PREAMBLE
WE, THE PEOPLES OF THE CZECHOSLOVAK REPUBLIC, THE REPUBLIC OF AUSTRIA AND THE HUNGARIAN REPUBLIC,
CONSIDERING that world peace may be safeguarded only by creative efforts equal to the dangers which menace it ;
CONVINCED that the contribution which a living, united free Danubian region can bring to civilization and to the preservation of our common spiritual heritage is indispensable to the maintenance of peaceful relations;
DESIROUS of assisting; through the expansion of our production in improving the standard of living and furthering the works of peace;
DETERMINED to safeguard by our common action the dignity, freedom and fundamental equality of men of every condition, race or creed;
RESOLVED to, substitute for our historic rivalries a fusion of our essential interests by creating institutions capable of giving guidance to our future ' common destiny;
HAVE DECIDED to create a Danubian Union.
Wherefore our respective Governments, through their Plenipotentiaries, meeting in the city of Bratislava, with powers found in good and due form, have adopted the present Treaty.
PART I. The Danubian Union
ARTICLE 1
The present Treaty sets up a DANUBIAN UNION of a supra-national character.
The Union is founded upon a union of peoples and States, upon respect for their personality and upon equal rights and duties for all. It shall be indissoluble.
ARTICLE 2
The Union has the following mission and general aims:
- to contribute towards the protection of human rights and fundamental freedoms in Member States;
- to co-operate with the other nations in ensuring the security of Member States against all aggression;
- to ensure the co-ordination of the foreign policy of Member States in questions likely to involve the existence, the security or the prosperity of the Union;
- to promote, in harmony with the general economy of Member States, the economic expansion, the development of employment and the improvement of the standard of living in Member States, by means, in particular, of the progressive establishment of a common market, transitional or other measures being taken to ensure that no fundamental and persistent disturbance is thereby caused to the economy Member States.
Any armed aggression directed against any one of the Member States or against the Union’s Defence Forces shall be considered as an attack directed against all of the Member States.
The Member States and the Union’s Defence Forces shall furnish to the State or Forces thus attacked all military and other aid and assistance in their power.
ARTICLE 3
The Union shall have juridical personality.
In international relationships, the Union shall enjoy the juridical personality necessary to the exercise of its functions and the attainment of its ends.
In each of the Member States, the Union shall enjoy the most extensive juridical personality which is recognized for legal persons of the nationality of the country in question. Specifically, it may acquire or transfer, immovable and movable assets and may sue and be sued in its own name.
The Union shall possess, in the territories of the Member States, such immunities and privileges as are necessary to the fulfilment of its task, under conditions determined in the Protocol appended to the present Treaty.
ARTICLE 4
The Union shall exercise all such powers and competence as are conferred upon it by the present Treaty or by a subsequent enactment.
The provisions defining the powers and competence conferred upon the Union by the present Treaty shall be restrictively interpreted.
ARTICLE 5
The Union shall carry out its functions in close co-operation with the national civil services through their respective governments, and with any international organization having objectives similar to its own.
ARTICLE 6
The Union shall enact legislation defining the fundamental principles of the general status of its officials.
PART II. The Institutions of the Union
ARTICLE 7
The institutions of the Union shall be:
- Parliament.
- the Executive Council.
- the Council of National Ministers.
- the Court of Justice, hereinafter termed “the Court”.
- the Economic and Social Council.
Chapter I. The Parliament
ARTICLE 8
Parliament shall enact legislation and make recommendations and proposals. It shall also approve the budget and pass a bill approving the accounts of the Union. It shall exercise such powers of supervision as are conferred upon it by the present Treaty.
ARTICLE 9
Parliament shall be composed of two Chambers which, unless the present Treaty otherwise provides, shall have the same powers and competence.
The first Chamber, entitled the Peoples' Chamber shall be composed of deputies representing the peoples in the Union.
The second Chamber, entitled the Senate, shall be composed of senators representing the people of each State.
ARTICLE 10
Deputies and senators shall vote as individuals and in person.
They may not accept any mandate as to the way in which they shall cast their votes.
ARTICLE 11
Deputies shall be elected by universal, equal and direct suffrage, by secret ballot open to both men and women.
The Union shall enact legislation defining the principles of the electoral system.
ARTICLE 12
The Peoples' Chamber shall be elected for five years, subject to the provisions of Article 29, paragraphs 4 and 5.
ARTICLE 13
The peoples united in the Union shall be represented in the Peoples' Chamber in accordance with the following conditions:
1. The number of deputies elected from the territory of any one Member State may not exceed the number of deputies elected in the remaining ones.
2. The number of deputies elected from the territories of the Member State shall be fixed for the first elections to the Peoples’ Chamber as follows:
Austria ................... 45
Czechoslovakia ........ 95
Hungary ................. 55
3. The number and distribution of deputies elected from the territories of the Member States shall be updated on a decennial basis following the first election to the Peoples’ Chamber in accordance with the most recent population censuses conducted by each Member State.
ARTICLE 14
1. Senators shall be designated in equal proportion by the national parliaments and the Member State governments for five years in accordance with the procedure determined by each Member State.
2. A senator shall commence his term of office at the opening of the session of the Senate next following his election.
ARTICLE 15
The number of senators shall be as follows:
Austria ................... 10
Czechoslovakia ........ 16
Hungary ................. 10
ARTICLE 16
Each Chamber of Parliament shall verify the regularity of the election of its Members.
ARTICLE 17
The Union shall enact legislation determining the conditions of eligibility for membership of Parliament.
ARTICLE 18
1. Membership of the Union Parliament shall not be confined to members of national parliaments.
2. A combination of the office of a senator with that of a deputy shall be prohibited.
3. The exercise of the functions of a Member of the Union Parliament shall be incompatible with that of the functions of a Member of the Council of National Ministers and of a Member of the Economic and Social Council.
4. The exercise of the functions of a Member of the Union Parliament Union shall be incompatible with the holding of judicial office on behalf of the Union, with permanent functions remunerated by the Union or with directorial functions in an enterprise or organization directly controlled by the Union.
5. The Union may enact legislation laying down other rules as to incompatibility.
ARTICLE 19
Parliament shall hold two ordinary sessions annually. It shall assemble regularly on the second Tuesday in May and the last Tuesday in October.
An extraordinary session of either Chamber may be convened by its President, either on his own initiative, or at the request of a quarter of the Members of the Chamber concerned, or of the Executive Council.
ARTICLE 20
Each Chamber shall elect its President and its Bureau from among its own Members, by secret ballot. It shall decide upon its Rules of Procedure by majority vote of its Members.
The records of the proceedings of each Chamber shall be published in accordance with the conditions laid down in its Rules of Procedure.
ARTICLE 21
1. Members of Parliament and of the Executive Council shall have the right to initiate legislation.
2. Members of Parliament shall have the right of amendment and interpellation. They may put oral or written questions to the Executive Council, which shall be required to answer them.
3. Each Chamber shall receive and examine any petitions which may be addressed to it. Such petitions may not be presented in person.
4. Each Chamber shall have the right to institute inquiries. The Union shall enact legislation governing the exercise of this right.
ARTICLE 22
1. Members of the Executive Council may attend all meetings of each of the Chambers. They shall be heard if they so request. They may take part in the work of the Committees.
2. Members of the Council of National Ministers may attend all meetings of each of the Chambers. The President of the Council of National Ministers, or a member of the Council specially appointed to represent him, may be heard on behalf of the Council by each of the Chambers, either at the request of the latter, or on his own initiative.
ARTICLE 23
1. No restriction shall be placed upon the travel of Members of Parliament proceeding to or coming from the place of meeting of Parliament.
As concerns customs and exchange control, Members of Parliament shall be granted the privileges accorded to accredited Heads of diplomatic Missions; they shall be exempted from the visa regulations in force in Member States.
2. During their term of office Members of Parliament shall enjoy exemption from all measures of detention and from any legal prosecution.
Such immunity may not be invoked when Members are found committing, attempting to commit, or just having committed an offence.
Each Chamber of Parliament may waive the immunity of its Members.
3. Members of Parliament shall enjoy absolute immunity from legal action in respect of opinions or votes expressed by them in the exercise of their functions. They shall continue to enjoy this immunity after the expiry of their term of office.
ARTICLE 24
Each Chamber shall lay down in its Rules of Procedure the manner in which it will exercise its powers and competence.
Chapter II. The Executive Council
ARTICLE 25
The Executive Council shall undertake the general administration of the Union. It shall have no powers other than those conferred upon it by the present Treaty.
ARTICLE 26
1. The Senate shall elect the President of the Executive Council in secret ballot, by majority vote of its Members.
2. The President shall appoint the other Members of the Executive Council.
3. The Executive Council shall not include more than three Members of the same nationality.
4. The Members of the Executive Council shall have the title of Ministers of the Danubian Union.
ARTICLE 27
Only nationals of Member States may be Members of the Executive Council.
ARTICLE 28
1. The office of a member of the Executive Council shall be incompatible with that of a member of the Government of a Member State, of a judge or solicitor-general in the Court or of a member of the Economic and Social Council.
2. Members of the Executive Council may not exercise any paid function.
They may belong neither to the management nor the Board of Directors of any enterprise conducted for profit.
ARTICLE 29
1. The Executive Council shall assume its functions as soon as its composition has been published in the Official Journal of the Danubian Union. It shall forthwith request the Peoples' Chamber and the Senate for their vote of confidence, which shall be given by each Chamber by majority vote of its members.
2. The Executive Council shall remain in office until the end of the life of the current Peoples’ Chamber. It shall resign from office notwithstanding, if a vote of no confidence is passed against it by the Peoples' Chamber or the Senate. It shall also be required to resign if the Peoples' Chamber or the Senate refuses to grant its request for a vote of confidence.
3. The Senate shall be deemed to have passed a vote of no confidence in the Executive Council if it elects a new President, under the provisions of the. first paragraph of Article 25.
The Peoples' Chamber shall pass a vote of no confidence in the Executive Council by a three-fifths majority vote of its members.
Subject to the provisions of paragraph 1 of the present article, the withholding of a vote of confidence, if it is to be effective, must take place under the same conditions as a vote of no confidence.
4. If a motion of no confidence, or alternatively the withholding of a vote of confidence which has. Been requested of the Peoples' Chamber by the Executive Council, is voted by a majority of less than three-fifths of the members of the Chamber, it shall be at discretion of the Executive Council either to resign or to declare the Chamber dissolved.
Such dissolution may not be ordered until after the expiry of a period of five clear days. The instrument of dissolution shall include convocation of the electoral body of the Peoples' Chamber within a period of forty days, and of the Chamber within two months.
The withholding of a vote confidence by the Peoples’ Chamber shall not, however, entail the option of dissolving the Chamber in the case mentioned in paragraph 3 of the present Article.
5. The right of the Executive Council to order the dissolution of the Peoples' Chamber in implementation of the preceding paragraph shall lapse if within the period determined in that paragraph, the Senate passes a vote of no confidence in the Executive Council under the conditions laid down in paragraph 3 of the present Article.
6. The President of the Executive Council shall tender the resignation of the Council to the President of the Senate. The retiring Council shall conduct current business until its successor takes office.
7. The members of the Executive Council shall resign in a body if and when the President ceases to exercise his functions.
ARTICLE 30
The President of the Executive Council may dismiss or replace any Member of that Council subject to the approval of the Peoples' Chamber and the Senate.
ARTICLE 31
In order to fulfil the tasks entrusted to it, and in accordance with the conditions laid down in the present Treaty, the Executive Council shall take decisions, make recommendations or express opinions.
Decisions shall be binding in all aspects.
Recommendations shall have binding effect as regards the aims specified therein but shall leave the means of implementation to the Authorities to whom the recommendation is addressed.
Opinions shall not be binding.
ARTICLE 32
The President of the Executive Council shall represent the Union in international relations.
Chapter III. The Council of National Ministers
ARTICLE 33
The Council of National Ministers shall exercise its powers and competence in the cases specified and in the manner indicated in the present Treaty with a view to harmonising the action of the Executive Council with that of the Governments of Member States.
The Council of National Ministers and the Executive Council shall exchange information and consult each other.
ARTICLE 34
The Council of National Ministers shall be composed of representatives of the Member States. Each State shall delegate a member of its Government as a representative.
The Chairmanship shall be taken by each of the Members of the Council in turn for a period of six months, in accordance with the alphabetical order of the names of the Member States.
ARTICLE 35
The Council of National Ministers shall be convened by its Chairman at the request of a Member State or of the Executive Council.
The Council of National Ministers shall communicate with each Member State through the Minister representing the latter.
Chapter IV. The Court
ARTICLE 36
1. The Court shall ensure the rule of law in the interpretation and application of the present Treaty and of the laws and regulations of the Union.
2. Other courts set up by existing or subsequent treaties shall assist the Court in the exercise of its functions.
ARTICLE 37
1. The number of judges shall not exceed nine. They shall be selected from a double list by the Executive Council, acting with the approval of the Senate. Each Member State may put forward three candidates; the national groups of the Permanent Arbitration Court in each Member State shall be entitled to exercise a similar right.
2. The candidates must be of the highest moral character, and must either possess the qualifications required, under their national legislation, for the exercise of the highest judicial functions, or be jurists of unquestionable ability.
3. Judges shall be appointed for nine years and shall be re-eligible.
4. The Court shall have exclusive jurisdiction in disciplinary proceedings against its own members.
5. The judges shall be independent and subject only to the law.
ARTICLE 38
1. The texts relating to the competence of the Court and the organisation of the judicial system shall be supplemented and modified in accordance with Articles 109 or 110. Nevertheless, should such modification entail an alteration in the powers and competence of the Union vis-a-vis the Member States, the provisions of Article 108 shall be applicable.
2. Notwithstanding the provisions in the preceding paragraph, the Court shall lay down its own Rules of Procedure.
ARTICLE 39
1. The Court shall in its own right take cognizance of disputes arising out of the application or interpretation of the present Treaty or of a law of the Union, to which the parties are:
- either Member States among themselves
- or one or more Member States and the Union.
2. The Court shall take cognisance, through the machinery provided for the hearing of appeals, of the judgments or decisions delivered by the judicial organs of the Union, all of which are subordinate to it.
ARTICLE 40
The Court shall take cognisance in first and final instance of all appeals formally lodged against the Union, except when provision is made to the contrary in the present Treaty or in a law of the Union conferring this competence on another Court.
ARTICLE 41
The Court shall have jurisdiction to pass judgment on appeals for annulment on grounds of lack of competence, substantial procedural violations, violation of the Treaty or of any regulation concerning its application, or abuse of power, where such appeals are lodged by any interested party against the decisions or recommendations of the Executive Council or of the administrative authorities subordinate thereto.
ARTICLE 42
The Court shall have sole jurisdiction to decide on the validity of decisions or recommendations of the Executive Council and of deliberations of the Council of National Ministers, in cases where such validity is contested in litigation before a national Court.
ARTICLE 43
Any dispute arising from a decision or measure taken by one of the Institutions of the Union, which affects the rights recognised in the Universal Declaration of Human Rights, shall be referred to the Court.
ARTICLE 44
The Member States undertake not to avail themselves of any mutual declarations or conventions existing among them to submit any difference arising out of the interpretation or application of the present Treaty to a method of settlement other than those provided for herein.
ARTICLE 45
The Court may also, by virtue of the present Treaty or a law of the Union, be empowered to act as an Arbitration Court.
ARTICLE 46
The judicial organs of the Union and those of Member States shall assist each other in the exercise of their functions.
ARTICLE 47
Appeals lodged with the Court shall have no suspensory effect. Notwithstanding this provision, the Court may, if it considers that circumstances so demand, order a stay of execution of the decision or recommendation which is the subject of the appeal.
The Court may also order any other interim measures which it deems necessary.
Chapter V. The Economic and Social Council
ARTICLE 48
The Economic and Social Council shall assist the Executive Council and Parliament in an advisory capacity.
It shall deliver opinions to each of the Chambers of Parliament and the Executive Council if they so request. It may also transmit resolutions to them.
ARTICLE 49
The Union shall enact legislation establishing the membership, competence and modus operandi of the Economic and Social Council.
Chapter VI. Legislation
ARTICLE 50
1. The passing of legislation shall require the assent of each of the two Chambers in succession by simple majority.
2. After the adoption of a bill by the two Chambers, a second deliberation shall be held automatically in the Peoples' Chamber and in the Senate if requested by one-quarter of the Members of the Senate within three clear days.
The second deliberation shall begin ten clear days after the request has been made.
A second deliberation in accordance with this procedure may not be requested more than once on the same bill.
3. A bill shall be considered as finally passed into law after it has been approved at a second deliberation or, if no admissible request for a second deliberation has been made, at the expiry of the period of three clear days laid down in section 2 of the present Article.
4. Laws shall be promulgated by the President of the Executive Council within a period of eight clear days from the day on which they are finally voted in accordance with the provisions of section 3.
Before the expiry of this period the President of the Executive Council may request Parliament to hold a new debate.
5. Laws shall be published in the Official Journal of the Union. They shall have executive effect at such time and under such conditions as shall be laid down in legislation enacted by the Union.
ARTICLE 51
The Executive Council may issue regulations to ensure the implementation of the laws of the Union.
The Executive Council and the Authorities of each Member State shall be charged, as they are each and severally affected, with the execution of the Union’s legislation and of the regulations of the Executive Council.
ARTICLE 52
Under the conditions and within the limits in which it is entitled to legislate, Parliament may also make recommendations which shall be binding as regards the aims specified therein but shall leave the means of implementation to the Authorities to whom the recommendation is addressed.
Recommendations shall be adopted and promulgated in accordance with the procedure laid down in Article 50 for legislation of the Union.
PART III.
Powers and Competence
Chapter I. General Right of Initiative
ARTICLE 53
The Union may make proposals to the Member States with the object of attaining the general aims defined in Article 2.
Such proposals shall be made by the Executive Council, either on its own initiative or as a result of a motion by Parliament or by one of the Chambers.
The Executive Council may request Member States for information on the action which they have taken in regard to the proposals of the Union.
Chapter II. International Relations
ARTICLE 54
1. Within the limits of the powers and competence conferred upon it, the Union may conclude treaties or international agreements or accede thereto.
2. The Union may conclude treaties or agreements of association with third States, under the conditions prescribed in Articles 90 to 92.
ARTICLE 55
The Executive Council shall negotiate and conclude treaties or international agreements on behalf of the Union.
Where such treaties or agreements relate to matters in which the present Treaty provides for the assent of another institution of the Union, the Executive Council may ratify them only when authorized so to do by the other institution concerned, acting in accordance with the procedure and conditions laid down for the exercise of its competence.
ARTICLE 56
In order to achieve the general aims laid down in Article 2, the Union shall ensure that the foreign policies of Member States are coordinated.
For this purpose the Executive Council may be empowered, by unanimous decision of the Council of National Ministers, to act as a common representative of the Member States.
ARTICLE 57
For the purposes defined in the previous article:
1. Representatives of Member States in the Council of National Ministers shall exchange information and institute a procedure for mutual and permanent consultation on all questions which affect the interests of the Union.
2. The Executive Council may make proposals for this purpose to the Council of National Ministers. It shall have the right to be heard at all meetings of the Council of National Ministers when these proposals are examined.
3. Parliament acting through the Executive Council, may address proposals to the Council of National Ministers or to the Governments of Member States on all matters affecting the interests of the Union.
The Executive Council may, at the request of Parliament, invite the Council of National Ministers or the governments in question to make known what action has been taken on these proposals.
ARTICLE 58
The Union shall:
1. Institute a procedure for consultations among the Member States, so that a common attitude may be adopted at any international conferences where the interests of the Union may be involved.
2. Prepare a draft pact for the peaceful settlement of any disputes which may arise between the Member States and which do not come within the competence of the Court.
3. Establish the procedure for conciliation and arbitration required for the implementation of Article 60.
4. Draft other treaties or agreements among the Member States or between certain individual Member States.
The Executive Council shall invite the Member States to implement such treaties or agreements in accordance with their usual constitutional procedure.
ARTICLE 59
Member States may not conclude treaties or international agreements which run counter to commitments entered into by the Union or adhere to such treaties or agreements.
ARTICLE 60
Member States shall inform the Executive Council of any draft treaties or agreements which they are in process of negotiating, or of any initiative taken by them which affects the Union.
If the Executive Council considers that any such draft or initiative is likely to impede the implementation of the present Treaty or to affect the interests of the Union, and if no agreement with the State in question can be reached, the dispute shall, subject to any other procedure provided for in the present Treaty, be submitted to conciliation or, if this is unsuccessful, to arbitration.
ARTICLE 61
The Union shall, to the extent required for the achievement of its aims and within the limits of its powers and competence, have the right to accredit and receive diplomatic representatives.
Chapter III. Defence Forces
ARTICLE 61
The Armed Forces of the Danubian Union, hereinafter called "Defence Forces" shall be composed of contingents placed at the disposal of the Union by the Member States with a view to their fusion under the conditions provided for in a Protocol appended to the present Treaty.
No Member State shall recruit or maintain national armed forces aside from those provided for in Article 68.
ARTICLE 62
1. The Defence Forces shall consist of conscripted personnel and of professional personnel serving for a long term by voluntary enlistment.
2. The Defence Forces shall be integrated in accordance with the organic provisions of the Defence Protocol appended to the present Treaty.
They shall wear a common uniform.
They shall be organized according to types defined in the Defence Protocol appended to the present Treaty. Such organization may be modified by unanimous decision of the Council of National Ministers
3. The contingents destined to make up the units of the Defence Forces shall be furnished by the Member States in accordance with a plan to be established by agreement among the national Governments concerned. This plan may be revised in accordance with the provisions of Article 67, section 1.
ARTICLE 63
The internal defence of the territories of the Member States against attacks of any nature having military ends and provoked or carried out by an external enemy shall be ensured by homogeneous formations of Danubian status, which shall be specialized in each country in accordance with the particular defence mission required by its territory, and the operational command of which shall be exercised as provided in Article 65.
ARTICLE 64
The protection of the civilian population (civil defence) shall be ensured by each of the Member States.
ARTICLE 65
The Member States shall, by agreement among themselves and in consultation with the Executive Council, decide upon the authority to which the command and employment of the Defence Forces shall be entrusted.
ARTICLE 66
1. The basic units in which the activity of the various branches of service making up the Ground Forces are to be combined shall be composed of elements of the same national origin. These basic units shall be as light as possible while maintaining the necessary effectiveness. To the extent possible, they shall be relieved of logistic functions and shall depend for their existence and maintenance upon higher integrated echelons.
The Army Corps shall be composed of basic units of different national origins, except in special cases resulting from tactical needs or organizational necessities and determined by the Executive Council with the unanimous concurrence of the Council of National Ministers.
2. The basic Air Force units shall be composed of elements of the same national origin, each of which shall have homogeneous combat materiel corresponding to a given basic mission. These basic units shall, as far as possible, be relieved of their logistical functions and shall depend upon higher integrated echelons for their supplies and maintenance.
A certain number of basic units of different national origins shall be grouped under the orders of integrated higher echelons, except in special cases resulting from tactical needs or organisational necessities and determined by the Executive Council with the unanimous concurrence of the Council of National Ministers.
3. The logistic support formations for both Ground and Air Forces shall be integrated, but the constituent service units shall remain of homogeneous national composition and their distribution among nationalities shall be made according to the proportion existing among the basic units.
ARTICLE 67
1. The Executive Council shall, with the unanimous concurrence of the Council of National Ministers, establish the plans for the organization of the Forces. The Executive Council shall ensure the execution of such plans.
2. Personnel conscripted to serve in the Defence Forces shall serve the same period of active duty.
3. The period of active duty service in the Defence Forces shall be rendered uniform as soon as possible by a unanimous decision of the Council of National Ministers on the recommendation of the Executive Council.
4. Recruitment for the Defence Forces in each Member State shall be carried out in accordance with laws of such State within the framework of the common principles defined in the appended Defence Protocol.
The Executive Council shall oversee the recruiting operations for the Defence Forces carried out by the Member States in accordance with the provisions of the present Treaty.
Beginning with a date fixed by common agreement among the governments of the Member States, the Executive Council shall itself undertake recruiting in accordance with the provisions of such agreement arid within the framework of the common principles laid down in the appended Defence Protocol.
5. The Executive Council shall direct the training and preparation of the Defence Forces according to a common doctrine and uniform methods. In particular, the Executive Council shall direct the schools of the Union.
ARTICLE 68
1. The Member States mav recruit and maintain national armed forces required for international missions by virtue of a decision of the United Nations. At the termination of these missions, these troops shall be either disbanded or placed at the disposal of the Union. Relief for these troops may be effected by exchange with units composed of contingents originating from the member States in question which belong to the Union Defence Forces.
2. In each Member State elements intended as a bodyguard for the Chief of State shall remain national.
4. The Member States may dispose of national naval Forces to fulfil the obligations falling to them as a result of assumption by them of international missions mentioned in Section 1 of this Article.
5. The total volume of national armed forces provided for in this Article, including support units, shall not be so great as to compromise the participation of each Member State in the Defence Forces as determined by agreement among the Governments of the Member States.
The Member States shall have the right to exchange individual personnel between the contingents placed by them at the disposal of the Defence Forces and the forces which are not a part thereof, provided no diminution in the Defence Forces occurs as a result.
ARTICLE 69
Police forces and forces of gendarmerie, suitable exclusively for the maintenance of internal order, may be recruited and maintained on the territories of the Member States.
The national character of these forces is not affected by the present Treaty.
The volume and nature of such forces existing on the territories of Member States shall be such as not to exceed the limits imposed by their mission.
ARTICLE 70
1. In case of disturbances or threatened disturbances within the territory of a Member State, such part of the contingents supplied by such State to the Defence Forces as is necessary to meet the situation shall, on its request, the Council of National Ministers having been informed, be placed at its disposal by the Executive Council.
The conditions under which these elements may be employed shall be determined by the legislation in force in the territory of the Member State making the request.
2. In case of disaster or calamity requiring immediate aid, elements of the Defence Forces, which are in a position to be of use, shall give their aid without regard to their national origins.
ARTICLE 71
1. In the exercise of the functions assigned to it by the present Treaty, and without prejudice to the rights and obligations of the Member States:
- The Union shall have, in respect of the Defence Forces and their members, the same rights and obligations as the States in respect of their national forces and their members, in accordance with customary international law.
- The Union shall respect the rules embodied in conventions concerning the laws of war which bind one or more of its Member States.
2. Consequently, the Defence Forces and their members shall benefit, under international law, from the same treatment as national forces and their members.
ARTICLE 72
1. The Union shall ensure that the Defence Forces and their members conform in their conduct to the rules of international law. It shall ensure the punishment of all violations of such rules which may be committed by such Forces or their members.
2. The Union shall take, within the limits of its competence, penal measures and all other appropriate measures in all cases in which such a violation shall have been committed by the Forces of a third State or their members.
3. The Member States shall likewise, on their part, within the limits of their competence, take penal measures and all other appropriate measures against all violations of rules of international law committed against the Defence Forces or their members.
ARTICLE 73
The legal status of the Defence Forces shall be determined by the Defence Protocol appended to the present Treaty.
Chapter IV. Financial Provisions
ARTICLE 72
1. The budget shall embrace the total receipts and expenditure of the Union. It shall be divided into Chapters.
2. The Union shall enact legislation defining the methods of presentation and implementation of the budget, together with the methods by which this implementation shall be supervised
ARTICLE 73
1. The budget shall be proposed by the Executive Council, subject to the provisions of Articles 75, 76 and 77.
2. The budget shall be voted annually by Parliament. Parliament may exercise its right of amendment only within the limits of the grand total of the proposed expenditure. It may not add new Chapters involving additional expenditure.
3. If the budget is not approved by Parliament before the beginning of the financial year, the Executive Council may prolong the budget of the preceding year for a quarter at a time, until the new budget shall have been adopted. In that case, the provisions of Article 78, relating to the transfer of credits from one chapter to another, shall not be applicable.
ARTICLE 74
The financial resources of the Union shall be derived from:
- Its own receipts, which include taxes, loans and various products of the Union.
- The contributions paid by Member States.
ARTICLE 75
1. The methods of determining the assessment, the rates of taxation and the manner in which the Union’s taxes are levied shall be laid down by the Executive Council in the form of bills, with the unanimous concurrence of the Council of National Ministers. Such bills shall be submitted to Parliament for approval. Their provisions shall be promulgated as legislation of the Union.
2. There shall be no exemption from taxes levied by the Union.
ARTICLE 76
No loan may be issued without the approval of Parliament, except such loans as fall due within less than one year when necessary to provide for the annual balancing of accounts by the Treasury.
ARTICLE 77
The basis for determining the contributions of Member States and the rate of contribution shall be unanimously decided by the Council of National Ministers, on the proposal of the Executive Council.
ARTICLE 78
1. The Executive Council shall implement the provisions of the budget, in accordance with the provisions of the legislation envisaged in Article 72. It may not transfer credits from one Chapter to another unless authorized by Parliament so to do.
2. Not later than six months after the end of the financial year, the Executive Council shall submit to Parliament a bill approving the accounts for that financial year.
Chapter V. Economic Powers
ARTICLE 79
The Union shall establish progressively a common market among the Member States, based on the free movement of goods, capital and persons.
In order to achieve the aim mentioned in the preceding paragraph, the Union shall foster the coordination of the policy of the Member States in monetary, credit and financial matters.
The Union shall have the power to take the measures rendered necessary by Articles 81 to 84.
ARTICLE 80
From the date on which the present Treaty becomes effective, nationals of Member States who have completed their service in the Defence Forces shall have freedom of movement within the Union and freedom to choose their domicile in the territory of any Member State under the same conditions as are applicable to nationals of that State.
The same facilities shall be afforded to nationals of Member States born after the present Treaty has come into force.
ARTICLE 81
1. The Union may not exercise the powers conferred upon it by Article 79 until one year after the present Treaty has come into force.
2. At the expiry of the period mentioned in the preceding paragraph, and during a period of five years thereafter, the measures to be taken in application of Article 79 shall be embodied in proposals drawn up by the Executive Council, with the unanimous concurrence of the Council of National Ministers who may consult, if need be, their respective national Parliaments before delivering an opinion. Such proposals shall be submitted to the Parliament of the Union for approval. The provisions which they contain shall be enacted as legislation of the Union.
3. At the expiry of this period of five years, the measures to be taken in application of Article 79 shall be embodied in proposals drawn up by the Executive Council, with the concurrence of the Council of National Ministers. Such proposals shall be submitted for approval to the Peoples’ Chamber, voting by simple majority and to the Senate, voting by two-thirds majority. The provisions which they contain shall be enacted as legislation of the Union.
ARTICLE 82
1. In order to facilitate the progressive establishment of the common market envisaged in Article 79 a Readaptation Fund shall be instituted, to enable assistance to be given where necessary to enterprises and workers.
Applications for assistance may also be made the Governments of Member States.
2. The Fund shall be financed by:
(i) Contributions from the Member States.
(ii) Loans raised by the Union.
(ill) An annual levy at a rate not exceeding 5% of the value of orders placed in execution of the Union’s common armament, equipment, supply, and infrastructure programmes.
The rate of the levy, within the limits defined above, and its assessment and collection shall be laid down in legislation to be enacted by the Union.
3. The Fund shall be administered by the Executive Council under the supervision of Parliament.
The Economic and Social Council may be consulted on the administration and operation of the Fund.
ARTICLE 83
One or more Member States may appeal to the Arbitration tribunal provided for in Article 60 or, prior to the date on which such tribunal is set up, to the Court, against the measures taken by the Union in implementation of paragraph 3 of Article 81, if they deem that such measures might cause fundamental and persistent disturbances to their economy.
The existence or imminence of such disturbances shall be confirmed, at the request of the Member State or States concerned, by the Court or Arbitration Tribunal. Until such time as the competent institution of the Union shall have taken appropriate steps to eliminate the disturbances, the Court or Arbitration Tribunal shall, at the request of the same State or States and in so far as that State or States are concerned, suspend the application of the measures in question.
The Court or the Arbitration Tribunal shall pass summary judgment, notify the President of each Chamber that the appeal has been lodged, and state what decision it has taken.
ARTICLE 84
Member States shall consult the Executive Council before concluding among themselves agreements likely to restrict the movement of labour and goods, or before taking any measures, particularly in the monetary field, which might have similar effects.
Should the Executive Council find that such agreements or measures conflict with the aims of the present Treaty, in particular those defined in Article 79, or that they are likely to cause fundamental and persistent disturbances to the economy of the other Member States, it may, with the assent of the Council of National Ministers, address appropriate proposals to the Member States concerned.
Chapter VI. Customs Union
ARTICLE 85
Member States shall refrain from introducing, as between themselves, any new customs duties on importation or exportation or charges with equivalent effect and from increasing such duties or charges as they apply in their commercial relations with each other.
ARTICLE 86
1. Customs duties on importation in force between Member States shall be progressively abolished by them in the course of the transitional period lasting no more than 7 years from the entry into force of this Treaty.
2. Charges in force between Member States having an effect equivalent to customs duties on importation shall be progressively abolished by them in the course of the transitional period. The Executive Council shall fix the timing of such abolition.
3. Member States shall abolish as between themselves, within 2 no more than two years from the entry into force of this Treaty, the customs duties on exportation and charges with equivalent effect.
4. The provisions of this Article shall also apply to customs duties of a fiscal nature.
ARTICLE 87
Member States hereby declare their willingness to contribute to the development of international commerce and the reduction of barriers to trade by entering into reciprocal and mutually advantageous arrangements directed to the reduction of customs duties below the general level which they could claim as a result of the establishment of a customs union between themselves.
ARTICLE 88
1. Following the conclusion of the transitional period referred to in Article 85, duties under the common customs tariff shall be at the level of the arithmetical average of the duties applied in the customs territories covered by the Union.
2. For the purpose of the progressive introduction of the common customs tariff, Member States shall amend their tariffs applicable to third countries to progressively align with the common customs tariff.
4. With a view to aligning their duties with the common customs tariff; Member States shall be free to modify these duties more rapidly than the 7-year transition period provided for in Article 85.
ARTICLE 89
1. Quantitative restrictions on importation and all measures with equivalent effect shall, without prejudice to the following provisions, hereby be prohibited between Member States.
2. Member States shall refrain from introducing as between themselves any new quantitative restrictions or measures with equivalent effect.
3. Member States shall, in their mutual trade, refrain from making more restrictive the quotas or measures with equivalent effect in existence at the date of the entry into force of this Treaty.
Such quotas shall be abolished not later than at the date of the expiry of the transitional period provided for in Article 85. In the course of this period, they shall be progressively abolished under conditions to be specified in a Union law.
ARTICLE 90
1. Quantitative restrictions on exportation and any measures with equivalent effect shall hereby be prohibited as between Member States.
2. Member States shall abolish, within one year of the entry into force of the present Treaty, all quantitative restrictions on exportation and any measures with equivalent effect in existence at the date of the entry into force of this Treaty.
ARTICLE 91
Member States hereby declare their willingness to abolish, in relation to other Member States, their quantitative restrictions on importation and exportation more rapidly than is provided for in the preceding Articles, if their general economic situation and the situation of the sector concerned so permit.
ARTICLE 92
1. Member States shall progressively adjust any State monopolies of a commercial character in such a manner as will ensure the exclusion, at the date of the expiry of the transitional period, of all discrimination between the nationals of Members States in regard to conditions of supply or marketing of goods.
The provisions of this Article shall apply to any body by means of which a Member State shall de jure or de facto either directly or indirectly control, direct or appreciably influence importation or exportation between Member States. These provisions shall apply also to monopolies assigned by the State.
2. Member States shall abstain from any new measure which is contrary to the principles laid down in paragraph 1 or which may limit the scope of the Articles relating to the abolition, as between Member States, of customs duties and quantitative restrictions.
3. The obligations incumbent on Member States shall be binding only to such extent as they are compatible with existing international agreements.
Chapter VII. Specialised Authorities
ARTICLE 93
Within the framework of the mission and general aims laid down in Article 2, the Union may set up, or sponsor the creation of, administrative bodies institutions, public services or services in the common public interest, or self-governing and financially independent organizations, centralized or decentralized; it may also exercise supervision over them.
Organizations of the Union for which provision is made in the preceding paragraph may be governed by any form of public or private law or be subject to national or Union legislation.
In order to fulfil the tasks entrusted to it, the Union may also make use of existing services.
The Union shall enact legislation in implementation of the present Article.
ARTICLE 94
The Union may represent its Member States in any Specialized Authority or Community to which all such Member States belong.
PART IV.
Inauguration of the Institutions of the Union
ARTICLE 94
The first Senate shall be constituted within a month after the present Treaty has come into force.
It shall be convened by joint decision of the Presidents of the national Parliaments of the Member States.
ARTICLE 95
The Senate shall fix the date of the elections to the Peoples’ Chamber. They shall take place within six months after the present Treaty comes into force.
The expenses of the first election to the Peoples’ Chamber shall be borne by the Union, subject to such precautions and safeguards as the Union shall stipulate.
ARTICLE 96
1. Until such time as the legislation envisaged in Article 11 has come into force, elections to the Peoples’ Chamber shall take place in the territory of each Member State on a basis of proportional representation.
The procedure to be followed in each State shall be laid down by national legislation. Regulations concerning the electoral law, in particular the right of franchise, the electoral list, the organization and counting of votes, shall be laid down by legislation in each Member State.
2. Until such time as:
(i) The law on eligibility mentioned in Article 17,
(ii) the law on incompatibility mentioned in paragraph 5 of Article 18,
have come into force, the regulations concerning eligibility and incompatibility shall be laid down by the legislation of each Member State, subject to the reservation that paragraphs 1, 2, 3 and 4 of Article 18 shall be applied forthwith.
ARTICLE 97
The President of the Senate shall convene the Peoples' Chamber and the Senate within the fortnight following the date of the elections which shall be determined in accordance with the provisions of Article 95.
ARTICLE 98
As soon as the Peoples' Chamber has been constituted, the Senate shall elect the President of the Executive Council.
ARTICLE 99
The Council of National Ministers shall meet as soon as the Executive Council has taken up office.
PART V.
General Provisions
ARTICLE 100
1. The seat of the various Institutions of the Union shall be at Petržalka.
2. Within a year of the entry into force of the present Treaty, the Executive Council shall issue a Protocol placing the selected location under the exclusive jurisdiction of the Union. The Protocol shall be adopted by a two-thirds majority of each Chamber.
Before the Protocol is voted into law, the Protocol must be agreed upon between the Executive Council and the Government or Governments of the State or States whose territory is affected.
ARTICLE 101
Unless any Member State concerned makes a declaration to the contrary before the signature of the Treaty, the provisions of the Treaty shall apply to all territories under the jurisdiction of each State.
ARTICLE 102
1. The territory subject to the exclusive jurisdiction of the Union (hereinafter “Union territory”) and its people shall be an integral part of the Union. The people of the Union territory shall share the rights and duties of the Union in the same way as the peoples of Member States.
2. The people of the Union territory shall be represented in the Union in the following manner:
(i) The people of the Union territory shall elect 6 representatives to the Peoples’ Chamber and 4 senators.
In each Chamber, the representatives of the people of the Union territory shall have the same rights and duties as the other members.
(ii) The representatives of the people of the Union territory in the Peoples’ Chamber shall be elected in accordance with the provisions of Article 11, paragraph 1 of the present Treaty and on the basis of proportional representation.
(iii) The 3 Senators for the Union territory shall be designated within two months of the first meeting of the Union territory’s assembly and territorial government.
ARTICLE 103
Member States may request the Executive Council for assistance in maintaining constitutional order and democratic institutions within their territory.
The Executive Council, with the unanimous concurrence of the Council of National Ministers, shall lay down the conditions under which the Union shall be empowered to intervene on its own initiative. The relevant provisions shall take the form of a bill to be submitted to Parliament for approval within one year from the date of the coming into being of the Peoples’ Chamber. They shall be enacted as legislation of the Union.
ARTICLE 104
The Member States pledge themselves to take all measures necessary to implement the laws, regulations, decisions and recommendations of the Union and to assist the Union in the accomplishment of its mission.
The Member States further undertake to refrain from any measure incompatible with the provisions of the present Treaty.
ARTICLE 105
The decisions of the Executive Council and the judgements of the Court shall have executive force in the territory of the Member States.
Enforcement in the territory of the Member States shall be ensured through the normal legal channels of each State. It shall be preceded by the customary executive formula employed in the State within whose territory the decision is to be enforced, there being no intervention by the national authorities other than a verification of the authenticity of the decision. This formality shall be entrusted to a Minister appointed for the purpose by each Government.
ARTICLE 106
The Executive Council, either of the two Chambers, and each of the Member States may make proposals for the amendment of the present Treaty.
Proposals for amendment made by one of the Chambers or by a Member State shall be transmitted to the Executive Council which shall set in motion the procedure for which provision is made in Articles 107 to 111 of the present Treaty.
ARTICLE 107
Amendments to the provisions of the present Treaty involving a modification of the powers and competence of the Union vis-à-vis the Member States, or a modification of the definition of human rights and fundamental freedoms guaranteed by the present Treaty, shall be made by means of the following procedure:
The Executive Council shall decide on a draft amendment to the Treaty, with the unanimous concurrence of the Council of National Ministers.
The draft amendment shall be submitted for approval to the Parliament of the Union and to the Parliaments of the Member States.
The amendment shall be promulgated by the Executive Council.
ARTICLE 108
Amendments to the provisions of the present Treaty involving an alteration in the relations between the Institutions of the Union, or in the division of powers and competence among them, or amendments tending to affect the guarantees provided for the States in the composition or working procedure of these Institutions, shall be made in accordance with the following procedure:
The Executive Council shall decide on a draft amendment of the Treaty, which shall be submitted to the Council of National Ministers for unanimous approval.
The draft amendment shall be submitted for approval to the Parliament of the Union.
The amendment shall be promulgated by the Executive Council.
ARTICLE 109
Amendments to the provisions of the present Treaty other than those referred to in Articles 107 and 108 shall be made in accordance with the following procedure:
The Executive Council shall decide on a draft amendment to the Treaty.
The draft amendment shall be submitted for approval to the Parliament of the Union.
The amendment shall be promulgated by the Executive Council.
ARTICLE 110
The Court shall adjudicate in any dispute concerning the procedure to be followed on a proposal for amendment, if requested to do so by an institution of the Union or a Member State.
ARTICLE 111
The present Treaty, drawn up in a single original copy, shall be provisionally deposited in the archives of the Czechoslovak Republic which shall transmit a certified copy thereof to the governments of each of the other signatory States.
The present Treaty shall be ratified. The instruments of ratification shall be deposited with the Czechoslovak Republic, which shall notify the Governments of the other Member States accordingly.
The present Treaty shall come into force on the day when the instrument of ratification shall be deposited by the penultimate State to fulfil this formality.
Within one year after the present Treaty shall have come into force, the Czechoslovak Republic shall deposit the present Treaty, together with the instruments of ratification in the archives of the Executive Council.
When the Council of National Ministers has taken up office, it shall arrange for the preparation of authoritative texts of the present Treaty in the languages other than that of the original copy.
Should there be any divergence, the text of the original copy shall prevail.
In witness whereof the undersigned Plenipotentiaries have placed their signatures and seals at the end of the present Treaty.
