Roger Williams

ALTERNATIVE EU CONSTITUTION: PREAMBLE AND FUNDAMENTAL ARTICLES

Preamble

We, the free peoples of the nations of Europe, mindful of our conflicts in the past, in order to form a more perfect government of human affairs, establish justice, democracy, and human rights, ensure domestic and international peace, provide for our mutual protection, promote our common interests, preserve the Earth's resources and environment, provide equal rights and disseminate prosperity to all the citizens of Europe and the world, and to secure the blessings of liberty to ourselves and for our future, do agree and establish this
constitution for the European Union.

We believe that by the strength of our common endeavour we can achieve more in agreed areas than we achieve alone so as to create for each of us in our Union the means to realise our true potential and for all of us a community in Europe which power, wealth and opportunity are in the hands of the many not the few, where the rights we enjoy reflect the duties that we owe, and where we live together, ever aware of our past, freely, in a spirit of solidarity, tolerance and respect.

Fundamental Articles: Powers Within the Union, Democracy and Human Rights
A Free Association

Article 1 The European Union is a free association of sovereign nations, engaged in a common endeavour at the behest of its peoples. Its powers are vested in it by its peoples for the sole limited and express purpose of achieving the objectives of this constitution better than may be achieved by actions of its individual sovereign nations.
Respecting Human Rights

Article 2 Membership of the European Union shall be reserved to nations which guarantee and provide for all their citizens the rights established in this constitution and the European Convention on Human Rights, and whose governments are chosen in free and fair elections. A nation may secede from the Union only at the wish of its people, expressed in an election or referendum held for that purpose.
Of Sovereign States

Article 3 The powers not delegated to the European Union by the constitution nor prohibited by it to its sovereign nations, are reserved to those nations or to the peoples of Europe.
Close to the People

Article 4 All powers of the European Union belong to its peoples and shall be exercised at the level of authority which is closest to the people. Power shall devolve to the lowest appropriate level of local, regional or national elected authority unless it is explicitly reserved to achieve the objectives of this constitution.
Based Upon Democratic Election

Article 5 Except in matters of law, determined by the courts of the Union, in any dispute between an elected and an unelected authority within the Union, the will of the elected authority shall prevail.
Only by Consent

Article 6 No rights or responsibilities over the territories, including the territorial sea, of the member nations of the European Union, shall be exercised without the consent of the peoples of the Union, freely given by their elected governments.

Applying Equally To All

Article 7 All persons born or naturalized in the territories of the nations of the European Union, and subject to their jurisdiction, are citizens of the Union and of the nation where they were born or reside. No nation shall make or enforce any law which shall abridge the privileges of immunities of citizens of the Union, nor shall any nation allow any person within its territory to be deprived of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
With the Rule of Law

Article 11 No obligation, penalty or sanction may be conferred retrospectively, secretly and without due and fair process, on any person subject to the jurisdiction of a member nation of this Union. No obligation, penalty or sanction may be conferred on any person unless it is declared in law, necessary for any purposes declared in the law of member nations or the Union, and is a reasonable and proportionate means of achieving that purpose.

Understood by Everyone

Article 12 Any rights, responsibilities, penalties or sanctions applied to any citizens of the Union shall be written in all of its official languages, in terms which make their intent clear and certain.

Amended Only by Agreement

Article 13 The Parliament, whenever two thirds of its members shall deem it necessary, or on application of the legislatures of two thirds of the member nations, shall propose amendments to this constitution, which shall be adopted when ratified by two thirds of the aforementioned members and by two thirds of the aforementioned legislatures.

Interpreted by Law

Article 14 The Court of Justice shall be responsible for the interpretation and application of this constitution, guided by the objectives set out in the preamble.
Within a Global Context

Article 17 Nothing in this constitution shall release any member nation or the Union itself from any obligations under international treaties or conventions, or any provisions of international law.

Applicable to All

Article 19 Any citizen of a member nation acquires the rights of this constitution from the moment he or she is born and retains them throughout his or her lifetime, provided that nothing shall prevent any member nation from making its own laws to decide when life begins. These rights shall also be acquired at the moment of naturalization as a citizen of a member nation. No one may be deprived of citizenship against his or her will.

Respecting Our World.

Article 20 No rights under this constitution which are conferred on humanity shall release citizens, authorities, member nations and the Union from their obligation to respect the existence and rights of other forms of life.