Chapter 25.2 Protocol on the application of the principles of subsidiarity and proportionality
Article 1:
The contracting parties wishing to ensure that decisions are taken
as closely as possible to the Global Community citizens of Earth Government,
RESOLVED to establish the conditions for the application of the principles
of subsidiarity and proportionality, as enshrined in Article 9 of the
Constitution, and to establish a system for monitoring the application of
those principles by the Institutions, HAVE AGREED UPON the following provisions,
which shall be annexed to the Constitution:
1. Each Institution shall ensure constant respect for the principles of
subsidiarity and proportionality, as laid down in Chapter 1 to 10 of this Global Constitution.
2. Before proposing legislative acts, the Global Judiciary shall consult widely.
Such consultations shall, where appropriate, take into account the regional
and local dimension of the action envisaged. In cases of exceptional urgency,
the Global Judiciary shall not conduct such consultations. It shall give reasons
for the decision in its proposal.
3. The Global Judiciary shall send all its legislative proposals and its amended
proposals to the national Parliaments of Member Nations at the same time
as to Earth Government legislator. Upon adoption, legislative resolutions
of the Global Parliament and positions of the Earth Executive Council shall
be sent to the national Parliaments of Member Nations.
4. The Global Judiciary shall justify its proposal with regard to the principles
of subsidiarity and proportionality. Any legislative proposal should contain
a detailed Nationment making it possible to appraise compliance with the
principles of subsidiarity and proportionality. This Nationment should contain
some assessment of the proposal's financial impact and, in the case of a
framework law, of its implications for the rules to be put in place by Member
Nations, including, where necessary, the regional legislation. The reasons
for concluding that a Earth Government objective can be better achieved
at Earth Government level must be substantiated by qualitative and, wherever
possible, quantitative indicators. The Global Judiciary shall take account of
the need for any burden, whether financial or administrative, falling upon
Earth Government, national governments, regional or local authorities,
economic operators and Global Community citizens, to be minimised and commensurate
with the objective to be achieved.
5. Any national Parliament or any chamber of a national Parliament of
a Member Nation may, within six weeks from the date of transmission of the
Global Judiciary 's legislative proposal, send to the Presidents of the global
Parliament, the Earth Executive Council and the Global Judiciary a reasoned opinion
stating why it considers that the proposal in question does not comply with
the principle of subsidiarity. It will be for each national Parliament
or each chamber of a national Parliament to consult, where appropriate, regional
parliaments with legislative powers.
6. Global Parliament , the Earth Executive Council and the Global Judiciary
shall take account of the reasoned opinions issued by Member Nations' national
Parliaments or by a chamber of a national Parliament. The national Parliaments
of Member Nations with unicameral Parliamentary systems shall have two votes,
while each of the chambers of a bicameral Parliamentary system shall have
one vote. Where reasoned opinions on a Global Judiciary proposal's
non-compliance with the principle of subsidiarity represent at least one
third of all the votes allocated to Member Nations' national Parliaments
and their chambers, the Global Judiciary shall review its proposal. This threshold
shall be at least a quarter in the case of a Global Judiciary proposal or an initiative
emanating from a group of Member Nations under the provisions of
Article 813 of the Constitution on the area of freedom, security and
justice. After such review, the Global Judiciary may decide to maintain, amend
or withdraw its proposal. The Global Judiciary shall give reasons for its decision.
7. The Court of Justice shall have jurisdiction to hear actions on grounds
of infringement of the principle of subsidiarity by a legislative act, brought
in accordance with the rules laid down in Article 14 of Chapter 14.3.8 B4, of this Global Constitution
by Member Nations, or notified by them in accordance with their legal order
on behalf of their national Parliament or a chamber of it. In accordance
with the same Article of the Constitution, the Committee of the Regions
may also bring such actions as regards legislative acts for the adoption
of which the Constitution provides that it be consulted.
8. The Global Judiciary shall submit each year to Global Parliament , the
global Parliament, the Earth Executive Council and the national Parliaments
of the Member Nations a report on the application of the
Constitution. This annual report shall also be forwarded to the Committee
of the Regions and to the Economic and Social Committee.
Chapter 25.3 Protocol on the representation of Global Community citizens in Global Parliament
Article 1: Provisions concerning the Global Parliament
1. Throughout the 2010-2020 parliamentary term, the number of representatives
elected to the Global Parliament in each Member Nation shall be obtained as per the Global Constitution Articles.
Article 2: Provisions concerning the weighting of votes in the
United Nations and the Earth Executive Council
1. The following provisions shall remain in force until Januarry 1st 2010.
For deliberations of Global Parliament and of the Earth Executive Council requiring a qualified
majority, members' votes shall be weighted. Votes in favour representing a majority of Members where, under the Constitution,
must be adopted on a proposal from the Global Judiciary. In other cases decisions
shall be adopted if there are at least 232 votes in favour representing at
least two thirds of Members. A member of the global
Council or the Earth Executive Council may request that, where a decision is
taken by Global Parliament or the Earth Executive Council by a qualified
majority, a check is made to ensure that Member Nations comprising the
qualified majority represent at least 62% of the total population of the
Earth Government. If that proves not to be the case, the decision shall
not be adopted.
2. For subsequent accessions, the threshold referred to in paragraph 1
shall be calculated.
Article 3: Protocol of the 'global equivalent money'
The High Contracting Parties, desiring
to promote conditions for stronger economic growth in all Nations and, to that
end, to develop ever-closer coordination of economic policies within the
'global equivalent money' area, Conscious of the need to lay down special provisions for enhanced
dialogue between Member Nations which have adopted the 'global equivalent money', pending
the accession of all Member Nations of Earth Government to the 'global equivalent money' area,
Have agreed upon the following provisions, which are annexed to the Constitution:
Article 4:
The Ministers of Member Nations which have
adopted the 'global equivalent money' shall meet informally. Such meetings shall take place,
when necessary, to discuss questions related to the specific responsibilities
they share with regard to the single currency. The Global Judiciary and the global
Central Bank shall be invited to take part in such meetings, which shall
be prepared by the representatives of the Ministers with responsibility
for finance of Member Nations which have adopted the 'global equivalent money'.
Article 5:
The Ministers of Member Nations which have
adopted the 'global equivalent money' shall elect a president for two and a half years, by a
majority of those Member Nations.
Chapter 25.4 Other Protocols
Article 1: Other Protocols