Oversight Offices And The Limits Of Power

The offices

There are five oversight offices, and no organ may invent powers for them.

1. 1.The oversight offices of the Republic are: the Electoral Commission, the Audit Office, the Defender of Rights, the Commissioner for Future Generations, and the Office of Democratic Integrity.
2. 2.The offices hold the competences this Title assigns to them and no others, and in no case may organic law confer upon an office a power this Title does not name.
3. 3.The Ecological Budget Authority is constituted under Article 24 and is governed by Title II. The Judicial Inspectorate is constituted under Article 214 and is governed by Title VIII.
4. 4.In no case may an office be created, merged, renamed or abolished except by organic law taking effect after the first ordinary election of the Assembly following its promulgation, and Article 223(2) governs by analogy.

Independence

The offices are independent, and nobody may instruct them or edit a report.

1. 1.The offices are independent of the Assembly, of the executive committees, of the Coordinating Bureau, of the planning bodies, of the councils of the territories, of the courts and of one another.
2. 2.In no case may any organ or person instruct an office, direct an inquiry, require the withdrawal of a finding, or alter a report before its publication.
3. 3.Office holders are subject to this Constitution and the law alone, and answer for their conduct under Article 239 and Article 242.
4. 4.In no case is an office holder liable for an opinion expressed or a finding published in the exercise of the office, except in the case of an offence established by final judgment.

Appointment by lot

Each office is led by a college of five drawn by lot in public session.

1. 1.The head of each office is drawn by lot, in public session, from the pool constituted for that office under Article 236, by a verifiable procedure whose method and code are published under Article 109(5) and (6).
2. 2.Each office is directed by a college of five members, drawn by the same procedure, of whom the head is one.
3. 3.Draws are conducted separately for each vacancy, and the result is published upon the draw together with the composition of the pool from which it was made.
4. 4.In no case does the Assembly, an executive committee, a planning body, a party, a federation or a council of a territory take part in the drawing or the confirmation of an office holder.
5. 5.Article 215(4) governs the annual verification that the draws were conducted as published.

Pools

Pools are public registers open to anyone qualified, excluding politicians and enterprise managers.

1. 1.Organic law constitutes for each office a public register of persons eligible to be drawn, and fixes for each the qualification and the experience the function requires.
2. 2.Entry into a register is open to every resident satisfying the published conditions, is verified upon those conditions alone, and refusal is appealable to the Constitutional Court.
3. 3.Disqualified from every pool are: members of the Assembly, members of executive committees, delegates to planning bodies, officers of a party, officers of a federation, members of the Ecological Budget Authority, members of the Judicial Council and holders of a management organ of an enterprise, in each case during office and for four years afterwards.
4. 4.Each register is public and states, for every person entered, the qualification, the experience and the declarations of Article 238(4).
5. 5.A register holding fewer than thirty persons is reopened, and organic law provides for the recruitment of candidates by public call.

Confirmation

The Judicial Council confirms those drawn, and may refuse only twice per vacancy.

1. 1.The Judicial Council confirms every person drawn under Article 235.
2. 2.The Council may refuse only upon a finding of incapacity, of a disqualification under Article 236(3), or of an interest incompatible with the office, by reasoned and public decision, whereupon a fresh draw is held.
3. 3.In no case may the Council refuse more than two persons in respect of any one vacancy, and the third person drawn takes office by operation of law.
4. 4.In no case does confirmation extend to the merits, the opinions or the expected conduct of the person drawn.
5. 5.Confirmation proceeds in public sitting under Article 213, and the decision is published with the votes by name.
6. 6.Vacancies are filled within ninety days.

Term, incompatibilities and status

Office holders serve one seven-year term, with the same provision as anyone else.

1. 1.Members of an office serve a single term of seven years, non-renewable, and in no case may a person serve in more than one office in the whole of a career.
2. 2.Terms are staggered so that no more than two members of a college are replaced in any year.
3. 3.The office is incompatible with the offices listed in Article 204(3), with membership of another oversight office, with membership of the Judicial Council, and with any function in a foreign economic entity.
4. 4.Members declare publicly, on taking office and annually, their contributions under Article 70, the associations to which they belong, their property under Article 74, and every interest capable of affecting the office.
5. 5.In no respect is the provision of a member distinguishable from that of any other resident, and Article 126(1) and (2) apply.
6. 6.Service in an office is contribution under Article 70(2). Upon the expiry of a term, Article 203(5) applies.

Removal

Only the Constitutional Court may remove them, and never for what they found.

1. 1.A member of an office is removed only by the Constitutional Court, upon application by the Judicial Council or by the college of the office, for incapacity, for a grave breach of duty established after a public hearing, for a concealed interest, or upon conviction of an offence by final judgment.
2. 2.In no case is a member removed for the content of a finding, a report or an opinion.
3. 3.The decision is published with reasons and with dissenting opinions, and the vacancy is filled under Article 235.

Resources

Office resources cannot be cut during a term, or tied to their findings.

1. 1.The resources of each office are fixed as a share of the plan by organic law, upon the estimate the office itself publishes.
2. 2.In no case may the resources of an office be reduced during the term of an Assembly, withheld, delayed, or conditioned upon the content of its findings.
3. 3.Each office recruits its own staff by open competition under Article 159, and in no case does another organ appoint, transfer or remove them.
4. 4.The premises, systems and archives of an office are inviolable, and access to them by another organ requires judicial authorisation on the conditions of Article 50(2).

Powers of information

Offices may demand documents, data and testimony from anyone, and confidentiality is no excuse.

1. 1.Each office may require, within its competence, from any organ of the Republic, any territory, any planning body, any cooperative, public establishment or federation, and any licensed foreign entity: documents, records, data, access to premises and systems, and the attendance and testimony of any person holding a public or delegated function.
2. 2.Commercial confidentiality is in no case a ground of refusal, and Article 61(2) governs.
3. 3.Refusal to furnish what an office requires is an offence, and the office reports the refusal publicly and applies to the competent court for an order.
4. 4.In no case may an office require the reasoning of a judgment, and Article 214(6) governs by analogy.

Publicity and reporting

Reports are published in full, and nobody sees them beforehand.

1. 1.Findings, reports, audits and recommendations of every office are published in full, in open and machine-readable form, free of charge, with the redactions Article 51 requires and with the dissenting opinions of members.
2. 2.In no case is a report communicated to any organ before its publication, and in no case does an organ receive an opportunity to alter it.
3. 3.Each office reports annually to the Assembly and to the public, and the report is debated in public sitting.
4. 4.An organ named in a finding answers publicly within sixty days, in writing, and upon each point. A failure to answer is recorded in the following report.
5. 5.Journalists attend the public sittings of every office by right, and Articles 53(4) and 54(6) protect their reporting and their sources.
6. 6.Every person may address an office, and receives a reasoned answer within the period fixed by organic law.

Protection of persons who assist

People who help an office are protected from any reprisal.

Article 61(3) and (4) protect any person who furnishes information to an office, and reprisal against such a person is void, grounds for reinstatement and reparation, and an offence.

Function

The Electoral Commission runs every election, referendum and recall, and every draw by lot.

1. 1.The Electoral Commission conducts the elections and referendums of the Republic, of the regions, of the sub-regions and of the communes, and the recalls of Articles 128, 170(5) and 141(3).
2. 2.It maintains the electoral list under Article 60(3), registers lists and candidacies under Article 122, allocates the campaign resources of Article 122(5), proclaims results, and publishes the record of every operation.
3. 3.It conducts the draws by lot required by Articles 142, 210, 217, 227 and 235, except where this Constitution assigns a draw to another body.
4. 4.The Commission develops and maintains, together with the communes and the cooperatives, the means by which residents take part in the procedures of self-government, extends direct participation so far as Article 267(2) requires, and publishes annually the participation attained and the obstacles encountered.

Conduct of the ballot

National votes are on paper counted by hand, and local votes may use audited free software.

1. 1.Elections to the Assembly, referendums of the Republic and recalls under Article 128 are conducted by paper ballot, counted by hand, in public, in the place where the votes were cast, and the count of each polling station is published before the ballots leave it.
2. 2.In no case may a vote in a procedure under paragraph 1 be cast, recorded, stored or counted by electronic means. Electronic aids may assist the tabulation of station results already published on paper, and the aggregation remains reproducible by hand.
3. 3.Elections, referendums, initiatives and recalls of a commune, a sub-region or a region, and the participatory procedures of Articles 92, 93, 97, 141 and 172, may in addition be conducted by electronic means under paragraphs 4 to 11.
4. 4.Electronic voting is lawful only where all of the following hold:
   1. a)the application, the systems that receive and count the votes, and every component of either are free and open software belonging to the knowledge commons under Article 10, whose source, build procedure, specification and operating configuration are public;
   2. b)the build is reproducible, and the checksum of the official binary is published in advance;
   3. c)any person, and in particular the specialists of the Republic, of the communes, of the cooperatives and of the branch federations, may obtain, examine, build, test and attack the software, and publish criticism of it, without authorisation and without liability;
   4. d)the ballot is secret, and the system discloses to no person how any resident voted;
   5. e)the resident may verify that their vote was recorded and counted as cast, without disclosing its content to any other person and without acquiring any means of proving it to another;
   6. f)results are published by district in open form, and the computation is reproducible by any person;
   7. g)an audit conducted by the division of Article 254 and by an independent body precedes each use and is published with its findings.
5. 5.Only the official binary takes part in a procedure. A binary whose checksum departs from the published checksum is refused by the procedure, and a version built by any other person, however faithfully, takes part in no procedure.
6. 6.The Republic distributes the application from its own source, free of charge, in a form installable without an account and without connection to any other service. In no case does the Republic pay a proprietary distribution platform, contract with one, accept its conditions, or require a resident to hold an account with one.
7. 7.A resident couples the application to the commune of their residence, and the application takes part in no procedure under paragraph 1.
8. 8.Cooperatives producing devices under Article 108 offer preinstallation of the application at the choice of the person ordering, under Article 108(7). A person holding a device produced outside the Republic, or a device on which the application was not preinstalled, obtains the application from the source of paragraph 6, and Article 109(7) secures the installation.
9. 9.Paper voting remains available in every procedure. In no case is a resident required to hold a device, to install an application, or to vote by electronic means, and in no case does the availability of electronic voting reduce the number, the distribution or the accessibility of polling stations.
10. 10.Where the integrity of an electronic procedure is in doubt, the Commission annuls it and conducts the procedure on paper, and the doubt need not be resolved before the annulment.
11. 11.Organic law may extend electronic means to further participatory procedures upon the conditions of paragraph 4, and in no case to a procedure under paragraph 1.
12. 12.Any resident may observe every operation of an election, and lists, associations and journalists attend by right.
13. 13.Polling stations are placed within reach of every resident, including in places of detention under Article 60(4), in hospitals and in care institutions.
14. 14.The list, the station results, the aggregation and the computation of Article 120(2) are published in open form, and the computation is reproducible by any person.

Registration and refusal

The Commission may never judge a list's ideology or its programme.

1. 1.Registration of a list or a candidacy is refused only for want of a condition fixed by this Constitution or by organic law, is stated in writing with reasons, and is appealable to the Constitutional Court within seven days under Article 122(4).
2. 2.In no case may the Commission examine, classify or assess the programme, the ideology or the opinions of a list, and Articles 12(4) and 53(5) govern.
3. 3.In no case does a finding of the Office of Democratic Integrity affect the registration of a list or a candidacy.

The Boundary Division

An independent division draws electoral boundaries in public, on published criteria.

1. 1.The independent commission of Article 121(5) is a division of the Electoral Commission, composed for each apportionment by lot from the pool of Article 236, and comprising no member of the college of the Commission.
2. 2.The Division draws boundaries by the criteria of Article 121(5), upon a public procedure with hearings in the affected localities, and publishes its reasoning, its data and the alternatives it considered.
3. 3.Article 121(6) governs the effect of its proposal.

Electoral disputes

Election disputes go to the Commission and then the Constitutional Court, free of charge.

1. 1.Disputes concerning the list, the conduct of the ballot, the count, the computation or the proclamation are decided by the Commission in the first instance, upon reasoned and published decision, and are appealable to the Constitutional Court.
2. 2.Any resident may bring a dispute, and Article 231(4) governs costs.
3. 3.An irregularity annuls an election only where it was capable of affecting the result, and the Court states the finding on which the annulment rests.

Function

The Audit Office checks how everyone used real resources, in physical and ecological units.

1. 1.The Audit Office audits the use of resources by every organ of the Republic, every territory, every planning body, every public establishment, every federation, and every cooperative in respect of its use of common resources.
2. 2.Audit is conducted in the physical units of Article 7(2) and in the ecological accounts of Title II, and examines whether resources reached the purposes the plan assigned, whether the ceilings of Article 100 were observed, and whether the accounts were kept truthfully.
3. 3.The Office audits the resources of the judiciary under Article 215, the offices of this Title, and its own accounts through an external auditor appointed by the Constitutional Court.

Powers

It may audit on its own initiative, or at the request of ten thousand residents.

1. 1.Article 241 governs the powers of the Office to obtain information.
2. 2.The Office conducts audits on its own initiative, upon a resolution of the Assembly, upon the request of a council of a territory, upon the request of a branch federation, and upon the petition of ten thousand residents.
3. 3.The Office may audit at any stage, and in no case is an audit confined to a period after the completion of a programme.

Reports and consequences

Audit reports are public, and go to prosecutors when they disclose an offence.

1. 1.Reports are published under Article 242 and state the findings, the sums and quantities involved, the persons responsible and the remedies proposed.
2. 2.Where an audit discloses an offence, the Office transmits the file to the prosecution service, which decides under Article 226 and publishes its decision.
3. 3.Where an audit discloses a departure from the plan or from a ceiling, the Office transmits the finding to the National Planning Congress, which answers under Article 242(4).
4. 4.Where an audit discloses conduct engaging Article 43(4), the Office states the finding, and any person may act upon it before the courts.

Function

The Defender of Rights takes complaints against anyone about any right in Title III.

1. 1.The Defender of Rights receives complaints from any person concerning the violation of a right of Title III by any organ of the Republic, any territory, any planning body, any public establishment, any cooperative, any federation, or any licensed foreign entity.
2. 2.The Defender assists complainants, investigates, publishes findings, proposes remedies, and brings proceedings before the courts in its own name or in support of a complainant.
3. 3.The Defender holds standing under Article 231(3) and may intervene in any proceeding concerning a right of Title III.

Complaints and remedies

Complaints are free, in any language, and the Defender can go to court for you.

1. 1.A complaint may be made by any person, in any language of record, in writing, orally, or through the public information system, free of charge, and without exhausting any other remedy.
2. 2.The Defender answers every complaint with reasons, and refusal to investigate is stated in writing and is reviewable.
3. 3.Where a violation is found, the Defender proposes the remedy, and the organ concerned answers publicly within sixty days under Article 242(4).
4. 4.Where the organ fails to remedy, the Defender applies to the competent court, and Article 43 governs.
5. 5.The identity of a complainant is protected, and Article 243 applies.

Division for data and automated systems

A division of the Defender polices data, and bans prohibited automated systems.

1. 1.A division of the Defender supervises the processing of personal data under Article 51 and the use of automated systems by every organ and undertaking.
2. 2.The division maintains a public register of every automated system used in administration, in planning, in allocation and in provision, stating its purpose, its inputs, its logic and the person accountable for each decision it assists.
3. 3.The division verifies compliance with Article 51(5), (6) and (7), orders the cessation of a prohibited system, and in no case may its order be set aside by any organ except a court.
4. 4.The division audits the assignment system of Article 201 jointly with the Audit Office under Article 215(1), and conducts the audits required by Article 245(4)(g).

Inspection of places of detention

Another division inspects places of detention unannounced, and publishes what it finds.

1. 1.The independent body of Article 47(4) is a division of the Defender.
2. 2.The division visits without announcement every place where a person is deprived of liberty, speaks with any detained person in private, examines every register, and publishes its reports under Article 228(4).
3. 3.In no case may a visit be refused, delayed or conditioned, and refusal is an offence.

Function

The Commissioner for Future Generations represents people not yet born.

1. 1.The Commissioner for Future Generations represents the interests of persons not yet born in the deliberations of the Republic, and holds the trust declared by Article 5(5).
2. 2.The Commissioner examines whether the acts, plans and programmes of every organ transfer depletion, contamination, disrepair, obligation or risk to succeeding generations, and publishes findings under Article 242.

Powers

The Commissioner is heard in the Assembly and in the plan, and can sue.

1. 1.Article 241 governs the powers of the Commissioner to obtain information.
2. 2.The Commissioner is heard by right before the Assembly, before its committees, before the National Planning Congress at every stage of the cycle of Article 97, and before the councils of the territories.
3. 3.The Commissioner holds standing under Articles 19(2) and 231(3), and may bring an action before the Ecological Chamber under Article 27.
4. 4.The Commissioner may require the reconsideration of an act on the ground of long-term effect, whereupon the organ concerned reconsiders in public sitting and answers under Article 242(4). The reconsideration in no way binds the outcome.
5. 5.The Commissioner participates in the procedure of Article 25(1) and submits evidence to the Ecological Budget Authority.

Long-term impact statements

Bills, plans and long-lived projects carry a published long-term impact statement.

1. 1.Every bill under Article 134(1), every draft plan under Article 97(1)(b), every spatial plan under Article 184 and every proposal for an installation whose effects extend beyond thirty years carries a statement of its effect upon succeeding generations, computed over the periods organic law fixes and published with the draft.
2. 2.The Commissioner examines the statement, publishes an opinion, and a draft proceeding without a statement or against an unanswered adverse opinion is recorded as such in the register.
3. 3.Custody of nuclear waste under Article 32(6), the retirement of installations, the restoration owed under Article 23(1)(j), and the maintenance of works are examined by the Commissioner at intervals of no more than five years.

Function

The Office of Democratic Integrity monitors, verifies and refers, and holds no other power.

1. 1.The Office of Democratic Integrity monitors the conditions of participatory democracy and of social ownership, verifies the declarations of interest this Constitution requires, and investigates the appropriation of public resources.
2. 2.The Office publishes its findings and refers matters to the Constitutional Court and to the prosecution service, and holds no other power.

Declarations and integrity

It publishes officials' declarations, and investigates misuse of public resources.

1. 1.The Office receives, verifies and publishes the declarations required by Articles 125(3), 152(4), 204(4) and 238(4), and by organic law.
2. 2.The Office verifies the consistency of a declaration with the personal property of the declarant under Article 74, and publishes any discrepancy.
3. 3.The Office investigates the appropriation of public resources, the preference prohibited by Article 113(3), the conduct prohibited by Article 125(4), and the transactions void under Article 114, and transmits files to the prosecution service under Article 226.
4. 4.The Office verifies compliance with Articles 152(6) and 203(5) concerning functions taken after leaving office.

Monitoring

It reports yearly on media concentration, participation, equality between territories and prohibited acts.

1. 1.The Office monitors and reports annually upon: the concentration of the means of communication against the ceilings of Article 54(4); the independence and resources of media organisations under Article 54(3) and (5); the observance of the participation this Constitution requires, in the terms of Article 143(9)(b); the accessibility of registration under Article 63(1); the operation of the assemblies of Articles 92, 93, 141 and 172; the equality of provision between territories under Article 91(3); the resources of the courts and of the offices under Articles 193(5) and 240(2); and the acts prohibited by Article 265.
2. 2.The Office publishes indicators, methods and data for each of these matters, in open form, and its methods are open to public criticism and to revision upon reasoned objection.
3. 3.Findings are addressed to acts, to measurements and to conditions. In no case does the Office attribute an ideology, a doctrine, an intention or an affiliation to any person or association.

Referral

Its findings go to the Constitutional Court or to prosecutors, never to a sanction of its own.

1. 1.Where the Office finds an act within Article 265, or a course of conduct within Article 266, it publishes the finding and refers the matter to the Constitutional Court under Article 231.
2. 2.Where the Office finds conduct within Article 12(3), it publishes the finding and refers the matter to the Constitutional Court, which alone decides under that Article.
3. 3.Where the Office finds an offence, it transmits the file to the prosecution service.
4. 4.A referral states the acts found, the evidence, and the provision engaged, and is published with the answer of the organ or person concerned.

Limits of the Office

It may never classify anyone by ideology, ban anything, or touch a candidacy.

1. 1.In no case may the Office classify a person, a party, a list or an association by ideology, opinion, doctrine or programme, and Articles 12(4), 51(7) and 53(5) govern.
2. 2.In no case may the Office ban, dissolve, suspend or restrict an association, refuse or annul a candidacy, exclude a person from office, attach an electoral consequence to a finding, or impose any sanction.
3. 3.In no case does a finding of the Office bind a court, and the Court decides upon the evidence before it.
4. 4.In no case may the Office maintain a register of persons by opinion, conduct surveillance, or acquire information otherwise than under Article 241.
5. 5.A measure adopted in breach of this Article is void, and Article 43(4) governs.

Purpose

The limits that follow bind every organ and every majority.

The limits of this Chapter bind every organ of the Republic, every territory, every planning body and every majority, and they exist so that the guarantees of this Constitution survive the intentions of those who hold power under it.

Acts void in every case

Seventeen acts are void whoever adopts them, including privatising the commons and mass surveillance.

1. 1.The following acts are void, whoever adopts them, by whatever majority and by whatever procedure:
   1. a)alienation, transfer, pledge or grant in exclusive right of a commons resource, contrary to Articles 9(2) and 83(2);
   2. b)the reintroduction of capital markets, of tradable claims on productive assets, of enterprises operating for profit, of lending at interest, or of the employment of persons for the appropriation of their surplus labour, contrary to Articles 6(4) and 88(3);
   3. c)the letting for gain of a dwelling, of land, of tools or of a productive asset, contrary to Articles 65(6) and 88(3);
   4. d)the grant of an exclusive right over knowledge, including a patent, contrary to Article 10(2);
   5. e)the abolition of essential provision, its reduction below the minimum core, or its conditioning upon contribution, conduct, status, document, debt or behaviour, contrary to Article 62(2) and (3);
   6. f)the introduction of a charge for a good or service falling within Articles 62 and 107;
   7. g)concentration of the means of communication beyond the ceilings of Article 54(4), the establishment of a monopoly of information, or the allocation of resources to media organisations by reference to the content published;
   8. h)the suspension, postponement or cancellation of an election outside Article 123(4), the extension of the term of the Assembly by its own decision, or the alteration of an electoral district for a purpose prohibited by Article 187(5);
   9. i)the removal, restriction or transfer of the jurisdiction of the Constitutional Court under Article 216(2), the shortening of a term protected by Article 223(3), or the exclusion of any act of public power from judicial review;
   10. j)a state of emergency without a terminal date, its renewal without a fresh finding, or derogation from a right listed in Article 42(2);
   11. k)indiscriminate collection, retention or analysis of the communications, movements or associations of the population, contrary to Article 50(3);
   12. l)deprivation of citizenship, contrary to Article 58(4);
   13. m)the registration, classification or scoring of persons or associations by opinion or by ideology, contrary to Articles 12(4), 51(7) and 53(5);
   14. n)the conferral of a function named in Article 163(3) upon a body outside Article 163(1);
   15. o)the contracting of external debt, the pledging of the common heritage or of a productive asset, or submission to external financial conditionality, contrary to Article 117(5);
   16. p)the raising of an ecological ceiling otherwise than under Article 25(6), or the discharge of a domestic ceiling by an offset acquired outside the territory, contrary to Article 23(2);
   17. q)compulsion to labour outside Article 48(3), and the conditioning of provision upon labour, contrary to Articles 48(2) and 70(4).
2. 2.An act within paragraph 1 produces no legal effect, confers no right, and requires the obedience of no person.
3. 3.Any person may plead the nullity before any court at any time, and Article 231(1) governs standing and costs.
4. 4.Persons who proposed, adopted or executed an act within paragraph 1 are personally liable under Article 43(4), and Article 229(2) governs.
5. 5.Title XII places the matters of this Article beyond the amending power.

Attainment by indirection

Reaching a prohibited result indirectly, or by a series of steps, is equally void.

1. 1.A measure that attains in substance a result prohibited by Article 265 is void, whatever its form, its designation or its stated purpose.
2. 2.A series of measures that attains such a result cumulatively is void from the measure at which the result is reached, and the Constitutional Court examines them together.
3. 3.Void in the same manner are: the withdrawal of resources from an office, a court or a territory so as to disable a function this Constitution guarantees; the transfer of a function to a body outside the reach of the guarantees attaching to it; the creation of a category of person to whom a guarantee does not apply; and delay employed so that a right expires before it can be exercised.
4. 4.The Office of Democratic Integrity reports upon courses of conduct within this Article under Article 261(1), and refers them under Article 262(1).

Direction of development

The Republic must move toward wider participation and more free provision, never backwards.

1. 1.The Republic develops toward wider participation, toward provision furnished free at the point of use, and toward the reduction of every relation of subordination among persons.
2. 2.Provision attained is retained under Article 41(4). Participation attained is retained, and a measure narrowing the participation this Constitution guarantees is presumed unconstitutional, the authority adopting it bearing the burden of demonstrating necessity.
3. 3.Movement of goods into general provision under Article 106(2), abolition of the residual unit under Article 111(6), reduction of working time under Article 72(2), and elimination of arduous tasks under Article 116(1) are standing objectives, and each organ reports annually upon the progress made.
4. 4.In no case does this Article confer a power upon any organ, and it furnishes a standard of interpretation and a criterion of review.