Chapter XII Exercise of Earth Government competence
Chapter 12.1 Common provisions
Article 1: The legal acts of Earth Government
1. In exercising the competences conferred on it in the Constitution, Earth Government 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 in accordance with Article 312.
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.
a. 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;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 4: Implementing acts
1. Member Nations shall adopt all measures of national law necessary to implement legally binding Earth Government acts.
2. Where uniform conditions for implementing binding Earth Government 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 Earth Government implementing acts.
4. Earth Government implementing acts shall take the form of global implementing regulations or global implementing decisions.
Article 5: Principles common to Earth Government'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 6: 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 Earth Government 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 Earth Government 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. Earth Government 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 Earth Government'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 Earth Government Minister of Global Affairs and by Member Nations, using national and Earth Government 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 Earth Government'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 Earth Government 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 the Earth Government 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 Earth Government with an operational capacity drawing on assets civil and military. Earth Government may use them on missions outside Earth Government 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 Earth Government 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 Earth Government 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 Earth Government 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 Earth Government Minister of Global Affairs or from a Member Nation. Earth Government Minister of Global Affairs may propose the use of both national resources and Earth Government instruments, together with the Global Judiciary where appropriate.
5. The Earth Executive Council may entrust the execution of a task, within Earth Government framework, to a group of Member Nations in order to protect Earth Government'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 Earth Government 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 Earth Government 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. Earth Government 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;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. Earth Government 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. Earth Government 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;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 Earth Government'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 Earth Government, 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 Earth Government 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 Earth Government.