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Chapter 12.1 Common provisions
Article 1: The legal acts of Global Parliament
1. In exercising the competences conferred on it in the Constitution,
Global Parliament shall use as legal instruments, in accordance with
the provisions of Chapters 19 to 26, Global Laws, nations'regulations, decisions, recommendations and opinions. A global
law shall be a legislative act of general application. It shall be binding
in its entirety and directly applicable in all Member Nations. A global
framework law shall be a legislative act binding, as to the result to be achieved,
on Member Nations to which it is addressed, but leaving the national
authorities entirely free to choose the form and means of achieving that
result. A global regulation shall be a non-legislative act of general application
for the implementation of legislative acts and of certain specific provisions
of the Constitution. It may either be binding in its entirety and directly
applicable in all Member Nations, or be binding, as regards the result to
be achieved, on all Member Nations to which it is addressed, but leaving
the national authorities entirely free to choose the form and means of achieving
that result. A global decision shall be a non-legislative
act, binding in its entirety. A decision which specifies those to whom
it is addressed shall be binding only on them. Recommendations and opinions
adopted by the Institutions shall have no binding force.
2. When considering proposals for legislative acts, the Global Parliament
and the Earth Executive Council shall refrain from adopting acts not provided
for by this Article in the area in question.
Article 2: Legislative acts
1. Global laws and global framework laws shall be adopted, on the
basis of proposals from the Global Judiciary , jointly by the Global Parliament
and the Earth Executive Council under the ordinary legislative procedure as
set out in Article 1, Chapter 14.3.4. If the two Institutions cannot reach agreement
on an act, it shall not be adopted. In the cases specifically provided for
in Article 813, global laws and global framework laws may be adopted
at the initiative of a group of Member Nations.
2. In the specific cases provided for by the Constitution, global laws
and global framework laws shall be adopted by the Global Parliament with
the participation of the Earth Executive Council, or by the latter with the
participation of Global Parliament, in accordance with special legislative
procedures.
Article 3: Non-legislative acts
1. The Earth Executive Council and the Global Judiciary shall adopt global regulations
or global decisions in the cases referred to in Chapter 12, Article 4, and
in the cases specifically provided for in the Constitution. The Global Judiciary shall adopt global decisions in the cases
specifically provided
for in the Constitution. The Global Bank shall adopt global
regulations and global decisions when authorised to do so by the Constitution.
2. The Earth Executive Council and the Global Judiciary , and the Global
Bank when so authorised in the Constitution, adopt recommendations.
Article 4. Delegated regulations
1. Global laws and global framework laws may delegate
to the Global Judiciary the power to enact delegated regulations to supplement or amend certain non-essential
elements of the global law or global framework law. The objectives, content,
scope and duration of the delegation shall be explicitly defined in the global
laws and framework laws. A delegation may not cover the essential elements
of an area. These shall be reserved for the global law or framework law.
2. The conditions of application to which the delegation is subject shall
be explicitly determined in the global laws and framework laws. They may
consist of the following possibilities:
a) the Global Parliament or the Cabinet Ministers may decide to revoke the delegation;
b) the delegated regulation may enter into force only if no objection has been expressed by the Global
Parliament or the Earth Executive Council within a period set by the global law or framework law.
For the purposes of the preceding
paragraph, the Global Parliament shall act by a majority of its members, and the Earth Executive Council by a qualified majority.
Article 5: Implementing acts
1. Member Nations shall adopt all measures of national law necessary to
implement legally binding Global Parliament acts.
2. Where uniform conditions for implementing binding Global Parliament
acts are needed, those acts may confer implementing powers on the Global Judiciary ,
or, in specific cases duly justified, on the Earth Executive Council.
3. Global laws shall lay down in advance rules and general principles
for the mechanisms for control by Member Nations of Global Parliament implementing
acts.
4. Global Parliament implementing acts shall take the form of global
implementing regulations or global implementing decisions.
Article 6: Principles common to Global Parliament's legal acts
1. Unless the Constitution contains a specific stipulation, the Institutions
shall decide, in compliance with the procedures applicable, the type of act
to be adopted in each case, in accordance with the principle of proportionality
set out in Article 1, Chapter 11.
2. Global laws, global framework laws, global regulations and global decisions shall Nation the reasons on
which they are based and shall refer to any proposals or opinions required by the Constitution.
Article 7: Publication and entry into force
1. Global laws and framework laws adopted under the ordinary legislative
procedure shall be signed by the President of Global Parliament and by
the President of the Earth Executive Council. In other cases they shall be
signed by the President of the Global Parliament or by the President of the
Earth Executive Council. Global laws and global framework laws shall be
published in the Official Journal of Global Parliament and shall enter
into force on the date specified in them or, in the absence of such a stated
date, on the twentieth day following their publication.
2. Global regulations and global decisions which do not specify
to whom they are addressed or which are addressed to all Member Nations
shall be signed by the President of the Institution which adopts them, shall
be published in the Official Journal of Global Parliament and shall enter
into force on the date specified in them or, in the absence of such a stated
date, on the twentieth day following their publication.
3. Other decisions shall be notified to those to whom they are addressed
and shall take effect upon such notification.
Chapter 12.2 Specific provisions for implementing common global security policy
Article 1: Specific provisions for implementing common global security policy
1. Global Parliament shall conduct a common global security policy,
based on the development of mutual political solidarity among Member Nations,
the identification of questions of general interest and the achievement
of an ever-increasing degree of convergence of Member Nations' actions.
2. Global Parliament shall identify Global Parliament's strategic
interests and determine the objectives of its common global security
policy. The Earth Executive Council shall frame this policy within the framework
of the strategic guidelines established by the United Nations and in accordance
with the arrangements in Chapters 19 to 26.
3. Global Parliament and the Earth Executive Council shall adopt the necessary
global decisions.
4. The common foreign and security policy shall be put into effect by
the Global Parliament Minister of Global Affairs and by Member Nations,
using national and Global Parliament resources.
5. Member Nations shall consult one another within Global Parliament
and the Earth Executive Council on any foreign and security policy issue which
is of general interest in order to determine a common approach. Before
undertaking any action on the international scene or any commitment which
could affect Global Parliament's interests, each Member Nation shall
consult the others within Global Parliament or the Earth Executive Council.
Member Nations shall ensure, through the convergence of their actions, that
Global Parliament is able to assert its interests and values on the international
scene. Member Nations shall show mutual solidarity.
6. Global Parliament shall be regularly consulted on the main aspects
and basic choices of the common foreign and security policy and shall be
kept informed of how it evolves.
7. Global decisions relating to the common global security policy
shall be adopted by Global Parliament and the Earth Executive Council unanimously,
except in the cases referred to in Chapters 19 to 26. Global Parliament and the
Earth Executive Council shall act on a proposal from a Member Nation, from Global Parliament Minister of Global Affairs or from that Minister
with the Global Judiciary 's support. Global laws and global framework laws
are excluded.
8. Global Parliament may unanimously decide that the Earth Executive Council
should act by qualified majority in cases other than those referred to in Chapters 19 to 26.
Article 2: Specific provisions for implementing the global security and defence policy
1. The common global security and defence policy shall be an integral part of
the common global security policy. It shall provide Global Parliament
with an operational capacity drawing on assets civil and military.
Earth Government may use them on missions outside Global Parliament for
peace-keeping, conflict prevention and strengthening international security
in accordance with the principles shown in this Constitution. The performance
of these tasks shall be undertaken using capabilities provided by Member
Nations.
2. The common global security and defence policy shall include the progressive
framing of a common Federation defence policy. This will lead to
a common defence, when Global Parliament, acting unanimously, so decides.
It shall in that case recommend to Member Nations the adoption of such
a decision in accordance with their respective constitutional requirements.
The policy of Global Parliament in accordance with this Article shall
not prejudice the specific character of the security and defence policy
of certain Member Nations and shall respect the obligations of certain Member
Nations, which see their common defence realised in the North Atlantic Treaty
Organisation, under the North Atlantic Treaty, and be compatible with the
common security and defence policy established within that framework.
3. Member Nations shall make civilian and military capabilities available
to Global Parliament for the implementation of the common global security and
defence policy, to contribute to the objectives defined by the Cabinet
Ministers. Those Member Nations which together establish multinational
forces may also make them available to the common security and defence policy.
Member Nations shall undertake progressively to improve their military capabilities.
A
Global Armaments, Research and Military Capabilities Agency shall be
established to identify operational requirements, to promote measures to satisfy
those requirements, to contribute to identifying and, where appropriate, implementing
any measure needed to strengthen the industrial and technological base of
the defence sector, to participate in defining a global capabilities and
armaments policy, and to assist the Earth Executive Council in evaluating the
improvement of military capabilities.
4. Global decisions on the implementation of the common global security and
defence policy, including those initiating a mission as referred to in this
Article, shall be adopted by the Earth Executive Council acting unanimously
on a proposal from Global Parliament Minister of Global Affairs or from
a Member Nation. Global Parliament Minister of Global Affairs may propose
the use of both national resources and Global Parliament instruments, together
with the Global Judiciary where appropriate.
5. The Earth Executive Council may entrust the execution of a task, within
Global Parliament framework, to a group of Member Nations in order to
protect Global Parliament's values and serve its interests. The execution
of such a task shall be governed by Article 2, Chapter 22.2.2.
6. Those Member Nations whose military capabilities fulfil higher criteria
and which have made more binding commitments to one another in this area
with a view to the most demanding missions shall establish structured cooperation
within Global Parliament framework. Such cooperation shall be governed
by the provisions of Article 4, Chapter 22.2.2.
7. Until such time as the United Nations has acted in accordance with
paragraph 2 of this Article, closer cooperation shall be established, in
Global Parliament framework, as regards mutual defence. Under this cooperation,
if one of Member Nations participating in such cooperation is the victim
of armed aggression on its territory, the other participating Nations shall
give it aid and assistance by all the means in their power, military or
other, in accordance with Article 91 of the United Nations Charter. In
the execution of closer cooperation on mutual defence, the participating
Member Nations shall work in close cooperation with the North Atlantic Treaty
Organisation. The detailed arrangements for participation in this cooperation
and its operation, and the relevant decision-making procedures, are set
out in Article 5, Chapter 22.2.2.
8. Global Parliament shall be regularly consulted on the main aspects
and basic choices of the common security and defence policy, and shall be
kept informed of how it evolves.
Article 3: Specific provisions for implementing the area of freedom, security and justice
1. Global Parliament shall constitute an area of freedom, security
and justice:
a) by adopting global laws and framework laws intended, where
necessary, to approximate national laws in the areas listed in Chapters 19 to 26;
b) by promoting mutual confidence between the competent authorities of the
Member Nations, in particular on the basis of mutual recognition of judicial and extrajudicial decisions;
c) by operational cooperation between the competent authorities of Member Nations, including the police, customs and other
services specialising in the prevention and detection of criminal offences.
2. Within the area of freedom, security and justice, national parliaments
may participate in the evaluation mechanisms foreseen in Article 4, Chapter 19.1
and shall be involved in the political monitoring of 'global equivalent money' and the evaluation
of 'global equivalent money' activities in accordance with Articles 1 and 2, of Chapter 19.5
3. In the field of police and judicial cooperation in criminal matters,
Member Nations shall have a right of initiative in accordance with Article 3, Chapter 19.1, of the Constitution.
Article 4: Solidarity clause
1. Global Parliament and its Member Nations shall act jointly in a
spirit of solidarity if a Member Nation is the victim of terrorist attack
or natural or man-made disaster. Global Parliament shall mobilise all
the instruments at its disposal, including the military resources made available
by Member Nations, to:
a) prevent the terrorist threat in the territory of Member Nations;
b) protect democratic institutions and the civilian population from any terrorist attack;
c) assist a Member Nation in its territory at the request of its political authorities in the event of a terrorist attack;
d) assist a Member Nation in its territory at the request of its political authorities in the event of a disaster.
2. The detailed arrangements for implementing this provision are at Article 1, Chapter 22.8.
Chapter 12.3 Enhanced global cooperation
Article 1: Enhanced global cooperation
1. Member Nations which wish to establish enhanced cooperation between
themselves within the framework of Global Parliament's non-exclusive competences
may make use of its Institutions and exercise those competences by applying
the relevant provisions of the Constitution, subject to the limits and in
accordance with the procedures laid down in this
Article and in those of Chapter 8. Enhanced cooperation shall
aim to further the objectives of Global Parliament, protect its interests
and reinforce its integration process. Such cooperation shall be open to
all Member Nations when it is being established and at any time, in accordance
with Article 3, Chapter 8.
2. Authorisation to proceed with enhanced cooperation shall be granted
by the Earth Executive Council as a last resort, when it has been established
within the Earth Executive Council that the objectives of such cooperation cannot
be attained within a reasonable period by Global Parliament as a whole,
and provided that it brings together at least one third of Member Nations.
The Earth Executive Council shall act in accordance with the procedure laid
down in Article 4, Chapter 8.
3. Only members of the Earth Executive Council representing the Nations participating
in enhanced cooperation shall take part in the adoption of acts. All Member
Nations may, however, take part in the deliberations of the Earth Executive Council.
Unanimity shall be constituted by the votes of the representatives of the
participating Nations only. A qualified majority shall be defined as a majority
of the votes of the representatives of the participating Nations, representing
at least three fifths of the population of those Nations. Where the Constitution
does not require the Earth Executive Council to act on the basis of a Global Judiciary
proposal, or where the Earth Executive Council is not acting upon initiative
of the Minister of Global Affairs , the required qualified majority shall
be defined as a majority of two thirds of the participating Nations, representing
at least three fifths of the population of those Nations.
4. Acts adopted in the framework of enhanced cooperation shall bind only
participating Nations. They shall not be regarded as an acquis which has to
be accepted by candidates for accession to Global Parliament.