Chapter 2 – Council of Chancellors
Article 36 – Executive power of the Union
1. The executive power of the Union, unless the federal plebiscite determines otherwise, is vested in the Council of Chancellors.
2. The Council of Chancellors comprises of the First Chancellor of the Union and two Chancellors of the Union. Their position is equal except in cases established by the constitution.
Article 37 – Election
1. The members of the Council of Chancellors are elected by the people of the European Union in general, direct and secret elections.
2. The term of mandate of the Chancellor of the Union is five years. Nobody can be elected the Chancellor of the Union more than twice.
3. Every citizen of the European Union who reached the age of 18 years has the right to elect the Chancellor of the Union.
4. Every citizen of the European Union who completed the age of forty can be elected a Chancellor of the Union.
5. Candidates submit an announcement of their candidature in groups of three persons. Nobody in the respective group can be a citizen of the same member state or other territory of the Union as other members of the same group of candidates.
6. Each group of candidates has to prove itself with approval with its candidature of at least one hundred thousand citizens from at least one sixth of the member states or other territories of the Union legitimate to vote to the House of People of the Assembly of the Union.
7. Candidates of that group which obtains the majority of votes of citizens and at the same time the majority of votes of states become Chancellors of the Union. Result of voting in the member state, the federal territory of the Union or the Federal Region of Brussels counts as the vote of state.
8. If no group of candidates is elected, the second round is held to which advance two groups of candidates with the highest total of votes of citizens and of portion of votes of states. The second round is held 15 days after the first round is finished.
9. Candidates of the group which obtains the majority of votes of citizens and at the same time the majority of votes of states are elected Chancellors of the Union. If no group of candidates obtains the majorities determined above, the group of candidates is elected which obtains the highest total of portion of votes of citizens and of portion of votes of states.
10. Details of the election is stipulated by the law.
Article 38 – Rights and duties of Chancellors of the Union
1. Nobody is allowed to be a member of the Assembly of the Union and to hold any constitutional or other salaried office of the European Union, of any member state or its autonomous entity or of any other territory of the Union.
2. A member of the Council of Chancellors may not be prosecuted, restricted in his free movement or arrested unless caught while committing a criminal act.
3. A member of the Council of Chancellors may be prosecuted in suspicion of committing a criminal act. At least 25 000 citizens of the Union from at least three member states or at least forty deputies of the House of People or at least twenty deputies of the House of States initiate criminal proceedings.
4. The members of the Council of Chancellors receive a salary paid from means of the Union. To receive other remunerations is inadmissible.
5. The mandate of a member of the Council of Chancellors becomes effective by his election.
6. Every member of the Council of Chancellors takes the oath at the first session of the Council of Chancellors. The oath of the member of the Assembly of the Union reads: “I, … (name of a person), solemnly pledge now to work for welfare of the people of the European Union, to represent it in compliance with my conscience and to fulfill the spirit of the constitution of the Union.”
8. The mandate of a member of the Assembly of the Union expires by
(a) expiration of the term of mandate,
(b) refusing to take the oath or taking the oath with reservations,
(c) resignation,
(d) death,
(e) exercise of an incompatible function,
(f) recall,
(g) imprisonment.
8. The law stipulates details of rights and duties of the members of the Council of Chancellors.
Article 39 – Vacant office of a Chancellor
1. If the office of the Chancellor of the Union becomes vacant, election of the Council of Chancellors is held according to the article 37 within 80 days.
2. Until the Council of Chancellors is elected, duties of an absent Chancellor of the Union exercise the President of the House of People of the Assembly of the Union, the President of the House of States of the Assembly of the Union and the President of the Supreme Court of the Union, in this order.
3. The law stipulates details.
Article 40 – First Chancellor
1. The period for which the Council of Chancellors was elected is divided in three equal parts. Every Chancellor is the First Chancellor in one term determined this way.
2. Order is decided by lot held in the joint session of both chambers of the Assembly of the Union chaired by the President of the House of People.
Article 41 – Sessions of the Council of Chancellors
1. The Council of Chancellors exercises laws of the Union, judgments of the Supreme Court of the Union or other courts of the Union and adopt measures necessary for common good of the Union in the frame of the laws of the Union.
2. Sessions of the Council of Chancellors take place in the Federal Region of Brussels, in the case of extraordinary circumstances in other place of the Union.
3. Sessions of the Council of Chancellors are closed unless the Council determines otherwise.
4. The First Chancellor of the Union, in urgent case other Chancellor of the Union calls and chairs sessions of the Council of Chancellors. Details are stipulated by the law.
5. Approval of at least two Chancellors of the Union is required to adopt a decision of the Council of Chancellors.
6. The Council of Chancellors charges the definite Chancellor of the Union with execution of its decision. The authorized Chancellor of the Union is entitled to issue necessary instructions exercising the decision of the Council of Chancellors.
7. The decision of the Council of Chancellors is inscribed in the Official Journal of the European Union. It takes effect when it is inscribed in the Official Journal unless urgent necessity requires otherwise. Details are stipulated by the law.
8. Written minutes from each session of the Council of Chancellors must be taken. Their requisites are stipulated by the law.
Article 42 – External relations
1. The First Chancellor of the Union is the highest representative of the Union. He represents the Union internationally unless the Council of Chancellors decides otherwise.
2. The First Chancellor of the Union appoints and recalls diplomatic representatives of the Union on the authority of the Council of Chancellors and receives foreign ambassadors.
3. The Council of Chancellors negotiates and ratifies international treaties. It continuously reports to the Assembly of the Union on progress of negotiation.
Article 43 – Armed forces of the Union
1. The First Chancellor of the Union is Commander in Chief of the armed forces of the Union.
2. The First Chancellor of the Union appoints, promotes, degrades and recalls high officers of the armed forces of the Union and decides upon committing armed forces of the Union.
3. Armed forces of the Union can be dispatched outside the territory of the Union and the associated states of the Union only with consent of the Assembly of the Union.
4. Military operations against an enemy can be done only after formal proclamation of war.
5. The Council of Chancellors can dispatch the armed forces of the Union outside the territory of the Union and the associated states without consent of the Assembly of the Union only for the purpose of averting an imminent military attack or effects of a great natural disaster and only for the time of fifty hours.
Article 36 – Executive power of the Union
1. The executive power of the Union, unless the federal plebiscite determines otherwise, is vested in the Council of Chancellors.
2. The Council of Chancellors comprises of the First Chancellor of the Union and two Chancellors of the Union. Their position is equal except in cases established by the constitution.
Article 37 – Election
1. The members of the Council of Chancellors are elected by the people of the European Union in general, direct and secret elections.
2. The term of mandate of the Chancellor of the Union is five years. Nobody can be elected the Chancellor of the Union more than twice.
3. Every citizen of the European Union who reached the age of 18 years has the right to elect the Chancellor of the Union.
4. Every citizen of the European Union who completed the age of forty can be elected a Chancellor of the Union.
5. Candidates submit an announcement of their candidature in groups of three persons. Nobody in the respective group can be a citizen of the same member state or other territory of the Union as other members of the same group of candidates.
6. Each group of candidates has to prove itself with approval with its candidature of at least one hundred thousand citizens from at least one sixth of the member states or other territories of the Union legitimate to vote to the House of People of the Assembly of the Union.
7. Candidates of that group which obtains the majority of votes of citizens and at the same time the majority of votes of states become Chancellors of the Union. Result of voting in the member state, the federal territory of the Union or the Federal Region of Brussels counts as the vote of state.
8. If no group of candidates is elected, the second round is held to which advance two groups of candidates with the highest total of votes of citizens and of portion of votes of states. The second round is held 15 days after the first round is finished.
9. Candidates of the group which obtains the majority of votes of citizens and at the same time the majority of votes of states are elected Chancellors of the Union. If no group of candidates obtains the majorities determined above, the group of candidates is elected which obtains the highest total of portion of votes of citizens and of portion of votes of states.
10. Details of the election is stipulated by the law.
Article 38 – Rights and duties of Chancellors of the Union
1. Nobody is allowed to be a member of the Assembly of the Union and to hold any constitutional or other salaried office of the European Union, of any member state or its autonomous entity or of any other territory of the Union.
2. A member of the Council of Chancellors may not be prosecuted, restricted in his free movement or arrested unless caught while committing a criminal act.
3. A member of the Council of Chancellors may be prosecuted in suspicion of committing a criminal act. At least 25 000 citizens of the Union from at least three member states or at least forty deputies of the House of People or at least twenty deputies of the House of States initiate criminal proceedings.
4. The members of the Council of Chancellors receive a salary paid from means of the Union. To receive other remunerations is inadmissible.
5. The mandate of a member of the Council of Chancellors becomes effective by his election.
6. Every member of the Council of Chancellors takes the oath at the first session of the Council of Chancellors. The oath of the member of the Assembly of the Union reads: “I, … (name of a person), solemnly pledge now to work for welfare of the people of the European Union, to represent it in compliance with my conscience and to fulfill the spirit of the constitution of the Union.”
8. The mandate of a member of the Assembly of the Union expires by
(a) expiration of the term of mandate,
(b) refusing to take the oath or taking the oath with reservations,
(c) resignation,
(d) death,
(e) exercise of an incompatible function,
(f) recall,
(g) imprisonment.
8. The law stipulates details of rights and duties of the members of the Council of Chancellors.
Article 39 – Vacant office of a Chancellor
1. If the office of the Chancellor of the Union becomes vacant, election of the Council of Chancellors is held according to the article 37 within 80 days.
2. Until the Council of Chancellors is elected, duties of an absent Chancellor of the Union exercise the President of the House of People of the Assembly of the Union, the President of the House of States of the Assembly of the Union and the President of the Supreme Court of the Union, in this order.
3. The law stipulates details.
Article 40 – First Chancellor
1. The period for which the Council of Chancellors was elected is divided in three equal parts. Every Chancellor is the First Chancellor in one term determined this way.
2. Order is decided by lot held in the joint session of both chambers of the Assembly of the Union chaired by the President of the House of People.
Article 41 – Sessions of the Council of Chancellors
1. The Council of Chancellors exercises laws of the Union, judgments of the Supreme Court of the Union or other courts of the Union and adopt measures necessary for common good of the Union in the frame of the laws of the Union.
2. Sessions of the Council of Chancellors take place in the Federal Region of Brussels, in the case of extraordinary circumstances in other place of the Union.
3. Sessions of the Council of Chancellors are closed unless the Council determines otherwise.
4. The First Chancellor of the Union, in urgent case other Chancellor of the Union calls and chairs sessions of the Council of Chancellors. Details are stipulated by the law.
5. Approval of at least two Chancellors of the Union is required to adopt a decision of the Council of Chancellors.
6. The Council of Chancellors charges the definite Chancellor of the Union with execution of its decision. The authorized Chancellor of the Union is entitled to issue necessary instructions exercising the decision of the Council of Chancellors.
7. The decision of the Council of Chancellors is inscribed in the Official Journal of the European Union. It takes effect when it is inscribed in the Official Journal unless urgent necessity requires otherwise. Details are stipulated by the law.
8. Written minutes from each session of the Council of Chancellors must be taken. Their requisites are stipulated by the law.
Article 42 – External relations
1. The First Chancellor of the Union is the highest representative of the Union. He represents the Union internationally unless the Council of Chancellors decides otherwise.
2. The First Chancellor of the Union appoints and recalls diplomatic representatives of the Union on the authority of the Council of Chancellors and receives foreign ambassadors.
3. The Council of Chancellors negotiates and ratifies international treaties. It continuously reports to the Assembly of the Union on progress of negotiation.
Article 43 – Armed forces of the Union
1. The First Chancellor of the Union is Commander in Chief of the armed forces of the Union.
2. The First Chancellor of the Union appoints, promotes, degrades and recalls high officers of the armed forces of the Union and decides upon committing armed forces of the Union.
3. Armed forces of the Union can be dispatched outside the territory of the Union and the associated states of the Union only with consent of the Assembly of the Union.
4. Military operations against an enemy can be done only after formal proclamation of war.
5. The Council of Chancellors can dispatch the armed forces of the Union outside the territory of the Union and the associated states without consent of the Assembly of the Union only for the purpose of averting an imminent military attack or effects of a great natural disaster and only for the time of fifty hours.
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