Chapter 19.4 Judicial cooperation in criminal matters between Member Nations and Earth Government
Article 1:
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;
(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 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.
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 Earth Government;
(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 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
Article 1:
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;
(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 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;
(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.