Treaty Establishing the Germanian League
HIS IMPERIAL MAJESTY THE WIESER EMPEROR, HIS MAJESTY THE KING OF DANMARK, HIS MAJESTY THE KING OF EIFFELLAND AND THE LANDAMANN OF THE FREE STATE OF WENDMARK,
DETERMINED to lay the foundations of an ever closer union among the peoples of Germania,
RESOLVED to ensure the economic and social progress of their countries by common action to eliminate the trade barriers which divide Germania,
AFFIRMING as the essential objective of their efforts the constant improvements of the living and working conditions of their peoples,
RECOGNISING that the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition,
ANXIOUS to strengthen the unity of their economies and to ensure their harmonious development by reducing the differences existing between the various regions and the backwardness of the less favoured regions,
DETERMINED to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating,
HAVE DECIDED to create a GERMANIAN LEAGUE and to this end have designated as their Plenipotentiaries:
(List of plenipotentiaries not reproduced)
WHO, having exchanged their full powers, found in good and due form, have agreed as follows:
PART ONE: PRINCIPLES
TITLE I: COMMON PROVISIONS
TITLE I: COMMON PROVISIONS
Article 1
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a GERMANIAN LEAGUE.
Article 2
The League shall have as its task, by establishing a free trade area and by implementing policies or activities referred to in Article 3, to promote through the League a balanced and sustainable development of economic activities, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life among Member States.
Article 3 [SUP]1[/SUP]
The activities of the League shall include:
a. the prohibition between Member States of customs duties and quantitivate restrictions on the import and export of goods, and of all other measures having equivalent effect;
b. measures concerning the entry and movement of persons as provided for by the present Treaty;
c. the approximation of the laws of Member States to the extent required for the functioning of the free trade area;
d. encouragement for the establishment and development of trans-Germanian networks;
e. strengthening cooperation between Member States in the field of environmental protection;
f. strengthening cooperation between Member States in the field of research and technological development;
g. contributing to education and training of quality of the Member States;
h. strengthening cooperation between Member States in the fields of police and security, as well as judicial cooperation in criminal, civil and commercial matters;
i. any other objective set out by the Member States acting unanimously.
[SUP]1[/SUP]New content as per Art. 7, section 4 TCSGL.b. measures concerning the entry and movement of persons as provided for by the present Treaty;
c. the approximation of the laws of Member States to the extent required for the functioning of the free trade area;
d. encouragement for the establishment and development of trans-Germanian networks;
e. strengthening cooperation between Member States in the field of environmental protection;
f. strengthening cooperation between Member States in the field of research and technological development;
g. contributing to education and training of quality of the Member States;
h. strengthening cooperation between Member States in the fields of police and security, as well as judicial cooperation in criminal, civil and commercial matters;
i. any other objective set out by the Member States acting unanimously.
Article 4
The League shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.
The League shall not go beyond the powers attributed to it by the present treaty, except in cases where an extension of competences was agreed unanimously by the Member States.
Article 5
1. The tasks entrusted to the League shall be carried out by the following institutions:
a. the Council;
b. the Secretariat;
c. the Court of Economic Settlements.
2. Each institution shall act within the limits of the powers conferred upon it by this Treaty.b. the Secretariat;
c. the Court of Economic Settlements.
Article 6
Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the League. They shall facilitate the achievement of the League's tasks.
They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.
Member States shall reinforce their economic and territorial cohesion. They shall not act to the detriment of other Member States and shall aim for solidarity between them in their mutual relations and relations with third parties.
PART TWO: LEAGUE POLICIES
TITLE II: FREE MOVEMENT OF GOODS
Article 7
1.Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States.
2. Quantitative restrictions on imports and exports and all measures having equivalent effect shall be prohibited between Member States.
3. The provisions of this Treaty shall apply only to products originating in Member States as established under Article 9.
Article 8
The provisions of Article 7 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Article 9
1. To implement the free trade area, the League shall establish a Certification Agency, administered by the Secretariat. The Certification Agency shall be responsible to ensure the timely and efficient certification of products originating in Member States as per the procedures established by the Member States.
2. The staff of the Certification Agency shall be selected based on their competence and integrity among those whose independendence is beyond doubt. The Agency shall be funded from the League budget.
2. Only products certified by this agency as originating from a Member State shall enjoy the freedom of movement and be exempt from customs duties, quantitative restrictions or any measures of equivalent effect within the League.
Article 10
1. Goods destined for a Member State passing through the territory of another Member State, as well as goods originating from a Member State and destined for a third country passing through the territory of another Member State shall be considered in transit. Member States shall not levy customs duties on goods in transit.
2. Goods in transit may not be released on the market of a Member State other than that of its officially declared destination. Any such goods would no longer be considered in transit and subject to the customs duties of the Member State where they were released on the market.
3. The League shall establish the transit procedures to allow the implementation of the present Article. Representatives of the Member States shall meet no later than six months after the entry into force of this Treaty to formulate the relevant procedures.
4. Until such the regulation as mentioned in paragraph 3 has been established and approved by the Member States, a transitional regulation shall remain in place as established by Article 39.
TITLE III: FREE MOVEMENT OF PERSONS
Article 11
The Member States, realising that the free movement of persons goes hand in hand with free trade and economic development, shall seek to further improve the mobility of their nationals within the League. Until the development of a true single space in which Member State nationals would enjoy complete freedom of movement, the Member States shall agree to a limited freedom of movement for persons within the League space.
This limited freedom of movement shall not concern the free movement of workers and services, nor shall it concern the right of establishment.
Article 12
1. Nationals of Member States shall have the right of residence on the territory of another Member State for a period of up to three months without any any conditions or formalities other than the requirement to hold a valid identity card or passport. The same right shall be granted to family members who are not nationals of a Member State.
2. For the purposes of this Treaty, a family member is a person who is:
a. the spouse;
b. the partner with whom the Member State national has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
c. the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point d. ;
d. the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point b.
3. Host Member State means the Member State to which a national moves in order to exercise his/her right of free movement.b. the partner with whom the Member State national has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;
c. the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point d. ;
d. the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point b.
4. The present Article shall apply to Member State nationals who move to a Member State other than that of which they are a national, and to their family members as defined in point 2 of the present Article who accompany them.
Article 13
1. Without prejudice to the provisions on travel documents applicable to national border controls, all Member State nationals with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State.
2. No exit visa or equivalent formality may be imposed on the persons to whom paragraph 1 applies.
Article 14
1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant nationals of other Member States leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Member States nationals.
2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with national law. Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. For the purposes of this Treaty, possession of a valid residence card issued by a Member State shall exempt such family members from the visa requirement.
3. The host Member State shall not place an entry or exit stamp in the passport of family members who are not nationals of a Member State provided that they present a valid residence card issued by a Member State.
4. Where a Member State national, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.
5. The Member State may require the person concerned to report his/her presence within its territory within a reasonable and non-discriminatory period of time. Failure to comply with this requirement may make the person concerned liable to proportionate and non-discriminatory sanctions.
Article 15
1. To strengthen the development of education, the Member States shall agree to lift visa requirements on students who are nationals of other Member States that seek to study in the host Member State. Procedures and formalities for the obtaining of residency permits for such students shall be facilititated.
2. The League shall establish a student exchange programme to facilitate the mobility of university students among the Member States.
3. The League shall contribute to the development of quality education by encouraging cooperation between Member States in domains other than student exchange and, if necessary, by supporting their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems.
TITLE IV: SECURITY AND JUDICIAL COOPERATION
Article 16
1. The League shall facilitate cooperation between Member States in the field of police and judicial cooperation in criminal matters aimed at a high level of security by preventing and combatting crime within the League.
2. The League shall work towards the establishment of a system of mutual recognition of judgements and judicial decisions between Member States.
3. This Article shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.
Article 17
The League shall facilitate police cooperation involving all the Member States' competent authorities, including police, customs and other specialised law enforcement services.
The primary purpose of the reinforced police cooperation shall be to combat economic crime related to the implementation of the free trade area. Member States may unanimously extend cooperation to other domains.
Article 18
Member States shall elaborate common rules and procedures governing the transit and transport of hazardous materials, military hardware and fire arms throughout the League space.
The League shall be responsible for implementing such common rules and procedures.
Article 19
1. The League shall develop judicial cooperation in civil and commercial matters with the aim of establishing a system of mutual recognition of decisions on civil and commercial matters.
2. The Member States shall agree to the creation of a convention that would concern jurisdiction and the enforcement of judgements in civil and commercial matters. The representatives of the Member States shall meet no later than three months after the entry into force of the present Treaty.
TITLE V: TRANSPORT, NETWORKS AND ENVIRONMENT
Article 20
Within the framework of the implementation of the free trade area, Member States shall work to establish a harmonised transport policy.
Article 21
For the purpose of implementing Article 21, and taking into account the distinctive features of transport, the League shall, acting in accordance with the ordinary legislative procedure, lay down:
a. common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States;
b. the conditions under which non-resident carriers may operate transport services within a Member State;
c. measures to improve transport safety;
d. and other appropriate provisions.
Article 22b. the conditions under which non-resident carriers may operate transport services within a Member State;
c. measures to improve transport safety;
d. and other appropriate provisions.
1. The League shall contribute to the establishment and development of trans-Germanian networks in the areas of transport, telecommunications and energy infrastructures.
2. Action by the League shall aim at promoting the interconnection and interoperability of national networks as well as access to such networks.
Article 23
The Member States and the League shall conbtribute to the pursuit of preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources.
PART THREE: INSTITUTIONS AND MEMBER STATES' OBLIGATIONS
TITLE VI: MEMBER STATES' OBLIGATIONS
TITLE VI: MEMBER STATES' OBLIGATIONS
Article 24
1. Without prejudice to the application of the Charter of the Council of Nations and the resolutions of the Security Council, Member States shall renounce the use of force as an instrument in their mutual relations.
2. Member States shall adhere without reserve to the principle of good faith.
3. The principle of loyal cooperation and of good faith shall extend to both the Member States and the institutions of the League in their mutual relations.
Article 25
Member States may between them establish enhanced cooperation in the domains that are covered by the Treaty or are of relevance to the Treaty as decided by the Council. This enchanced cooperation may not be detrimental to the League or to other Member States. In case of conflict, the Court of Economic Settlements shall decide.
Article 26
Member States shall, within three months of the entry into force of this Treaty, submit to the Secretariat a comprehensive and exhaustive list of their international obligations in the field covered by this Treaty.
Member States shall keep the Secretariat duly and timely informed when they contract to new international obligations in the fields covered by this Treaty.
In their existing or future dealings with third parties, Member States shall not act to the detriment of the League or of other Member States in the domains covered by this Treaty or of relevance to the Treaty as decided by the Council.
TITLE VII: INSTITUTIONS
Article 27
1. The Council shall exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions within the domains laid down in this Treaty. Each Member State shall have one vote on the Council.
2. The Council shall consist of representatives of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.
3. Within the domains of integration and harmonisation established by this Treaty or unanimously agreed by Member States, the concrete measures and actions shall be approved by a qualified majority.
4. In cases where unanimity is required, the Council shall consist of the Heads of State or Government of the Member States.
5. Unanimity shall be required for the expansion of the domains of this Treaty or of the powers of the League, the admission of new Member States, the extension of the jurisdiction of the Court of Economic Settlements.
6. The General Affairs Council shall ensure consistency in the work of the Council. It shall prepare and ensure the follow-up to meetings of the Council, in liaison with the Secretariat.
Article 28
1. The Secretariat shall promote the general interest of the League and take appropriate initiatives to that end within the limits established by the Member States and the Council. It shall ensure the application of the Treaty. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions.
2. The Secretariat's term of office shall be three years.
The members of the Secretariat shall be chosen on the ground of their general competence and Germanian commitment from persons whose independence is beyond doubt.
3. The Secretariat shall be headed by the League Chairman.
The League Chairman shall:
a. lay down guidelines within which the Secretariat is to work;
b. decide on the internal organisation of the Secretariat, ensuring that it acts consistently, efficiently and as a collegiate body;
c. carry out other functions as established by the Council.
4. The members of the Secretariat shall be chosen from among the nationals of the Member States on the basis of strictly equal rotation between the Member States.b. decide on the internal organisation of the Secretariat, ensuring that it acts consistently, efficiently and as a collegiate body;
c. carry out other functions as established by the Council.
5. The initial number of Secretaries, not counting the League Chairman, shall be two from each Member State. The Council may modify this arrangement by a qualified majority vote.
6. The offices and administrative services of the Secretariat shall be organised in such a way as to render efficient the work of the Secretariat. The Council shall allocate sufficient budgetary means for this purpose.
TITLE VIII: COURT OF ECONOMIC SETTLEMENTS
Article 29
1. The Court of Economic Settlements shall ensure that in the interpretation and application of the Treaty the law is observed. It shall consist of the General Court and the Appelate Court, in accordance with the rules laid down for that purpose in the Statute of the Court of Economic Settlement of the Germanian League. It shall settle disputes between Member States and the institutions arising from the implementation of the Treaty.
2. The Court shall consist of an equal number of Judges from each Member State. It shall be assisted by Advocates-General. The Statute shall regulate the modalities.
The Judges and the Advocates-General of the Court shall be chosen from persons whose independence is beyond doubt. They shall be appointed by common accord of the governments of the Member States for four. Retiring Judges and Advocates-General may be reappointed.
3. The Court of Economic Settlements of the Germanian League shall, in accordance with the Treaty:
a. rule on actions by a Member State or an institution;
b. give preliminary rulings, at the request of courts or tribunals of the Member States, on interpretation of League acts or the validity thereof;
c. rule in other cases provided in the Treaty or set by the Council.
Article 30b. give preliminary rulings, at the request of courts or tribunals of the Member States, on interpretation of League acts or the validity thereof;
c. rule in other cases provided in the Treaty or set by the Council.
The State of the Court of Economic Settlements shall be adopted by the Member States at the same time as the adoption of the present Treaty.
Article 31
The Judges shall elect the President of the General Court from among their number for a term of two years. He may be re-elected.
The General Court shall appoint its Registrar and lay down the rules governing his service.
The General Court shall establish its Rules of Procedure in agreement with the Statute of the Court of Economic Settlements. Procedural rules shall require the approval of the Council.
Article 32
The Judges shall elect the President of the Appelate Court from among their number for a term of two years. He may be re-elected.
The Appelate Court shall appoint its Registrar and lay down the rules governing his services.
The Appelate Court shall establish its Rules of Procedure in agreement with the Statute of the Court of Economic Settlements. Procedural rules shall require the approval of the Council.
Article 33
The General and the Appelate Courts shall sit in separate chambers or in Grand Chambers. In cases foreseen by the Treaty, the Courts may sit in special chambers.
Each Court shall regulate the size of the chambers in accordance with the Statute of the Court of Economic Settlements of the Germanian League and under supervision of the Council. No less than three judges must sit at each hearing.
Article 34
The General Court shall serve as the first instance jurisdiction. Decisions of the General Court are binding upon Member States in absence of an appeal against the verdict.
The Appelate Court shall hear appeals against verdicts issued by the General Court. Decisions of the Appelate Court are final and binding upon Member States.
PART FOUR: MEMBERSHIP, ADDITIONAL AND FINAL PROVISIONS
TITLE IX: MEMBERSHIP
TITLE IX: MEMBERSHIP
Article 35
1. States that share a land or sea border with one or more Member States may accede to the Germanian League by application or invitation. Invitations may be issued by the Secretariat of the League at the initiative of the Member States acting unanimously only. Applications from a Candidate Country must be submitted to the Secretariat of the League, which shall inform the Council and the Member States.
2. A Candidate Country must without any reserves accept and adopt in its national legislation the entirety of the present Treaty and of any additional legislation and regulation adopted by the Member States or by the League, as well as adopt without reserves the case law of the Court of Economic Settlements.
3. Accession negotiations shall resolve the modalities of accession and regulate the admission process. Negotiations shall be carried out by the Secretariat in the name of the Germanian League according to procedures established by the Council.
Article 36
1. Candidate Countries must communicate to the Secretariat the complete and exhaustive list of their international obligations in the domains covered by the Treaty and any additional legislation adopted by the Member States.
2. Candidate Countries must take additional care to point out any conflicts of interests that their existing international obligations might have with League legislation.
Article 37
Candidate Countries must be approved by the Council in a unanimous vote before they become Member States of the Germanian League.
TITLE X: ADDITIONAL PROVISIONS
Article 38
The Central Germanian Free Trade Area between the Wieser Empire and the Free State of Wendmark shall be merged into the Germanian League within the extent of the domains covered by the Treaty Establishing the Germanian League.
Without prejudice to the application of the present Treaty, the domains of increased cooperation between the Wieser Empire and the Free State of Wendmark that fall outside the immediate domains of the present Treaty shall be treated under the modalities of Article 25 on enchanced cooperation between Member States.
At the request of a Member State, of the Council or of the Secretariat, the Court of Economic Settlements sitting in a special chamber shall rule on conflicts that might arise during the merger process.
Article 39
In accordance with the paragraph 4 of Article 10, under the transitional arrangement on transit, Member States shall continue to perceive customs duties. Such duties shall be reimbursed by the Member State upon reception of confirmation from another Member State's customs authorities that the goods were formally released on the market of that Member State.
The modalities of the reimbursement shall be regulated under national law, but shall in no circumstances be discriminatory or arbitrary. The principle of good faith is applicable.
Article 40
1. Without prejudice to the existing relations between the Wieser Empire and the Principality of Ascheburg, the latter, as a dominion of the Imperial Crown of Wiese and part of the customs territory of the Wieser Empire, shall be subject to the rights and obligations of the Treaty upon its ratification by the Principality. Nationals of Ascheburg shall benefit from the same rights as the nationals of the Wieser Empire for the purposes of the present Treaty.
2. The Principality of Ascheburg shall not enjoy representation and voting rights in the institutions of the League. Where necessary, the Wieser Empire shall represent the Principality in the League. Such representation shall not grant the Empire any additional voting powers in the institution.
TITLE XI: FINAL PROVISIONS
Article 41
This Treaty is concluded for an unlimited period.
Article 42
The Protocols and Annexes to the Treaty shall form an integral part thereof.
Article 43
1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Wieser Empire.
2. This Treaty shall enter into force on the first day of the month following the deposit of the Instrument of ratification by the last signatory State to take this step.
Article 44
This Treaty, drawn up in a single original in the German and Danish languages, the texts in each of these languages being equally authentic, shall be deposited in the archives of the Government of the Wieser Empire, which will transmit a certified copy to each of the governments of the other signatory States.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
Done in the city of Preßburg on the twenty ninth day of August in the year two thousand and ten.
(List of signatories not reproduced)
ooc: Special thanks to Woland (Wendmark) for compiling, editing and double-checking the League Treaty.
MEMBER STATES, in alphabetical order, with date of admission:
- [wiki]Kingdom of Danmark[/wiki] - founding member
- [wiki]Kingdom of Eiffelland[/wiki] - founding member
- [wiki]Kingdom of Franken[/wiki] - member, 1 November 2010
- [wiki]Free State of Wendmark[/wiki] - founding member
- [wiki]Wieser Empire[/wiki] - founding member
