Modifiche proposte all'articolo 1 preliminare

Da Christer Lundquist

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Taggato: Article 1, Freedom of Information, Federazione mondiale

Questo topic ha 5 risposte, 4 partecipanti ed è stato aggiornato l'ultima volta 3 anni, 5 mesi fa da Anonimo.

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2 Novembre 2021 alle 09:19 #2252

Jakub Jermar
Partecipante

As for the suggested clause 5 and its saving part, it could look consistent with this federal constitution on the paper while in reality it could be quite the opposite. The former communist regimes were known for their willingness to break their own written rules / laws if it justified the cause. For this reason, I would suggest not to write blank checks like this and simply defer the decision to join or not to join the prospective World Federation to a later time when things will be more clear.

From the logic of our own approach to establishing the European federation, such a provision is not even needed because the decision whether to join the prospective World Federation will not be up to the European federation (as a state) but up to its citizens*. Maybe there is even a risk of putting something like that in our constitution as it reinforces the idea that states (or their constitutions) should somehow have a say in whether their citizens can form a federation or not.

On a more general note, I still think we should strive to make our constitution as small as possible. The more bells and whistles that are not absolutely essential for our goal, the more troubles during ratification.

*) I do realize the constitution expresses the will of the citizens

3 Novembre 2021 alle 06:52 #2257

Christer Lundquist
Partecipante

Buone argomentazioni da parte di Jakub; in una votazione sarei favorevole alla cancellazione dell'articolo sulla Federazione Mondiale. Ma se c'è una maggioranza a favore del suo mantenimento, mantengo il mio commento e posso accettarlo. Ma in generale: Mantenere la Costituzione il più possibile compatta e precisa è auspicabile e saggio.

5 Novembre 2021 alle 13:27 #2270

Herbert Tombeur
Partecipante

I want to remember two basic rules in federal and constitutional affairs: as a federation is a layered governance up to sovereignty, only matters regarding the federal level of governance are stipulated in the federal constitution, therefore both the clauses 4 and 5, mentioned above, should be deleted completely. I conclude by referring to clause 3 which is more than large enough for the European Federation to constitute.

5 Novembre 2021 alle 14:43 #2272

Christer Lundquist
Partecipante

I cannot see why freedom of information/transparency cannot be included at the federal level, in the Constitution, thus requiring members to act in consistency with the intentions of the Federation’s Constitution. I’m not a scholar in constitutional law, but as a journalist/editor relying on my common sense, I stand by my proposal re: Clause 4.

If Herbert’s surprising claim is right, then I suppose my proposal only needs to delete these words: “, states and local governments”.

But then the purpose of trying to build better governance of Europe than the EU, unable as it is to rein in Poland now, begins to crumble, in my view. What are the implications of Herbert’s statement? That a member state can restrict fundamental federal rights and still remain part of the federation? That a Poland or a Hungary can go autocratic without having to leave the federation? I cannot believe this is what is meant by states retaining their sovereignty, only sharing some parts of it with the federal body.

I look forward to the Board’s & others’ comments.

5 Novembre 2021 alle 23:12 #2273

Anonimo
Inattivo

I agree with the comment of Herbert Tombeur to delete the clauses 4 and 5. Clause 4 is already laid down in treaties (f.i. public procedures in the courts) and laws of the states, and why right of information and not other rights (demonstration, right to unite)? And clause 5 seems too unrealistic now (see remarks Jakob).
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