Extraordinary Preamble

« Declaration of Birth of the Federation of State-Nations of Europe under the Constitutional aegis » Bestowal from the European Citizen to Europe and the Europeans. 16.06.2005 (First Version of translation)

« At the confluence of the History of wandering Peoples and the civilizing force of the Spirit of Law, is born the Federation of State-Nations of Europe ». « I am the European Citizen. I am Europe ». (skip to page 3. The first pages are only relevant to the French internal politics and has been not translated ).

"A la confluence de l'Histoire de l'errance des peuples et la force civilisatrice de l'Esprit de la Loi, naît la Fédération des Etats-Nations d'Europe." "Je suis le Citoyen Européen. Je suis l'Europe". De la dissolution, nous passons à la Fondation. L'objectif de ma présente intervention est de donner une constitution à L'Europe. L'Union Européenne va être dottée d'une Constitution dans un avenir très proche et donc bien avant l'échéance lointaine du 1 Novembre 2006. Je procèderai par une démonstration en deux étapes. Dans un premier temps, je m'appuierai sur le diagramme de la la Fédération des Etats-Nations d'Europe qui donne la photographie de l'Europe proposée par la présente Constitution, puis dans un deuxième temps, je m'appuirai sur le diagramme des lois Ethiques pour effectuer un audit du Texte Constitutionnel. Dans l'entreprise qui m'incombe aujourd'hui, je vais avoir besoin de requérir à l'intervention de pas moins trois Présidents: le Président par Légitimité, le Président par reconnaissance de la Légitimité, et le Président de l'Union Européenne (par intérim). Et je nécessiterai aussi l'intervention active d'un pays, la France. Cette dernière a joué un rôle majeur jusqu'à présent dans le processus de la genèse Constitutionnelle. Elle continuera à jouer un rôle leader dans le processus de la construction Européenne. Le 29 Mai 2005 dernier, journée de vote du référendum sur la Constitution Européenne, fut une journée chargé pour moi. J'étais mentalement très occupé à construire un plan alternatif qui donnerai une Constitution à l'Europe si l'issue du référendum devait se révéler compromettant pour le devenir de la Construction Européenne. Le peuple d'une nation s'exprime souverainement au cours d'un processus réferendaire. Quoiqu'il arrive, j'allais respecter totalement la décision du Peuple Français à l'issue du dépouillement final. Quel que soit un verdict, il s'agit d'en prendre acte et de continuer dans le respect absolu de ce qu'un peuple entier a exprimé. Ce jour-là je suis allé à mon bureau de vote et je votai blanc. Ce qui m'importait était de connaître la

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décision du Peuple français et donc je ne m'exprimais pas. Je savais déjà exactement ce que je voulais, et je désirais savoir ce que le peuple français voulait. C'est avec une sérénité totale que j'accueillais le verdict du non. Et je savais aussi dès lors qu'un labeur colossal m'attendait. Le diagramme de la Fédération des Etats-Nations d'Europe fut élaboré au cours de cette journée de dimanche 29 Mai. La tête, les jambes, tout y était… Un jour, un homme politique s'est adressé à moi et m'a dit: "si un jour vous avez une idée géniale, faites-nous en part. Je suis tout à vous pour vous écouter et je transmettais à notre gouvernement". Je m'en remets à lui entièrement aujourd'hui. C'est une personne d'intégrité et d'éthique. Ma confiance en lui est totale. Cette personne était Mr Lionnel Jospin alors Premier ministre et Chef du Gouvernement de la France. La scène se passait, il ya bien des années maintenant où j'étais jeune…sur le quai de Rouen à l'occasion du Festival International des Grands Voiliers. C'était une situation de chef du gouvernement en déplacement qui serre la main aux badauds. Lorsque je m'apercevai que le point de rassemblement de la foule était Mr Lionel Jospin, je réagissai avec ingénuité. Je connaissais Mr Jospin comme étant la personne qui avait su redonner à la France Espoir alors que, lorsque ce dernier était entré en fonction le pays était dans un profond marasme économique et morale. Peu importe les solutions controversées (emplois jeunes, 35 H…), peu importe qu'il fût de gauche ou de droite, ce dernier avait été capable de donner espoir à une Nation, là où il en restait peu. Par un tel acte, pour moi, il était à l'égal d'un Président. Il était un Président. Je me disais promptement: "Je dois voir cette personne. Il faut que je voye cette personne. Jamais dan ma vie, j'aurai d'autres occasions de voir un Président. C'est la chance unique de ma vie". J'écartais devant moi énergiquement foule et gardes du corps (qui étaient outragés) et je me plantai devant Mr Lionnel Jospin, le visage parcouru par un sourire immense (je ne m'étais même pas aperçu que je souriais de toute mon âme). Je pense que la réflexion qui lui a traversé l'esprit fut: "Une personne qui a un tel sourire est une personne géniale", et il m'a exprimé les paroles que j'ai retranscris plus haut. Aujourd'hui je lui remets le présent document que vous pouvez tous lire. Cette personne est un homme politique avec des qualités exceptionnelles. Il a su reconnaître le génie (alors que moi-même à l'époque, j'ignorais complètement que je pusse avoir du génie). Il a écouté et il a proposé de donner au génie les moyens de s'exprimer. Toutes ces qualités sont peutêtre naturelles pour cette personne mais elles revêtent une importance vitale aujourd'hui. C'est grâce à ces qualités de reconnaissance, d'écoute, de bonté, de simplicité que je peux m'exprimer aujourd'hui. Nous devons tous beaucoup à cette personne. Sans doute aurais-je pu envoyer directement mon document au Parliament Européen, mais nul doute que, même avec les meilleures volontés du monde, mon texte eût été tronqué et ne vous serez jamais parvenu dans la version intégrale que vous lisez aujourd'hui, qui est pratiquement identique à sa version originelle. Je confie à cette personne la mission de vous transmettre mon texte dans la version la plus intégre possible par rapport à l'original. Je lui confie aussi la charge de veiller à ce que mon identité et mon anonymat soient protégés strictement. Je vais donner beaucoup à l'Europe. Je vais donner mon âme et mon coeur à l'Europe. Pour ce qui est de la personne et de la vie privée, je les garderai entièrement pour moimême. Afin d'assurer la réussite de ma mission, j'ai besoin de l'intervention en concert de trois Présidents: le Président par légitimité, le Président par reconnaissance de la légitimité et le Président du Conseil Européen. Mr Lionel Jospin est le Président par Légitimité. Mr Jacques Chirac est le Président par reconnaissance de la légitimité. Un Président qui sait reconnaître la légitimité est à l'égal du Président légitime. Mr Jacques Chirac a su gagné une place, dans les affaires internationales mondiales, qui lui valent aujourd'hui le respect et le fait d'être aimé par tous les autres chefs d'Etats Européens. Il a l'autorité et la charisme nécessaire pour imposer et faire respecter les directives demandées dans le présent texte. Il sera pour nous le garant de la bonne conduite du déroulement du processus Constitutionnel exceptionnel que nous vivons ensemble aujourd'hui. Mr Lionel Jospin présidera le comité de rédaction qui sera chargé de donner la forme finale du texte préambulaire exceptionnel et de procéder aux modifications idoines du texte Constitutionnel. Il est le garant de l'intégrité des textes amendés ou modifiés qui composeront le texte constitutionnel final. Aux élections présidentielles françaises de 2002, une anomalie constitutionnelle, non "reconnue" encore, s'est produite. "Pourquoi une personne, un Président par Légitimité, qui aurait dû sortir gagnant par une large, très confortable majorité, est-il évincé par des contingences circonstantielles relevant de l'incident inopportun?". Je sais aujourd'hui que cette anomalie était là pour me donner les deux Présidents dont j'ai, nous, avons besoin 2

présentement. Je suis convaincu maintenant que tout n'était que la préparation cohérente en filigrane de l'événement exceptionnel fondateur que nous vivons ensemble aujourd'hui. L'élection "confisquée" de 2002 avait pour but direct ou indirect, mais en tout cas effectif d'instruire la statuation de 2 Présidents, le Président par Légitimité et le Président par reconnaissance de la Légimitité. La France va s'exprimer par le jeu en concert de ces deux Présidents. Elle va insuffler la correction et l'amendement de la Constitution référendaire. Un processus de ré-écriture est en principe infaisable. C'est l'infaisable qui va se produire dont nous allons être les témoins mérillonnés très prochainement. Les ré-écritures et amendements vont se produire. Citoyens Européens, l'heure est à la réjouissance et il sera ensuite à la Célébration. Nous allons avoir une Constitution ratifiée bien avant l'échéance du 1 Novembre 2006!… Une entreprise de ré-écriture d'un texte constitutionnel qui est en milieu de parcours de son stade référendaire, est un processus dont la mise en oeuvre est excessivement lourde et difficile à réussir. Cela demande pas moins, deux Présidents venant de France (et non pas seulement un tandem Président-Ministre) qui feront montre de tout leur poids pour imposer le texte préambulaire extraordinaire, ses corollaires et les modifications subséquentes dans le texte constitutionnel final. La France a eu un rôle leader jusqu'à présent et elle va maintenir son rôle leader [trouver une autre expression que leader]. Je remets les Lois Ethiques au Président par Légitimité. Sa charge sâcrée est de révéler au monde l'enseignement, la sâgesse et l'amour contenus dans ses Lois. Le diagramme des Lois Ethiques a la forme d'une croix (une croix Christique diront certains). Elles foudroient notre mentale par leur simplicité extraordinaire (elles sont pratiquement évidentes, "auto-évidentes", self-obvious truths). Elles se présentent comme des vérités évidentes par elle-même. Leur usage et leur application se fait avec une efficacité totale et indéflectible. L'Ethique est une science éxacte. Elles sont redoutables. Elles fustigent les multinationales (et elles peuvent les balayer). Elles auditent les Constitutions et en l'occurrence, la présente Constitution à son stade référendaire. Les Lois Ethiques sont un Don à l'Humanité, qui viennent des Hautes Consciences, et que nous devons remercier. Mais, elles ne pouvaient venir qu'à ce stade technique et sociale, mondiale atteints par la présente Humanité. Nous pouvons nous pencher brièvement sur l'Histoire de l'Ethique. Cette dernière a toujours existé. Autrefois, elle était la Morale des littérateurs (La Fontaine, La Bruyère). Elle était la Morale des Philosophes (Platon, Aristote, Spinoza…). Puis la morale s'imposa dans la Science sous l'épitaphe "Pas de science sans conscience"; et puis finalement, la morale s'institutionalise dans le Commerce, à la suite des grands scandals Enron, Worldcom, sous la forme de l'énonciation des Lois Ethiques. Il n'y a pas de science sans conscience, pas de commerce sans conscience…pas d'Europe sans conscience. Lorsque toutes les signatures auront été rassemblées, puis revenues à Bruxelles pour la ratification finale, le Président par Légitimité vous racontera à tous l'anecdote par laquelle les Lois Ethiques me sont venues. C'est une belle histoire…C'est dans un pays de l'écoute, de la Légitimité, de la reconnaisance de la Légitimité, un très grand pays du débat référendaire de l'Union Européenne, que je souhaitais que les Lois Ethiques voient le jour.

France will continue to play its motor, editorial, debating, referendum leader role in the Construction of Europe. Her mission is to give to Europe the fundament value that will be that of Europe : Fraternity. This value is the third cardinal value of he French Republic, that France hands over to Europe today. The double paradox about this term is that this Republican value has no signification for France and the French people on one hand (in civic education and political debate, this value is never defined and used) ; and on the other hand,

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this term appears nowhere in the text of the Constitution, the closest word used being the word solidarity, which is inscribed in the clause of Fundamental rights. Fraternity is a double unknown. France has been chosen by the Ethics Laws. It is the destiny of this country. Originally, she is the country of « Law », that proclaims the Universal Declaration of the Rights of Men and the Citizen, that makes the values Liberté, Egalité the fundamental rights for each individual. Later, she was receiving the last value of incommensurate meaning and importance “Fraternity” although that meaning was to remain concealed. Without knowing it, all along that time, France was the guardian of the incredible, fundament value, «Fraternity », that was kept in the surest place possible as it was inscribed in the list of the fundamental values of Republic. The word Fraternity has no meaning for France. But we will see soon that this value is the Fundament value of Europe. It is the Soul and the Heart of Europe. France was to be the guardian until the day when she hands over this value to Europe. What is the value Fraternity for Europe ? It is in fact all. Without Fraternity, Europe would have never been. Although the word was not used in the origins, it is she which created Europe and for 50 years, she was the driving and federating force of Europe. Instead was used the word Friendship. Europe was born from the desire to make the enemies of yesterday, friends by making them becoming economic partners. The construction of Friendship was the first objective and the economic concern only the secondary objective. She had always been present in the background in filigree. Today we formalize and we intitutionalize it. Fraternity (between Nation-Peoples) is Primary value, Fundament value, Driving and Federating value of the European Union. The economic goal with its liberal or ultra-liberal connotation, is secondary value. It follows. It is fraternity-friendship, invisible and driving and federating force, not conceptualized yet, which built the first 50 years of Europe. It is the Fraternity of Nation Peoples, conceptualized into Fundament value, that will build the next 50 years. A world war was coming to its end and the concern was to build a friendship between enemies. A cold war has just come to its end and the present stake for us, is to make come together Eastern Europe to well-off Western Europe. (it is the continuation of the peace process construction). The first European Construction had its debuts under the impulsion of initiators such as Schuman and Jean Monnet. 50 years later, the loop was met in the symbolic image representing Mr Mitterrand and Mr Elmut Kohl giving hand to one another. Today, I am the one who will give the impulsion. I reach out and I give my hand to all the East European Countries newly integrated to the European community. I aleady know because it does already exist in my heart that in 50 years from now all our children from all the European countries will shake hands. It is with happiness that I give my hand to greet, to support, to lift and to make come to us. For me, the Fraternity of Nation Peoples is not just a fundament conceptual value. It is a living and permanent reality, a flow never interrupted streaming within my heart. It is the nourrishing, rapturing sentiment that traverses the soul. It is a happiness to see the countries of Eastern Europe because I know very well these countries as much as I know the European countries of the Western part. Happiness renewed in front the familiarity of landscapes, faces, images. It was a happiness to see on television broadcast, with all the Spanish People the wedding of Felipe and Laetitia in Almudena Cathedral. I stooped in the front of the statue of Queen Victoria (stalking in front of Buckingham Palace). Beyond all the century and time past, this gesture kept all its meaning and importance intact in my soul. When I think of Eastern European countries, I get on a horse and I rush riding through fields, prairies, forests, endless green spaces. These are exhilarations that will stay for ever in my soul. I am conscious that many people feel apprehension in front of the arrival of new little countries which have a level of society and life too inferior to that of the European standards. The difficulties, we will overcome them together. And then one day, the apprehension will vanish away completely, leaving in our hearts room for other sentiments which will merit genuinely to be felt, experienced , shared. We had never understood the signification of the word Fraternity at the scale of France. At this scale, it was in fact impossible. The destiny of the third Republican value was to be carried and arrive until Europe. It is only at this level that it reveals itself, showing what it is with its full meaning. It is the Fundament value that will guide the European construction in the next 50 years. It is First Value that will bear and sustain us in the construction of our common future. 4

Fraternity of Peoples, reality and presence, immanent, permanent, alive which irrigates my soul and which is in me without any effort from my part to create its presence. I know you are numerous whose soul also carries the innate love sentiment for the Nation Peoples. Let’s join together today in farandole and let us go to share that sentiment with our brothers and sisters of Europe who do not know this feeling yet. But we do know. We know we have cried so many times already, hiding our tears, when the orchestra played the IX Symphony with resonance. We know how much the sentiment of Fraternity born by the music, penetrates us to our deepest soul in a grace that obliges to put down weapons and kneel down so strong, beautiful, and true is the emotion. Let’s take this moment to listen to the IX Symphony. It is the IX Symphony, I write in golden letters in this phrase. « In the Love of Nation Peoples, Fraternity, we place our future ». « In Fraternity, we trust ».

Europe has just been born. This epitaph will be the Arms, emblem of Europe. We are going to inscribe on our coins this phrase which is the Heart of Europe. (include here the Charta of the Fundamental Rights of Nation Peoples)

We are now going to start our demonstration. We are going to reply to the two questions. Which Europe does the present Constitution submitted to Referendum propose to foundate ? What is the quality of the Constitutional text ? I am going to base my analysis upon two diagrams : diagram (1) of the Federation of State-Nations of Europe and Diagram (2) of the Laws of Ethics. Diagram (1) serves to position visually the ensembles of complex issues of the construction of the European Union on a structured scheme, which will amaze with its simplicity and its incredible clarity. The purpose of the scheme is not to give solutions. It is there to offer the clearest and most structured possible vision of a complex ensemble. It gives to us the photography of Europe that the present referendum-submitted Constitution proposes to establish. The scheme shows exactly where we are in the trajectory of the Construction of Europe. Through interpolation we can build the models of Europe towards which we wish to make our present Europe head. Diagram (2) enables the audit of the Constitutional text, accesses its degree of alignment to Ethics Laws. From there we validate or reject the Constitution. To build the diagram of the Federation of Nations, I inspired myself from the « Christ » cross of the Laws of Ethics diagram. The Federation of Nations is born at the confluence of two main streams, one horizontal and the other one vertical. The logic of the horizontal line tells the Eternal tale of Migrating Nation Peoples from wandering to settlement and the definition of Citizenship. The vertical stream represents the stream of the civilizing Force of the Spirit of Law, that erects Society.

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The squares of the diagram represent the major thematics of the European Construction. We can take any article of the Constitution and place it on the theme representation of Europe. This structured representation makes it extremely easy the visualization and the positioning of an existing article []. We can take a thematic square and establish the complete list of the relevant articles. It would be interesting to do this exercise but this is not the purpose of this text. It will not be the approach I will use. In a first step, we will have a general overflight look of the diagram and we will enunciate the Guiding Principles of the thematics then we will proceed to the thorough study of each thematic square. Each time, I give with care the most significant articles in a thematics. But more pertinently, we will re-instate and develop the Principles guiding the thematics. At the starting point, we have the « Nation Peoples » ensemble thematics. It is a thematics square very rich in litigations but not crucial themes. It defines the relationships of Europe with exterior Nation countries. We will find there the following topics : ** theme pertaining to immigration and its regulation (Article III-265 to 268). ** theme pertaining to the integration of Candidate countries into the Union ( and thus the limitation of the borders of Europe). ** theme pertaining to the Humanitarian help (Article III-316 to 321). ** theme relative to the dotation of Europe with a supra-national army and the assignment of its missions (Article I-41, Article III-321 to 329) ; The Principle guiding this thematic square is the Principle of Help to Nation Peoples to put in parallel with the Principle of Mutual Help which guides the theme « Federation of Nations ». The latter thematic square does not bear any litigation. It serves to reaffirm the cardinal driving value of Europe : Fraternity. Then we have the thematics of the European Citizen. There is no litigation at this level either. But it is interesting a thematic square because it is rich with future possible interpolations relative to the inflexions we will give to the definition of European Citizenship and the learnings of it. The square « President of the European Union », is a square also extremely rich with regard to the evolutions that Europe Nations will give by consensus to the definition of the « European President ». The square « European Citizen » guided by the Principle of Equality, serves to put in exergue the Principle of Equity « the same Laws for All » that guides the « Corporates » square. As much as the Equality Principle may seem superfluous (because it is already a 200 year old acquirement. Reinstating it would be just necessary Principle Declaration bashing up), we will see how crucial the Principle of Equity is and how far it is from being an [acquirement].The Principle of morpho-social coherence is at the same level as much crucial. « Social Coherence » comes to replace the old terminology « Social and territorial Cohesion ». « Corporates » and « Public Services » are « nerve » sensitive subjects for Europe. We return to these themes ulteriorly deeply.

1. We return to the square « People ». There is no issue raising any major crisis situation in this theme square. The only concern was the subject of the Frontiers of Europe, integration of candidate countries, that was occasionally evacuated or minimized during debates for the profit of crucial problems. In a diagram, we position visually exactly where this problem takes its place in the construct framework of the European construction, and it will be no longer be possible to minimize this theme. The Constitution gives a fair treatment for this thematics. I only wish to express myself on two points : Turkey and the dotation of Europe with a supra-national army. Concerning Turkey : With my understanding and perception, what I understand is Turkey will never enter the European Union. The admission into a group must occur in a frank manner or it never occurs. In all cases, it does not occur in the [lézardé et larvé] manner we observe it. An integration marked by the slowness of the procedure, lets us 6

foresay that the allotment to the entering protagonist with the usufruct and full enjoyment of plenary rights, which are the lot of all the State members, shall never be total. The acknowledgment of full member state, ratified on the paper, will never be totally in the factualities of communitary life. Beyond the problem of an adhesion which is polemic, controversed, tergiversated and eventually conceded, comes life in a community where one is never totally acknowledged by the others and respected at one’s true value. I foresee that the European experience might reveal itself to be an episode without glory and inutile to the history of Turkey. There are vexations, humiliations, pains, mind changings, that are not worth-while living… The history of the application of Turkey will have proved to be a history of uncertainties, uncertainty from Europe vis-à-vis Turkey, uncertainty from and for Turkey about the sentiments of the Europeans bearing for her. But the only certainty I have is Turkey will reach the economic level to enter the European Union. I don’t have the slightest doubt about this. My confidence to the Nation People of Turkey is total. The adhesion is motivated greatly by economic reasons, a form of « venality ». Europe being more developed than Turkey, this initiative to integrate Europe is justified. The problem of acknowledgment and dignity will raise at some point in the future. They are a Nation People of dignity. Their efforts of development in the last past five years, prove and underline in that direction : they are a Nation People resolutely oriented towards the path of modernity. Turkey will not make the move towards the European Union. We, the European Union, will make the move and go towards Turkey. Will be added in the Constitutional text, an exceptional article defining the status of the « privileged, acknowledged and respected » co-member. Privileged signifies that Turkey has the full enjoyment of all the rights granted to a state member, with no concession. Acknowledged signifies the recognition that turkey has the economic entry level to access the Union. Respected is the respect payment, which I am afraid will never be given in a « full » membership to the Union. This respect payment is illusional. The future of turkey is NOT in Europe but WITH Europe. Turkey has two present stakes : an economic enjeu and a cultural enjeu. The economic enjeu will occur with Europe. As far as culture is concerned, Turkey has a rich cultural and historical patrimony, extremely distinct from that of Europe, which despite the local disparities remain a geographical space characterized by a compact and homogenous culture. Turkish culture will lose a lot if not totally in an European landscape with which identification and cultural closing is null de facto. Once turkey has reached the economic entry level of Europe, she will then concentrate on radiating her culture. This is the program, I believe, to be fully lived. Concerning the Army : Eventually (I allow the text of my Preamble to be in advance to the text of the Constitution), The European Union will be equipped with a supra-national army. I define in the following lines the missions of this army : 1. The mission of Peace Maintenance. Principles must evolve. The POLITICAL non-ingerence Principle is one of the oldest Principle regulating the interactions between Nations along the XX Century. The goal of such a Principle was to guaranty the sovereignty of a State at a time (beginning of XX) when the European frontiers were unstable and frequently remolded by wars. At the present stage of humanity, at the world level, all the boarders are stabilized and it becomes possible to define a new Principle : the Humanitarian Ingerence Duty Principle. The invocation of that Principle, enables the President of the European Union to send his army wherever a humanitarian crisis requires the intervention and presence of peace maintenance force. 2. The Humanitarian mission. At times, situations with no military conflict occur. The role of the army will be to ensure humanitarian help (like the tsunamis case in the Indian Ocean). In the course of time, the 7

mission of the army will evolve from being less and less a mission of Peace Maintenance to be uniquely the missions of Humanitarian Action. The objective is not so much to build a « powerful » army but an « energic » army that will function based on the Missions and Principles we have defined. The human and humanitarian nature of the missions, could mislead us into thinking this will produce a « mellow » army. Great Heads of States have functioned on the basis of these Principles and they have displayed great demonstration of energy and force. The Emperor Marcus-Aurelian is an inspiring figure. He is the political man versed in stoicist philosophy, who became Emperor in his 40s and spent 25 years of his reign consolidating the frontiers of the Empire, ensuring durably the Pax Romana. We will equip Europe with a very « powerful » army on the condition that we decide that the primary quality of that army will be to be energic under the direct guidance of the Heart and Spirit that gave the definitions of the missions. These are missions I had dreamt they be given and inscribed in the Charta of the United Nations. Because, there is the true place of legitimacy and the Power in our planet, mocked and flouted. Mr Kofi Annan is for me my Brother. Brothers for the same ideals and the same vision of Humanity we bear. My consideration and devotion for him are his entirely. It is great a merit to accept to play the role of the Orator with no power. It takes abnegation, spirit of sacrifice. The role UN is prevented to play, we Europeans, within our limits, will strive to make up for it until the day when legitimacy and decisional power returns to the Parliament of UN. I don’t blame anybody for the demonstration of inaction from the part of the international community during the Rwanda drama. The military risk was null. The financial cost was minimal, if not null. The problem was not accounting wise. Rwanda case reveals to us how much the Hearts are still very, very immature. There is a lot to learn regarding the Heart. We gave nothing to Rwanda but Rwanda will give to the World today the most beautiful definition of the word « Pardon », « Forgiveness », we’ll have ever heard. It was given to me when I was watching a report about the [bilan] of the Rwanda drama. The scene represents a woman accompanied with her father. I was struck by the physical beauty of these two persons. Both of them were Africans with very fine western features. The woman expressed herself in these terms : « In our language, the word « forgiveness » is a metaphor that depicts two people in the arms of one another, and crying together heavy abundant tears. One is crying because of what was inflicted upon him. The other party cries because, through the trials of life, he understands the pains he once inflicted ». We are not faultive as we were not belligerents. May they forgive us one day for the immaturity of our hearts.

2. At the crossroads, is born the Federation of State Nations. The life of the Federation is regulated in Part 1, Title VI to IX, and all Part 3. The cement of a Federation is the Principle of Mutual Help. In a security and military acceptation, the Principle of Mutual Help manifests itself through the Security and Common Defense policy (Article III-309 to 312). In its large acceptation, the Principle of Mutual Help is Fraternity, Generosity, Friendship. The Fraternity between Nation Peoples is the vault key value of the European Union. It was the driving force of Yesterday. And it will stay the driving force of Today and Tomorrow. 3. The definition of the European Citizen and rights are asserted in the Fundamental Rights of the Union Charta (Part II). The European Citizen is related to the Principle of Equality « the same rights for All ». The referendum Constitution allots to the European Citizen a new right : the citizen initiative right (Article I-47). It is a new learning in the exercise of the legislative act for the European Citizen. The definition of the European Citizen is an evolving definition : there will be other learnings in the future. The article I-47 is only the first article of a type of articles pertaining to the European Citizen and to his learning of European citizenship. When I was mentioning future evolutions in the Constitution, there will be evolutions, interpolations in the 8

theme of the European citizen. The topic of the representation of the Citizen at the Parliament is a topic belonging to this thematic ensemble. For those who were doubting about it, there will be in the future, when time comes, a minimal insertion revenue all across Europe. For this is the direct application of the Principle of Equality that rule the European Citizen thematic ensemble. 4. I make a stop for this square only to ratify the innovations brought by the Constitution in the theme square. The European Institutions are treated in Part I-Title IV « Institutions and Organs of the Union » and Part IIITitle VI « Functioning of the Union ». The new position of European Minister of Foreign Affairs, vicepresident of the European Commission, receive its institutionalization in the new Constitution. The new paramount post is that of the « President of the European Union ». His sacred assignment is to redistribute the sovereignty he was investituted with, to all the Nation Peoples and European Citizens. It is the Principle of Redistributed Sovereignty or said in a different manner « the Sovereign for the sovereignty of all Nation Peoples and Citizens , and the Sovereignty of All for the Sovereign ». 5. I make a reference to the theme-square « European Nations » to ratify the innovation in the creation of the « Principle of Subsidiarity » (Article I-11). It was created so the National Parliaments should be able to verify that The Union does not exercise beyond its competences, and does decide only in cases when its intervention would prove more efficient than that of the States or local collectivities. This Principe is simply a Principe of reassertion of national sovereignty. It is a Principle with a promising future. The future belongs to the Union in the respect of National Sovereignties. The subsidiarity Principle is a great constitutionally institutionalized [acquis] gain. 6a and 6b. The National Governments rule through the use of two operating organs : Public Services are the direct path ; Corporates are the indirect path through the Corporate and business practices regulation. The European space is characterized by an evident vacuity at the level of the harmonization of Corporate regulations. This absence, or insufficiency of regulation is profitably availed of by the Bolkerstein Directive, opening the door to the non-sanctioned practice of « social-dumping » The Bolkerstein Directive was instructed and declared out of law by the European Court of Justice. To the light of the Laws of Ethics diagram, this directive present infractions at two levels : infraction in relations (1) and (4), exploitation of workers for the goal of taking market positions through illegal means of competitivity. By applying the Laws of Ethics, the sentence is immediate. And the directive must be abrogated. Europe is a space granting « the same rights to all » the Citizens (application of the Principle of Equality). It must become a space granting « the same Laws to All ». The same laws for all, the same game rules, is what is called Equity. Diagram (1) has no vocation to give solution which is left to be built by us. In the other hand, through the scheme, it enables to show and position exactly the problem. The scheme gives the photography of the situation and shows the pathway we must head to. Topically, this pathway is the settlement of Harmonized Common regulation, « the same Laws to All » in virtue of the Equity Principle. The insufficiency in the application of the Equity principle, is the First Achilles heel of Europe. The second Achilles heel, as it is shown in the scheme, is the other leg corresponding to « Public Services ». We are going to lean one more time on the Laws of Ethics to pronounce an ethical diagnosis of ultraliberalization of Public Services. The prejudice does not relate to relation (1). The workers are not grieved. They work for a foreign corporate, which corresponds only to a trademark change. (the French worker will work for an implantation in France of Italia Telefonica instead of France Telecom). The prejudice is not located at the level of relation (3), the consumer (he will consume indifferently Italia Telefonica or France telecom). The problem of ultra-liberalization is located on the relations (4) and (5) in the Laws of Ethics scheme. (4) represent the practice of illegal and extremist competition. (5) represent the illegal help of the support of the State. For example, EDF was instructed…The problem of the Public Services liberalization, is simply the classical case scenario of 2 multinationals in outrageous competition with one another with the fact

9

that the State intervenes as the supplementary actor . (When the European Court of Justice, sanctions a Corporate, it must also sanction the State). The Public Services liberalization, does necessarily generate infraction in the Code of Ethics. The example of the liberalization of the City transport system in London, is a successful liberalization of Public Services. The urban transport system had reached such a level of obsoleteness and decrepitude that the call for foreign public offer was the last resort possible to instigate changes in a public service in a state of dilapidation. I believe the wave of Public Services ultra-liberalization is only a trend phenomenon. In France, there is a simple rule of regionalism : in a region, houses must be of the same regional style to preserve the cultural identity of a region. It is true we could have in France, flat-roofed houses and English brick houses, in the same way we could have a Correos and a post office contiguous La Poste office. For over a decade, Public Services have drifted towards the status of state multinationals under the impulsion of a handful of persons. People will express again their desire and attachment to preserve their social landscapes (the landscape of Public Services). This is the application of (morpho)-social Coherence. Ultra-liberalization, all direction privatization, is a trend phenomenon and a zeal phenomenon of Capitalistic Euphoria. And it is also with certainty a phenomenon to regulate with the code of Ethics, until the Statenations decide to take the decision to preserve and maintain their social idiosyncratic landscape, aesthetically more satisfactory than the flashy and multicolored « modern art » eclecticism proposed by Capitalism. Beyond the mercantile consideration, there is also the aesthetics consideration. It is to us to see if we want to make Europe a Jackson Pollock style painting. The diversity of the European socio-cultural landscapes is an exceptional universal patrimony we have the duty to preserve. « Europe is an exceptional social space through the incredible diversity of social landscapes. The Principle of morpho-social Coherence reaffirms the social sovereignty (through Public Services). It signifies the respect for Social landscape ». « Europe is an exceptional cultural space through the incredible diversity of cultural landscapes. The principle of cultural coherence reaffirms the cultural sovereignty or cultural « exclusivity ». it guaranties the respect of the cultural landscape ». The first Achilles heel is correlated to relation (1) and (4). The second Achilles heel, Public Services ultraliberalization, fashion phenomenon, is related to infractions in relations (4) and (5). We will notice the symmetry in the scheme and the vertical alignment (infractions on all the stages of the vertical line, at the summit being the government). It would not be absurd for a national government to promulgate the opening of Public Services markets to a limited height of 75%, blocking it at a threshold. In general, I do not believe the Public Services of a country could be in such a state of decrepitude to justify a total opening of the market.

Thematics

Principles

Objectives

Peoples

Principle of Help

Federation

Principle of Mutual Help

support of one for all and all for one

President

Principle of redistributed sovereignty

sovereignty of all Citizens

Citizen

Principle of Equality

"the Same Rights for All"

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Corporates

Principle of Equity

"the Same Laws for All"

Nations

Subsidiarity Principle Cultural Coherence Principle

national sovereignty cultural sovereignty

Public Services

Principle of social coherence

social sovereignty

Conclusion on Diagram (1) : I am giving a Soul to Europe, the Soul carried by this text of this letter which is a treasure of Guiding Principles to which we will always be able to resource in when we feel the need for it. I am giving a Heart to Europe : Fraternity, 3° Republican value of the French Republic and Fundament Value, Motor of Europe. It belongs to us now to give its legs to Europe and not Achilles heels. Then it will be a Giant, a very, very great Giant we will witness stand up and march. Although they are vital topics for the functioning of Europe, the thematic subjects on Public Services regulation and Common Corporate Regulation, are practically evacuated from the Constitutional text. The SIEG term appear 3 times only in the text (ArticleII-96, Article III-122, Article III-166). An aspect of the problem of Corporate regulation (=regulation of Employers + regulation of Employees) is evacuated at the end of the article III-207 about Employment « the Law or European Law comprises no harmonization… ». The second part is evacuated in article III-210 on Social Policy « except to the exclusion of all harmonization… ». Being infraction (1) and (4) in the Ethics Code, those article end parts are criminal (the underlined absence of harmonization is the open door for all criminal manipulations. Must be re-instated the presence of Harmonization even though the latter is virtual). During the editorial process of the Convention, had been planned numerous dispositions concerning Public Services. All these dispositions are withdrawn from the final text (to become a corollary ?). The absence or maintained insufficiency in articles pertaining to the Corporate Regulation is replaced by corollary annex attempts such as Bolkerstein directive. The creation of these two ensemble of Laws, will be the First major legislative Act of Constitutional Europe. This action signifies the dotation of Europe of what are for It, Pillars. The Bolkerstein directive was seized, instructed, repealed by the European Court of Justice as acknowledgments of (1) and (4) failures in the Ethics code. We must now take a reflection over which articles we wish to include in the « Common Corporate Regulation ». I don’t give the solution. It will be up to you to build it. My role is limited to giving the Guiding Principle, the Equity principle. The PS regulation will be also the object of annex corollaries. We have to redefine the mission of SIEG as National Public Services. This puts an end to the manipulated drifts of SIEGs into « State multinationals ». I know there are many propositions concerning PS regulation. National Sovereignties will decide on the definitive terms. (We can go as far as forbidding PS to leave the national territory. The exteriorization will occur through the creation of privates corporates). The very great value of diagram (1) on the « Federation of Nation-States of Europe », is to enable us to visualize exactly where the true problems of Europe are. We are going to give to Europe its two solid legs. Don’t we all want to see a Giant stand up ?

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Second Part : Audit analysis. We are now going to proceed to the audit of the Constitution. What I propose is a guided reading of the Constitution to the European Citizens as I am aware few people effectively read the text because of its complexity (in fact, I will tell the obvious insufficiencies in its structuration linked to the fact it was written by different intervening independent writing groups, alien to another). For our reading, we will resort to the Laws of Ethics. We will review all five relations, Ethical failure locations, and we will see articles and legal dispositions the Constitution provides to protect against the 5 group points of Ethical failure. (1) The protection of workers is assured by the series if Articles III-203 to 219 concerning Employment and Social Policy. (2) When referring to Europe, it is more pertinent to replace the square « Suppliers » by « Environment », Environment being the first primary supplier in the chain of commercial circuit. The protection of Environment is treated in the Articles III-233 and 234. (3) The Consumer Protection is assured in the Article III-235. (4) The respect of the Code of Honor and Competition Good Practices is treated in the Articles III-161 to 166 entitled « Competition Rules ». (5) The fight against fraud is treated the Article III-415, which refers back to the European Frame Law. Without having a look at the articles, we remark that the present Constitution is equipped with regulation dispositions at all levels of possible Ethical failures. There are regulative mechanisms at all the points of Ethical litigations. From a juridical point of view, this means if a litigation is brought to the European Court of Justice, or any National Tribunal, the Constitution provides an exhaustive arsenal of law-articles. It is a good starting point for the Constitution. The first reading shows that there are protective dispositions at all levels. Then, we assess the level of protection by doing a more deepened reading of the articles. In fact, the Constitution passes the Ethical Audit. It offers a true protection but at a given level, subjective to future modifications with amendment systems. There is an Ethics in this Constitution. But infractions are also present. The Bolkerstein Directive is an infraction at levels (1) and (4). Ultra-liberalization of Public Services are infractions at levels (4) (and (5) when it is possible to prove the level of criminal involvement of a State). It is regrettable to notice that the typical ethical failures concern the very pillar mechanisms for the economic functioning of the European Construction. In its globalities, the Constitution passes the audit (the qualitative level being a supplementary consideration). In the singularities, we must stay vigilant. The envisaged modifications for the Constitutional text, will stay as much minimal possible to avoid the (numerous) re-rewriting obstruction problems. They will pertain to the fundaments. In Article III-177, Chap II « Economic and Monetary Policy », the phrase « …accordingly to the Principle of open market where competition is free », which is repeated at two times, must be completed and becomes « …where competition is free and Ethical ». In Article I-3 « the Objectives of the Union », alinea 2, we must do the adding : « …where competition is free and not falsified » becomes « …where competition is free, Ethical and not falsified ».

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It is a liberal and Ethical Europe we build. This is expressed explicitly in the following Articles that assert the attachment and alignment of the Constitution to the Laws of Ethics. We propose the following Articles : « The Present Constitution affirms its attachment and alignment to the Ethics Laws, make them and acknowledge in them the inspiring, driving force of its Construction and European life ». « The Present Constitution take note of the Ethics Laws, places itself under its moral authority and make them the inspiring, arbitrary, guide instance of its Institutions and communitary life ». We will not proceed to the systematic suppression of articles with « Bolkerstein » connotated inspiration (and there are numerous). On the other hand we make a unique suppression, suppress the fragment « the law or the European frame-law does not comprise harmonization of legislative and regulatory dispositions of State members » in the last paragraph of Article III-207. Another candidate to the symbolic suppression is the fragment « to the exclusion of all harmonization of legislative and regulatory dispositions concerning State members » in Article III-210, alinea 2, paragraph a. It is opportune to do these two suppressions. We create a vacuum. This will be tolerable for the people who oppose the suppressions. These singular suppressions have a symbolic value. They signify they we denounce, condemn, reject (and despise) the Bolkerstein inspiration. These are the minimal, fundamental, symbolic modifications we must perform on the Constitutional Text. In the absence of these modification insertions, the liberal spirit that bears the present Constitutional Text, makes it, in fact, a text of criminal nature. A more profound exercise audit, makes us notice : ** (5) the Articles about fraud are short. They refer to the European Frame law that will have to be read attentively. ** (2) The Articles on Environment have the merit to be present. Although Environment stands as the « poor relative » thematic ensemble, it is making here its debut. ** (4) The Articles relative to competition rules, are only a column and a half long in a newspaper format. However, they are the ones which allowed the European Union to seize and condemn Microsoft and forced it to return a few million hundreds to the European Union. In the last Article, appears the word SIEG (or Public Services). The « mission » of the latters is evoked and defined nowhere in the Constitution. The SIEG designation appears 3 times in the constitutional text (Article II-96, Article III-122, Article III-166). The thematic topic about SIEG will the object of an ulterior attached corollary. We all know now that the SIEG thematics topic is a pillar for Europe. We ask the men and women who will be in charge of the writing of this corollary, total integrity and the acute conscience of responsibility when in the exercise of the writing. ** (3) The Article about the consumer is short and unequivocal. It is too short and unequivocal to be exhaustive. On the other hand, the ulterior possible amendments in this thematics (maybe consecutive to an European initiative), will be done with automatisms. It is not a controversial thematic topic. It is a good terrain for the citizen learning of the legislative act. ** (1) The regulation about the protection of workers/employees, leans on the Social European Charta signed in Turin in October 18th 1961, and the communitary Charta of Fundamental social rights of workers of 1989. It is in the section of Article III-210, alinéa 2, paragraph a, that we find the symbolic phrase segment that will be suppressed.

Conclusion of the Ethical Audit :

13

The Ethical Diagnosis of the Constitution reveals that the Constitutional text is a rich text. It gives regulation and protection mechanisms at all levels in the branches of possible failure in the code of Ethics Laws. The current text reached an exhaustivity in the treated thematics that had not been reached in previous texts. The men and women who worked on the very long and manifest difficulties of its genesis, can be, rightfully proud of themselves. Beyond the inherent divergences to all exercise of consensus, numerous interest conflicts as many as the plurality that characterize the community, they have managed to give the complete basis upon which immediate Europe and Europe of tomorrow will be able to build itself upon. Of course regulation is not perfect and it is never. But together, we will be able to make it evolve so the Laws always reply as best as possible to the problematic issues of our common future. When one reads certain articles, one can sense the goodness, the care to do well, the generous and human intentions that was bearing it. We find these beautiful articles in our Constitution. But I must add that the intentions that underlined other articles are criminal…Articles can contradict themselves, this being linked to the presence of two contradictory types of intentions. But the presence of contradictions signifies the Constitution carries in her the mechanisms of her own auto-regulation. (it will be possible to use an article here to moderate another article over there with simple juridical skill). The presence of « criminal » articles, is correlated to an erroneous conception of Capitalism evolved into ultra-liberalism. Indeed, we tend towards an economic model where competition is perfect, but competition will be perfect and Ethical. With the introduction of regulation elements, the system becomes perfect. Without the regulation elements, the simulation will show that the system collapses totally (and not jus in a cyclic manner). The type of cycle we are dealing with, are the great civilization cycles that govern the History of civilizations. Capitalism is more than ever close to the imminent planetary implosion than to the auto-regulated perfect system. Europe is closer to dissolution (as of 16.06.2005) than to the harmonious integration respectful of Nation peoples and individuals. Without the conscience inscribed in this text, which future is there left for the European integration, which is the legacy we receive from the last 50 years ? Take the full conscience of the gravity of the moment. I thank the numerous good intentions bringers. Be very, very proud of yourselves. As for the criminal intentions carriers, out of often solely unconscience or misconception of life, I count on you to understand. See. The historical moment we live today could not be dirtied by no negative sentiment, source of division. For this holy moment is that of Holy Union Moment. It is the Foundation Moment. We are all together here to help ONE ANOTHER. I will finish by evoking the place of Europe in the world. Europe has a major role to play, so it seems to me, beyond all that we could have imagined until now . This role is vital. In my imagination, I work on all the possible evolution models for the Capitalistic system which is presently in its ultra-liberal connotation. ALL the scenarios are envisaged and envisageable. (I allowed myself to go beyond the simulation that calculate how much one would be winning if the price of crude oil barrel doubled…). The extreme scenario is the radical termination of the capitalist System through a brutal collapse. This can be induced either by exogenous factors : natural cataclysmic phenomenums such as the giant tsunamis forecast by Ned Dougherty sweeping out all the North-East Coast of the United States and provoking the cascade fall of Capitalism ( « Giant domino » model) ; or endogenous factors (I won’t develop. The enormous budget deficit of governments and in particular the American deficit, can be considered as a failure (5) in the Ethics code. This constatation must be for us the starting point of a reflection). Be aware that destruction and sufferings have never been inflicted for the free goals of propagating destruction and chaos. Maybe, suffering is there to have us take conscience. A lot of people have already understood the serious inequalities and injustices generated by deregulated Capitalism, at the scale of the planet. But all these little individual consciences can do strictly nothing against the laws imposed by the giant multinational Corporates. I live in the Core the multinational problem. In the youth of my soul, my profession was building multinationals. Who know to build knows to destroy also. 14

Mistakes, I did commit my share of these (infraction (4) in the Ethics Code). I know by experience mistakes are paid back at a very, very high price. Today, I know perfectly Capitalism. I know it is the economic model that has been nourishing, building, bearing our civilization for 250 years. I also know its failures, « our » failures. I don’t know the future but I know the future potential models. Capitalism can be purged either in a brutal manner by endogenous or exogenous factors, or in a smoother manner which will induce, I hope, less suffering. The North-east coast of the United States, represent a population of 80 million inhabitants. Like many people, the tears came to my eyes when I saw the twin towers collapse. So how could I accept a population of 80 million persons be struck and pay such a price ? From the comfort and the safety of the Palace of my thoughts, how can I fight and subtract to a disarmed population the trial plague of so much traumatisms and human losses ? How could the soul continue to breath the breath of life, if we came to fail personally and then collectively ? How could I ever look at myself again if my will was to abdicate and resign in front of the infeasible task, however infeasible this task might be and incommensurably perilous it is to sustain the siege against the elements ? How could I ever look at myself if ever I left the temptation of renouncing insinuate my mind ? The personal historicity does so I know very well the United States country. My affection accompanies forever this land, its people through their (little) victories and also erroneous, young wanderings. The Great Victory is the victory upon oneself …and it will come in this country. We all ascend together in the light of Conscience. It is the second smooth way I decided to opt for. My decision was taken to try to preserve. My responsibility and my combat was to give the maximum so as to find all the alternative, counter-scenarios to the brutal termination of Capitalism. The best I built in my mission to help cure Capitalism and to find forgiveness, are the Laws of Ethics. I have a look at these and I say to myself they are beautiful. If I try to think of the origin of these laws, I think they come from very high…from these high consciences who have decided to make them a bestowal to Humanity. They recall us to live in harmony with Nature. They recall the divine laws, the Universal law of love towards our fellow man, struck and sealed for ever now in the word Fraternity. There is also an Ethics for the soul (which is spirituality). It speaks to us and tell us about our mental health, our sufferings, our deepest needs, our solitudes, our frustrations…the mal-être of the soul. Since the laws of Ethics came to me, I strove to give them to the largest number. Know that certain people who have received them are very powerful…But we turned out to be totally incapable of becoming the tribune that can broadcast the Laws of Ethics to the Entire World. The responsibility that carries the birth of Constitutional Europe is immense and sacred. Thus, it is its destiny, under the impulsion of France, to become the cradle of the Laws of Ethics and broadcast them throughout the world. The Laws of Ethics chose me to give them to you through the text of the Extraordinary Preamble. And you have been chosen to give them to the rest of the world. Be blessed, Men, Women of Europe, who make your geographical space the cradle that comes to greet and welcome the Laws of Ethics. Be blessed , Men, Women of Europe, who make these Laws, the fundament of your Constitution. The laws of Ethics are not solely a beautiful tapestry of Declaration of Principles. To the jurist, they are first and foremost a juridical tool of incredible efficiency. They will deploy on the entire planet. They are infinitely more powerful than any multinational. So is the Power of Law. But the spirit that guides the Laws of Ethics could never be a vindictive spirit which applies stigmatization and systematic sanction. Their primary finality is to elevate our Conscience. In the entire world, no one will ever be able to say now « I did not know. But suffice will be to have a look at the diagram of the Laws of Ethics and every one will be able to know for himself. It will be inutile to lie or to lie to oneself ». And so did pronounce a very great king these words : « We remain the guardians of our souls». It is the world of Conscience we are entering today helped by the divine laws, which are the Laws of Ethics. 15

Forgiveness is the greatest quality of the human soul. Sometimes, it is wise and opportune to avoid judiciary prosecution which has the effect of annihilating good will. I think of the orange toxic compound that was poured over Vietnam during the Vietnam War. The multinationals are all well aware of the extents of the drama and human prejudice caused. Enormous financial profits were made upon the grieves of men, women, children. We all have a moral conscience. The multinationals will decide between themselves about they will create a foundation financed by the benefits made during the War to come and help all the victims. The latters were the true proprietors of the financial [mane] accumulated during the war and part of it must be [restitute] to help them re-insert life. « Multinational Corporations, I call upon your Conscience. Decide to act with your soul and Conscience. I [conjure] and ask you on my knees to create an incredible foundation. When day will come when you receive forgiveness. And you will be happy ». (on the ethics diagram, it is infractions from the part of multinationals (4) and Government (5), with repercussions on population (3). We must add an arrow going from Government to population. We are not in the strict commercial context. We are in a military scheme). It takes a lot of audacity, integrity, consortium between men to be the [porte-etendard] of the Laws of Ethics. I can do nothing alone. I place all my hopes in you all. We build together the world of Conscience where we want our children and grand-children to grow up and live. It is the world we will give to them as a legacy and it is also a present to the entire planet. Be blessed, Men, Women of Europe, who make your geographical space the cradle that comes to greet and welcome the Laws of Ethics. Be blessed , Men, Women of Europe, who make these Laws, the fundament of your Constitution. ********************************************************************************** General Conclusion and greetings

People of Europe, be proud, be very proud. European Citizens, you are me and I am you. It is the reason why the signature at the bottom of the letter is that of the anonymous, universal « European Citizen ». I am a person among you. As a student, I had also with a lot happiness my « Auberge Espagnole » where I had a lot of friends from Europe (and in fact…from the entire world). When the text is eventually adopted at the final term of the referendum epopee, which will have proved rich with intempestive troubles, I will stand among you to greet and receive the good news. I will be a simple person among others, among you. I will celebrate among you in the overbrimmings of the soul, without having to undergo the inconvenience of cameras and a cumbersome mediatization, not wished. I am very proud and happy to hand over the text of the Extraordinary preamble which is entitled « Declaration of Birth of the Federation of State-Nations of Europe under the Constitutional aegis ». This text is a gift for Europe and it comes from my heart. It is an Honor and Happiness for me to hand over to you all, this text …we had been waiting for. An incredible number of People, had had the intuition of this text that talks about the « Fraternity of Peoples », of Ethics as a regulator element and rampart to ultra-liberalism. This text is approaching its end and finalization. It is given to you and it belongs to you all.

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My responsibility was to listen and take note of the sovereign decision of Nation Peoples expressed in referendums. The Peoples have expressed themselves sovereignly. It was the sanction and vigorous, irrevocable reject of ultra-liberalism. The present text of the Extraordinary Preamble, the spirit of which has authority upon all the constitutional articles, is the realignment to the sovereign will, expressed by the Peoples. We reaffirm there our European Values. People of Europe, be proud, be very proud of what you have accomplished. Know that you are all loved profoundly, deeply. Like a large number of people, I share the love for Europe. It streams in my Conscience and it is in my soul. The mandate of the European Citizen I took, authorized the intervention in crisis situations extremely severe. The deliquescence of the Referendum process that must give the constitutional basis to Europe for the next 50 years, is such a case scenario. Should other major crisis occur, I have no doubt that it will be other European Citizens who will intervene to guide us all towards the safe and hospitable shores. The Adventure of « Human Esperance » can now start. I hand over the keys of the European sovereignty to the European Parliament of Peoples. I restitute the sovereignty to all sovereign citizens. It is up to you now to live Europe, to have all the experiences of it, good and maybe less good too. Be vigilant. « You are the guardians of your souls ». Welcome to a World of Conscience. It is the Kingdom of Conscience we strive to build in Europe and the rest of the World.

« In the Love of Nation Peoples, Fraternity, we place our future ». « In Fraternity, we trust ». We build a Liberal and Ethical Europe under the banner of Fraternity. (I thank the high Consciences looking upon us all).

The European Citizen.

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LAWS OF ETHICS “Give them and share them with All you love and cherish” (or our best chance as the alternative elopement to the “Giant Domino” scenario given by Ned Dougherty). Diagram 1. Hierarchical superiors

Colleagues Suppliers

Consumer/clients

Economic agent

Subordinates

Diagram 2.

Banks Shareholders (5)

Competitive Company board (4)

Suppliers (2)

Direction board

Consumer/client (3)

(1) Subordinates

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“The spiritual mission of Finance is to promote the free flow of money (by A.Brethes). The respect of the Laws of Ethics, guaranties that”.

Introduction The purpose of these pages is to give a tangible and practical definition of the word ETHICS. The best way to define Ethics is through a graphical and visual representation (that will more concise than any literature). From being an abstract and ethereal concept, Ethics is demystified into a structured diagram, taking the shape of a cross (a Christ cross?) with four branches, a core and elements at the edges. This representation enables to define 5 types of relationship. My purpose was to try to find a diagram that could summarize all the cases of commercial litigation. I consulted all the books on bookstore shelves, the 300 page or 1000 page books…and I was extremely surprised that there were no books that had the quality of concision I was looking for. Extremely annoyed to be forced into an intellectual exercise, I started unwillingly to ponder and I eventually elaborated the diagrams. Those diagrams serve to establish a typology of all the litigation/issues that can be encountered in commerce. The diagrams I propose enable to formulate a simple and structured diagnosis of any compromised commercial activity. We can take any example of scandal pertaining to multinationals, and study them through the five defined types of relationship. Doing so, we are establishing what I call « an ethical diagnosis ». From there, it is possible to sanction or to accredit a Corporate. (Indirectly, the ethics diagram serve as “a mirror of truths” where all we can reflect ourselves in and see the “ethical” image of ourselves. With astonishment I realized I was an infraction (4) guilty person. Well that was the case when I was a business men…some long long, long time ago now. In the text of the Preamble, I reveal the mistakes are paid at a very high price…I once was a CEO. And I paid an extremely high price in sufferings. It is a young lad vendor who insulted me by throwing at me “Well anyway you know nothing about commerce”. It was the 3° camcorder I was returning to the shop and I was still not satisfied. And that time I wanted a total refund and not a coupon…He was certainly rightfully pissed. To make myself forgiven, I searched a book summarizing all the cases of commerce litigation just to show to him I “knew” about commerce. I did not find this book because it does not exist. But on the other hand, I purchased a book about the Enron scandal and I offered it to the young lad. As for me, I still needed to “prove” my proficiency in business…I wrote a long letter, which I offered to that person too. In that letter I placed the Laws of Ethics that camcorder incident had triggered me into writing. To give the elopement of my story, yes I did receive a total refund !).

I. Construction of the Diagrams: The diagram represent the economic actor in his human, relational environment. We can define 5 big groups of relationship (see double arrows), that is 5 types of relationship where can take place prejudices, swindling, ethical breaches. In the diagram 1, the vertical plane show the relationship inside the corporate. The economic actor is surrounded by his superiors, competitive colleague and subordinate. He is also placed (horizontal plan) in the classical economic circuit (producer->gross seller->retailer->consumer).

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In diagram 2, the economic agent is identified to the corporate direction board. The subordinates are still the employees of the company. Above, you find banks and shareholders, the financial constraint. What is going to be equal to the direction board, are going to be the other corporates with whom the competition relationship is perpetuated. Except for that, we still have the same horizontal relationships with suppliers/consumers.

II. Descriptive reading of the diagrams: The 5 relationships represent the five « sins » of capitalism. They are the places of moral, ethical failures in commerce. 1. The failure in relation (1) is the most trivial. It is the exploitation of the workers by the hierarchical superiors, which is the « patronate ». It is the XIX century scheme, perpetuated today in the delocalised plants in third world countries (and also at our doors). 2. In relation (2), are found the pressures, control that companies can exert on suppliers when they go as far as sometimes imposing prices to their suppliers. This is illustrated in the Debt of the Third World (XX century scheme), supplier of raw materials to industrialized nations. 3. Relation (3) represent all the abuses on the consumer. This is confirmed by the development of consumer defense associations, regulations (the pharmaceutical circuit is entirely regulated). The agro-food or pharmaceutical examples illustrate cases where the product is fraudulent, falsified, out of date. The prejudice can pertain to the pricing of the product. An eloquent example is the extrapolated manner computer people charged their services in the golden age of computing 1999-2001. 4. Relation (4) represent the war competition companies/corporates launch against one another. This is the subject of a best-seller. The most famous and epical example is the Steve Jobs-Bill Gates “dynamics”. 5. Relation (5)concern scandals linked to banks, shareholders (and government). It is the chapter of financial frauds. I don’t develop.

III. Proactive action that can be undertook after reading the Ethics Diagrams: The words ethics (or integrity) are no longer abstract words. My purpose was to demystify and offer a tangible and structured definition of the word « Ethics ». The diagrams offer a structured and simple and broad view of commerce cases. The simplicity will facilitate lawsuits to proliferate… Well I did not write those lines to encourage lawsuit filing… It is legitimate to want to make a lot of money (up to a point…!). I am a talented person. That’s why I have never had to resort to infractions on the branches of the diagram. My purpose had never been to be an “immaculate” person. But I afforded it and I did things in what seemed to me the righteous way. On the other hand I did not prevent my infractions (4). It took a very long curing for me. I’ve

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got a favorite ethological rat lab experiment: put two CEOs in the same box. And they will fight to death until one is dead and only one is alive. It is a long, long, long way to get rid of these behavioral compulsive, irrepressible, primitive behaviours. Often it is a pathway of sufferings, of extreme pain. But the day comes when peace returns and wisdom speaks to you…in the forms of the Laws of Ethics for example. It is the extents of my experience as a business man and a CEO, and eventually a human person. Have you ever wondered what a miserable CEO could be doing in the filthy darkness of his jail cell? Let’s have a look at how we can make business cleanly. A Corporate must receive accreditation on all the Branches and Core of the “Ethics Cross”. This accreditation work must be taken charge by a supra-national organism « the Ethics accreditation commission ». • The accreditation of relation (1) “Work condition of workers in Third World plants” and • relation (2) “relation to third world country suppliers”, is being taken charge by « Commerce Equitable ». This label already exists ; it must be institutionalized and reinforced. •The accreditation of relation (5) “Prevention against financial fraud”, already exists in the USA with the creation of the Oxley-Sarbanes Law consecutive to the scandals Enron, Worldcom. •The accreditation of relation (3) “Relation to consumers”, is naturally taken charge by the Consumer Defense Associations. •Relation (4) is the relation to one’s competitors. There’s a beautiful text that can written. This text can be called « the Code of Honor ». What is Honor ? How do we define Honor ? Honor is the transcending of oneself and the respect of others. Presently, is enforced a limited set consisting of a few anti-trust laws that protect little competitors not to be wiped out by a multinationals in situation of monopoly.

IV. Other readings to see some further application of the Ethics diagramms. 1. Read the Extraordinary Preamble of the European Constitution. It is a powerful application of the Laws of Ethics. These Laws audit Corporates, Individuals (poor us…) and also Constitutions. I started writing that Preamble on the day of May 29th, and it is dated 16.06.2005, the exact median date of the decade we live in. 2. Read the Letter to the French People. This letter is in fact a gift for the whole world. May it give you enlightments about the World we live in (start with this one).

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European Institutions

President of the European Union Principle of redistributed sovereignty

(4)

European Citizen

Peoples

Principle of Equality

Federation of Nations

Principle of Help

(3)

Principle of Mutual Help

(1)

(2)

European Nations

Subsidiarity Principle Cultural-Coherence Principle

(5)

Corporates

Principle of Equity

(6a)

Public Services

Social-coherence Principle

(6b)

Diagram (1)of the Federation of State-Nations of Europe

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