Have any of you seen the EU constitution?

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Moparmike

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I did some googling, and looked up their "Bill of Rights," as it were. I will post my entire blog entry, and would appreciate comments, as well as visits to the site to run up my hit-counter. ;)

I heard that the EU constitution was ratified last week, and wanted to know exactly what was in it. I see the EU in several different lights:

1. They will most likely be a Socialist's Only Club who likes to hear themselves speak, much like the Useless Nincompoops.
2. They could become active enough to be the next Soviet Union, although I doubt that because they have had lots of bloodshed over there, and we cleaned up most of it. And they know that we could go over there and kick their ass whenever we pleased. Its not difficult to conquer the disarmed, much like Hitler found out with the Jews. By that, I mean that once we wiped out their military, their citizenry couldn't put up much of a fight (sans Switzerland, but that is terrible terrain for a war anyway) because 90% of their firearms were removed from their possession, and the other 10% have to have need shown to the government to own them, and then they must be locked up separate from ammo, and broken down. Often, they must be stored at a gun club. A pack of Girl Scouts armed with Sporks could take over France, without much effort.
3. A body of blowhards that will fall apart because no one can come to an agreement about a future issue, and collapse/civil war breaks out in the EU.

So, I really dont fear them, unless the whole of the EU experiences economic collapse like 1920's Germany, and we all know what came out of that.

*WARNING*: The following is not only legnthy, but also rife with Nanny-statism.

Anyway, I copied some relavant parts of "Rights" allowed by the EU to its citizens:



TITLE II
FREEDOMS

Article II-6
Right to liberty and security
Everyone has the right to liberty and security of person.

Article II-7
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.

Article II-8
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.

Article II-9
Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Article II-10
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Article II-11
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
Article II-12
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.

Article II-13
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

Article II-14
Right to education
1. Everyone has the right to education and to have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory education.
3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

Article II-15
Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted
occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.

Article II-16
Freedom to conduct a business
The freedom to conduct a business in accordance with Union law and national laws and practices is recognised.

Article II-17
Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law insofar as is necessary for the general interest. (In other words, the use of your property may be legislated in the interests of protection, "for the <s>children</s> citizenry," or may be removed from your possession completely. You don't need that car that goes over 100kph, so we are taking it off your hands "for the citizenry." Safety, and all that.)
2. Intellectual property shall be protected.

Article II-18
Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Constitution.

Article II-19
Protection in the event of removal, expulsion or extradition
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

TITLE III
EQUALITY

Article II-20
Equality before the law
Everyone is equal before the law.

Article II-21
Non-discrimination
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Constitution and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be prohibited.

Article II-22
Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.

Article II-23
Equality between men and women
Equality between men and women must be ensured in all areas, including employment, work and pay.
The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Article II-24
The rights of the child
1. Children shall have the right to such protection and care as is necessary for their well-being.
They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests. (According to whom? The government?)

Article II-25
The rights of the elderly
The Union recognises and respects the rights of the elderly to lead a life of dignity and
independence and to participate in social and cultural life.

Article II-26
Integration of persons with disabilities
The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

TITLE IV
SOLIDARITY

Article II-27
Workers' right to information and consultation within the undertaking
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.

Article II-28
Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.

Article II-29
Right of access to placement services
Everyone has the right of access to a free placement service.

Article II-30
Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices.

Article II-31
Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her health, safety and dignity.
2. Every worker has the right to limitation of maximum working hours, to daily and weekly
rest periods and to an annual period of paid leave.

Article II-32
Prohibition of child labour and protection of young people at work
The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school- leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations.
Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.

Article II-33
Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.

Article II-34
Social security and social assistance
1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.
2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices.
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices. (Entitlements? ***? So I could fly over there and just mooch off the EU for the rest of my days?)

Article II-35
Health care
Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.

Article II-36
Access to services of general economic interest
The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Constitution, in order to promote the social and territorial cohesion of the Union.

Article II-37
Environmental protection
A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.
Article II-38
Consumer protection
Union policies shall ensure a high level of consumer protection.

TITLE V
CITIZENS' RIGHTS

Article II-39
Right to vote and to stand as a candidate at elections to the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.

Article II-40
Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.

Article II-41
Right to good administration
1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
(b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
(c) the obligation of the administration to give reasons for its decisions.
3. Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
4. Every person may write to the institutions of the Union in one of the official languages of the Union and must have an answer in the same language.

Article II-42
Right of access to documents
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies and agencies of the Union, in whatever form they are produced.

Article II-43
Ombudsman
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the institutions, bodies or agencies of the Union, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.

Article II-44
Right to petition
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.

Article II-45
Freedom of movement and of residence
1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
2. Freedom of movement and residence may be granted, in accordance with the Constitution, to nationals of third countries legally resident in the territory of a Member State.


Article II-46
Diplomatic and consular protection
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.


Notice this part as well. The first part has been italicized for emphasis.

Article II-52
Scope of guaranteed rights
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
(So, if the EU government decides that a right you have today is bad for the EU tomorrow, they can revoke it "for the children citizens." This is a place that I want NO part of.)
2. Rights recognised by this Charter for which provision is made in other Parts of the
Constitution shall be exercised under the conditions and within the limits defined by these relevant Parts
3. Insofar as this Charter contains rights which correspond to rights guaranteed by the
Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
4. Insofar as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.
5. The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions and bodies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
6. Full account shall be taken of national laws and practices as specified in this Charter.


I would love to fisk this whole thing, but it would take forever and would be longer than a football field. So I will leave you to your own devices.
 
I vote for breakdown. Europe is saddled with generous welfare programs, high tax rates, economic stagnation, and negative population growth.

It will happen a lot sooner than we think, and I expect to see the rise of Islamism across the Continent.
 
(So, if the EU government decides that a right you have today is bad for the EU tomorrow, they can revoke it "for the children citizens." This is a place that I want NO part of.)


In their system, rights come from government. They are not innate in us as humans, whether from God or just by the nature of humanity.

The EU is not governing by consent of the people. It is telling the people they are going to be governed and what rights they have, for the moment. I don't believe they are individual rights either. Like the Canadian bill of rights, I believe they are group rights.

No thank you.
 
The utter lack of property rights in the name of 'the public interest'--property rights being the very bulwark of a free society--is what will eventually kill the EU. The other stuff is just icing on the cake.

"The idea that 'the public interest' supersedes private interests and rights can have but one meaning: that the interests and rights of some individuals take precedence over the interests and rights of others."
--Ayn Rand
 
My political science department head visited Belgium last year to give a paper, and passsed by the central EU complex. She said that the overall effect of the building's architecture was to broadcast: "You are insignificant. You are a cog in the great machine. Resistance is futile," or something like that. This contrasted very badly with the feeling you get from seeing the Neoclassical archictecture in D.C.

The newest EU members are angry about the restrictive economic laws that they will be forced to accept. The "parliament" has no authority to introduce legislation, only to vote on what the burocrats submit to them. The real power is in the appointed positions, not the elected ones. The EU is destined to choke on its own red tape.
 
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
That's one way to get rid of all our criminals - just encourage them to escape to the EU. They can't be extradited back to the US (death penalty - we're such barbarians after all :rolleyes: ) . The EU gets to pamper and rehabilitate the poor misunderstood exiles on their nickle all the while imagining themselves superior to us for the action while in reality we rid our selves of garbage and scum at their expense.

Hey - works for me!

As an aside - if that constitution ever goes into effect and has force of law over sovereign European nations then within the next 50 years or so Europe will become a 3rd world area bereft of any freedom at all since the thing is written so that if it is for the collective good any right can be restricted or removed. The EU will collapse under the weight of trying to manage all the social programs.
 
2. This right includes the possibility to receive free compulsory education.

Whooo hooo, "free" education... That's Compulsory :) Shwwweeeeet.

This isn't a "constitution" or "bill of rights", its more like an "anti-constitution"

Instead of a limit to the maximum scope of government, it's like a sign at six flags, "the government must be at least THIS intrusive"------->


atek3
 
I've been studying the EU constitution for over a year now and have been in talks with EU fellows(he was head of the Hungarian mission in charge of 250 million plus dollars to bring the country up to par) ** basically the Ambassadore of the EU to Hungry**

while I'm on my way to do father's day stuff, I'll write more later


A few things,


The EU is built from a bottom up approach to appease fears of a over reaching central government. Thus Soldidatity, and Proportionality apply.
There are specific areas of competence which the EU is granted. That means the EU is the EU because the states specifically grants them the rights.

The draft constitution we were looking at has 3 areas in which the EU has sole competence, a number of areas in which the EU shares power with state rights, and then furthermore areas in which the EU only has a "supporting role" and states have those rights.


Furthermore the EU must justify why it has any power at all, so the idea is if it can best be done at the local(state) level, then they have no business having power. But in areas in which they can have a better role than say individual states, they can have either shared, or sole authority.

I'm preparing to do a lengthy research paper(50 pages or so) on the areas of CFSP and more specifically ESDP.


*most of this information is based upon the draft constitution which we went over in *great* detail. Wonderful class btw.

I havent had a chance to look over the ratified version, however I will and see if there were any changes.



BTW, in the draft version Education belonged only to the states.



Lastly, this isn't the same type of constituion to which we have. This is belending of the Treaty of Rome, Single European Act, Treaty of Mastricht, Treaty of Amsterdame and Treaty of Nice along with some revised and added areas.

Also, the EU originally started out as a customs and economic organization to which we supported. We incouraged this sort of result from the ending of world war II. Thus, the economic intergrations are very strong in this, and also show that by the intergrated market and the Euro zone(which BTW is higher than the dollar)
 
But TCD, I don't think the Euro-Crats in brussels perceive of any limitation of their power statutory or otherwise. If they did they wouldn't be churning out book after book of regulations.
 
well it depends in which areas they can turn out regulations, in any competence in which they have sole or shared, they can.


Also the ECJ also has the ability to overturn laws if they arn't in spirit of the constitution.

(In other words, the use of your property may be legislated in the interests of protection, "for the <s>children</s> citizenry," or may be removed from your possession completely. You don't need that car that goes over 100kph, so we are taking it off your hands "for the citizenry." Safety, and all that.)

I believe your comments here are completly off base.

The way I interpet this law is the same as notion of emminent domain.

And by property I believe they mean land, however it could be expanded further.


With the analogy of cars, I seriously doubt that would ever happen due to Germany alone(not to mention Italy, Austria etc)



3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices. (Entitlements? ***? So I could fly over there and just mooch off the EU for the rest of my days?)

I'll bold something which you missed
In short, no

however if given the qualification yes(ie gaining citizenship)
 
A bit wordy aren't they? I wonder how these 'rights' compare with the actual rights subjects entertained during the height of the reformation wars?

Littlest Meek just returned from a few months in the EU. He was impressed just how dirty and inconsiderate of each other are the denizens of France and Holland. I noticed that the entire EU constitution doesn't mention the right to have enough water to bathe properly. :rolleyes:
 
Travel to a few(a lot) places here in Alaska, and I can guarantee you they don't even have running water to bathe at all. My experiences in Holland and France were very much positive, and yes they do have different levels of hygine then us, but I found that more to be with the lack of use of deoderant/cologne/perfume, then anything else.

Furthermore, I do know that many if my friends who are either studying abroad in Europe or traveling through Europe face prejudice as being an American.(no more wrong than our French jokes) However, my Guatmalan friend has experienced little to none. Well, a little bit for still being an American, but he's fluent in French and Spanish. Anyways, my point is that there are many differences between us and them, yet taking a simple look at captial flow, any sane person on either side of the Atlantic can tell you we need them just as much as they need us.


Yes our constitution is a great document which does everything it should in brevity, but the EU needs are much different from our own. Applying our standards to them and judging them is as unfair as them doing it to us. Remember this constitution replaces the *international treaties* not everybody's national constitutions. It really isn't supposed to grant them a "bill of rights" as a national citizen but more of what being an EU citizen gains.

It's different.
 
The only Constitution worth the paper it was written on was the one penned by Madison and company over 200 years ago.

Only our Constitution recognizes the inherent and supreme authority of the people, and that government isn't the source of our Rights, but rather simply a mechanism for protecting our Rights.

And as such, it can be "altered or abolished" at any time, according to Jefferson.
 
Their Bill of Rights isn't a Bill of Rights at all. There is nothing in there the state isn't authorized to control or regulate. They even allow for the state to separate a child from its parents for any reason of the state's.

Call me crazy, but this looks like a blue print for 1984.

At present both the US and the EU need each other, but if this thing goes through and things go as far down the crapper as everyone is predicting they will be the next communist nation. We will loose them as a trading partner and they will become our enemy.

Also, we will see people immigrating from the EU to the US just to get a better life and bringing the disease of socialism with them.
 
The family shall enjoy legal, economic and social protection.
What the hell does that mean?! Sounds like a line taken from Marx.

And where does it recognize an individual’s right to self protection? Or the right to keep and bear arms?

Everyone has the right to education and to have access to vocational and continuing training… This right includes the possibility to receive free compulsory education.
Free? Are they also saying no tax money will be taken from the people to fund education? So it’s not really “free,†is it? Idiots.

the right of every person to have access to his or her file.
File? What file?
 
One good thing. Looks as if the Europeans at least won't be starting another world war any time soon. They won't be doing much of anything useful either, which is too bad. Spending their capitol on feeding their bellies, I give them a few decades at best before they fall into the latin american economic trap.
 
That whole load of B.S. spells out ONE "right", The right to be a loyal subject of the unionized european monarchy.

Sucks to be a european. :eek:
 
I didn't read the whole thing 'cause I was starting to get nauseous. My impression of that "Bill of Rights" was that it was very similar to nailing Jello to a wall.
 
Don't get me started on the future EU constitution...

Even the current German constitution is better than this one. I used to be very pro-EU when I first entered public service but I'm getting more and more critical of it.

The bottom line is that a lot of people over here think that justice and equality (whatever that means ) ) can only be achieved by having rules and regulations for everything.

Basically we're drowning in senseless and often petty legislation.

My second great criticism is that the EU constitution really is only some sort of follow-up document for earlier European treaties (as someone already mentioned here). They should have started over from scratch and keep it more simple.

The problem with that is that they also kept some rather undemocratic structures. A major part of the EU legislation has been created not by the EU parliament as the legislative branch, but by the European Council which is pretty much a club of head-of-states and ministers of the member states.

There is one very interesting fact about the new constitution: almost all political parties stated that they would NOT like a popular vote on it. In Germany only the FDP (Free German Party, which is the closest thing to a liberty-minded party we have) suggested letting the people decide about a constitution.

The reason that was brought forward was that most politicians were afraid of the voters turning the vote into a complaint about things that weren't going right in Brussels and rejecting this draft... "Hey, imagine that... if we let them have a say in it they could actually vote WRONG!! We really can't have that, now, can we?"

Sheesh.
 
I share many of your frustrations Trooper.

The 'UK Independence Party' did reasonably well at our recent Euro election, there is some form of backlash against Europe.

For instance imagine this: Cornish fishermen get told by the EU they can't fish in British waters, they pay their tax some of which goes to the EU. The EU then pays subsidies, a large amount of which goes to Spain and Spanish fishermen. The very same fishermen who are being allowed to fish in British waters where Cornish fishermen aren't allowed to.

We are going to get a referendum, but it will be a referendum on the Constitution - which as you say is nothing more than a compilation of clauses from previously signed treaties - not on the EU itself.

I'm in agreement with TCD though, don't judge any EU document by American standards, the standards are quite different in Europe. And for the most part they agree with Europeans, which you may not be able to fathom in much the same way some Europeans can't fathom the Second Amendment.
 
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