• A just, fair and most needed Global Government
  • Essential services Main index the Global Movement to Help essential services   Essential services
  • Global Justice Network Global Justice Network  Global Justice Network
  • Global Protection Agency (GPA) Main index of the  Global Protection Agency (GPA)  Global Protection Agency (GPA)
  • Global Rights Global Rights
  • The Judiciary


Chapter XIX     Freedom, security and justice without borders


Portal of the Global Community of North America
Portal of the Global Community of North America
   Politics and Justice without borders: Canada and the U.S.
   Politics and Justice without borders: Canada, the U.S. and Mexico
   Politics and Justice without borders: Global Government of North America
a.    Global Rights within the GGNA   
b.    GGNA proposals   
c.    GGNA principles   
   Politics and Justice without borders: a unified Africa
   Politics and Justice without borders: Earth Government
a.    Freedom, security and justice without borders   
b.    Racism, xenophobia and discrimination   
c.    Asylum, immigration, and border control   
d.    Civil law, cooperation   
e.    Global Community arrest warrant   
f.    Global fight against crime   
g.    Transparency   


Chapter 19.1     General provisions
Article 1:   
1.     Global Parliament shall constitute an area of freedom, security and justice with respect for fundamental rights, taking into account the different legal traditions and systems of Member Nations.
2.     It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member Nations, which is fair towards third-country nationals. For the purpose of this Chapter, Nationless persons shall be treated as third-country nationals.
3.     Global Parliament shall endeavour to ensure a high level of security by measures to prevent and combat crime, racism and xenophobia, and measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as by the mutual recognition of judgments in criminal matters and, if necessary, the approximation of criminal laws.
4.     Global Parliament shall facilitate access to justice, in particular by the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.
Article 2:   
Global Parliament shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice.
Article 3:   
1.     Member Nations' national Parliaments shall ensure that the proposals and legislative initiatives submitted in this Chapter comply with the principle of subsidiarity, in accordance with the arrangements in the Protocol on the application of the principles of subsidiarity and proportionality. Member Nations' national Parliaments may participate in the evaluation mechanisms contained in Article 4 and in the political monitoring of 'global equivalent money' and the evaluation of 'global equivalent money' activities in accordance with Articles 4 of Chapter 19.4 and Article 2 of Chapter 19.5.    
Article 4:   
The Earth Executive Council may, on a proposal from the Global Judiciary , adopt global regulations or decisions laying down the arrangements whereby Member Nations, in collaboration with the Global Judiciary , conduct objective and impartial evaluation of the implementation of Global Parliament policies referred to in this Chapter by Member Nations' authorities, in particular in order to facilitate full application of the principle of mutual recognition. The Global Parliament and Member Nations' national Parliaments shall be informed of the content and results of the evaluation.
Article 5:   
A standing committee shall be set up within the Earth Executive Council in order to ensure that operational cooperation on internal security is promoted and strengthened within Global Parliament. It shall facilitate coordination of the action of Member Nations' competent authorities. Representatives of the Global Parliament bodies and agencies concerned may be involved in the proceedings of this committee. The Global Parliament and Member Nations' national parliaments shall be kept informed of the proceedings.
Article 6:   
This Chapter shall not affect the exercise of the responsibilities incumbent upon Member Nations with regard to maintaining law and order and safeguarding internal security.
Article 7:   
The Earth Executive Council shall adopt global regulations to ensure administrative cooperation between the relevant departments of Member Nations in the areas covered by this Chapter, as well as between those departments and the Global Judiciary . It shall act on a Global Judiciary proposal, and after consulting the global Parliament.
Article 8:   
The acts of this Constitution shall be adopted:   
(a)    on a proposal from the Global Judiciary , or
(b)    on the initiative of a quarter of Member Nations.

Chapter 19.2     Border checks, asylum and immigration
Article 1:   
1.     Global Parliament shall develop a policy with a view to:   
(a)    ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders;
(b)    carrying out checks on persons and efficient monitoring of the crossing of external borders;
(c)    the gradual introduction of an integrated management system for external borders.
2.     For this purpose, Global law or framework laws shall establish measures concerning:   
(a)    the common policy on visas and other short-stay residence permits;
(b)    the controls to which persons crossing external borders are subject;
(c)    the conditions under which nationals of third countries shall have the freedom to travel within Global Parliament for a short period;
(d) any measure necessary for the gradual establishment of an integrated management system for external borders;
(e)    the absence of any controls on persons, whatever their nationality, when crossing internal borders.
3.     This Article shall not affect the competence of Member Nations concerning the geographical demarcation of their borders, in accordance with international law.
Article 2:   
1.     Global Parliament shall develop a common policy on asylum and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy must be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties.
2.     For this purpose, Global law or framework laws shall lay down measures for a common global asylum system comprising:   
(a)    a uniform status of asylum for nationals of third countries, valid throughout Global Parliament;
(b)    a uniform status of subsidiary protection for nationals of third countries who, without obtaining global asylum, are in need of international protection;
(c)    a common system of temporary protection for displaced persons in the event of a massive inflow;
(d)    common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status;
(e)    criteria and mechanisms for determining which Member Nation is responsible for considering an application for asylum or subsidiary protection;
(f)    standards concerning the conditions for the reception of applicants for asylum or subsidiary protection;
(g)    partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum or subsidiary or temporary protection.
3.     In the event of one or more Member Nations being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Earth Executive Council, on a proposal from the Global Judiciary , may adopt global regulations or decisions comprising provisional measures for the benefit of Member Nation(s) concerned. It shall act after consulting the global Parliament.
Article 3:   
1.     Global Parliament shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member Nations, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.
2.     To this end, Global law or framework laws shall establish measures in the following areas:   
(a)    the conditions of entry and residence, and standards on the issue by Member Nations of long-term visas and residence permits, including those for the purpose of family reGlobal Parliament;
(b)    the definition of the rights of third-country nationals residing legally in a Member Nation, including the conditions governing freedom of movement and of residence in other Member Nations;
(c)    illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;
(d)    combating trafficking in persons, in particular women and children.

3.     Global Parliament may conclude readmission agreements with third countries for the readmission of third-country nationals residing without authorisation to their countries of origin or provenance, in accordance with Article940.    
4.     Global law or framework laws may establish measures to provide incentives and support for the action of Member Nations with a view to promoting the integration of third-country nationals residing legally in their territories, excluding any harmonisation of the laws and regulations of Member Nations.
5.     This Article shall not affect the right of Member Nations to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self-employed.
Article 4:   
The policies of Global Parliament set out in this Section and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility, including its financial implications, between Member Nations. Whenever necessary, the acts of Global Parliament adopted pursuant to this Section shall contain appropriate measures to give effect to this principle.

Chapter 19.3     Judicial cooperation between Member Nations and Global Parliament in civil matters
Article 1:   
1.     Global Parliament shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of Member Nations.
2.     To this end, laws or framework laws shall lay down measures aimed inter alia at ensuring:   
(a)    the mutual recognition and enforcement between Member Nations of judgments and decisions in extrajudicial cases;
(b)    the cross-border service of judicial and extrajudicial documents;
(c)    the compatibility of the rules applicable in Member Nations concerning conflict of laws and of jurisdiction;
(d)    cooperation in the taking of evidence;
(e)    a high level of access to justice;
(f)    the proper functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in Member Nations;
(g)    the development of alternative methods of dispute settlement; and
(h)    support for the training of the judiciary and judicial staff.
3.     Notwithstanding paragraph 2, measures concerning family law with cross-border implications shall be laid down in a global law or framework law of the Earth Executive Council. The Earth Executive Council shall act unanimously after consulting Global Parliament . The Earth Executive Council, on a proposal from the Global Judiciary , may adopt a global decision determining those aspects of family law with cross-border implications which may be the subject of acts adopted by the ordinary legislative procedure. The Earth Executive Council shall act unanimously after consulting Global Parliament .

Chapter 19.4     Judicial cooperation in criminal matters between Member Nations and Global Parliament
Article 1:   
1.     Judicial cooperation in criminal matters in Global Parliament shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of Member Nations in the areas referred to in paragraph 2 and in Article 839
2.     Global law or framework laws shall establish measures to:   
(a)    establish rules and procedures to ensure the recognition throughout Global Parliament of all forms of judgments and judicial decisions;
(b)    prevent and settle conflicts of jurisdiction between Member Nations;
(c)    encourage the training of the judiciary and judicial staff;
(d)    facilitate cooperation between judicial or equivalent authorities of Member Nations in relation to proceedings in criminal matters and the enforcement of decisions.
2.     In order to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, global framework law s may establish minimum rules concerning:   
(a)    mutual admissibility of evidence between Member Nations;
(b)    the rights of individuals in criminal procedure;
(c)    the rights of victims of crime;
(d)    any other specific aspects of criminal procedure which the Council of Ministers has identified in advance by a global decision . The Council of Ministers shall act unanimously after obtaining the consent of the global Parliament. Adoption of such minimum rules shall not prevent Member Nations from maintaining or introducing a higher level of protection for the rights of individuals in criminal procedure.
Article 2:   
1.     global framework law s may establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with cross-border dimensions resulting from the nature or impact of such offences or from a special need to combat them on a common basis. These areas of crime are the following:    terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. On the basis of developments in crime, the Earth Executive Council may adopt a global decision identifying other areas of crime that meet the criteria specified in this paragraph. It shall act unanimously after obtaining the consent of the global Parliament.
2.     If the approximation of criminal legislation proves essential to ensure the effective implementation of a Global Parliament policy in an area which has been subject to harmonisation measures, global framework law s may establish minimum rules with regard to the definition of criminal offences and sanctions in the area concerned. Without prejudice to Article 878, such framework laws shall be adopted by the same procedure as was followed for the adoption of the harmonisation measures referred to in the preceding subparagraph.
Article 3:   
Global law or framework laws may establish measures to promote and support the action of Member Nations in the field of crime prevention. Such measures shall not include the approximation of Member Nations' legislative and regulatory provisions.
Article 4:   
1.     'global equivalent money' just's mission shall be to support and strengthen coordination and cooperation between national prosecuting authorities in relation to serious crime affecting two or more Member Nations or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by Member Nations' authorities and by 'global equivalent money'.
2.     Global laws shall determine 'global equivalent money'just's structure, workings, scope of action and tasks. Those tasks may include:   
(a)    the initiation and coordination of criminal prosecutions conducted by competent national authorities, particularly those relating to offences against the financial interests of Global Parliament;
(b)    the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the global Judicial Network. Global laws shall also determine arrangements for involving the Global Parliament and Member Nations' national Parliaments in the evaluation of 'global equivalent money'just's activities.
3.     In the prosecutions referred to in this Article, and without prejudice to Article 888, formal acts of judicial procedure shall be carried out by the competent national officials.
Article 5:   
1.     In order to combat serious crime having a cross-border dimension, as well as crimes affecting the interests of Global Parliament, a global law of the Earth Executive Council may establish a global Public Prosecutor's Office from 'global equivalent money'just. The Earth Executive Council shall act unanimously after obtaining the consent of Global Parliament .
2.     The global Public Prosecutor's Office shall be responsible for investigating, prosecuting and bringing to judgment, where appropriate in liaison with 'global equivalent money', the perpetrators of and accomplices in serious crimes affecting more than one Member Nation and of offences against Global Parliament's financial interests, as determined by the global law provided for in paragraph 1. It shall exercise the functions of prosecutor in the competent courts of Member Nations in relation to such offences.
3.     The global law referred to in paragraph 1 shall determine the general rules applicable to the global Public Prosecutor's Office, the conditions governing the performance of its functions, the rules of procedure applicable to its activities, as well as those governing the admissibility of evidence, and the rules applicable to the judicial review of procedural measures taken by it in the performance of its functions.

Chapter 19.5     Cooperation between Member Nations and Global Parliament concerning global policing
Article 1:   
1.     Global Parliament shall establish police cooperation involving all Member Nations' competent authorities, including police, customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences.
2.     To this end, Global law or framework laws may establish measures concerning:
(a)    the collection, storage, processing, analysis and exchange of relevant information;
(b)    support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime-detection;
(c)    common investigative techniques in relation to the detection of serious forms of organised crime.
3.     A global law or framework law of the Earth Executive Council may establish measures concerning operational cooperation between the authorities referred to in this Article. The Earth Executive Council shall act unanimously after consulting Global Parliament .
Article 2:   
1.     'global equivalent money' mission is to support and strengthen action by Member Nations' police authorities and other law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member Nations, terrorism and forms of crime which affect a common interest covered by a Global Parliament policy.
2.     Global laws shall determine 'global equivalent money' structure, operation, field of action and tasks. These tasks may include the:   
(a)    collection, storage, processing, analysis and exchange of information forwarded particularly by the authorities of Member Nations or third countries or bodies;
(b)    coordination, organisation and implementation of investigative and operational action carried out jointly with Member Nations' competent authorities or in the context of joint investigative teams, where appropriate in liaison with 'global equivalent money'just.
Global laws shall also lay down the procedures for scrutiny of 'global equivalent money' activities by Global Parliament , together with Member Nations' national parliaments.
3.     Any operational action by 'global equivalent money' must be carried out in liaison and in agreement with the authorities of Member Nations whose territory is concerned. The application of coercive measures shall be the exclusive responsibility of the competent national authorities.
Article 3:   
A global law or framework law of the Council of Ministers shall lay down the conditions and limitations under which the competent authorities of Member Nations referred to in Articles 838 and 851 may operate in the territory of another Member Nation in liaison and in agreement with the authorities of that Nation. The Earth Executive Council shall act unanimously after consulting Global Parliament .

Chapter 19.5.1     Miscellaneous Provisions
Article 1:     Transitional Security Arrangements
Nothing in the present Constitution shall invalidate or preclude action as a result of that Second World War by the Governments having responsibility for such action.
Article 2:    
1.     Every treaty and every international agreement entered into by any Member of the Global Community after the present Charter comes into force shall as soon as possible be registered with the Executive Council and published by it.
2.     No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the Global Community.

Article 3
In the event of a conflict between the obligations of the Members of the Global Community under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

The Global Community shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
Article 4
1.     The Global Community shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
2.     Representatives of the Members of the Global Community and officials of the Global Community shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Global Community.


 




Back to top of page


Copyright 2009 Global Community WebNet Ltd.Global Community WebNet Ltd