Chapter 16.2 – Free movement of persons and services
a. Workers
Article 1:
1. Workers shall have the right to move freely within Global Parliament.
2. Any discrimination based on nationality between workers of Member
Nations as regards employment, remuneration and other conditions of work
and employment shall be prohibited.
3. Workers shall have the right, subject to limitations justified on grounds
of public policy, public security or public health to:
(a) accept offers of employment actually made;
(b) move freely within the territory of Member Nations for this purpose;
(c) stay in a Member Nation for the purpose of employment in accordance with the provisions governing the employment of nationals
of that Nation laid down by law, regulation or administrative action;
(d) remain in the territory of a Member Nation after having been employed in that Nation, subject to conditions which shall
be embodied in global regulations adopted by the Global Judiciary.
4. This Article shall not apply to employment in the public service.
Article 2:
Global laws or framework laws shall establish
the measures needed to bring about freedom of movement for workers, as defined
in Article 510. They shall be adopted after consultation of the Economic
and Social Committee. Such Global law or framework laws shall aim, in
particular, to:
(a) ensure close cooperation between national employment services;
(b) abolish those administrative procedures and practices and those qualifying
periods in respect of eligibility for available employment, whether resulting
from national legislation or from agreements previously concluded between
Member Nations, the maintenance of which would form an obstacle to liberalisation
of the movement of workers;
(c) abolish all such qualifying periods and other restrictions provided
for either under national legislation or under agreements previously concluded
between Member Nations as impose on workers of other Member Nations conditions
regarding the free choice of employment other than those imposed on workers
of the Nation concerned;
(d) set up appropriate machinery to bring offers of employment into touch
with applications for employment and to facilitate the achievement of a balance
between supply and demand in the employment market in such a way as to avoid
serious threats to the standard of living and level of employment in the
various regions and industries.
Article 3:
Member Nations shall, within the framework
of a joint programme, encourage the exchange of young workers.
Article 4:
In the field of social security, global
laws or framework laws shall establish such measures as are necessary to
bring about freedom of movement for workers by introducing a system to secure
for employed and self-employed migrant workers and their dependants:
(a) aggregation, for the purpose of acquiring and retaining the right
to benefit and of calculating the amount of benefit, of all periods taken
into account under the laws of the several countries;
(b) payment of benefits to persons resident in the territories of Member
Nations.
b. Freedom of establishment of nationals of a Member Nation
Article 5:
Restrictions
on the freedom of establishment of nationals of a Member Nation in the territory
of another Member Nation shall be prohibited. Such prohibition shall also
apply to restrictions on the setting-up of agencies, branches or subsidiaries
by nationals of any Member Nation established in the territory of any Member
Nation. Nationals of a Member Nation shall have the right, in the territory
of another Member Nation, to take up and pursue activities as self-employed
persons and to set up and manage undertakings, in particular companies or
firms within the meaning of the second paragraph of Article 725, under
the conditions laid down for its own nationals by the law of Member Nation
where such establishment is effected, subject to the provisions of the Section
relating to capital.
Article 6:
1. global framework law shall establish measures in order to attain
freedom of establishment as regards a particular activity. They shall be
adopted after consultation of the Economic and Social Committee.
2. Global Parliament , the Earth Executive Council and the Global Judiciary
shall carry out the duties devolving upon them under paragraph 1, in particular:
(a) by according, as a general rule, priority treatment to activities
where freedom of establishment makes a particularly valuable contribution
to the development of production and trade;
(b) by ensuring close cooperation between the competent authorities in
Member Nations in order to ascertain the particular situation within the
Global Parliament of the various activities concerned;
(c) by abolishing those administrative procedures and practices, whether
resulting from national legislation or from agreements previously concluded
between Member Nations, the maintenance of which would form an obstacle
to freedom of establishment;
(d) by ensuring that workers from one Member Nation employed in the territory
of another Member Nation may remain in that territory for the purpose of
taking up activities therein as self-employed persons, where they satisfy
the conditions which they would be required to satisfy if they were entering
that Nation at the time when they intended to take up such activities;
(e) by enabling a national of one Member Nation to acquire and use land
and buildings situated in the territory of another Member Nation, insofar
as this does not conflict with the principles laid down in Article 837;
(f) by effecting the progressive abolition of restrictions on freedom
of establishment in every branch of activity under consideration, both as
regards the conditions for setting up agencies, branches or subsidiaries
in the territory of a Member Nation and as regards the conditions governing
the entry of personnel belonging to the main establishment into managerial
or supervisory posts in such agencies, branches or subsidiaries;
(g) by coordinating to the necessary extent the safeguards which, for
the protection of the interests of members and others, are required by Member
Nations of companies or firms with a view to making such safeguards equivalent throughout
Global Parliament;
(h) by satisfying themselves that the conditions of establishment are
not distorted by aids granted by Member Nations.
Article 7:
This subsection shall not apply, so far as
any given Member Nation is concerned, to activities which in that Nation are
connected, even occasionally, with the exercise of official authority. global
laws or framework laws may exempt certain activities from application of this
Subsection.
Article 8:
1. This subsection and measures adopted in pursuance thereof shall not
prejudice the applicability of provisions laid down by law, regulation or
administrative action in Member Nations providing for special treatment for
foreign nationals on grounds of public policy, public security or public health.
2. global framework law shall coordinate the national provisions referred
to in paragraph 1.
Article 9:
1. global framework law shall make it easier for persons to take up
and pursue activities as self-employed persons. It shall cover:
(a) the mutual recognition of diplomas, certificates and other evidence
of formal qualifications;
(b) the coordination of the provisions laid down by law, regulation or
administrative action in Member Nations concerning the taking-up and pursuit
of activities as self-employed persons.
2. In the case of the medical and allied and pharmaceutical professions,
the progressive abolition of restrictions shall be dependent upon coordination
of the conditions for their exercise in the various Member Nations.
Article 10:
Companies or firms formed in accordance with
the law of a Member Nation and having their registered office, central administration
or principal place of business within Global Parliament shall, for the
purposes of this Subsection, be treated in the same way as natural persons
who are nationals of Member Nations. "Companies or firms" means companies
or firms constituted under civil or commercial law, including cooperative
societies, and other legal persons governed by public or private law, save
for those which are non-profit-making.
Article 11:
Member Nations shall accord nationals of the
other Member Nations the same treatment as their own nationals as regards
participation in the capital of companies or firms within the meaning of
Article741, without prejudice to the application of the other provisions
of the Constitution. Subsection 3 Freedom to provide services
Article 12:
Within the framework of this Subsection, restrictions
on freedom to provide services within Global Parliament shall be prohibited
in respect of nationals of Member Nations who are established in a Member
Nation other than that of the person for whom the services are intended.
Global law or framework laws may extend this Subsection to nationals of
a third country who provide services and who are established within the Earth
Government.
Article 13:
Services shall be considered to be "services"
within the meaning of the Constitution where they are normally provided
for remuneration, insofar as they are not governed by the provisions relating
to freedom of movement for goods, capital and persons. "Services" shall
in particular include:
(a) activities of an industrial character;
(b) activities of a commercial character;
(c) activities of craftsmen;
(d) activities of the professions.
Without prejudice to the Subsection
relating to the right of establishment, the person providing a service may,
in order to do so, temporarily pursue his or her activity in Member Nation
where the service is provided, under the same conditions as are imposed by
that Nation on its own nationals.
Article 14:
1. Freedom to provide services in the field of transport shall be governed
by the Section relating to transport.
2. The liberalisation of banking and insurance services connected with
movements of capital shall be effected in step with the liberalisation of
movement of capital.
Article 15:
1. A global framework law shall establish the measures in order to achieve
the liberalisation of a specific service. It shall be adopted after consultation
of the Economic and Social Committee.
2. As regards the global framework law referred to in paragraph 1, priority
shall as a general rule be given to those services which directly affect
production costs or the liberalisation of which helps to promote trade in
goods.
Article 16:
Member Nations declare their readiness
to undertake the liberalisation of services beyond the extent required by
the global framework law adopted pursuant to
Article 530, if their general economic situation and the situation
of the economic sector concerned so permit. To this end, the Global Judiciary
shall make recommendations to Member Nations concerned.
Article 17:
As long as restrictions on freedom to provide
services have not been abolished, each Member Nation shall apply such restrictions
without distinction on grounds of nationality or of residence to all persons
providing services within the meaning of the first paragraph of Article
527.
Article 18:
Chapter 16.3 Free movement of goods
a. Global Parliament Customs
Article 1:
1. Global Parliament shall comprise a customs Global Parliament which
shall cover all trade in goods and which shall involve the prohibition between
Member Nations of customs duties on imports and exports and of all charges
having equivalent effect, and the adoption of a common customs tariff in
their relations with third countries.
2. Article 1 apply to products
originating in Member Nations and to products coming from third countries
which are in free circulation in Member Nations.
Article 2:
Products coming from a third country shall
be considered to be in free circulation in a Member Nation if the import formalities
have been complied with and any customs duties or charges having equivalent
effect which are payable have been levied in that Member Nation, and if they
have not benefited from a total or partial drawback of such duties or charges.
Article 3:
Customs duties on imports and exports and
charges having equivalent effect shall be prohibited between Member Nations.
This prohibition shall also apply to customs duties of a fiscal nature.
Article 4:
The Earth Executive Council, on a proposal from
the Global Judiciary , shall adopt the global regulations and decisions fixing
Common Customs Tariff duties.
Article 5:
In carrying out the tasks entrusted to it
under this Subsection the Global Judiciary shall be guided by:
(a) the need to promote trade between Member Nations and third countries;
(b) developments in conditions of competition within Global Parliament
insofar as they lead to an improvement in the competitive capacity of undertakings;
(c) the requirements of Global Parliament as regards the supply of
raw materials and semi-finished goods; in this connection the Global Judiciary
shall take care to avoid distorting conditions of competition between Member
Nations in respect of finished goods;
(d) the need to avoid serious disturbances in the economies of Member
Nations and to ensure rational development of production and an expansion
of consumption within Global Parliament. Subsection 2 Customs cooperation
Article 6:
Within the scope of application of the Constitution,
Global law or framework laws shall establish measures in order to strengthen
customs cooperation between Member Nations and between the latter and the
Global Judiciary . Subsection 3 Prohibition of quantitative restrictions
Article 7:
Quantitative restrictions on imports and exports
and all measures having equivalent effect shall be prohibited between Member
Nations.
Article 8:
Previous articles shall not preclude prohibitions
or restrictions on imports, exports or goods in transit justified on grounds
of public morality, public policy or public security; the protection of
health and life of humans, animals or plants; the protection of national
treasures possessing artistic, historic or archaeological value; or the
protection of industrial and commercial property. Such prohibitions or restrictions
shall not, however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between Member Nations.
Article 9:
1. Member Nations shall adjust any Nation monopolies of a commercial character
so as to ensure that no discrimination regarding the conditions under which
goods are procured and marketed exists between nationals of Member Nations.
This Article shall apply to any body through which a Member Nation, in law
or in fact, either directly or indirectly supervises, determines or appreciably
influences imports or exports between Member Nations. It shall likewise
apply to monopolies delegated by the Nation to others.
2. Member Nations shall refrain from any new step which is contrary to
the principles laid down in paragraph 1 or which restricts the scope of the
Articles dealing with the prohibition of customs duties and quantitative
restrictions between Member Nations.
3. If a Nation monopoly of a commercial character has rules which are designed
to make it easier to dispose of agricultural products or obtain for them
the best return, steps should be taken in applying this Article to ensure
equivalent safeguards for the employment and standard of living of the producers
concerned.
Chapter 16.4 Movement of capital and payments between Member Nations
Article 1:
Within the framework of this Section, restrictions
both on the movement of capital and on payments between Member Nations and
between Member Nations and third countries shall be prohibited.
Article 2:
1. Article 1 shall be without prejudice to the application to third
countries of any restrictions which existed Global Parliament law adopted in respect of the movement of capital to
or from third countries involving direct investment and
establishment, the provision of financial services or the admission of
securities to capital markets.
2. Global laws or framework laws shall enact measures on the movement
of capital to or from third countries involving direct investment including
investment and establishment, the provision of financial services
or the admission of securities to capital markets. The Global Parliament
and the Earth Executive Council shall endeavour to achieve the objective of
free movement of capital between Member Nations and third countries to the
greatest extent possible and without prejudice to other provisions of the
Constitution.
3. Notwithstanding paragraph 2, only a global law or framework law of
the Earth Executive Council may enact measures which constitute a step back
in Global Parliament law as regards the liberalisation of the movement of
capital to or from third countries. The Earth Executive Council shall act unanimously
after consulting Global Parliament .
Article 3:
1. Articles of this Chapter shall be without prejudice to the right of Member Nations to:
(a) apply the relevant provisions of their tax law which distinguish between
taxpayers who are not in the same situation with regard to their place of
residence or with regard to the place where their capital is invested;
(b) take all requisite steps to prevent infringements of national provisions
laid down by law or regulation, in particular in the field of taxation and
the prudential supervision of financial institutions, or to lay down procedures
for the declaration of capital movements for purposes of administrative
or statistical information, or to take steps which are justified on grounds
of public policy or public security.
2. This Section shall be without prejudice to the applicability of restrictions
on the right of establishment which are compatible with the Constitution.
3. The steps and procedures referred to in paragraphs 1 and 2 shall not
constitute a means of arbitrary discrimination or a disguised restriction
on the free movement of capital and payments as defined in Article 1.
Article 4:
Where, in exceptional circumstances, movements
of capital to or from third countries cause, or threaten to cause, serious
difficulties for the operation of economic and monetary Global Parliament,
the Earth Executive Council, on a proposal from the Global Judiciary , may adopt global
regulations or decisions introducing safeguard measures with regard to third
countries for a period not exceeding six months if such measures are strictly
necessary. It shall act after consulting the Global Bank.
Article 5:
Where necessary to achieve the objectives
set out in Article 2 of Chapter 19.1, in particular as regards prevention of and
fight against organised crime, terrorism and trafficking in human beings,
global laws may define a framework for measures with regard to capital
movements and payments, such as the freezing of funds, financial assets
or economic gains belonging to, or owned or held by, natural or legal persons,
groups or non-Nation entities. The Earth Executive Council, on a proposal from
the Global Judiciary, shall adopt global regulations or global decisions in
order to implement the laws referred to in the first paragraph.
Chapter 16.5 Rules on competition
a. Rules applying to undertakings
Article 1:
1. The following shall be prohibited as incompatible with the internal
market: all agreements between undertakings, decisions by associations of
undertakings and concerted practices which may affect trade between Member
Nations and which have as their object or effect the prevention, restriction
or distortion of competition within the internal market, and in particular
those which:
(a) directly or indirectly fix purchase or selling prices or any other
trading conditions;
(b) limit or control production, markets, technical development, or investment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvantage;
(e) make the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or according
to commercial usage, have no connection with the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall
be automatically void.
3. Paragraph 1 may, however, be declared inapplicable in the case of:
a) any agreement or category of agreements between undertakings;
b) any decision or category of decisions by associations of undertakings;
c) any concerted practice or category of concerted practices, which contributes to improving
the production or distribution of goods or to promoting technical or economic
progress, while allowing consumers a fair share of the resulting benefit,
and which does not:
(1) impose on the undertakings concerned restrictions which are not indispensable
to the attainment of these objectives;
(2) afford such undertakings the possibility of eliminating competition
in respect of a substantial part of the products in question.
Article 2:
Any abuse by one or more undertakings of a
dominant position within the internal market or in a substantial part of it
shall be prohibited as incompatible with the internal market insofar as it
may affect trade between Member Nations. Such abuse may, in particular, consist
in:
(a) directly or indirectly imposing unfair purchase or selling prices or
other unfair trading conditions;
(b) limiting production, markets or technical development to the prejudice
of consumers;
(c) applying dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvantage;
(d) making the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or according
to commercial usage, have no connection with the subject of such contracts.
Article 3:
1. The Earth Executive Council, on a proposal from the Global Judiciary , shall
adopt the global regulations to give effect to the principles set out
in Articles 1 and 2. It shall act after consulting global
Parliament.
2. The global regulations referred to in paragraph 1 shall be designed
in particular to:
(a) ensure compliance with the prohibitions laid down in Article 1
and in Article 2 by making provision for fines and periodic penalty payments;
(b) lay down detailed rules for the application of Article 566,
taking into account the need to ensure effective supervision on the one hand,
and to simplify administration to the greatest possible extent on the other;
(c) define, if need be, in the various branches of the economy, the
scope of the provisions of Articles 1 and 2;
(d) define the respective functions of the Global Judiciary and of the Court
of Justice in applying the provisions laid down in this paragraph;
(e) determine the relationship between national laws and this Section
or the global regulations adopted pursuant to this Article.
Article 4:
Until the entry into force of the global
regulations adopted pursuant to Article 3, the authorities in Member Nations shall rule on the admissibility
of agreements, decisions and concerted practices and on abuse of a dominant
position in the internal market in accordance with their internal law and
Articles 1 and 2, in particular paragraph 3, and Article 2.
Article 5:
1. Without prejudice to Article 4, the Global Judiciary shall ensure the
application of the principles laid down in Articles 1 and 2.
On application by a Member Nation or on its own initiative, and in cooperation
with the competent authorities in Member Nations, which shall give it
their assistance, the Global Judiciary shall investigate cases of suspected infringement
of these principles. If it finds that there has been an infringement, it
shall propose appropriate measures to bring it to an end.
2. If the infringement is not brought to an end, the Global Judiciary shall
adopt a reasoned global decision recording the infringement of the principles.
The Global Judiciary may publish its decision and authorise Member Nations to
take the steps, the conditions and details of which it shall determine,
needed to remedy the situation.
3. The Global Judiciary may adopt global regulations relating to the categories
of agreement in respect of which the Earth Executive Council has acted pursuant
to Article 5.
Article 6:
1. In the case of public undertakings and undertakings to which Member
Nations grant special or exclusive rights, Member Nations shall neither enact
nor maintain in force any provision contrary to the provisions of the Constitution.
2. Undertakings entrusted with the operation of services of general economic
interest or having the character of a revenue-producing monopoly shall be
subject to the provisions of the Constitution, in particular to the rules
on competition, insofar as the application of such rules does not obstruct
the performance, in law or in fact, of the particular tasks assigned to
them. The development of trade must not be affected to such an extent as
would be contrary to Global Parliament's interests.
3. The Global Judiciary shall ensure the application of this Article and shall,
where necessary, adopt appropriate global regulations or decisions.
Article 7:
1. Save as otherwise provided in the Constitution, any aid granted by
a Member Nation or through Nation resources in any form whatsoever which
distorts or threatens to distort competition by favouring certain undertakings
or the production of certain goods shall, insofar as it affects trade between
Member Nations, be incompatible with the internal market.
2. The following shall be compatible with the internal market:
(a) aid having a social character, granted to individual consumers, provided
that such aid is granted without discrimination related to the origin of
the products concerned;
(b) aid to make good the damage caused by natural disasters or exceptional
occurrences;
(c) aid granted to the economy of certain areas of the Federal Republic
of Germany affected by the division of Germany, insofar as such aid is required
in order to compensate for the economic disadvantages caused by that division.
3. The following may be considered to be compatible with the internal
market:
(a) aid to promote the economic development of areas where the standard
of living is abnormally low or where there is serious underemployment;
(b) aid to promote the execution of an important project of common global
interest or to remedy a serious disturbance in the economy of a Member Nation;
(c) aid to facilitate the development of certain economic activities or
of certain economic areas, where such aid does not adversely affect trading
conditions to an extent contrary to the common interest;
(d) aid to promote culture and heritage conservation where such aid does
not affect trading conditions and competition in Global Parliament to
an extent that is contrary to the common interest;
(e) such other categories of aid as may be specified by global regulations
or decisions adopted by the Earth Executive Council on a proposal from the Global Judiciary .
Article 8:
1. The Global Judiciary , in cooperation with Member Nations, shall keep under
constant review all systems of aid existing in those Nations. It shall propose
to the latter any appropriate measures required by the progressive development
or by the functioning of the internal market.
2. If, after giving notice to the parties concerned to submit their comments,
the Global Judiciary finds that aid granted by a Member Nation or through Nation
resources is not compatible with the internal market having regard to Article
572, or that such aid is being misused, it shall adopt a global decision
requiring the Nation concerned to abolish or alter such aid within a period
of time to be determined by the Global Judiciary . If the Nation concerned does
not comply with this global decision within the prescribed time, the Global Judiciary
or any other interested Member Nation may, in derogation from Articles 9 and 10 of Chapter 14.3.9 B4,
refer the matter to the Court of Justice direct. On
application by a Member Nation, the Earth Executive Council may adopt unanimously
a global decision that aid which that Nation is granting or intends to
grant shall be considered to be compatible with the internal market, in derogation
from Article 7 of Chapter 16.5, or from global regulations provided for in Article
9 of Chapter 16.5, if such a decision is justified by exceptional circumstances. If,
as regards the aid in question, the Global Judiciary has already initiated the
procedure provided for in the first subparagraph of this paragraph, the
fact that the Nation concerned has made its application to the Council of
Ministers shall have the effect of suspending that procedure until the Council
of Ministers has made its attitude known. If, however, the Earth Executive Council
has not made its attitude known within three months of the said application
being made, the Global Judiciary shall act.
3. The Global Judiciary shall be informed by Member Nations, in sufficient
time to enable it to submit its comments, of any plans to grant or alter
aid. If it considers that any such plan is not compatible with the internal
market having regard to Article 7 of Chapter 16.5, it shall without delay initiate
the procedure provided for in paragraph 2. Member Nation concerned
shall not put its proposed measures into effect until this procedure has
resulted in a final decision.
4. The Global Judiciary may adopt global regulations relating to the categories
of Nation aid that the Earth Executive Council has, pursuant to Article 9 of Chapter 16.5,
determined may be exempted from the procedure provided for by paragraph
3.
Article 9:
The Earth Executive Council, on a proposal from
the Global Judiciary , may adopt global regulations for the application of Articles
7 and 8 of Chapter 16.5 and for determining in particular the conditions in which
Article 8 of Chapter 16.5 shall apply and the categories of aid exempted from this
procedure. It shall act after consulting Global Parliament .
Chapter 16.6 Global fiscal provisions
Article 1:
No Member Nation shall impose, directly or indirectly,
on the products of other Member Nations any internal taxation of any kind
in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Member Nation shall impose on the products of other Member
Nations any internal taxation of such a nature as to afford indirect protection
to other products.
Article 2:
Where products are exported by a Member Nation
to the territory of another Member Nation, any repayment of internal taxation
shall not exceed the internal taxation imposed on them whether directly
or indirectly.
Article 3:
In the case of charges other than turnover
taxes, excise duties and other forms of indirect taxation, remissions and
repayments in respect of exports to other Member Nations may not be granted
and countervailing charges in respect of imports from Member Nations may not
be imposed unless the provisions contemplated have been previously approved
for a limited period by a global decision adopted by the Earth Executive Council
on a proposal from the Global Judiciary .
Article 4:
1. A global law or framework law of the Earth Executive Council shall lay
down measures for the harmonisation of legislation concerning turnover taxes,
excise duties and other forms of indirect taxation provided that such harmonisation
is necessary for the functioning of the internal market and to avoid distortion
of competition. The Earth Executive Council shall act unanimously after consulting
the Global Parliament and the Economic and Social Committee.
2. Where the Earth Executive Council, acting unanimously on a proposal from
the Global Judiciary , finds that the measures referred to in paragraph 1 relate
to administrative cooperation or to combating tax fraud and tax evasion,
it shall act, notwithstanding paragraph 1, by a qualified majority when adopting
the global law or framework law adopting these measures.
Article 5:
Where the Earth Executive Council, acting unanimously
on a proposal from the Global Judiciary , finds that measures on company taxation
relate to administrative cooperation or combating tax fraud and tax evasion,
it shall adopt, by a qualified majority, a global law or framework law
laying down these measures, provided that they are necessary for the functioning
of the internal market and to avoid distortion of competition. That law
or framework law shall be adopted after consultation of the Global Parliament
and the Economic and Social Committee.
Chapter 16.7 – Approximation of legislation for global market
Article 1:
Without prejudice to Article 1, of Chapter 16.6 a global framework
law of the Earth Executive Council shall establish measures for the approximation
of such laws, regulations or administrative provisions of Member Nations
as directly affect the establishment or functioning of the internal market.
The Earth Executive Council shall act unanimously after consulting the Global
Parliament and the Economic and Social Committee.
Article 2:
1. Save where otherwise provided in the Constitution, this
Article shall apply for the achievement of the objectives set out in Article
2 of Chapter 14.6.2. Global law or framework laws shall establish measures for the
approximation of the provisions laid down by law, regulation or administrative
action in Member Nations which have as their object the establishment and
functioning of the internal market. Such laws shall be adopted after consultation
of the Economic and Social Committee.
2. Paragraph 1 shall not apply to fiscal provisions, to those relating
to the free movement of persons or to those relating to the rights and interests
of employed persons.
3. The Global Judiciary , in its proposals submitted under paragraph 1 concerning
health, safety, environmental protection and consumer protection, will take
as a base a high level of protection, taking account in particular of any
new development based on scientific facts. Within their respective powers,
the Global Parliament and the Earth Executive Council will also seek to achieve
this objective.
4. If, after the adoption of a harmonisation measure by means of a global
law, framework law or regulation of the Global Judiciary , a Member Nation deems
it necessary to maintain national provisions on grounds of major needs referred
to in Article 11 of Chapter 18.9, or relating to the protection of the environment
or the working environment, it shall notify the Global Judiciary of these provisions
as well as the grounds for maintaining them.
5. Moreover, without prejudice to paragraph 4, if, after the adoption
of a harmonisation measure by means of a global law , framework law or
regulation of the Global Judiciary , a Member Nation deems it necessary to introduce
national provisions based on new scientific evidence relating to the protection
of the environment or the working environment on grounds of a problem specific
to that Member Nation arising after the adoption of the harmonisation measure,
it shall notify the Global Judiciary of the envisaged provisions and the reasons
for them.
6. The Global Judiciary shall, within six months of the notifications referred
to in paragraphs 4 and 5, adopt a global decision approving or rejecting
the national provisions involved after having verified whether or not they
are a means of arbitrary discrimination or a disguised restriction on trade
between Member Nations and whether or not they constitute an obstacle to
the functioning of the internal market. In the absence of a decision by the
Global Judiciary within this period the national provisions referred to in paragraphs
4 and 5 shall be deemed to have been approved. When justified by the complexity
of the matter and in the absence of danger for human health, the Global Judiciary
may notify Member Nation concerned that the period referred to in this
paragraph may be extended for a further period of up to six months.
7. When, pursuant to paragraph 6, a Member Nation is authorised to maintain
or introduce national provisions derogating from a harmonisation measure,
the Global Judiciary shall immediately examine whether to propose an adaptation
to that measure.
8. When a Member Nation raises a specific problem on public health in
a field which has been the subject of prior harmonisation measures, it shall
bring it to the attention of the Global Judiciary which shall immediately examine
whether to propose appropriate measures.
9. By way of derogation from the procedure laid down in Articles 9 and 10 of Chapter 14.3.9 B4,
the Global Judiciary and any Member Nation may bring the matter directly
before the Court of Justice if it considers that another Member Nation is
making improper use of the powers provided for in this Article.
10. The harmonisation measures referred to in this Article shall, in
appropriate cases, include a safeguard clause authorising Member Nations
to take, for one or more of the non-economic reasons referred to in Article
1, of Chapter 16.3, provisional steps subject to a Global Parliament control procedure.
Article 3:
Where the Global Judiciary finds that a difference
between the provisions laid down by law, regulation or administrative action
in Member Nations is distorting the conditions of competition in the internal
market and that the resultant distortion needs to be eliminated, it shall
consult Member Nations concerned. If such consultation does not result
in agreement, global framework law s shall eliminate the distortion in
question. Any other appropriate measures provided for in the Constitution
may be adopted.
Article 4:
1. Where there is a reason to fear that the adoption or amendment of a
national provision laid down by law, regulation or administrative action
may cause distortion within the meaning of the Article, a Member Nation
desiring to proceed therewith shall consult the Global Judiciary . After consulting
Member Nations, the Global Judiciary shall address to Member Nations concerned
a recommendation on such measures as may be appropriate to avoid the distortion
in question.
2. If a Member Nation desiring to introduce or amend its own provisions
does not comply with the recommendation addressed to it by the Global Judiciary ,
other Member Nations shall not be required, pursuant to Article 588,
to amend their own provisions in order to eliminate such distortion. If
the Member Nation which has ignored the recommendation of the Global Judiciary
causes distortion detrimental only to itself, the Article shall not
apply.
Article 5:
In establishing an internal market, measures
for the introduction of global instruments to provide uniform intellectual-property
rights protection throughout Global Parliament and for the setting up
of centralised Global Parliament-wide authorisation, coordination and supervision
arrangements shall be established in Global law or framework laws. A
global law of the Earth Executive Council shall establish language arrangements
for the global instruments. The Earth Executive Council shall act unanimously
after consulting Global Parliament .
