Swedish Liberal Party

Stockholm 8 January 2002

Preamble

We, the Peoples of Europe,

- mindful of our common history and shared experiences of war and conflicts, unification and cooperation;
- confirming the importance of international human rights;
- mindful of our cultural and linguistic heritage and the different identities and traditions of the Member States on local, regional and national level;
- being convinced that cooperation over national borders is a driving force for peace, freedom and prosperity;
- wishing to establish a government based on the principles of democracy and the rule of law;
- being convinced that a European federation is the best way to unite a democratic and open society with efficiency in political action and economic and societal development on the European continent;
- therefore wishing to establish a European Union;
- wanting this Union to be based on universal values such as human dignity, tolerance, freedom, equality and solidarity;
- being firmly decided to strengthen the continued integration of our economies;
- being convinced of the important role of the European Union in the struggle for global justice and democracy;
- wishing to clarify the goals and the principles of the European Union for all its citizens;

have today agreed on this Constitution for the European Union as an expression for our will to build a Europe in peace and freedom.

The President of the European Commission
The President of the European Parliament
The Presidents of the Parliaments of the Member States
The Heads of State and the Heads of Government of the Member States

FIRST CHAPTER

On the European Union

§ 1 The Principles of the Union

The European Communities was established with the purpose of keeping the peace, promoting prosperity and strengthen the efficiency of political action in Europe. The European Union is built on this ground with the objective of creating a closer cooperation between the States of Europe.

The European Union consists of its Member States and its Citizens, from which all competencies of the Union emanate. The Union shall always act with the interests of its Citizens in mind. The Union shall respect the different cultures, languages and traditions that exist in the Member States. The activities of the Union shall be guided by its fundamental values: the respect for democracy, the rule of law and international human rights.

The Union has a legal personality.

§ 2 The Objectives of the Union

The objectives of the European Union are:
- to promote peace, respect for democracy, economic and social progress and respect for the environment across the whole of Europe;
- to develop an economic area without internal borders with a free market including free
movement for people, employment, goods and capital;
- to establish a cooperation for freedom, security and justice for all Citizens of the Union;
- to promote peace, democracy, international human rights and economic and social development all over the world in cooperation with other states and peoples.

§ 3 The Citizens of the Union

Every Citizen of a Member State is also a Citizen of the Union.

Every Citizen of the Union has the right to vote and to be elected in municipal and local elections and elections to the European Parliament regardless of where in the Union he or she resides. Every Citizen of the Union may freely move, reside, seek employment and stay within the borders of the Union. Every Citizen of the Union has the right to seek protection at an embassy of any Member State.

Every Citizen of the Union enjoys every right guaranteed by the Charter of Fundamental Rights, that can be found in an Annex to this Constitution. Every Citizen of the Union also enjoys every right guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.

§ 4 The Languages of the Union

Languages that are official in the member States are also the official languages of the Union.

§ 5 Membership in the Union

Every State that is internationally recognised, that shares the principles, objectives and values of the Union and whose territory, entirely or partially, is located within the European continent, may apply for membership in the Union. After completed negotiations, membership shall be approved by the European Council, by the European Parliament and by the Parliaments of the Member States.

A Member State may choose to leave the Union. After completed negotiations, resignation shall be confirmed by the European Council, by the European Parliament and by the Parliaments of the Member States. A Member State that repeatedly violates the values and principles of the Union can, by decision of the European Council and of the European Parliament, be expelled from the Union.

§ 6 The Competencies of the Union

The exercise of power of the European Union emanates from what is written in this Constitution and in those laws that are made in accordance with the procedures described in this Constitution.

The distribution of competencies between the Union and the different decision making levels of the Member States shall be ruled by the principle of subsidiarity, which means that every decision shall be taken as closely as possible to those concerned by the decision, and by the principle of proportionality, which means that the measures used by the Union to reach an objective may not infringe on the internal affairs of the Member States more than is necessary to reach that objective.

§ 7 Exclusive competencies

The Union has exclusive competence to make laws and take decisions in accordance with its principles in the following policy fields:

- foreign trade and customs policy
- the internal market
- competition policy
- foreign affairs and security policy
- currency and monetary policy
- immigration and asylum policy, visas
- environmental issues of a crossborder character

In these policy fields decisions are taken with double majority.

§ 8 Shared competencies

The Union and the Member States share competencies in the following policy fields:

- transport policy
- business and industrial policy
- agricultural and rural policy
- regional policy
- consumer policy and food safety
- development policy
- research and technical development policy
- public health policy
- police and criminal law cooperation

In certain policy fields, where, due to subsidiarity, the competencies of the Union should be limited, the Member States can choose to cooperate according to the principle of open coordination.

§ 9 Cooperation in new policy fields

The Union may not take over competencies from the Member States or their different subnational levels without the approval of all Member States. In the last resort, the Court of Justice of the European Union shall, with the principle of subsidiarity as its guiding line, decide if the proposed establishment of cooperation in a new policy field is in accordance with the principles of distribution of competencies of the Union. The European Parliament or the Member States, separately or jointly, have the right to refer a dispute of competencies to the Court.

§ 10 Closer cooperation

All Member States cooperate on equal terms in the fields of cooperation of the Union. If a minimum of eight Member States want to establish a closer cooperation in a certain policy field, this must be approved by the European Parliament. Such a decision shall be taken with qualified majority as regulated by the Treaties of the Union.

A policy field that become the subject of closer cooperation between some of the Member States shall be in line with the competencies of the Union. It shall also have the purpose of promoting the goals of the Union, protecting its values, strengthening its integration and respecting the rights and competencies of non-participating Member States. It may not set aside this Constitution or any other Treaty, directive or regulation. Closer cooperation shall be used restrictively. All closer cooperation shall be open for all Member States that want to enter at a later stage.

§ 11 Community measures

Each policy field that is subject to a measure in the hierarchy of competencies of the Union shall be followed by the appropriate legal instrument, other measure or coordination, according to the following:

1. Primary legislation

The Treaties, including their Annexes and Protocols, are the primary legal sources of the Union, and they are only subordinate to this Constitution. They settle the mandates of the Institutions and the balance between the Institutions and the Member States.

2. Secondary legislation

Regulations, directives and recommendations constitute the secondary legislation of the European Union.

a) Regulations are binding and immediately applicable in all Member States.

b) Directives and framework legislation are defining the objective of a proposed measure. They are binding for all Member States, but allow the Commission and the Member States to decide freely on the implementation.

c) As regards other secondary legislation, both chambers of the European Parliament can give the Commission a mandate to implement parts of the legislation of the Union through establishing secondary legislation. Those competencies that the European Parliament in this way delegates to the Commission can be withdrawn again.

3. Voluntary agreements between Member States

This so called soft law is primarily applicable in those policy fields where the competencies of the Member States are superior to those of the Union.

As regards this hierarchy of Community measures, a higher level is always superior to a lower level. According to the principle of subsidiarity, a measure on a lower level shall always be chosen if possible. Decisions on which measure to choose are to be taken by the Commission. The European Union shall only act when the purpose of the measure cannot be fulfilled by the Member States themselves.

§ 12 Openness and transparency

The European Union shall be ruled by the principles of transparency and openness in order to allow public scrutiny in its decision making procedures. As a basic principle, all documents are subject to public access. All law making in the two chambers of the European Parliament is public.

Every person employed by the Union is in his/her full right to make use of "whistle blowing".

All Citizens in the Union have the right, individually or together with other Citizens, to submit a petition to the parliamentary Committee for Petitions.

§ 13 Economy and finance

The currency of the Union is the Euro, which consists of one hundred cents.

The activities of the Union are financed through charges to the member states. These are established in the annual budget, that is decided jointly by the Council and the European Parliament.

§ 14 Alterations

This Constitution can only be altered by an unanimous vote by the European Council. Other alterations in the Annexes are decided by a two thirds majority. Any change in this Constitution must be ratified by the national parliaments and the European Parliament.

Chapter Two

The Institutions of the European Union

§ 15 The European Parliament

The European Parliament represents the Peoples of Europe and the Member States.

The European Parliament has its seat in Brussels.

The Senate

The first Chamber of the European Parliament, called the Senate, represents all the member states. The Senate legislates in cooperation with the European Parliament and also has other tasks as prescribed by this Constitution, the Treaties and regulations of the Union.

When ministers from the member states meet to legislate they assemble in the Senate. The presidency of the Senate rotates between the member states in periods of six months. The president of the Senate is the head of the government in the presiding member State. The decisions of the Senate are prepared by the Committee of Permanent Representatives, which consists of representatives from the governments of the member states.

The Senate generally takes decisions by double or qualified majority. Double majority decisions mean that a majority of the Member States and a majority of the entire population of the Union is required for a decision. The negotiations, votes and reports of the proceedings of the Senate are public.

2. The Second Chamber

The Second Chamber of the European Parliament represents the peoples of Europe. The Second Chamber makes laws in cooperation with the Senate, functions as a counsellor, establishes the budget of the Union, controls and appoints the Commission and is also has other duties as prescribed in this Constitution, the Treaties and regulations of the Union.

The members of the Second Chamber in the European Parliament are elected by the citizens of each member State for a period of five years. Every member State has a permanent number of seats to fill. The number of members must not exceed 750. The members will be elected in general elections that are to take place on the same day in the whole Union. One tenth of the members must be elected on transnational party lists. The elected members of the Parliament are organised in European political groups. The Second Chamber organises its work in committees. Meetings in the Second Chamber are led by the President.

The Second Chamber takes decisions with simple majority or qualified majority. When the Senate takes majority decisions the Second Chamber has the right to codecision. The meetings of the European Parliament are open to the public, as are the meetings of the committees.

The Second Chamber of the European Parliament can refuse to grant the Commission discharge and it can raise distrust towards the Commission as a whole or towards individual members. The members of the Commission must resign if the proposal of vote of censure is adopted by two thirds of the given votes.

§ 16 The European Council

The European Council represents the national governments and presidents of the Member States. The European Council establishes the general guide lines for the activities of the Senate and the Commission, and coordinates the politics of the Member States. The European Council also takes decisions on the Treaties, on new Member States and also has those other duties prescribed in this Constitution, the Treaties and regulations of the Union.

The European Council consists of the heads of Governments and Presidents of the Member States. The presidency of the European Council rotates between the Member States in periods of six months. The President of the European Council is the Head of Government of the presiding Member State. The European Council meets twice during each presidency or when needed. Other ministers can meet in the European Council to discuss general guide-lines within an area, without taking decisions.

§ 17 The European Commission

The European Commission defends the treaties of the Union and its common interests. The Commission takes initiative to new Community measures and new Community laws, supervises the implementation of these, controls the application of the Supreme Community Law, represents the Union in international organs and has those other duties prescribed in this constitution, the treaties and regulations of the Union. Together with the Member States, the Commission administrates and implements Community measures.

The European Commission consists of a President, two vice presidents and additional commissioners. The President of the Commission is elected by the citizens of the Union in general and direct elections every fifth year, the same day as the election of the Second Chamber in the Parliament. The other Commissioners are nominated by the Council and approved by the European Parliament. The vice President is elected by the President.

The political composition in the Commission must be proportional to the political composition in the Second Chamber of the European Parliament. The Commission is responsible to the European Parliament. Individual commissioners can also be dismissed by the President of the Commission. The Commission can dissolve the European Parliament and call for new elections.

All Member States appoint one Commissioner. If the number of Member States is more than twenty, the seats in the Commission are to rotate between the member states with full and substitute members.

The President of the Commission leads and organises the work of the Commission and divides the areas of responsibility between the other Commissioners in cooperation with the Council. One of the vice presidents of the Commission is responsible for international relations and is also High Representative for the Foreign Affairs and Common Security policy. Each commissioner represents the common interests of the Union.

The Commission has its seat in Brussels.

§ 18 The Court of Justice of the European Union

The European Union Court of Justice must guarantee that the Community Legislation is respected when rules, regulations and directives of the Union are applied. The Court shall also settle conflicts between the institutions of the Union, between Member States, between a Member State and the Union, between a Citizen of the Union and the Union. The Court shall decide how the Community Law should be interpreted.

The European Union Court of Justice is also the Constitutional Court of the Union. If a dispute on competencies arises between the Union and the Member States, the Court shall decide whether the competence in question shall be regarded as a competence of the Union or a competence of the Member States.

Every member State appoints a judge to the Court of Justice for a period of six years. The judges must be independent and impartial in carrying out their offices.

The Court of Justice has its seat in Luxembourg.

§ 19 The Court of Auditors

The Court of Auditors is an independent organ which shall audit the accounts and the administration of the European Union. The Court of Auditors must cooperate with national auditing authorities.

The Court of Auditors consists of one member from each Member State. They are appointed by the European Parliament for a period of six years. The members must be independent and impartial in carrying out their offices.

The European Court of Auditors has its seat in Luxembourg.

§ 20 The Committee of the Regions

The Committee of the Regions shall represent the interests of the European regions and the local units in relation to the Union. Its role is advisory.

The Committee of the Regions consists of representatives from regions, local organs and similar institutions which by their respective Member State are given the right to be represented in the Committee of the Regions. The representatives shall be democratically elected to the institutions they represent. The number of representatives cannot exceed 350.

The members are appointed for a period of four years on a proposal of the Member States and by an unanimous decision by the Council.
The Committee of the Regions has its seat in Brussels.

§ 21 The European Central Bank

The European Central Bank shall issue the euro, which is the currency of the Union, maintain its value and establish the monetary policy of the Union independently from other institutions and Member States. The European Central Bank shall also support the economic and financial politics of the Union and the Member States, on condition that this does not in a negative way influence the objective of maintaining the value of the euro.

The council of the European Central Bank is the highest constituting body and it establishes the monetary policy of the Union. It consists of the direction and the directors of the Central Banks of each Member State. The Direction consists of a President, a Vice-President and four other members. These four members are appointed for a period of eight years and are elected by the Member States on proposal by the European Council, the European Parliament and the council of the Central Bank. The role of the direction is to implement the monetary policy. The activities of the Council and the Direction is lead by the President of the Central Bank.

The forecasts and reports of the Central Bank are public and published regularly. The Central Bank must also inform the European Parliament about the monetary policy.

The European Central Bank has a legal personality. The European Central Bank has its seat in Frankfurt.

§ 22 The European Investment Bank

The European Investment Bank are to contribute to the financing of projects of importance to the Union and to the development of third countries by granting loans. The European Investment Bank shall not be run with the purpose of making profits.

The Council of the European Investment Bank consists of the Ministers of Finance from the Member States. The Council establishes the guide lines of the activities in the European Investment Bank and also has those duties prescribed in the charter of the Investment Bank. The governing board of the Investment Bank consists of 25 members appointed by the council of the Investment Bank. The role of the governing board is to approve and supervise the activities of the Investment bank. The Direction of the Investment Bank consists of a president and several vice-presidents who are appointed by the governing board. The role of the direction is to implement, control and prepare the activities of the Investment bank. The activities of the governing board and the direction is lead by the President of the Investment Bank.

The Investment Bank has a legal personality.

§ 23 The European Ombudsman

The Ombudsman shall safeguard the interests of the citizens of the European Union by taking and investigating complaints about negligence by the institutions of the Union towards a Citizen. The Ombudsman is nominated and elected by the European Parliament after each election to the Second Chamber. The Ombudsman must be independent in carrying out his office.

§ 24 The Intergovernmental Conference

The Intergovernmental Conference shall draw up the treaties of the Union and the alterations of the Treaties. The Intergovernmental Conference meets whenever the European Council decides so. The Intergovernmental Conference consists of representatives from the governments of the Member States. The second chamber of the European Parliament and the Commission are also represented in the Intergovernmental Conference.

§ 25 The Convention

The Convention is the forum preparing proposals to the Intergovernmental Conference. It meets to discuss proposals for alterations of the Treaties. The Convention consists of members from the European Parliament, the Commission, the parliaments and governments of the Member States, as well as representatives from those countries pursuing negotiations on Union membership.

The activities of the Convention are carried out in public. The Convention decides independently on how the dialogue with the citizens of the Union shall be conducted. The Convention appoints a presidium to conduct the work.

§ 26 Other Institutions and Authorities

The European Council and the European Parliament shall jointly decide whether the Union should establish other joint institutions and authorities needed to implement the politics of the European Union. Institutions and authorities must not infringe upon the competencies of the Member States.

§ 27 The Relations of the Union towards the National Parliaments

Every minister must ensure that the decisions and negotiation positions of the Council have the support of their respective national Parliament, in accordance with the traditions of each Member State.

The Conference of Community and European Affairs Committees (COSAC), which is the forum for the national parliaments and the European Parliament, must be kept informed about the activities in the European Parliament. Every member State have the right to send six delegates to the Conference.

Members of the national Governments can be invited to plenary sessions and Committees of the Second Chamber European Parliament.

The treaties come into force after being ratified by the Member States.