooth, in such a way as not to obstruct the collection process.
Art. 6.- Revocatory referendum: citizens can remove from office any official elected by them or by institutional organs and they can also bring down the whole Federal Government, whenever he deems his behaviour not to be in line with general interests. This right of revocatory referendum is perennially inalienable. Introduction of this vote requires a number of electronic signatures equal to 0.6% of the population of the territory concerned, with the collection of signatures taking place within 6 months.
Art. 7.- Petition: citizens are guaranteed the right of petition. The authorities must take heed and respond within 90 days.
Art. 8.- Electoral system: the proportional system and, when appropriate, the second ballot, are the instruments of direct democracy in popular voting.
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 direct will of the citizens and, consequently, a weakening of the sovereignty of the people.
Art. 9.- Each State is responsible for managing its own home affairs. An advanced form of federalism is implemented with local government autonomy at every level. Each state, region and municipality has its own Constitution and laws, relating to matters not pertinent to the Federation or to the broader territorial unit to which it belongs.
The Constitutions of member States are guaranteed by the European Union and must not contain anything that is contrary to the provisions of the federal Constitution; they must ensure the full exercise of political rights for all citizens, and must be approved by the people, and can be modified, in part or in all, only by popular vote.
Everything is subject to the people’s approval and, if necessary, they directly decide on every law. Referendums at State level always require a double majority, meaning majority both of voters and of the Regions comprising the State. Referendums at Region level always require a double majority, meaning majority both of voters and of its municipalities. Referendums at Municipality level only require approval by a majority of the voters.
The percentage of electronic signatures to be collected for a popular voting at State level is twice that specified in Art. 5 ÷ 6. This % is three times for voting at Region level and in large Municipalities. This % is four times at Municipality level (except the large one).
CHAPTER I – AUTHORITY OF THE EUROPEAN UNION
(Extracts of some articles; the numbering is provisional A federal EU Constitution based on a direct democracy could use the Federal Constitution of the Swiss Confederation, as a reference, as Switzerland is currently the only nation in the world that gives primary importance to the sovereignty of the people. Necessary improvements can be made. The democracy in Switzerland, as everybody knows, is based on two fundamental principles: 1. The popular voting – popular initiative and deliberative referendum– whose result immediately becomes law; 2. The Prime Minister holds office for one year and he or she cannot be re-elected).
Art. 21.- The Federal Congress, based on the rights of the people and the States, is the supreme legislative institution of the European Union. 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 501 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, made up of 3 members for each State, of whom two members are senators of their State and one member is senator of the Regions of his State. The senators, besides being members of the main legislative institution of the European Union, act as further controllers of subsidiarity.
The Congress members vote without instructions. Preliminarily, they must declare their links with groups of interests.
A deputy can be elected senator in a following year and vice versa. A member of Congress can be elected a maximum of eight times (eight years) in all.
The Chambers are quorate if a majority of their members is present.
Voting in the Congress is always secret.
The bills cannot go through the vote of confidence with regard to the government.
Approval of a law requires a double majority of voters, separately reached in the Deputies’ Parliament and in the Senate of States, or a simple majority of voters in the united Federal Congress.
The consent of an absolute majority of the members of each of the two Chambers shall be required for:
a. a declaration that a federal act is urgent;
b. provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million euros or new recurrent expenditure of more than 2 million euros. The Federal Congress, by ordinance, adjusts subsidies in line with inflation.
Ordinary sittings of the two chambers take place in six sessions held every two months, each lasting two weeks, from Monday to Thursday.
An extraordinary session can be requested by the Federal Council or by 25% of the members of the Federal Congress or by 20% of the member States.
By way of example, the seats in Federal Congress are divided amongst 27 EU member States as shown in the table below. Similar tables can be drawn up for other Federations of States.
SEATS IN THE EUROPEAN UNION PARLIAMENT AND SENATE
WITH REFERENCE TO 27 MEMBER STATES
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Population No. of seats No. of seats
No. EU member (millions of % in the in the States
progr. State inhabitans Population Deputies’ and Regions
in 2005) Parliament Senate
________________________________________________________________
1 Germany 82.69 16.9 85 3
2 France 60.50 12.4 62 3
3 United Kingdom 59.67 12.2 61 3
4 Italy 58.09 11.9 60 3
5 Spain 43.06 8.8 44 3
6 Poland 38.53 7.9 39 3
7 Romania 21.71 4.4 22 3
8 Netherlands 16.30 3.3 17 3
9 Greece 11.12 2.3 11 3
10 Portugal 10.49 2.1 11 3
11 Belgium 10.42 2.1 11 3
12 Czech Republic 10.22 2.1 10 3
13 Hungary 10.10 2.1 10 3
14 Sweden 9.04 1.8 9 3
15 Austria 8.19 1.7 8 3
16 Bulgaria 7.73 1.6 8 3
17 Denmark 5.43 1.1 6 3
18 Slovakia 5.40 1.1 6 3
19 Finland 5.25 1.1 3 3
20 Ireland 4.15 0.8 5 3
21 Lithuania 3.43 0.7 4 3
22 Latvia 2.31 0.5 2 3
23 Slovenia 1.97 0.4 2 3
24 Estonia 1.33 0.3 1 3
25 Cyprus 0.93 0.2 1 3
26 Luxembourg 0.46 0.1 1 3
27 Malta 0.40 0.1 1 3
_________________________________________________________________________
TOTAL 488.92 100.0 501 81
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New States can join the Federation as long as the number of inhabitants ranges from a minimum of two million to a maximum of 20% of the EU population. For a new State to join, there must be the approval of the EU double popular majority. Admission takes place at the end of the parliamentary year, when the percentages of the individual States are updated. The Senate admits 3 new senators.
In the future, splitting an EU State into two would involve sharing out the current parliamentary seats and the three seats in the Senate proportionally.
Art. 22.- Competences of the Federal Congress. The Federal Congress exercises high vigilance over the Federal Council, the Federal Administration and the Federal Judiciary.
Every year at a joint session in December, the newly installed Congress elects the new President of the Federal Council and the Commander of the EU armed forces, by an unique majority of the votes. If the regulation three years have gone by, the Congress elects the new Federal Council and its President and the President of the Federal Chancellery. Every two years, it elects some of the members of the Federal Tribunal.
Further competences:
Enacting the laws and decrees that the federal Constitution assigns to the Federal Congress as one of its competences.
Making alliances and treaties with foreign countries.
Approving treaties set up by member States between themselves and with foreign countries, when such approval is requested by the Federal Council or by another member State.
Taking all necessary measures for external security, for the maintenance of the independence and neutrality of the European Union. Declarations of war and peace treaties.
Guarantee of the Constitutions and the territory of individual member States. Measures for internal security. Amnesty and right of pardon.
Establishing fees and allowances for members of European Union institutions.
Establishing the measures for observance of the EU Constitution and for fulfilment of federal obligations.
Having at its disposal the Armed Forces.
Establishing the annual budget and examining the statement of the European Union.
Laying down the annual estimate and examining the statement of EU account.
Resolving cases of impugnment against decisions of the Federal Council on administrative questions.
Resolving problems of competence among EU institutions.
Revising the Constitution of the European Union, should this become necessary.
Art. 23.- Elections. The European Union does not organise political elections itself. It is the States that organise the elections, all on the same day, every year, on the first Saturday in October (“Election Day”, considered a public holiday), to elect the members in the federal Parliaments of the European Union, of the every State, Region, Municipality and to select, by first ballot, the EU’s and every State’s and Regions’ senators candidates and the Democracy Guardian candidates. The citizens vote also for regional and municipal Councils. Moreover, possible popular votings take place at any territorial level.
Deputies are elected on a proportional basis. In voting sessions to elect deputies, citizens can express their preference for no more than two names.
When electing the senators, voting by citizens takes place in two phases: first, to select candidates at the national level, and then by second ballot. In voting sessions to elect senators, every time citizens can express their preference for one candidate only.
Note.- To choose the two senators for each State, the first vote takes place at a national level. During the second vote, again at a national level, the citizens choose by second ballot among the first four candidates voted in the previous phase, electing the two senators for the State. During the first phase, if a candidate receives 50%+1 of the valid votes, that person is immediately elected, while a second ballot is held between the three remaining candidates in order to elect the other senator for the State.
To elect the senator for Regions of each State, the first stage in each Region is won by the candidate who receives 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. Out of the three candidates, the candidate who receives a consensus from more than 50% of the Regions is elected senator.
Second-ballot procedure: when citizens have to express a preference among three candidates A, B and C, they can vote for one of the three candidates. The same card also contains other boxes to be marked for an eventual second ballot. If none of the candidates obtains 50%+1 of the votes, the first two candidates with the most votes remain in the ballot; in this case, the elector marks three more preferences separately:
1 = between candidate A or B . 2 = between candidate B or C. 3 = between candidate C or A.
Analogous procedure to elect two candidates out of four.
Art. 24.- Speakers of both chambers are elected by their respective assemblies. 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 EU 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.
Art. 25.- Remuneration: members of the Deputies Parliament are remunerated by the EU’s federal coffers. The members of the Senate that represent their State are remunerated by their State, the members of the Senate that represent their Regions are remunerated by the Regions of respective State.
The remuneration is paid to each one only according to the attendance check.
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. 26.- The Federal Council (or Federal Government), formed by the Council of Ministers with a President and a Deputy President, is the European Union’s highest executive institution. It is responsible for managing common interests: war and peace, armed forces, trade agreements, monetary policy, federal taxes, development of large-scale communication channels, postal services, intervention in pre-defined cases of abuse – especially those regarding democracy, finance, information (in its various aspects), advanced technology, justice and forms of monopolies, etc. – in the individual EU member States.
The Federal Council is made up of professionals and is composed of 13 members elected one by one every three years by a congressional joint session.
The 13 members must belong to 13 different States.
The five leading political parties of the EU must be represented, proportionally and with at least one member, in order to favour collaboration rather than confrontation.
The executive members have nothing to do with the legislative members, and they are not necessarily part of a majority coalition.
The Federal Council decides as a collective authority. Council meetings convened to manage and resolve issue are deemed valid when at least 7 members are present.
Members of the Council of Ministers cannot be elected more than three times (a maximum of nine years).
When the Council of Ministers’ term expires, Congress can appoint a number of previous ministers ranging from zero up to a maximum of nine; at least four of the new ministers must come from States not present in the previous 12 (and 9) years.
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. 27.- The functions of the Federal Council. Within the limits of the current Constitution, the functions of the Council are as follows:
Directing the affairs of the European Union in accordance with federal law.
Checking that the Constitution, the laws and decrees of the European Union are observed; taking the necessary steps for their preservation.
Checking that the Constitutions of member States are guaranteed.
Presenting bills, decrees and resolutions to the Federal Congress, and giving preventive advice on proposals submitted by the Federal Congress or by member States.
Implementing the execution of federal laws, decrees and resolutions, and of the sentences of the Federal Tribunal. Examining treaties of member States between themselves or with foreign countries, and ratifying them in that they are admissible.
It is given the assignment of foreign affairs.
Overseeing the external security of the European Union in order to maintain its independence and neutrality.
Overseeing the internal security of the European Union.
it is in charge of all military affairs and administrative branches which belong to the European Union.
In urgent cases, if the Chambers of the Federal Congress are not in session, the Federal Council is authorised 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 7,000 or when their duration under arms is more than twenty days.
Examining the laws and regulations of the member States, which need the approval of the Federal Council.
Administering the finances of the European Union, presenting the budget and the statement of EU revenues and expenditures.
Checking the management of all the members of the federal administration.
Taking steps to carry out the aims listed in article 36, paragraph 2.
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 European Union, recommending to the Congress the measures that it considers are suitable for promoting the common prosperity. Furthermore, it presents particular reports if requested by the Federal Congress.
Art. 28.- The President of the Federal Council and his or her Deputy President are appointed by Congress from amongst the members of the Council of Ministers in an annual plenary session.
The President of the Council is the President of the European Union at the same time, and officially represents the European Union to foreign governments.
The President 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 Deputy President.
The new President must come from a different State. The Deputy President can be elected President of the Federal Council, but not Deputy President a second time. The new Deputy President must come from a different state.
Art. 29.- The Departments in which the Federal Council operates primarily comprise (some departments can fuse so that their total number coincides with that of Ministers):
a) Foreign affairs.
b) Economy, economic innovation and development, shared economy.
c) Finance.
d) Defence, security, civil protection.
e) Justice.
f) Environment, territorial planning, waste disposal.
g) Public works, transportation, efficiency of services.
h) Communications, energy, technological innovation.
i) Education, art, the culture of democracy, solidarity and peace, the importance of childhood and of young people.
j) University, scientific and technical 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 EU states, promotion of collaboration and unity.
For each department, the general guidelines are laid down by the EU. 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.
The Federal Council and its departments have the right, for special affairs, to consult some experts.
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. 30.- Foreign Affairs fall within competence of the European Union.
The European Union will do everything possible to safeguard the independence and wellbeing of the Federation. 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.
The EU States collaborate in drawing up foreign policy decisions which involve their competences or their essential interests. The European Union keeps member States informed and updated in consultation with 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. 31.- Finance: long-term, the Federation balances its income and its expenditure; besides must amortize the possible deficit in its budget.
The Federal Council elaborates the financial plan with the budget, and draws up the final balance for the European Union.
The Federal Congress decides on EU expenditure, adopt the budget and approves the balance of it.
The citizens are called to decide on the budget, choosing in general terms the various possibilities in each field, the destination of public expenditure, when this exceeds a given figure established by law at federal, state and local level.
Art. 32.- Council members’ fee: the President and the other members of the Federal Council are remunerated with an annual fee from the EU’s federal coffers. Analogous fee for the Democracy Guardian.
Art. 33.- The Federal Chancellery is the organ responsible for preparing, drawing up, authenticating, recording and dispatching the public acts and documents both for the Federal Congress and the Federal Council.
The Chancellery is under the direct control of the Federal Council; its organisation is established by European Union legislation.
The President of the Chancellery is nominated by the Federal Congress every three years, and always at the same time as the Federal Council.
Art. 34.- The European Union Court is the highest judicial institution in the European Union and shall rule on appeals regarding violations of: the Constitution, international or inter-State agreements, State autonomy and, in general, regional or municipal autonomy. It also rules on appeals regarding disputes pertaining to public law between the EU and member States or between the States themselves.
The Court is composed of 33 members and 33 substitute members. The term of office is six years. Members can be re-elected for a maximum of an additional six years. The 33 members in office must represent at least twenty different States. All of the EU States must be represented if account is taken of the substitute members.
Every two years the Court renews, or individually confirms for a second mandate, a third of its members and substitute members. Six members and six substitute members, from ten other different States, are elected one by one by the EU’s Federal Congress in a joint session, then five members and five substitutes members are elected one by one by the EU States judiciary members, over three years’ service.
A popular initiative can give the assignment of a biennial replacement to the EU’s Federal Congress, in a joint session.
Note.- The vote of judges, over three years’ service, is weighted inversely proportional to the number of electors judges of the individual States and directly proportional to the deputies of the same States.
Art. 35.- The President of the Federal Tribunal is elected by the 66 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. 36.- The Democracy Guardian: is an expert on the proper application of democratic principles and a man or woman of unquestioned integrity. He or she is directly elected by EU citizens voting at European level with a possible second ballot among the first four candidates voted.
He or she is the guarantor of direct democracy, of the EU Constitution, of rights, of the application of laws, of good use of public finance, of freedom in all of its various aspects, of common justice, of implementation of antitrust legislation, of free competition, of improved transparency - with the computer Net help, too - of control against an undemocratic coupling of interests, of pluralism and freedom of information, of the development of knowledge, of artistic expression, of scientific research, of communication, of preventing or reporting corruption, of preventing or reporting monopolisation of the networks and of IT and genetic products, of the democracy and non-violence of each party, of the strict separation of the three powers (executive, legislative and judicial), and of the unequivocal separation between religious Institutions and the State.
He or she is directly accountable to the citizens and must make any anomaly, irregularity or non-fulfilment public at once.
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.
Art. 37.- The European Central Bank regulates the circulation of money, facilitates payment transactions and carries out, within the limits set by EU legislation, a monetary and credit policy in favour of EU development.
The European Union has the exclusive right to issue banknotes and any other fiduciary money and to mint coins. These activities are carried out by the Central Bank, which is directly under the EU’s administration.
The EU is to be allocated 33% and individual States are to be allocated 67% of net profit, after deduction of dividends and allocation to reserve funds.
This activity can be delegated, but only upon approval via a popular vote, to a central joint-stock bank. Said delegation can be revoked. The activity is always jointly carried out and remains under the close surveillance of the EU’s Federal Congress, which must vote on the amount of money to be issued and its use.
Art. 38.- The Governor of the European Central Bank holds office for five years and is elected, in joint session, by the Speaker of the Parliament (who presides at the session), the 13 members of the Federal Council and the 27 Presidents of the Council of EU Member States. The Governor of the European Central Bank can be re-elected once only for a second mandate of three years. The successor must come from a different State.
Art. 39.- Armed Forces: the federation does not have the right to maintain permanent troops. Each State can have a maximum number of permanent forces equal to 35,000 units, unless otherwise allowed by EU institutions.
The military must be trained in their own State.
All male citizens legally of age must, up to the age of 32, take part in temporary military service, without pay, one week a year in their State.
The law provides for alternative civil activity (see art. 41). One can be exempted from service by paying a tax to the EU. For women, temporary draft service is optional.
The right to have federal military forces at its disposal belongs to the EU’s Federal Congress.
Art. 40.- The Commander of the Armed Forces is elected by the Congress in a joint session. He or she shall hold office for one year. He or she can be elected only once more, but not before eight years have passed. His or her successor must come from another State.
Art. 41.- Civil activities. Adult citizens (up to the age of 32) can take part in temporary unpaid civil service, carrying out activities such as auxiliary fire-fighters, civil protection or assistance services, as an alternative to temporary military service.
Art. 42.- The Capitals of the European Union: the seat of the Federal Congress, the seat of the Federal Council and the seat of the European Union Court must be situated in three different States.
Art. 43.- Complete separation of executive, legislative and judicial powers must always be maintained.
Art. 44.- Responsibility of EU officials. All members who hold posts within the European Union are responsible for their management. A federal law sets out these responsibilities in detail.
Art. 45.- Incompatibility: in order for the person elected to carry out any office at EU or State level, said person must first resign from any other public or private position and renounce any company ownership and any noble titles. The same person cannot simultaneously hold public offices at EU or State level and offices at the regional or municipal level. In particular, a member of the Council cannot at the same time be a member of Congress.
The President of the Federal Council and Military Commander in office in the same year must come from two different States.
Individuals who have been convicted of fraudulent or malicious crimes with res judicata penal sentences, or individuals called to justice by an arrest warrant, cannot hold office at central or local level or put themselves forward as candidates.
A party is not admitted if it proposes to reduce the direct democracy of citizens or to set a limit to direct democracy, or it advocates any forms of violence or racism or it pursues an ideological fundamentalism. A party is not admitted if it is an emanation of secret or deviant groups, of (para)military or religious organizations, of multinationals, of large economic or finance enterprises.
CHAPTER II - GENERAL PROVISIONS
Art. 61.- State social security: State old age insurance is obligatory. The pensions given out must adequately cover basic needs. Maximum pensions cannot be more than double minimum pensions and all pensions must be adjusted to reflect price increases.
Old age insurance is financed as follows: half by the contributions paid by the future beneficiaries, of which 50% is covered by the employer if the future beneficiary is an employee, and the other half by the European Union and the States.
Art. 62.- Health: health insurance, public or private, is obligatory. The cost of health services can be partially borne by citizens on the basis of an income-assessment yardstick, reported by a personal magnetic card.
Art. 63.- Employment and Labour Unions: citizens have a fundamental right to work. The EU recognises workers’ freedom to form labour unions. The members must be elected by the workers themselves and are to hold office for two years.
Unemployment insurance is obligatory for all the employees. Unemployment insurance is financed by the contributions paid by the insured; if these are employees, 50% of contributions is covered by their employers.
Work contract agreements must be approved, via electronic vote, by the workers concerned. It is prohibited to make conditions on voting or to intimidate with any kind of blackmail or vexatious threats, in order to affect the vote. The agreement must not contain anti-constitutional or unlawful clauses.
In the event of a cyclical or temporary, economic crisis, workers in the sectors affected will not be laid off. Instead, during the year, they will work nine or ten months, instead of twelve, so that nobody is unemployed.
Workers’ participation 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.
In order for company managers to be elected, they must be approved by a majority of the company’s employees, determined by electronic vote. This choice is verified every two years (in recognition of their merit).
Art. 64.- Taxation. The European Union can collect direct taxes:
a. on personal income, with a maximum rate of 12%;
b. on corporate net income, with a maximum rate of 10%;
c. on corporate capital and reserves, with a maximum rate of 0.1%.
In calculating the rate, the Federation takes into account the burden of the direct taxation imposed by member States and local bodies.
Individual States provide for imposition and collection of taxes. The States are entitled to 30% of the gross inland revenue, of which at least one fifth is devolved on interstate financial equalization.
The European Union enacts the principles for harmonising direct tax (federal, state, regional and municipal). Harmonisation also covers who is subject to taxation, the nature of the taxes and their period of calculation, as well as the procedures and penalties involved. The EU can issue proscriptions against unjustified fiscal advantages.
The EU can levy a value-added tax (VAT) with a maximum rate of 7% on the supply of goods and services, including personal consumption, and on importations. The 7% rate can be increased by a further 1% to meet the financial difficulties of old age pensions due to the longer average life span. Six per cent of the fiscal income is allocated to actions of low-income brackets relief.
The European Union can levy special taxes on consumption, road tax, expected taxes on movables income, on insurance benefits and on lottery winnings, according to special laws.
The above federal taxes (see two previous paragraphs) cannot be burden with taxes of the same kind by the member States and local bodies.
The EU promotes financial equalization between States. In granting federal contributions, the EU takes into consideration the financial capacity of the States themselves and of the less-favoured Regions.
Art. 65.- Education: States shall provide sufficient primary education, which is mandatory and, in State schools, free of charge. Education must remain exclusively under the management of a civil authority.
Young people must have excellent cultural and professional training. Professional competence must be deepened in every field of social interest, especially in those listed in article 29, paragraph 1.
Trips to and stays in other EU countries on the part of young people are promoted.
Practical English is taught from the very start in all classes of every level and grade. Everyone must be able to speak English, which must become Europe’s official unified language.
All the languages of the EU constitute a cultural heritage to be valorised.
The Internet is an important subject matter: its applications, new computer technologies and interconnections should be made available to all EU students.
Direct democracy and its defence, the sovereignty of the people, civil and human rights, awareness of their value and the EU Constitution are all mandatory subjects to be taught in middle school.
Art. 66.- Freedom of opinion: laws shall not be passed that limit freedom of speech, of the press, of Internet, of television and radio information, of entertainment or of citizens’ right to peaceful gatherings.
Censorship is forbidden. Professional secrecy in editorial matters is guaranteed.
Art. 67.- Price of goods: to prevent abuses in the formation of the prices, the EU issues dispositions on the overseeing of the prices and of the prices of goods and services offered by public or private organizations that dominate the market. If absolutely necessary, such prices can be reduced.
Art. 68.- Housing: the European Union adopts measures to promote, especially by means of costs reduction, the construction of housing and the purchase in ownership of flats and houses, for families and people with modest incomes.
The EU can issue instructions against the abuses in the matter of lease, against illegal rents and unlawful notices.
Art. 69.- Environment: the European Union shall issue legal provisions to protect humankind and the natural environment from harmful or irritating factors and, in particular, to combat pollution and noise pollution.
Individual States are responsible for implementing said provisions, except when the law otherwise assigns this role to the EU.
Alternative energy sources will be encouraged.
The trees that are cut down or destroyed must be replaced in a fitting manner, since they produce oxygen and absorb carbon.
Should the EU or a member State wish to carry out, in a particular area, a work project with strong environmental impact, it will be necessary to obtain the prior consent from the local authorities and/or the citizens (by voting) of the Municipality or Region concerned.
Art. 70.- Poverty: for very low incomes and therefore insufficient to cover the vital requirements of a family or an individual, there is a temporary benefit from the EU. In the case of elderly people (over seventy) or of serious handicaps, the subsidy can become permanent. Everyone has the right to food.
Art. 71.- Scientific research: the European Union promotes scientific research and guarantees its freedom and diffusion.
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.
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. 72.- Internet: free access to the Internet and the worldwide web is guaranteed for all citizens of the European Union. Also in the most remote villages, every boy or girl must have a up-to-date computer or iPad (or similar products) at his or her disposal.
Art. 73.- Broadcasting: legislation regarding different forms of public broadcasting – television, radio, etc. – falls under the competency of the European Union.
These forms of broadcasting contribute to cultural development and to the free formation of opinions and entertainment of users, and are to correctly present events and adequately express the plurality of opinions. They shall take account of the special characteristics of the European Union and of events taking place in different States. Independence of these forms of communication, television, radio, etc, and autonomy of programming are guaranteed by the Constitution.
As regards private broadcasting, no group or individual can own more than 45% of a broadcasting station, and nothing else besides.
Regarding advertising in the broadcasting field, no group or individual can hold more than 2%, and only that, of the total advertising at the federal level, and not more than 10% of the total advertising at State level.
Art. 74.- Privatisation. Privatisation 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. 75.- Religious freedom: the right to freedom of belief and of conscience is recognised for all.
The exercise of civil or political rights cannot be limited by any religious or ecclesiastical precept or condition. Religious opinions shall not prevent people from fulfilling their duties as citizens.
Art. 76.- Right to life: everyone has the right to life, and to physical and mental integrity. The death penalty is forbidden, as are torture and every other type of cruel, inhuman or degrading treatment or punishment.
Art. 77.- Rights of minorities: legislative decisions or referendums or popular initiatives specifically regarding non-violent minorities (with reference to race, origin, civilization, language, culture, religious convictions, philosophical or political beliefs, gender, marital status, social position, psychological or physical impairments, etc.) cannot have passed without the prior consent of the representatives and/or the citizens (by voting) of the minority groups directly concerned.
Customs or opinions of minorities do not exempt members from carrying out citizens’ duties.
Art. 78.- Rights of refugees: refugees cannot be sent back or extradited to States where they will be persecuted or where they risk torture or inhuman punishment.
Art. 79.- War: the European Union repudiates war as a means of resolving controversies and refutes pre-emptive war.
Art. 80.- Ban on mercenary activities: citizens of the European Union are not permitted to take part as combat troops, paid from private sources, in armed conflicts or any activities designed to overthrow a government. Citizens who wish to take an active part in private security companies or in military operations must first request authorization from the European Union. Foreign service in regular armed forces is also forbidden, if the EU contests the armed deployment plan.
Art. 81.- Disadvantaged countries: the European Union promotes development and freedom in the world, especially by promoting education in disadvantaged countries and by backing local economic initiatives.
Art. 82.- August 1 is the annual celebration of the European Union and its direct democratic Constitution all over Federation.
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Art. 101.- Individual States in the EU: member States are sovereign insofar as their sovereignty is not limited by the EU Federal Constitution and they exercise their rights not delegated to the European Union.
The general points contained in each State’s Constitution are to be analogous to those in the EU Constitution and are to be based on the inalienable principle of the sovereignty of the people.
Each State has a legislative Congress, comprising a Parliament of Deputies, whose members are elected every year by all the citizens using the proportional system, and by a Senate of the Regions, in which each Region has two members – federalism of Regions on a par – elected every year by ballot (see art. 23) within the Regions themselves. A member of Congress can be elected for a maximum of 8 years in all.
The two chambers have the same competences and equal standing.
The State Council is made up of professionals and is composed of 7 or 9 members elected one by one every three years by a joint session of the State Congress. The 7 or 9 members must belong to as many different Regions. The four leading political parties of their respective States must be represented, proportionally and with at least one member, in order to favour collaboration. The Council of a State with less than 4 million inhabitants can be composed of less than 7 members (3 parties represented).
The President of the Council of each member State is also President of that State (except for the States currently under a constitutional monarchy, unless a popular initiative chooses otherwise). The President holds office for one year, and subsequently cannot be re-elected as President of the Council or as Vice President.
The President of the Council for each member State is "primus inter pares" (first among equals) and the same applies to the President of the Council for each Region and for the mayor of each municipality.
Approval of any State law requires majority approval in both chambers. Every law and regulation (state, regional, municipal, consortium) is always subject to the people’s right to approval.
At all times, it is essential to maintain the complete separation of executive, legislative and judicial powers.
A very small member State, for example that has less than one million inhabitants, may not have subdivisions (Regions) intermediate between state and municipalities. In this case its Congress is unicameral, composed only by the Parliament of Deputies, while it has 2 representatives, instead of 3, in the Senate of the European Union, not there being Senator of the Regions. Also the art. 151 is not in force for this State.
...
Real estate in each EU State. Every public or private body, company, organization, association, individual person, family, group of any type, of foreign countries too, etc. cannot own more than 0.01 per cent of the real estate in that State, excluding the public property of the State itself.
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Art. 151.- Regions. To be recognised as such, a Region must have at least 15,000 inhabitants.
Each Region has a legislative Congress, renewable every year, comprising a Parliament of Deputies, whose members are elected with the proportional system by all the citizens, and a Senate of Municipalities, with a number of members, elected with the ballot, for as many different municipalities, equal to a quarter of Deputies of the Region. A member of the Regional Congress can be elected for a maximum of 8 years in all.
The two chambers have the same competences and equal standing.
The Regional Council is made up of professionals and consists of 3÷5 members (7 members if the resident population exceeds four million inhabitants), elected one by one every three years by the regional Congress in joint session. The Regional Council must include members, with proportional representation and at least one member, of the three main political parties in the Region (four main parties if the population exceeds four million inhabitants) in order to foster collaboration. A member of the Regional Council may be elected to the maximum of 3 times (9 years).
The President of the Regional Council remains in office for three years and can no longer be re-elected Chairman of the Region.
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Real estate in each Region. Every public or private body, company, organization, association, individual person, family, group of any type, of foreign countries too, etc. cannot own more than 0.07 per cent of real estate (excluding public property) present in the Region and cannot own more than 0.07 per cent in each large city of that Region.
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Art. 191.- Municipalities. To be recognised as such, a municipality must have at least 5,000 inhabitants.
The citizens elect the Mayor by direct ballot (if the candidate does not obtain 50%+1 of the votes during the first round). The Mayor’s mandate lasts for three years and it is renewable, through popular elections, up to 2 more times (9 years in total).
The Mayor of a large Municipality must be professionally qualified.
Apart from the Mayor, the Municipal Council is made up of 3 other members (4 members in large Municipalities), elected one by one every three years by the Municipal Parliament. The three main political parties in the Municipality (four main parties in large Municipalities) must be represented on the Council, with proportional representation and at least one member.
The Mayor and/or the Municipal Council can be elected in ways other than those described above, on condition that the citizens of the Municipality have approved the process by voting.
The mandate of each member of Congress or Municipal Council take no longer than, respectively, 8 and 9 years.
Municipal autonomy is guaranteed by the measures contained in the legislation of the State and Region to which they belong.
Nearby Municipalities can group together as a Consortium. The budget and the activities of the Consortium are subject to the sovereignty of the citizens.
* * * *
For example, the seats in the Federal Congress of Italy are divided as follows:
SEATS IN PARLIAMENT AND SENATE OF THE ITALIAN FEDERAL STATE
________________________________________________________________
Population no. seats no. seats
no. Regions of (millions of % in the in the
progr. Italy inhabitans Population Parliament Senate of
in 2004) of Deputies Regions
_________________________________________________________
1 Lombardy 9.39 16.1 48 2
2 Campania 5.80 9.9 30 2
3 Latium 5.27 9.0 27 2
4 Sicily 5.01 8.6 26 2
5 Veneto 4.70 8.0 24 2
6 Piedmont 4.33 7.4 22 2
7 Emilia-Romagna (*) 4.15 7.1 21 2
8 Apulia 4.07 7.0 21 2
9 Tuscany 3.60 6.2 19 2
10 Calabria 2.01 3.4 10 2
11 Sardinia 1.65 2.8 9 2
12 Liguria 1.59 2.7 8 2
13 Marches 1.52 2.6 8 2
14 Abruzzi 1.30 2.2 7 2
15 Friuli-Ven.Julia 1.20 2.1 6 2
16 Trentino-High Adige (*) 0.98 1.7 5 2
17 Umbria 0.86 1.5 4 2
18 Basilicata 0.60 1.0 3 2
19 Molise 0.32 0.5 2 2
20 Aosta Valley 0.12 0.2 1 2
______________________________________________________________________
TOTAL 58.47 100.0 301 40
=================================================
(*) To be divided, if it is necessary, into two separate Regions.
3. DECLARATION OF PEOPLE’S SOVEREIGNTY
“The impetus, that pushes citizens to free 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 people to the government for a limited period. Whilst carrying out their duties and responsibilities, these elected officials must respond directly each and every time they are requested to do so either by law or upon request by the citizens themselves. When a government does not serve 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 it. Each and every time needed laws are not passed by the legislative assembly, citizens have the right to take the initiative and propose laws and directly vote on them, with immediate executive effect. The most important offices in every institutional field, at national, regional and municipal level, exist to serve the people’s will. Those holding these offices must answer to the sovereign people as regards the activities being carried out in service to the people.
In the same way, the distribution of public revenues both nationally and locally (including part of the profits of certain private companies) should 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 ensuring that good use is made of them.
The Prime Minister and the leaders of the main political institutions can hold office for a year and must not be involved in any conflict of interests.
O0o00o
4. INVITATION TO ALL THOSE WHO WANT CITIZENS TO BE SOVEREIGN
The conquest of direct democracy is inevitable. The world cannot do without it, DD forms part of the social DNA. For every law, THE SOVEREIGNTY OF THE PEOPLE IS PARAMOUNT. For civil society it is the “extra factor”. Those who appreciate DD know that it is the answer, whatever may be our way of thinking. True democracy is a source of wealth for all States that adopt it. And it is that can be exported peacefully.
We appeal to European citizens and to the Italian people: nothing that is introduced can become law without your consent. With direct sovereignty, you yourselves are the protagonists of the laws that must do your wellbeing.
We invite rulers and democratic parties to open their doors to people’s authority.
We invite all nations to acknowledge the fact that citizens’ rights of direct democracy lead to a higher level of civilisation, made up of freedom, peace, emancipation, widespread wellbeing, a more just and united world.
Direct democracy is the essential right of nations, refuting discrimination and encouraging people to collaborate in improving the destiny of humanity. This is what really matters!
Full direct democracy is the beacon we should be aiming for; it brightens human society just as the sun does. Individuals and people who champion DD are like the sun’s rays – the nearer they are to the sun, the closer together they become. In other words, individuals and people who realize DD are united more and more amongst themselves. Yes we can.
The EUROPEAN UNION is invited to adopt a federal Constitution and national Constitutions founded on the inalienable principle of the people’s direct democracy, to make Europe an avant-garde continent which can export the benefits of advanced democracy in a nonviolent manner.
EVERY STATE is invited to adopt a national Constitution and regional and municipal Constitutions founded on the inalienable principle of the direct Sovereignty of the people, in order to render the State a socially happy nation, which is the home of all citizens.
The same invitation is extended to the UNITED STATES OF AMERICA, so that it adopts an advanced democracy that can serve as an example to the world, as the Constitution drafted in 1787 did. So that USA can be a DD-wealth-exporting State.
This proposal is also interesting as a solution for a possible FEDERATION OF STATES OF SOUTH AND CENTRAL AMERICA. In this case, there would be a great deal in common with European Union structures.
Also CHINA, in order to be a model, is invited to adopt the direct democracy of the people as this is the only way to move forward in the long run: times are changing.
And so RUSSIA, INDIA, MUSLIM COUNTRIES, AFRICAN STATES, ASIATIC SOUTHEAST, AUSTRALIA AND OCEANIA, JAPAN AND KOREAS, CANADA, etc. are invited to adopt, each in its own way, a federal Constitution founded on the principle of the direct Sovereignty of citizens.
ONLY IN THIS WAY CAN PEOPLE BE OF SERVICE TO ONE ANOTHER.
ANNEX
DEFINITIONS:
AUTHORITY etymologically derives from author, someone who makes others grow, the foundation on which other people develop. The author is at the service of everyone for their progress. Authority generates union, freedom and development.
POWER means power over other people, and presupposes submission and obedience. In practice, this leads to a society of “unequals”: the “superiors” who decide, the “inferiors”, the majority, who submit and accept. Power produces uniformity, subjection and regression.
BOOKS ON DD=
“Guidebook to direct democracy” edited by IRI Europe
“Direct Democracy” edited by Democracy International
“Federal Constitution of the Swiss Confederation” edited by the Federal Chancellery
“Europe: not without the people” edited by Democracy International
SOME WEBSITES ON DD =
Europe: www.iri-europe.org www.democracy-international.org
Germany and Austria: www.mehr-demokratie.de www.mehr-demokratie.at
Italy: www.dirdemdi.org www.paolomichelotto.it www.democraticidiretti.it
www.meetup.com/l-officina/it/messages/boards/thread/6492475/30#26426527
Belgium: www.democratie.nu
Netherlands: www.referendumplatform.nl
Switzerland: www.andigross.ch www.c2d.ch www.bk.admin.ch
Spain: www.masdemocracia.org
America: www.iandrinstitute.org www.newamerica.net
Asia: www.iri.asia.net www.kdemocracy.or.kr
=============================================================================================================================
The proposed federal direct democratic Constitution, described in the previous pages, can be applied, mutatis mutandis, to every Federation of States.
Ejemplo: los escaños en el Congreso Federal se reparten entre los 20 Estados de una eventual Federación Centrosuramericana como mostrado en la tabla siguiente, ampliable a otros Estados Caribeños.
ESCAÑOS EN EL CONGRESO FEDERAL DE LOS
ESTADOS CENTROSURAMERICANOS
______________________________________
Población n. n.
núm. Estados (millones de % escaños escaños
progr. de la habitantes Población en el en el
Federación en 2005) Parlamento Senado
__________________________________________________________________
1 Colombia 45.60 17.7 71 3
2 Argentina 38.75 15.1 60 3
3 Perú 27.97 10.9 44 3
4 Venezuela 26.75 10.4 42 3
5 Chile 16.30 6.3 25 3
6 Ecuador 13.23 5.1 21 3
7 Guatemala 12.60 4.9 20 3
8 Cuba 11.27 4.4 18 3
9 Bolivia 9.18 3.6 14 3
10 Rep. Dominicana 8.90 3.5 14 3
11 Haití 8.53 3.3 13 3
12 Honduras 7.21 2.8 11 3
13 El Salvador 6.88 2.7 11 3
14 Paraguay 6.16 2.4 10 3
15 Nicaragua 5.49 2.1 8 3
16 Costa Rica 4.33 1.7 7 3
17 Uruguay 3.46 1.3 5 3
18 Panamá 3.23 1.3 5 3
19 Guyana (*) 0.75 0.3 1 3
20 Surinam 0.45 0.2 1 3
____________________________________________________________________
TOTAL 257.04 100.0 401 60
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(*) Si es posible.
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