CONCERNING THE DISCUSSION ON THE FUTURE OF EUROPE

REFERENCE:
PRESENT CHARTER ON FUNDAMENTAL RIGHTS (Art. 40 and 45)
" RIGHT TO VOTE AND TO STAND AS CANDIDATE AT MINICIPAL ELECTIONS "
" FREEDOM OF MOVEMENT AND OF RESIDENCE "

Present wording of the ARTICLE 40 of the Charta on Fundamental rights:

Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides under the same conditions as nationals of that State.

The following text should have been added:

As the European Union constitutes a multi-cultural Community, every citizen of the Union participating in municipal elections shall recognise the "local community traditions" or "public heritage" of the concerned municipality, in particular, by accepting the following principles:

• the principle of recognising the "public heritage" of the place; (> 'status quo' principle)
  All rights and obligations resulting from the present legal situation in the concerned Member State of the Union have to be respected; this concerns, in particular, the "public heritage" of a local community (municipality) as to culture, language(s) and religion; "public heritage" includes, for example, the official language(s) in public live and administration, but also "local community traditions" like official cultural or religious feasting or commemoration days, or, traditional cultural, linguistic and religious institutions at that place.
• The principle to integrate into the local community; (> the good-will principle)
  Every candidate in municipal elections shall have shown in practice that he or she is willing to integrate into the existing local community, in particular, from the linguistic point of view, and is going to respect the "public cultural heritage" of the place concerned.
• The principle of "historic rights of indigenous people"; (> conflict preventing principle)
  Any political majority coming out of municipal elections, but having different preferences as to the existing rights and obligations in the field of culture, language or religion cannot change the "public heritage" of the local community, or, take away the historic rights from the indigenous people living since centuries and generations at that place, except the concerned group itself wants to change its "official and public traditions".

If the Charta cannot be amended these principles should be included in a constitutional treaty under the heading: "Citizenship of the Union, Rights and obligations"

Brussel/Bruxelles, 27.5.2002 Michael Cwik
( Spokesman of the Forum for language rights und cultural diversity and
Co-ordinator of the working group on constitutional aspects, UEF-Europe)

'EXPOSE DE MOTIF'

In a multi-national, multi-cultural and multi-lingual community, like the European Union, there is a permanent potential conflict between:

The 'DEMOCRATIC PRINCIPLE' and the 'TERRITORIAL PRINCIPLE'

This conflict arises by the fact that every EU citizen has the freedom of movement and of settlement (art. 45) within the Union and the right to participate in local elections (art. 40) at the place of his residence.

In particular, the massive immigration of people with another cultural background can, not only from the demographic, but also from the democratic point of view, create new cultural, linguistic or religious majorities within the political decision making bodies of a municipality (democratic principle). Such "immigrated or new cultural majorities" will have, without no doubt, other preferences or priorities than the indigenous population at the place concerned. In order to prevent permanent conflicts between the indigenous people and the 'new-comer' in the field of culture, language or religion the 'existing public traditions' and the 'official heritage of the local community' must get the same protection as individual or collective civic rights.

Thus, 'new-comers' in a municipality can take with them their individual and collective civic rights, but have also to accept a new category of 'public civic rights' in the field of 'official heritage in culture, language or religion which they cannot take away from the local community in which they have chosen to live".

Behind the principles referred in the article, like the 'status quo', the 'good-will to integrate' and the 'preventing conflicts', stands the famous 'imparative' of Immanuel Kant:

"Treat your neighbour as you want to be treated in the same situation!"

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