A
Constitution for the Citizens of Europe
The
Constitution establishes the common values that
unify
the citizens and the States of the European Union.
Europe was
created
by the Founding Fathers as a true community of values.
The European Constitution is a real
social contract that establishes the common values
that unify European citizens. It
is a pact that unites the populations and
citizens of Europe who were divided for too long by wars
and totalitarian
trials.
The Constitution's preamble highlights
that the European Union is developing "the universal
values that comprise
the
inviolable and inalienable rights of
human beings,
as well as democracy, equality, freedom and the state of
law."
The
Constitution defines the fundamental values and
principles that are the foundations of the Union's
identity. It specifies that the "Union is open to all
European States that respect its values and that commit
themselves to promoting them together."
The Constitution asserts that the Union
is founded on the values of: respect of human dignity,
freedom, democracy, equality, the state of law, and the
respect of Human Rights,
which includes the rights of minorities.
The Constitution states that "these
values are common to Member States in a
pluralistic
society
defined by
non-discrimination, tolerance, justice,
solidarity,
and
equality between women and men."
This model is reflective of a society
unique to Europe.
One of the crucial conditions of admission for new
members is to respect these values, which reflects their
importance, and inversely, if a Member State do not
respect
those values, it risks expulsion from the Union. In
other words, the values of Europe are fundamental and
indisputable and contain a clear legal legitimacy.
Therefore, these values symbolize more than simple
ethical norms and declarations; they also represent
willingly accepted legal obligations.
Citizens'
Fundamental Rights
Above all,
a Constitution is a declaration of rights.
It
includes the Charter of Fundamental Rights (part II of
the Constitution adopted in December 2000.)
The Constitution grants the Charter legal
legitimacy, since a citizen may make reference to it
before the judicial courts.
Thus, the European Charter provides an
element essential to any constitution, and furthermore,
the incorporation of the Charter reinforces its
constitutional nature.
The Constitution leads to the acknowledgement of the
Charter of Fundamental Rights:
-
Dignity: which reassures that “no one can
be sentenced to death or executed.”
- Freedom
: for example, the freedom of thought, conscience and
religion.
- Equality:
for example, non discrimination
in domains such as
cultural, religious, linguistic diversity, equality
between men and women.
-
Solidarity: for example, protection in the case of
unjustified dismissal and the right to just and fair
working conditions.
-
Citizenship : for example, the right to vote and
petition.
- Justice
: for example, the presumption of innocence and the
right to legal defense.
This means that Europe is not simply a
market
or a space of free movement, but an area
of rights and values that aim to protect the dignity and
freedom of its citizens
following the same trajectory that was
initiated in 1950 by the European Convention of Human
Rights at the Council of Europe.
The
incorporation
of the Charter comprises an important
supplement,
which transforms the Union into a
democratic zone where fundamental rights have greater
recognition and are guaranteed.
The European common values and
fundamental rights
must be at the heart of the European
model of society.
©
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