Last update : 8-JAN-2000

The European Confederation

The next step for the EU

The European Union

Index
1. Introduction
2. States of Europe
3. Competences
4. Institutions
5. Representation
6. Common Defence
7. Telecommunications
8. Fundamental respect of the diversity of Member States


1. Introduction

Please, note that...
The replacement of the name 'Federation', by 'Confederation' is not a renunciation of European Federalism.

Two reasons "forced" me to change the name.

1. The most federal (from a democratic point of view) state in the world is Switzerland. And what is the official name of Switzerland : the Swiss Confederation. But it's no more a confederation since 1848. OK. But the name remains. And it's as a homage to this noble country that I renamed my project.

2. To have a genuine united Europe, we need the support of the most Eurosceptic people in Europe, the Britons!
And -- I don't know why -- the word FEDERATION has a very bad reputation on the other side of the Channel. For them, the words federal, federation and federalism mean unitary, Big Single State and centralisation. I know they're wrong, but how can I prove it to them ?
One of them told me that the word Confederation could be better accepted (as confederation means a union of 'sovereign' states -- and the Brits are worried about sovereignty).

So a European Confederation, will remain a federation of sovereign states, like Switzerland.

The name changes, the contents remains!

Here it is. The page that most of you have been waiting for. This page was created to show you how I hope the European Union will evolve. I know it's not me who originated the concept of the European Confederation, and that it is not a new idea, as the Europhobes could think, but I like the idea and I want to show my views on this subject, which is as old as the Treaty on the European Coal and Steel Community.

In a few years, after the ratification of the results of the 1996 Intergovernmental Conference, the EU will have 27 Member States. The problem is that the EU won't work with 27 members, if there are already problems with 15 Member States. The problem comes from the founding of the EC, a community made for six members (France, Germany, Italy, The Netherlands, Belgium and Luxembourg). The function of the EU needs to be radically changed. That was the aim of the IGC. Unfortunately, it failed. The way is still clear for federalist reforms.
Cooperation between independent states is a good thing, that makes the spirit of the actual Union. But the approval of all the members' governments is needed to conduct European directives. And if one state says 'No', the process is blocked.

The only way for a union of 27 states (and more members, if some regions become independent) to work efficiently, is to have a federal structure. I know there are eurosceptics in the "nation-states"; some who will never accept the loss of their country's independence, even the break-out of its political structure. But it's now time to create a federal Union, to strengthen our position in the global economy, to increase democracy, to bring power closer to the citizen, and to affirm the WEU as the European pillar of NATO.
But States are still keeping the "federal powers", allowing just cooperation between them. It is time to reform the geopolitical face of Europe.

I need your advice, your ideas and your views to advance this project. If you find problems, mistakes, errors... please let me know.

1.1. Genesis of the European Confederation by the modification of the EU.

A lot of my ideas are inspired by the JEF (Young European Federalists), but I don't represent them. Look at their WEB site, it's interesting. I also think that the federal Constitution of Switzerland could be an important document in the shaping of a European Constitution.

The EU is not (yet) a genuine federation. It's more a confederation, but it does not function as a full democracy. My ideas are intended to modify the political structures of the EU to turn it into a federal and more democratic union. It's not its States which will govern the EU, but a common government, independent from the Member States' governments, accountable to the directly elected European Parliament, and so to the peoples of Europe...

Presently, the European Parliament is the most democratic institution of the Union. But, unlike other parliaments, it lacks the authority to initiate laws, and to take decisions on the same level as the Council. In the IGC, it has been decided to extend the co-decision procedure (Council and Parliament are equal), but there are still lots of situations where the EP is inferior to the Council.

The clear separation of powers is needed: executive to the Commission and legislative to the Parliament, so the representatives of the people can be empowered to initiate law, and the Commission can execute these laws. The present Commission is the embryo of a European government. But it is up to the Parliament to propose the Commisionners, not the countries' governments. Eventually, the Commission has to be replaced by a European government. Maybe the "President of the European Union" could be elected by the European citizens. If there is such a government, the Council of Ministers will be abolished and replaced by a new house in the European Parliament : a Senate of the Union -- but which still represents the Member States. The principle of subsidiarity shall be modified to act as its first aim : sovereignty at the lowest level of government possible but at the highest level necessary. Subsidiarity is not to serve "national interests" against the EU.

Note: hereby, the terms Confederation and EU will be used alternately. But finally, the official term 'European Union' shall be saveguarded.


2. States of Europe

Due to the time needed to load this part of the page, we have put it on another file.


3. Competences

3.1. The competences of the Confederation

The Confederation shall be competent to the exclusion of its Member States in the following areas:

I. Within the field of Economic and Commercial Policy for:

The creation, the maintenance and the adaptation of a single market, with free movement of goods, persons, capital and services, within the European Union, including:
Copyright and trademark legislation,
Competition Policy,
State aids,
Fisheries,
Agricultural policy,
Energy and nuclear power,
Trans-European networks,
Mutual recognition of diplomas of higher education,
Monetary policy and the management of a single currency,
Customs union and tariffs, antidumping legislation, external trade and commercial policy.

II. Within the field of Foreign and Security Policy for:

Defence of the territory of the Union and its outside frontiers, upholding of the principles of the United Nations around the world.
The making of treaties on behalf of the European Union within its exclusive competences.

III. Within the field of Justice and Home Affairs for:

Immigration and border controls,
The fight against organised, transnational crime.

IV. Environmental legislation in cases where more than one Member State is affected.

This does not preclude the European Assembly to entrust the Member States with the execution of the laws it passes within its exclusive competences, under the supervision of the Commission.



The European Confederation and the Member States have shared competences in the fields of:

I. Within the field of Economic and Monetary Policy for:

Consumer protection, Social policy, Research and technology, Natural resources.

II. Within the field of Foreign and Security Policy for

Foreign aid.

III. Citizenship and Human Rights

IV. Culture and Higher Education

V. Tourism

Within these areas the Union has the right to harmonise the legislations of the Member States and to pass legislation providing a framework within which its Member States can act. The implementation of this legislation shall be supervised and co-ordinated by the Commission acting in co-operation with the governments of the Member States.

The European Assembly shall have the power to make all laws, which shall be necessary and proper for carrying into execution its competences and all other competences vested by this Constitution into the institutions of the European Union.

The European Assembly promulgates the laws of the European Union and the Commission executes them, unless the Constitution decides otherwise.

The budget of the European Union is voted by a simple majority in the European Assembly, in as far as it does not exceed 3% of its gross domestic product. A budget rise of the European Union beyond 3% of its gross domestic product, has to be approved by the European Assembly with a qualified majority in both Houses.

The Confederation, being a federation of sovereign states, is not a federal state, and should have a restricted amount of powers, the majority remaining national, regional and local.

3.2. Powers of the Member States

The Member States of the European Union shall have exclusive competence in all areas not covered by the Confederation.
Everything that is not federal. That is: national economy, commerce, education, culture, public works, national home affairs (each State has its police force), public regional transport (buses & trams), youth and sports, employment, urbanism, housing, supervision at District level (provinces, départements, counties...) and the local level (cities and towns)... Somes of these powers are shared with the Confederation (eg: education is a State's power, but the Confederation decides the legal age, the equivalence of diplomas; environment is a European power, but States can conduct local policies). The States have the right to conduct some international agreements (cultural, economic...).
The States have the right to adopt common laws. That means they can create a Council of ministers to adopt a common European decision for some matters, to avoid too big disparities between States. So laws which are from national decisions are the same for all the States. The Justice is a European matter, but States have some different laws. There are States' Civil Codes. In justice, there are common laws, valid in all the Member States, and some laws different from a Member State to another.


4. Institutions

4.1. European Confederation Institutions

The Confederation has its own Constitution (supreme and fundamental law of the Union; it is completed with constitutional laws, inspired from the Treaties establishing the European Coal and Steel Community, the European Community, the European Atomic Energy Community, the European Union, the Single Act, and the Treaty of Amsterdam). It has also its flag, its anthem (Ode to Joy), and its currency: the euro (symbol: €), circulating in all the Member States, plus the customs associated countries (Andorra, Monaco, San Marino, Vaticano), with the possible exception of some states like Ellas, Danmark, Sverige or England.
The capital of the European Union shall be Brussels, region of Brussels-Capital, seat of the Executive and the Legislative powers. Luxembourg shall be the seat of the Judiciary power, Frankfurt shall be the seat of the European Central Bank.

The European Commission is the supreme executive authority of the European Union.

The Commission is composed of a maximum of 15 members.
The members of the Commission are elected by the European Assembly after each integral renewal of the European Parliament, and they are chosen among the MEPs. They get their seats back when they are no more Commisioners.
The Commission may not count more than one member coming from the same Member State.

The President of the European Union (hereafter called "President") is not a USA-like President. He is head of state, and of government, but he is primus inter pares, among the Commissioners. He is the representative of the Union in the world, and his powers are like those of the President of the Swiss Confederation.
The President presides the Commission.
The President and the Vice-President of the Commission (hereafter called "Vice-President") are elected by the European Assembly among the members of the Commission, for a term of one year.
These mandates are not renewable for the following year. The leaving President may not be elected Vice-President. If the President is not able to govern (disease, death, impeachment...), the Vice-President shall take office and shall continue the term. Even if he assumed the Presidency for more than 6 months, the Vice-President may be elected as President, the following year.

The Commission decides in collegiate authority.
For the preparation and the execution of decisions, the Commission's affairs are reparted between its members by Directorate-Generals.

The Commission is responsible before the European Parliament, and may not dissolve it.
The Commission, like the two houses of the European Assembly, has the right to initiate a legislation. It has no veto right.

The legislative power is held by the European Assembly. The Assembly is composed of two houses : the European Parliament (hereafter called "Parliament"), representative of the European citizens and the Senate of the Union (hereafter called "Senate"), representative of the Member States.

Each Member State is represented by two Senators. Elections to the Senate are decided and organized by the Member States. That means, for example, that Senators may be elected by FPTP system in such Member State, alternative vote in such other, or designated by the national parliament in such other Member State.
The role of the Senate is to vote the laws with a view to represent the opinion and to protect the interests of the Member States.

The number of Members of the European Parliament shall not exceed 700. They are elected by the European citizens, which have reached the age of 18; the Member States being the electoral constituencies. In the case of federal Member States, or if official minorities exist in the Member States, the constituency can be replaced by more representative constituencies.
Both houses of the European Assembly shall have the same powers.
The European Court of Justice may annul the European laws if they are incompatible with the European Constitution, or if they encroach on the Member States' sovereignty.
The Parliament has the right to force a Commissioner, or the whole Commission, to resign if two thirds of the MEPs (Members of the European Parliament) vote a censure motion. In this case, the Assembly must elect a new Commission, to finish the term.
A bill becomes an act when it has been voted by a majority of the members of each of the houses. The debates and the votes of the houses of the Assembly shall be made public and the results published. Both houses shall have the right to amend a bill. When the Senate has voted the bill, it is published in the official Journal of the EU, and the Commission can execute the law.
In certain areas, a qualified majority of 2 thirds of the votes is needed in the Assembly: for the revision of the Constitution and its constitutional laws, the adoption of international agreements, the enlargement of the Union and for the level of its own resources.

The Judicial power (Luxembourg) is held by the European Court of Justice (herefater called "Court"). The law reglements the organization of the Court. The European right shall take precedence over Member State's right, when they conflict. The Court is the supreme jurisdiction in the Confederation.
The Court verify if the laws voted by the European Assembly are in agreement with the Consitution and the federal laws.

4.2. Member States Institutions

It's up to the Member States' citizens to decide what type of government their countries need. Each Member State is sovereign, and independent, as long its sovereignty is not contrary to the European Constitution. The Member States shall be democratic. The Member States shall at the best keep their actual constitutional status.

Each Member State has its Constitution (guaranteed by the European Assembly), its executive, its legislature, its anthem and its flag. There are two kinds of Member States: the unitary and the federative ones. The federative Member States are grouping autonomous districts which cannot become independent Member States (smallness, too less inhabitants...). This scheme will apply for the Member States containing regional or linguistic, minority if actual states refuse to give independence to their regions, or if countries like Switzerland join the Union.
The Member State's constitutional status is free: it may be a republic or a monarchy. By this right, Member States can conserve king or queen at their head. The only restriction being that a monarch shall not be head of government.

Each Member State shall keep the right to secede from the European Confederation. Secession shall be allowed by the European Assembly, if a majority of voters decides to secede in a Member State referendum.


5. The representation of the Confederation and the Member States in the world

There are two areas of representation: Europe and the world. In Europe, each Member State shall have representation. The Confederation is allowed to be represented.
In the world, the Confederation shall have representation. The Member States are allowed to be represented.

At the UN, the European Confederation shall have one seat in the Security Council. Each Member State shall keep its seat in the General Assembly. In Europe, the Confederation is associated with the EFTA and the Eastern countries to form the new European Community (free-trade, free movement of goods, person, services and capital).

As said above, Member States can conduct affairs with other countries. Eg: for the rally of French-speaking countries: Québec, Wallonia, Brussels-Capital, Romance Switzerland, France, Occitania, Bretagne, Alsace, Corsica, Savoie, Valle d'Aoste, Luxembourg, African countries...). In such rallies, the Confederation cannot participate directly. In theory, the Member States delegate some powers to common institutions. They can act as independent countries, but they cannot do things which are not compatible with the European laws.

In Europe, the Confederation has its embassy in other countries, Member States can have their own embassies inside or outside the European embassy. Member States shall have consulates and tourism offices. In the rest of the world, the Confederation has its embassy, but the States are allowed to have their own embassies. They have also consulates and tourism offices. Member States are allowed to open tourism offices in other Member States.

The two-areas scheme applies also at sports level:
In Europe, each Member State shall participate on its own. The Confederation is allowed to participate. E.G. at the European Football Cup, each Member State's team shall have the right to participate.
At world level, the Confederation shall have its own team. But Member States can have their own teams.


6. The Common Defence (WEU) and the Member States' armies

Each Member State has its own army, but it cannot use it as it wants. The armies are regrouped in the Ministry of the Common Defence (former WEU) which decides the use of the armies for the best European interests.
Member States are not obliged to participate in the Common Defence. Neutral Member States (like Sweden, Éire or Austria) may preserve their army to join the Common defence organization, but if these Member States are military threatened, the Union must protect them.
Three kinds of armed forces can be formed at national and European levels : the Eurocorps: land forces; the EU Air Force and the European Navy.


7. The telecommunications in the Union

One important feature of the Confederation will be its single telephone system. Like in North America, the phone systems have to be liberalized.
A new organization shall be created: the EIPT (European Institute for the Post and the Telecommunications). Its role shall be to regulate the function of the telecom's market between the differents providers. The Post remaining a public service.

Here are some features:
The international code will be '3'. The use of the 00 for international calls will be generalized in the whole continent.
The ideal European number should have the following shape :
0123-1234567
but realistically, the number will looks like
0123(45)-1234567(8)
12=national codes; 3(45) = former intranational codes
For the moment the number of digits may vary from a Member State to another.
To arrive at this single form, we add national code to local prefix.
Eg: Belgium is 32 and Brussels is 02/xxx.xx.xx => Brussels, Flanders, will be 0322-xxx.xx.xx
United-Kingdom is 44 and London is 0171/xxx.xx.xx => London, England, will be 044171-xxx.xx.xx
Emergency number is 112. Other important numbers start with a '11'.

Sample of the new numbers

* means that the length of the phone number is not fixated GR: 030x + 7 digits ex: 0301/645.76.01 (or 030xx + 6 digits) NL: 031xx + 7 digits ex: 03121/548.51.11 (or 031xxx+ 6 digits) BE: 032x + 7 digits ex: 0322/512.00.53 (or 032xx + 6 digits) FR: 033x + 8 digits ex: 0331/45.49.93.93 ES: 034x + 7 digits ex: 0341/541.32.05 (or 034xx + 6 digits) IT: 039xx + 7 digits ex: 03945/803.21.94 (*) AT: 043x + 7 digits ex: 0431/533.32.90 (*) UK: 044xxx + 7 digits ex: 044171/233.14.22 (or 044xxxx + 6 digits) DK: 045 + 8 digits ex: 045/33.14.11.41 SE: 046x + 7 digits ex: 0468/678.86.56 (*) DE: 049xx + 7 digits ex: 04989/260.31.79 (*) GI: 050 + ? digits PT: 051x + 7 digits ex: 0511/923.48.23 (or 051xx + 5 digits) LU: 052 + 6 digits ex: 052/40.00.22 IE: 053x + 7 digits ex: 0531/679.82.03 (or 053xx + 5 digits) FI: 058x + 6 digits ex: 0589/40.69.63 Utility Nbs: 08xx + 7 digits ex: 0800/555.34.88 as freephone Premium rates:09xx + 7 digits

The Post Office remains a public service, but at European level. Each local Community (smallest administrative area) has its identification: XX-YYYYYY
XX = two digit state code (e.g : BE, DE, UK, NL, LU, ES, IT, IE, PT...) YYYYYY = a maximum of 6 digit alpha-numerical (letters and numbers) zip code.

A typical address could be

Joao-Giuseppe Von Williamsen
Eurostraat 245
NL-1123AB Amsterdam
European Union

With the help of Richard de Koning/NLPoli

8. Fundamental respect of the diversity of Member States

The Confederation shall never be one European single nation : the Confederation is to be a federation of nations, even if (one of) its official name is European Confederation.
No Member State should become the single ruler of the Confederation : the Confederation is based on the cooperation and equal status of its members.
Two following Presidents of any federal institution shall not be nationals of the same Member State.
There shall never be one single European official language. It is possible that a language is chosen as the "second common language for the peoples of the Union"; but such a language shall be equal to any other EU official language, and this common language should never be the official language of a Member State.
There shall never be one single Parliament or one single Governement for the whole Confederation : this federation is built on the principle of federalism -- a multi-tier government level, sharing the sovereignty of the peoples of the Union, respecting the principle of subsidiarity.

All these principles shall be inserted in the European Constitution.


It's all for now, thank you for having visited my page. Have a good time and...
Long Live Europe of the regions.

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This text was corrected for the first time by lkrakauer@internet.kronos.com, and a second time by Chuck Cavanaugh.


Waiburlin : Stéphane Dohet - 2000
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