30 March 2014

Federal plebiscite - constitutional text

I still owe a constitutional text to the previous article dealing with the subject of the federal plebiscite, so it is here.

Federal plebiscite

Article 55 – Direct exercise of the state power
1. The citizens of the European Union exercise the direct state power by means of the federal plebiscite. The decision is made in the form of the law or the international treaty.
2. The laws and international treaties adopted in the federal plebiscite are inscribed in the Official Journal of the European Union.

Article 56 – Obligatory plebiscite
The federal plebiscite is obligatory about
a) modification of the constitution of the European Union,
b) laws expanding the constitution of the European Union,
c) accession of the European Union to an international organization or a military alliance,
d) adoption of an international treaty or withdrawal of it,
e) adoption of a new member of the Union,
f) a law about the status of the federal territory.

Article 57 – Restriction of the subject of voting
Restriction or abolition of democratic public order and restriction or abolition of the rights in the Chapter two of the Constitution of the Union, in particular prohibition of death penalty, torture, slavery or other cruel treatment may not be the subject of the federal plebiscite.

Article 58 – Organization of voting
1. The federal plebiscite is declared if at least 0,78% of the citizens of the Union authorized to vote to the House of People of the Assembly of the Union from at least eight member states request it.
2. The Council of Chancellors declares the date of the federal plebiscite being no more than 200 days after the day when the required number of the citizens request it.
3. The request of the citizens of the Union is not necessary to hold the federal plebiscite about the matters enumerated in the article 56.
4. The Council of Chancellors may submit any proposed law passed by the Assembly of the Union and submitted to itself for the federal plebiscite.
5. The law stipulates details about organization of the federal plebiscite.

Article 59 – Repeated voting
The matter rejected in the federal plebiscite may not be submitted again to the people earlier than after three years.

Subsection 1 – Federal plebiscite about a proposed law
Article 60 – Subject of voting and adoption of a law
1. Any legal arrangement of a matter that comes under competence of the Union can be the subject of the federal plebiscite about a proposed law. In one voting, more different proposals of the same thing can be submitted.
2. Modification of the constitution of the Union or a law expanding the constitution is adopted if at least two thirds of involved voters and at the same time two thirds of the member states vote in favour of it. Result of voting in the member state counts as the vote of the state.
3. A law except of a law expanding the constitution is adopted if the majority of involved voters and at the same time the majority of the member states vote in favour of it. Result of voting in the member state counts as the vote of the state.

Article 61 – Limits in adoption of a law
1. The Assembly of the Union may not repeal or modify a law adopted in the federal plebiscite.
2. A bill containing a matter rejected in the federal plebiscite must not be introduced in the Assembly of the Union for a period of three years.
3. The law adopted in the federal plebiscite must comply with conditions of paragraphs 10, 11, 12 of the article 33.

Subsection 2 – Federal plebiscite about an international treaty
Article 62 – Adoption of an international treaty
1. After an international treaty is submitted to the people a term of 200 day runs during which at least 50000 citizens of the Union authorized to vote to the House of the People of the Assembly of the Union can submit proposals of the change of the submitted international treaty. If such proposals are submitted there is voting about more proposals of the international treaty at the same time.
2. The international treaty is adopted if a majority of involved voters and at the same time a majority of the member states vote in favour of it. Result of voting in the member state counts as the vote of the state.
3. An international treaty that endangers democratic public order in the European Union or is inconsistent with rights, freedoms and principles provided in the chapter two of this constitution cannot be adopted.
4. Accession of the European Union to an international organization or a military alliance must have the form of an international treaty that contains all obligations and right of the Union within the respective organization or alliance.