Galactic Constitution/sandbox

Proceeding from the equality of the two member states, the state of Montenegro and the state of Serbia which includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija, the latter currently under international administration in accordance with UN SC resolution 1244, and on the basis of the Proceeding Points for the Restructuring of Relations between Serbia and Montenegro of 14 March 2002, The National Assembly of the Republic of Serbia, the Assembly of the Republic of Montenegro and the Federal Assembly have adopted the following: CONSTITUTIONAL CHARTER OF THE STATE UNION OF SERBIA AND MONTENEGRO

I

Name Article 1 The name of the state union shall be the Galactic Republic. Principle of Equality Article 2 The Galactic Republic shall be based on the Sovereign equality of the member States thereof. Aims Article 3 The aims of the Galactic Republic shall be: − respect for Sentient rights of all persons under its jurisdiction; − to preserve and promote human dignity, equality and the rule of law; − to promote among the several member States the harmonization of economic regulations and practices with uniform Galactic economic standards; − to create a market economy based on free enterprise, fair competition and social Justice; − to establish and ensure among member States the smooth operation of the common market within its territory, through coordination and harmonization of the economic systems of the various member States. Symbols Article 4 The Galactic Republic shall have its flag, anthem and emblem that shall be regulated by the law of the Galactic Republic. Territory Article 5 The territory of the Galactic Republic shall be made up of the territories of the member States that shall have ratified and acceded to this Constitution. The border of the Galactic Republic shall be inviolable. The borders between the member States shall be unchangeable, except by mutual consent. Seat of the Institutions Article 6 The planet Caprica, of the Eleutherian Union, shall be the administrative center of the Galactic Republic. The seat of the Congress of the Galactic Republic and the Council of Ministers shall be located on Caprica and the seat of the supreme Court of the Galactic Republic on the planet Kobol, of the Eleutherian Union.. Citizenship Article 7 A citizen of a member State shall also be a citizen of the Galactic Republic. A citizen of a member State shall have equal rights and duties in the several member States as its own citizen, except for the rights of suffrage, election, ownership of property, and others which may be excluded by a decision of a two-thirds majority of the members of the Congress.

II

The Declaration of Rights, Liberties, and Privileges and Immunities Article 8 A Declaration of Rights, Liberties, and Privileges and Immunities, which shall form an integral part of the Constitution, shall be established between the several member States under like Procedure and in like Manner as to their establishment of this Constitution between the member States so ratifying the same. The names "Delcaration of Rights, Liberties, and Privileges and Immunities" and "Declaration of Rights" shall be equal. Exercise of Rights, Liberties, and Privileges and Immunities Article 9 The member States shall regulate, ensure and protect Rights, Freedoms, and Privileges and Immunities in their respective territory. The attained level of sentient and minority Rights; of individual, collective and civil Liberties; and of the Privileges and Immunities of citizens may not be lowered. The Galactic Republic shall monitor the exercise of sentient and minority Rights; of individual, collective and civil Liberties; and of the Privileges and Immunities of citizens and ensure their protection in the case when such protection has not been provided in the member States. Direct Implementation of International Agreements Article 10 The provisions of international treaties on sentient and minority Rights; of individual, collective and civil Liberties; and of the Privileges and Immunities of citizens applying to the territory of the Galactic Republic shall be directly enforced.

III

Principles of Market Economy Article 11 Economic relations in the Galactic Republic shall be based on the market economy underpinned by free enterprise, competition, a liberal internal and external trade policy and the protection of property. The Galactic Republic shall coordinate the economic systems and harmonize them with the member States. Common Market Article 12 The Galactic Republic shall have a common market. The smooth operation of the common market shall be the responsibility of the member States. Freedom of Movement Article 13 Movement of people, goods, services and capital in the Galactic Republic shall be free. Setting obstacles to the free flow of people, goods, services and capital between the respective member States shall be prohibited.

IV International Entity Article 14 The Galactic Republic shall be a single personality in the Law of States. The member States may be members of international galactic and regional organizations. Establishing and Maintenance International Relations Article 15 The Galactic Republic shall establish international relations with other states and international organizations and shall conclude international treaties and agreements. The member States may maintain international relations, conclude international agreements and establish their representative offices in other states if that is not in conflict with the competences of the Galactic Republic or the interests of the other member States. Precedence of the International Law Article 16 The ratified international treaties and generally accepted rules of international law shall have precedence over the law of the Galactic Republic and the laws of the member states.

V

Establishing Competences of the Galactic Republic Article 17 The Galactic Republic shall only have those competences as shall be expressly delegated thereto by this Constitution. All powers not expressly delegated to the Galactic Republic by this Constitution, nor expressly prohibited by it to the member States, are reserved expressly and exclusively to the member States, respectively. Financing of Competences of the Galactic Republic Article 18 The member States shall secure the financial means for the performance of the enumerated competences of the Galactic Republic.

VI Competence Article 19 The Congress of the Galactic Republic shall enact laws and other instruments governing: − the institutions established in line with this Constitution and their operation; − the enforcement of international law and the conventions laying down the obligations of the member States to cooperate with international courts; − issues pertaining to standardization, intellectual property, measurements and precious metals and statistics; − ratification of international treaties and agreements of the Galactic Republic; − the annual revenues and expenditures required for financing the competences entrusted to the Galactic Republic at the proposal of the competent bodies of the member States and the Council of Ministers; − the prevention and removal of obstacles to the free movement of persons, goods, services and capital within the Galactic Republic; − the election of the Chancellor of the Galactic Republic and the Council of Ministers; − the flag, anthem and emblem of the Galactic Republic; The Congress of the Galactic Republic shall also perform other duties within the competence of the Galactic Republic expressly delegated thereto by the this Constitution. The Congress of the Galactic Republic shall adopt its Rules of Procedure. Composition and Election Article 20 The Congress of the Galactic Republic shall be unicameral and shall be composed of no less than two and no more than seven Senators from each member State, chosen therefrom pursuant to the laws thereof, for six Years; with a power reserved to each member State to recall its Senators, or any of them, and to send others in their stead for the remainder of the term; and each member State shall have one Vote. President and Vice-President of the Congress of the Galactic Republic Article 21 The Congress shall elect from among its members a President and also a Vice-President. The President of the Congress shall by virtue of that office be Chancellor of the Galactic Republic. Incompatibility of Functions Article 22 The Congress shall by law provide for the order of succession in case of absence or incapacitation of both the President and Vice-President, declaring what Officer and in what order in which succession shall take place. Manner of Decision-Making Article 23 Decisions of the Congress of the Galactic Republic shall be by consensus. Freedom of Expression and Immunity Article 24 Each Senator shall enjoy the freedom of expression in the Congress and shall have immunity for the words uttered and for other acts he performs in his capacity as Senator. No Senator shall be called to answer, detained or punished without the approval of the Congress, except in cases of treason, felony, breach of the peace, or other high crimes and misdemeanors. Apart from Senators, the Chancellor, the members of the Council of Ministers and the judges of the Courts of the Galactic Republic shall have immunity as well. The Right to Submit a Draft Law Article 25 The Chancellor, a Senator, and a member State may submit a draft law to the Congress. Competence Article 26 The Chancellor of the Galactic Republic shall: − represent the Galactic Republic at home and abroad; − chair the Council of Ministers and administer its work; − propose to the Congress the members of the Council of Ministers and relief of duty of its members; − pass decrees on the appointment and relief of duty of chiefs of diplomatic consular missions of the Galactic Republic and receives letters of credence and recall from foreign diplomatic representatives; − confer awards and other decorations; − proclaim laws passed by the Congress and the regulations passed by the Council of Ministers; − call elections for the Congress and also perform other duties laid down by the Constitutional Charter. Election Article 27 The President and the Vice-President of the Assembly of Serbia and Montenegro shall propose to the Assembly a candidate for the President of Serbia and Montenegro. If the proposed candidate fails to win the requisite number of votes, the President and the Vice-President of the Assembly shall, within 10 days, propose a new candidate. If that candidate, too, fails to poll the requisite number of votes, the Assembly shall be dissolved and elections shall be called. If the elected President of Serbia and Montenegro is from the same member state as the President of the Assembly of Serbia and Montenegro, the President and the Vice-President of the Assembly of Serbia and Montenegro shall switch their posts. The President of Serbia and Montenegro may not be from the same member state for two consecutive terms. The procedure for the election and relief o duty of the President of Serbia and Montenegro shall be determined by law. Accountability Article 28 The President of Serbia and Montenegro shall answer to the Assembly of Serbia and Montenegro. The term of Office Article 29 The term of office of the President of Serbia and Montenegro shall last four years. Termination of Office Article 30 The Serbia and Montenegro President’s term of office may cease prematurely by his resignation, relief of duty and the dissolution of the Assembly of Serbia and Montenegro. The Serbia and Montenegro President’s term of office shall cease by his resignation when the Assembly takes note of it. Relief of Duty Article 31 The Assembly may relieve the President of Serbia and Montenegro of his duty if it is established that he has infringed upon the Constitutional Charter. The infringement of the Constitutional Charter shall be established by the Court of Serbia and Montenegro. The procedure to establish the infringement of the Constitutional Charter shall be initiated by the Assembly of Serbia and Montenegro. Performing Duties Following the Termination of Office Article 32 The President of Serbia and Montenegro whose term of office has ceased due to the dissolution of the Assembly of Serbia and Montenegro shall continue to carry out his duty pending the election of a new President. If the President of Serbia and Montenegro tenders his resignation or is relieved of his duty, his office shall, pending the election of a new President of Serbia and Montenegro, be assumed on a provisional basis by the Vice-President of the Assembly.

Competence Article 33 The Council of Ministers shall: − chart and pursue the policy of Serbia and Montenegro in tune with the jointly agreed policy and interests of the member states; − coordinate the work of the Ministries; − propose to the Assembly of Serbia and Montenegro the laws and other acts falling within the purview of the Ministries; − appoint and relieve of duty the heads of diplomatic-consular missions of Serbia and Montenegro and other officials in line with the law; − pass by-laws, decisions and other general enactments for enforcement of the laws of Serbia and Montenegro and perform other executive duties in accordance with the present Constitutional Charter. The Manner of Representation of Serbia and Montenegro Article 34 The member states shall be represented on a parity basis and on a rotation principle in the representative offices of Serbia and Montenegro to international organizations, the United Nations, the Organization for Security and Cooperation in Europe, the European Union and the Council of Europe. The manner of representation of the member states in international financial organizations shall be determined by the Council of Ministers subject to the approval of the competent institutions of the member states. The representation of the member states in diplomatic-consular missions of Serbia and Montenegro shall be determined by the Council of Ministers subject to the approval of the competent institutions of the member states. Election Article 35 The President of Serbia and Montenegro shall propose to the Assembly of Serbia and Montenegro candidates for Ministers of the Council of Ministers and candidates for the Deputy Minister of Foreign Affairs and Deputy Minister of Defense. Two candidates for Minister shall be from the same member state as the President of Serbia and Montenegro and three shall be from the other member state. The candidates for the Minister of Foreign Affairs and the Minister of Defense shall be from different member states and the same shall apply to their Deputies as well. The Assembly shall vote for the list of candidates for the Council of Ministers. If the list does not obtain the requisite number of votes, the President may propose two more lists of candidates. If a list of candidates does not obtain the requisite number of votes within 60 days as of the date of the proposal of the first list of candidates, the Assembly of Serbia and Montenegro shall be dissolved and elections shall be called. The procedure for the election and the termination of the term of office of the Council of Ministers shall be determined by law. Manner of Decision-Making Article 36 The Council of Ministers shall pass decisions by a majority vote. If both proposals win the same number of votes, the vote of the President shall be decisive if at least one Minister from the other member state has voted in favor of the decision. Accountability Article 37 The Council of Ministers shall answer to the Assembly of Serbia and Montenegro. Term of Office Article 38 The Ministers shall have a 4-year term of office. The Termination of the Term of Office Article 39 The term of office of the Ministers and their Deputies may cease prematurely by their resignation, by the vote of no confidence or by the dissolution of the Assembly of Serbia and Montenegro. The Ministers and Deputy Ministers whose term of office has been terminated shall discharge their functions pending the election of new ones. Ministers Article 40 The Minister of Foreign Affairs shall pursue and shall be responsible for the pursuit of the foreign policy of Serbia and Montenegro, shall negotiate international agreements and propose to the Council of Ministers candidates for heads of diplomatic-consular missions of Serbia and Montenegro. The Minister of Foreign Affairs shall coordinate the charting of foreign policy with the competent bodies of the member states. Article 41 The Minister of Defense shall coordinate and implement the charted defense policy and command the military in accordance with the law and the powers of the Supreme Command Council. The Minister of Defense shall propose to the Supreme Command Council candidates for posts and shall appoint, promote and relieve of duty military officers in line with the law. The Minister of Defense shall be a civilian. Article 42 After a period of 2 years, the Ministers of Foreign Affairs and of Defense shall switch posts with their Deputies. Article 43 The Minister of Foreign Economic Relations shall be responsible for negotiations and coordination of the implementation of international agreements including treaty relations with the European Union and coordination of relations with international economic and financial institutions following the consultation with the competent Ministers of the member states. Article 44 The Minister for Internal Economic Relations shall be responsible for the coordination and harmonization of the member states’ economic systems in order to establish and ensure the smooth operation of the common market including the free movement of people, goods, services and capital. Article 45 The Minister of Human and Minority Rights shall monitor the exercise of human and minority rights and, together with the competent bodies of the member states, shall coordinate activities for the implementation and compliance with international conventions for the protection of human and minority rights. Jurisdiction Article 46 The Court shall be competent to adjudicate: − cases between the institutions of Serbia and Montenegro concerning the issues falling within their competence under the Constitutional Charter; − cases between Serbia and Montenegro and one or both member states or between the two member states concerning issues falling within their purview; − appeals filed by citizens if no other legal remedies have been stipulated, in the case that an institution of Serbia and Montenegro has interfered with the rights and freedoms that are guaranteed to them by the Constitutional Charter; − compatibility of the Constitutions of the member states with the Constitutional Charter; − compatibility of the laws of Serbia and Montenegro with the Constitutional Charter; − compatibility of the laws of the member states with the law of the Serbia and Montenegro; − legality of final administrative acts of the institutions of Serbia and Montenegro. The Court shall take legal positions and give legal opinions on the activities to bring jurisprudence more closely into line. Members and Election Article 47 The Court of Serbia and Montenegro shall include an equal number of judges from both member states. The judges of the Court of Serbia and Montenegro shall be elected by the Assembly of Serbia and Montenegro upon the proposal of the Council of Ministers for a period of 6 years. The judges shall be graduate jurists with at least 15 years of practical experience in that line of activity. The judges may be elected only once. The judges shall be independent in their work and may not be relieved of duty prior to the expiry of the period for which they have been elected, except in cases stipulated by law. Decisions of the Court Article 48 The decisions of the Court of Serbia and Montenegro shall be binding and without the right of appeal. The Court shall be authorized to put in abeyance the laws, other regulations and acts of the institutions of Serbia and Montenegro that are in conflict with the Constitutional Charter and with the laws of Serbia and Montenegro. Operation of the Court Article 49 When assessing whether the laws or competences of the member states are in line with the laws and responsibilities of Serbia and Montenegro or whether this is the case between the member states, the deliberations at the meeting of the Court of Serbia and Montenegro shall also be attended by the judges of the Constitutional Courts of the member states who shall take part in decision-making. When assessing whether the Constitution, laws or competences of a member state is in line with the Constitutional Charter, the laws and competences of Serbia and Montenegro, the deliberations at the meeting of the Court of Serbia and Montenegro shall also be attended by the judges of the Constitutional Court of that particular member state who shall take part in decision-making. Organization, Functioning and the Manner of Decision-Making Article 50 The organization, functioning and the manner of decision-making of the Court of Serbia and Montenegro shall be regulated by law.

VII

Harmonization of the Legal Instruments Article 51 The Constitutional Charter, the laws and the competences of Serbia and Montenegro and the Constitutions, laws and competences of the member states must be harmonized. Entry into force Article 52 The laws and other acts of the bodies of Serbia and Montenegro shall come into force not sooner than on the 8th day following their publication. By way of exception, when reasons exist for this as determined under the procedure of the enactment of a particular law or act, it may be stipulated that the laws and other acts of the bodies of Serbia and Montenegro shall come into force not sooner than on the date of their publication. Retroactive Effect Article 53 The laws and other acts of the bodies of Serbia and Montenegro may not have retroactive effect. By way of exception, particular provisions of the law, if that is mandated by the public interest as determined under the procedure of its enactment, may have retroactive effect.

VIII

Army of Serbia and Montenegro Article 54 Serbia and Montenegro shall have an Army that shall be under democratic and civilian control. Duty of the Army of Serbia and Montenegro Article 55 The duty of the Army shall be to defend Serbia and Montenegro in line with the present Constitutional Charter and the principles of international law that regulate the use of force. The defense strategy shall be adopted by the Assembly of Serbia and Montenegro in accordance with the law. The Supreme Command Council Article 56 The Supreme Commander of the Army shall be the Supreme Command Council that shall decide on the use of the Army of Serbia and Montenegro. The Supreme Command Council shall include the President of Serbia and Montenegro and the Presidents of the member states. The Supreme Command Council shall take decisions by consensus. Doing the Military Service Article 57 Conscripts shall do their military service in the territory of the member state whose citizenship they hold. It shall be possible for them also to do this service in the territory of the other member state if they so freely decide. Conscientious Objection Article 58 A conscript shall be guaranteed the right to conscientious objection.

IX

Property of Serbia and Montenegro Article 59 The property of the Federal Republic of Yugoslavia required for the operation of the institutions of Serbia and Montenegro shall be the property of Serbia and Montenegro. The property of the Federal Republic of Yugoslavia abroad shall be the property of Serbia and Montenegro. The property of the Federal Republic of Yugoslavia located in the territory of the member states shall be the property of the member states on the territorial principle. Breaking Away from the State Union of Serbia and Montenegro Article 60 Upon the expiry of a 3-year period, member states shall have the right to initiate the proceedings for the change in its state status or for breaking away from the state union of Serbia and Montenegro. The decision on breaking away from the state union of Serbia and Montenegro shall be taken following a referendum. The law on referendum shall be passed by a member state bearing in mind the internationally recognized democratic standards. Should Montenegro break away from the state union of Serbia and Montenegro, the international instruments pertaining to the Federal Republic of Yugoslavia, particularly UN SC Resolution 1244, would concern and apply in their entirety to Serbia as the successor. A member state that implements this right shall not inherit the right to international personality and all disputable issues shall be separately regulated between the successor state and the newly independent state. Should both member states vote for a change in their respective state status or for independence in a referendum procedure, all disputable issues shall be regulated in a succession procedure just as was the case with the former Socialist Federal Republic of Yugoslavia.

X

Adoption of the Constitutional Charter Article 61 The Constitutional Charter shall be adopted by the National Assembly of the Republic of Serbia and the Republic of Montenegro in an identical text and shall take effect when that text is adopted and promulgated by the Federal Assembly. Change of the Constitutional Charter Article 62 The Constitutional Charter shall be changed under the procedure and in the manner in which the Constitutional Charter has been adopted.

XI

Transfer of Rights and Obligations Article 63 Upon the entry into force of the Constitutional Charter, all the rights and duties of the Federal Republic of Yugoslavia shall be transferred to Serbia and Montenegro in line with the Constitutional Charter. Enforcement of laws of the Federal Republic of Yugoslavia Article 64 The laws of the Federal Republic of Yugoslavia governing the affairs of Serbia and Montenegro shall be enforced as the laws of Serbia and Montenegro. The laws of the Federal Republic of Yugoslavia governing the affairs other than those of Serbia and Montenegro shall be enforced as the laws of the member states pending the adoption of the new regulations by the member states except for the laws which the Assembly of the member state concerned decides not to enforce. Harmonization with the Constitutional Charter Article 65 The member states shall amend their Constitutions or adopt new Constitutions in order to harmonize them with the present Constitutional Charter within 6 months as of the date of the adoption of the Constitutional Charter. Transfer of Competences Article 66 The competence of military courts, Military Prosecutor’s Offices and Military Attornies’ Offices shall be transferred to the authorities of the member states, in accordance with the law.

XII

Law on the Implementation of the Constitutional Charter Article 67 The Law on the Implementation of the Constitutional Charter shall be adopted in the same manner and concurrently with the Constitutional Charter.