Chapter XIX Freedom, security and justice without borders
Chapter 19.1 General provisions
1. Earth Government 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. Earth Government 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. Earth Government shall facilitate access to justice, in particular by the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.
Global Parliament shall define the strategic guidelines for legislative and operational planning within the area of freedom, security and justice.
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.
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 Earth Government 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.
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 Earth Government. It shall facilitate coordination of the action of Member Nations' competent authorities. Representatives of the Earth Government 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.
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.
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.
The acts of this Constitution shall be adopted:
(a) on a proposal from the Global Judiciary , or
Chapter 19.2 Border checks, asylum and immigration
1. Earth Government shall develop a policy with a view to:
(a) ensuring the absence of any controls on persons, whatever their nationality, when crossing internal 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;3. This Article shall not affect the competence of Member Nations concerning the geographical demarcation of their borders, in accordance with international law.
1. Earth Government 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 Earth Government;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.
1. Earth Government 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 reEarth Government;
3. Earth Government 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.
The policies of Earth Government 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 Earth Government adopted pursuant to this Section shall contain appropriate measures to give effect to this principle.
Chapter 19.3 Judicial cooperation between Member Nations and Earth Government in civil matters
1. Earth Government 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;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 Earth Government
1. Judicial cooperation in criminal matters in Earth Government 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 Earth Government of all forms of judgments and judicial 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;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 Earth Government 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.
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.
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 Earth Government;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.
1. In order to combat serious crime having a cross-border dimension, as well as crimes affecting the interests of Earth Government, 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 Earth Government'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 Earth Government concerning global policing
1. Earth Government 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;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 .
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 Earth Government 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;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.
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.
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.
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.
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.