Chapter XI     Limits of Earth Government competences
Article 1:    Fundamental principles
1.     The limits of Earth Government competences are governed by the principle of conferral. The use of Earth Government competences is governed by the principles of subsidiarity and proportionality.
2.     Under the principle of conferral, Earth Government shall act within the limits of the competences conferred upon it by Member Nations in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon Earth Government in the Constitution remain with Member Nations.
3.     Under the principle of subsidiarity, in areas which do not fall within its exclusive competence Earth Government shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by Member Nations, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Earth Government level. Earth Government Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality, as shown in Chapter 25. National Parliaments shall ensure compliance with that principle in accordance with the procedure set out in the Protocol.
4.     Under the principle of proportionality, the content and form of Earth Government action shall not exceed what is necessary to achieve the objectives of the Constitution. The Institutions shall apply the principle of proportionality as laid down in the Protocol referred to in paragraph 3.
Article 2:    Global Law and the decision-making process
1.     The Constitution, and Global Law adopted by Earth Government's Institutions in exercising competences conferred on it, shall have primacy over the law of Member Nations.
2.     Member Nations shall take all appropriate measures, general or particular, to ensure fulfilment of the obligations flowing from the Constitution or resulting from Earth Government Institutions' acts.
3.     In dealing with difficult problems and having to decide what to do about harm done to a person, a community or a nation, the Earth Court of Justice and Earth Government shall be guided by Article 3, Chapter 10.2, the Scale of Human and Earth Rights, which shows the limits of Earth Government , its priorities, concerning the enforcement of global law with respect to the Scale six (6) sections. Section 1 has more importance than all other sections below, and so on. Concerning sections 1, 2, and 3, it shall be Earth Government highest priority to guarantee these rights to Member Nations and to have proper lesgislation and implement and enforce global law as it applies. Concerning Sections 4, 5 and 6, it shall be the aim of Earth Government to secure these other rights for all global citizens within the federation of all nations, but without immediate guarantee of universal achievement and enforcement. These rights are defined as Directive Principles, obligating the Earth Government to pursue every reasonable means for universal realization and implementation.
4.     Global Law and the understanding of paragraph 3 shall apply throughout Earth Government organs, bodies and institutions, and to all global citizens.
Article 3:    Categories of competence
1.     When the Constitution confers on Earth Government exclusive competence in a specific area, only Earth Government may legislate and adopt legally binding acts, Member Nations being able to do so themselves only if so empowered by Earth Government or for the implementation of acts adopted by Earth Government.
2.     When the Constitution confers on Earth Government a competence shared with Member Nations in a specific area, Earth Government and Member Nations shall have the power to legislate and adopt legally binding acts in that area. Member Nations shall exercise their competence to the extent that Earth Government has not exercised, or has decided to cease exercising, its competence.
3.     Earth Government shall have competence to promote and coordinate the economic and employment policies of Member Nations.
4.     Earth Government shall have competence to define and implement a global security policy, including the progressive framing of a common defence policy.
5.     In certain areas and in the conditions laid down in the Constitution, Earth Government shall have competence to carry out actions to support, coordinate or supplement the actions of Member Nations, without thereby superseding their competence in these areas.
6.     The scope of and arrangements for exercising Earth Government's competences shall be determined by the provisions specific to each area in Chapters 12.
7.     The protection of the global life-support systems.
Article 4:    Exclusive competence of Earth Government
1.     Earth Government shall have exclusive competence to establish the competition rules necessary for the functioning of the global market, and in the following areas:
a)     monetary policy, for Member Nations which have adopted a replacement currency, the 'global equivalent money',
b)     global commercial policy,
c)     customs,
d)     policies and strategies concerning the protection of the global life-support systems,
e)     application of global law concerning global ecological rights and primordial human rights as stated in the Scale of Human and Earth Rights of Chapter 10,
f)     the concervation and protection of essential Earth resources needed for survival of Life on Earth, and
g)     the conservation of marine biological resources under the global fisheries policy.
2.     Earth Government shall have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of Earth Government, is necessary to enable it to exercise its internal competence, or affects an internal Earth Government act.
Article 5:    Areas of shared competence
1.     Earth Government shall share competence with Member Nations where the Constitution confers on it a competence which does not relate to the area referred to in Article 4, Chapter XI.
2.     Shared competence applies in the following principal areas:
internal market,
a)     area of freedom and justice,
b)     application of global law concerning rights other than global ecological rights and primordial human rights as stated in the Scale of Human and Earth Rights of Chapter 10
c)     global security
d)     global fight against crime
e)     Asylum, immigration, border control
f)     agriculture and fisheries, excluding the conservation of marine biological resources,
g)     transport and trans-global networks,
h)     energy,
i)     social policy, for aspects defined in Chapters 19 to 26,
j)     economic, social and territorial cohesion,
k)     environment,
l)     consumer protection,
m)     peace movement,
n)     emergencies and rescues,
o)     agriculture and food production,
p)     implementation of policies and strategies concerning the protection of the global life-support systems, and
q)     common global safety concerns in public health matters.

3.     In the areas of research, technological development and space, Earth Government shall have competence to carry out actions, in particular to define and implement programmes; however, the exercise of that competence may not result in Member Nations being prevented from exercising theirs.
4.     In the areas of development cooperation and humanitarian aid, Earth Government shall have competence to take action and conduct a common policy; however, the exercise of that competence may not result in Member Nations being prevented from exercising theirs.
Article 6:    Coordination of economic and employment policies
1.     Earth Government shall adopt measures to ensure coordination of the economic policies of Member Nations, in particular by adopting broad guidelines for these policies. Member Nations shall coordinate their economic policies within Earth Government.
2.     Specific provisions shall apply to those Member Nations which have adopted the 'global equivalent money' in replacement to their currencies.
3.     Earth Government shall adopt measures to ensure coordination of the employment policies of Member Nations, in particular by adopting guidelines for these policies.
4.     Earth Government may adopt initiatives to ensure coordination of Member Nations' social policies.
Article 7:    Global security policy
1.     Earth Government's competence in matters of global security policy shall cover all areas of global policy and all questions relating to Earth Government's security, including the progressive framing of a common global defence and security policy, which might lead to a common global defence.
2.     Member Nations shall actively and unreservedly support Earth Government's global security policy in a spirit of loyalty and mutual solidarity and shall comply with the acts adopted by Earth Government in this area. They shall refrain from action contrary to Earth Government's interests or likely to impair its effectiveness.
Article 8:    Areas of supporting, coordinating or complementary action
1.     Earth Government may take supporting, coordinating or complementary action.
2.     The areas for supporting, coordinating or complementary action shall be, at global level:
industry,
protection and improvement of human health,
education, vocational training, youth and sport,
culture,
civil protection.
3.     Legally binding acts adopted by Earth Government on the basis of the provisions specific to these areas in Chapters 19 to 26 may not entail harmonisation of Member Nations' laws or regulations.
Article 9:    Flexibility clause
1.     If action by Earth Government should prove necessary within the framework of the policies defined in Chapters 19 to 26 to attain one of the objectives set by the Constitution, and the Constitution has not provided the necessary powers, the Earth Executive Council, acting unanimously on a proposal from Global Parliament , shall take the appropriate measures.
2.     Using the procedure for monitoring the subsidiarity principle referred to in Article 1(3), Chapter 11, Global Parliament shall draw Member Nations' national Parliaments' attention to proposals based on this Article.
3.     Provisions adopted on the basis of this Article may not entail harmonisation of Member Nations' laws or regulations in cases where this Constitution excludes such harmonisation.

 








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