Release of the first official draft of the European Constitutional
Treaty provokes the need of this new document; taking on the duty to
inform democrat people about the severe democratic deficit that is
formalized by the constitutional draft. Faced with the evidence that
Regime and its propaganda media are indoctrinating people with a
triumphalist and non-critic image, Demopunk Net releases present
analysis to argue, using the own constitutional draft, the acute lack
of political freedoms and the deep autocratic nature of the European
Regime.
To make readers easier their own activity of analysis, at the end of
this report can be found the whole text of the
constitutional draft, where every reference is linked.
The European
Constituent Process
When in December 2002 european elites stated the so-called Declaration
of
Laeken, indifference of people was eloquent. No emotion was sparked by
creation of the large Convention on the Future of Europe, despite
of its aims mutated early into writting a constitutional draft for
Europe.
Democrat people witnessed how the birth of a constituent process was
staged lacking the least sovereign legitimacy. Nations appointed its
constitutional paladins, and the European Parliament sent a small
representation. Elected deputies of the European Parliament, accustomed
to lack legislative
initiative (or perhaps bounded by the imperative mandate that links
them to electoral lists written by their elites) did not rise up
collectively before the germination of a non-elected assembly, that was
taken on functions typical of an elected parliament. A proper example
of constituent process.
It is hardly surprising that works of the Convention passed almost
anonymous. Likely, not even one out of every thousand europeans knew
about so "transcendental" activity, a fact that statistic services of
Regime could have verified. Neither them nor propaganda media
accomplished the least monitoring, until a few months ago curtains
began to be removed uncovering the work almost finished. The
constitutional artisans applied finishing touchs, while here -in Spain-
press of fascist tradition focused its constitutional "analysis" on
supporting claims of Vatican to incorporate cristian tradition within
the
preamble. Popular emotion due to so historical happening was
short-lived, may be it never happened. And the Convention was ended
surrounded by the same indifference than when it was instituted.
Indeed the constitutional draft does not contribute any significative
improvement that can be appreciated by democrat people. Quite the
opposite, it protocolizes the autocracy that has been built in Europe,
treaty after treaty. An autocracy that, according data from European
Institute for the Initiative and Referendum IRI-Europe, drives by
several ways more than 60% of normative in every member state.
European democrat activism, participated by the IRI-Europe among
others, set a quite modest goals focused on achieving constitutional
draft were ratified on paneuropean binding referendum, goal that
eventually was reduced to achieve ratification using national
legislation of every member state. Some elites gladly have accepted
this minimum claim, perceiving
political polish that can be applied to a constitutional text empty of
Political Freedoms, a text that paradoxically bans the own paneuropean
referendum, by mere omission. The President of spanish government was
in favour to exercise his personal right (no spanish institution has
got it) to hold a consultive plebiscite on the constitutional
draft. Remembering the thankless plebiscite on civil integration
into the NATO, we hope boredly to see in Spain something like an
Eurovision festival.
The constitutional
draft
Almost everybody start analysis of the huge constitutional text
holding a certain expectation to find out moderate improvements, at
least in the institutional level. Soon, evidencia makes expectation
into
irritation. The sole significative novelty consists on European
Parliament ratifies the appointment of President of European Comission
by the European Council, as well as the motion of censure. The
constitutional text does not contribute any Political Freedom to
people, puts the unique elected institution (European Parliament) into
a severe weakness, states imprecisely the electoral system used to
constitute it (as if every electoral system were equal!), grants the
efective power to the Council of Ministers and the European Comission,
institutes discretionaryly many functions (including the judicial one)
without parliamentary ratification and states a pathetic procedure of
constitutional amendment. Everything at many levels of indirection from
popular soverignty. Autocracy.
Member states have stabilized self-proclaimed democratic regimes, where
Public Freedoms are staged while Political Freedoms are banned or
severely controlled; regimes that will be qualified by History as
pre-democracies. But the conglomerate instituted by the european
constitutional text is an AUTOCRACY, an evolved form of tyranny that
replaces Force by Deception. Something that democrat people have to
fight.
From other points of view, this text becomes into the first
constitution stating as own capitalist principles ruling the
so-called globalization, and protocolizes the militar alliance with the
USA. With so high and universal aims, irritation lands softly on the
usual melancholy when on the other side the Article
III-283 states incompetent the brand-new Court of Justice "to review the validity or proportionality
of operations carried out by
the police or other law-enforcement services of a Member State or the
exercise of the
responsibilities incumbent upon Member States with regard to the
maintenance of law and order and the
safeguarding of internal
security", or when the Article
III-22 allows freedom of establishment only for "self-employed persons",
or when
the Article III-27 accepts only the mutual
recognition of companies and associations "save for those which are
non-profit-making".
Or when this quite long constitutional text, with vocation for
interventionism, considers out of EU
scope "pay, the
right of association, the
right to strike or the right to impose lock-outs"
(seemingly this Article III-104.6 have
not deserved a strongly response of unions of the Regime), o when the Article III-342.1
states that "the
Constitution shall
not preclude [] the
production of or trade in arms, munitions and war material".
What not? ... melancholy.
The european
institutions
The constitutional draft consolidates present status of institutional
relations of the european autocracy. Some institutions has not any
relation with popular soverignty, some ones are placed at several level
of indirection from it, and only the European Parliament (EP) is
directly elected keeping for it a rachitic role. Let us take a brief
revision.
In the apex of the autocracy are the European Council, a sort of
Standing Committee of Treaty of Versailles. Spanish representative is
the monarch, although by complex and unknown reasons he delegates to
President of Government. The Council appoints the President of European
Commision who noveltyly is ratified by the EP. It keeps for itself the
initiative to the constitutional amendment, the main decisions on
foreign and security issues, and even legislative capacity in special
procedures.
The so-named Council of Ministers (CM) is a polymorphic institution
whose members are variable, appointed discretionaryly by governments
(in Spain without parliamentary ratification). It is the transmission
chain of the national executive powers, a kind of travelling executive
power. It has got huge powers, particularly in the legislative scope.
Its popular representation is to be disintered at several levels of
indirection.
The most stable executive function is accomplished by the so-called
European Comission (EC). It is in charge to elaborate laws and
regulations (many of them are mandatory), to execute resolutions and to
inspect. It has got the juridical representation of the EU before
member states and the rest of the world. But perhaps its most
impressive power is to have got THE EXCLUSIVE RIGHT OF LEGISLATIVE
INITIATIVE. It should be thought about twice to assimilate it. Its
President is appointed by the mentioned procedure, and he or she
appoints the commissioners of EU by a rotating schedule among proposal
of the government of the moment; of course without parliamentary
ratification.
Other institutions in the constitutional draft are the European Central
Bank, and the highest judicial institutions: the European Court of
Justice that taking in the role of constitutional court and the High
Court. Their members are appointed discretionaryly by governments
without parliamentary ratification
(AI-28.2, AIII-84.2).
Shocking.
The large Economic and Social Committe and the Committe of the Regions
are instituted (350 members every one). For the last one, every
fickleness are deactivated banning its members could belong
simultaneously to the EP (AIII-292). Their
consultive nature turns them into mere sinks of expenses. The European
Ombudsman maintains the same ineffectiveness and pretty name than at
the national scope.
The EP is the unique elected institution of the European Regime. As
novelty, it ratifies the appointment of the President of the EC decided
by the European Council (AI26.1, AI-19.1)
and can exercise the motion of censura collectively on it (AI-25.5,
AIII-243),
that cannot be exercised individually on its members. Initiative of
this motion of censura is not regulated. The EP is elected by universal
suffrage by means of an electoral system constitutionally unprotected (AI-19.2, AIII-232.1), as
if all the electoral systems were the same! In Spain we go on electing
european deputies by close lists of party, written discretionaryly by
elites of parties. A real democratic display.
Legislative function of the EP has implausible lacks. It lacks
legislative initiative that is reserved as exclusive right of the EC.
But besides it shares the ordinary legislative procedure with the CM
(AI-33.1, AIII-302), in
such a way as a law cannot by passed without authorization of both
institutions. This incredible parity is not precisely simetric, because
the CM approves alone the Pleiades of regulations and european
decisions (AIII-334),
"minor" legislation many times with mandatory nature. Reading of such a
institutional role deserves a pause to assimilate its repercussions.
The rachitic institutional role of the EP puts it almost as a "puppet"
institution, whose main fuction is to stage popular soverignty
within the european autocracy. This role can be more clearly displayed
listing what can NOT be done by the EP:
It has to address EC to submit a legislative initiative, AIII-234
It does not appoint, only ratifies to the President of the EC, AI-19.1
It does not appoint nor ratify individually the commissioners of
the EC, AI-26.2
It does not appoint nor ratify the Union Minister for Foreign
Affairs, AI-26.2
It does not appoint nor ratify the judges of the Court of
Justice, AI-28.2
It does not appoint nor ratify the board of the European Central
Bank, AIII-84.2
It does not appoint nor ratify the members of the Court of
Auditors, AI-30.3
It does not decide the composition of the Committe of the Regions
and the Economic and Social Committe, AI-31.5, AIII-295
It has not got effective competence in foreign and security
issues, AI-39.6, AI-40.8
It does not dictate the regulations of the competence, AIII-52
It does not make nor inspect the guidelines of the economic
policies, AIII-71
It does not dictate the regulations of relationship among
financial entities and the administration, AIII-74.2
It does not dictate the regulations of credits of Central Banks, AIII-75.2
It does not approve the tracking and sanctions for deficit
deviations, AIII-76
It does not approve the law of control of the deficit, AIII-76.13
It does not dictate the regulations of the technical monetary
aspects, AIII-78.2
It cannot modify the statutes of the European Central Bank, AIII-79
It does not make nor inspect the guidelines on employment, AIII-102
It has not got effective competence for laws on issues of social
policies (social security, laboral leaves, collective defence), AIII-104.3
It does not dictate regulations of farming and fishing issues, AIII-126.1, AIII-127.3
It is not competent in laws related with environmental policies, AIII-130
It has not got effective competence to legislate on police
cooperation, AIII-176.3
Procedures of parliamentary control on police activity are
undefined, AIII-177.2
It has not got effective competence to legislate on police
procedures, AIII-178
It has not got competences in the military interventions abroad, AIII-210
It has not got competences in the military investigation, AIII-212
It is not competent to authorize commercial agreements with other
states and organizations, AIII-217, AIII-227
It is not competent to authorize the breaking-off of economical
and financial relation due to military reasons, AIII-224
Never it does authorize the beginning of negotiations of
international agreements, it only authorizes some kinds of agreements, AIII-227
It is not competent to activate the so-named "solidarity clause"
(terrorism, disasters, ...), AIII-231.1
Its investigating committes are ineffective, they are not
protected by oath and ending up with a simple report, AIII-235
It is not competent to regulate the rotating procedure of the
presidency of the formations of the CM, AIII-245
It does not ratify the permanent representatives of the CM, AIII-247
It is not competent to regulate the access of the Court of
Auditors to the European Investment Bank, AIII-290.3
It is not competent to approve the regulations of the Court of
Auditors, AIII-290.4
It is not competent to modify the Statute of the Investment Bank,
AIII-299
It is not competent to set wages and pensions of posts of the EU,
AIII-306
It is not competent to authorize "enhaced cooperations" on
foreign and security policies, AIII-325.2
It is not competent to authorize an "enhaced cooperation" to be
funded with the communitary budget, AIII-327
It is not competent to lay down the rules governing the languages
of the institutions, AIII-339
This non-exhaustive list about incompetence of the EP reflects a
significative part of functions that the constitutional draft keeps for
other non-elected institutions (CM and EC), placed at several levels of
indirection from popular soverignty. But perhaps, one of the
incompetences provoking the bigger alarm among democrat people is the
procedure of constitutional amendment. The EP is only consulted, the
initiative is owned by the European Council and is approved by an
Intergovernmental Conference, AIV-7.
In a last institutional note, it would be worth pointing the minimum
role reserved to elected national parliaments which do no exceed the
category of institutions with right to be informed, according to a
protocol attached to the constitutional treaty.
Democracy in the EU
Talking about democracy in the EU is necessarily short. Previoulsy, we
have pointed out constitutional deprotection of representative
democracy; it would be worth adding that no control about present
problems of political parties are tackled, which are announced at
european level in the articles AI-45.4
y
AIII-233. For the constitutional draft,
political parties are institutions so mature and lacking in
problems that they deserve only a short wording of acknowledge.
Shocking.
In the scope of Direct Democracy the scene is more cheerless than
within the own spanish constitution. There is only a form of colective
legislative petition before the European Comission (AI-46.4)
that does not lead to binding referendum and another signficative
aspects are not regulated. Here the "huge" effort of the Convention to
close the EU near to society finishs.
By omission, all the other forms of popular initiative are banned, as
the initiative for ratification of laws and treaties, abrogation of
laws and recalling of official posts (formally, our democrat champions
have made us envious of present venezolan constitution which recognize
such Political Freedoms). Binding referendum, and even consultative
plebiscite, are banned. Other modern political freedoms as the
Participative Budget are likely unknow for many of the constitutional
fathers; concepts as self-management or popular subsidiarity are
strange at all within this constitution.
Of course constitutional amendment and beginning of constituent
processes are so far away from popular initiative than in the spanish
regime, or they were in the soviet regime. That is, they are banned.
Popular control of war and peace is a mad utopia.
In general, lovers of collecting of hollow nonsenses find quite
attractive the Title
VI"The democract
life of the
Union" (sic). As well as the right of petition
which is
regulated before the EP, but not before the institutions with effective
power, AII-44.
Summing up, in the european constitution we witness creation of a
political structure where the "parliamentary democracy" (the first step
of the democratic development) are reduced to a scandalous entelechy,
to a mere attrezzo which is pretended to show appearance of reality
while hidding its real nature: simple scenery. We are not witnessing
the birth of a democratic organization, but may be a new model of
political organization: an out-and-out "empire-style autocracy".
Europhiles and
europhobes
Propaganda media and academic circles of Regime hide from society the
birth, or perhaps it would be more precise to say the fossilization, of
the european autocracy; taking a severe and unpunished political
responsability. Meanwhile democrat people with access to information
keep alarmed without possibility to get structured. In Spain political
opposition to lack of democracy within the European Union is almost
residual (for instance, OtraDemocraciaEsPosible.Net),
there is rather social-style opposition.
Historically european integration has been criticized from social and
monetary perspectives. Criticisms that propaganda media of the Regime
have spread (by means of passionate procedures rather than rational
ones) as
differences among europhiles and europhobics. Today we must add the
alarming political breaking of an autocracy which
is easily mutable into tyranny. A modern and evolved form of tyranny
based on Deception, and keeping in reserve Force when needed.
Situation is quite worrying. Europhile democrat people, who estimate
essential virtues of an united Europe, cannot go on allowing Regime
uses them as human shield to stabilize its autocracy. Europhiles and
europhobes, european democrats, has today a common goal: to combat and
abort the european autocracy.
Draft Treaty
establishing a Constitution for Europe. Julio 2003
PART I
TITLE I: DEFINITION AND OBJECTIVES OF THE UNION
Article 1: Establishment of the Union
1.
Reflecting the will of the citizens and States of Europe to build a
common future, this
Constitution establishes the European Union, on which the Member States
confer
competences to attain objectives they have in common. The Union shall
coordinate the
policies by which the Member States aim to achieve these objectives,
and shall exercise in the
Community way the competences they confer on it.
2.
The Union shall be open to all European States which respect its values
and are committed to
promoting them together. Article 2: The Union's values
The Union is founded on the values of respect for human dignity,
liberty, democracy, equality, the
rule of law and respect for human rights. These values are common to
the Member States in a
society of pluralism, tolerance, justice, solidarity and
non-discrimination.
Article 3: The Union's objectives
1.
The Union's aim is to promote peace, its values and the well-being of
its peoples.
2.
The Union shall offer its citizens an area of freedom, security and
justice without internal
frontiers, and a single market where competition is free and
undistorted.
3.
The Union shall work for the sustainable development of Europe based on
balanced
economic growth, a social market economy, highly competitive and aiming
at full
employment and social progress, and with a high level of protection and
improvement of the
quality of the environment. It shall promote scientific and
technological advance.
It shall combat social exclusion and discrimination, and shall promote
social justice and
protection, equality between women and men, solidarity between
generations and protection
of children's rights.
It shall promote economic, social and territorial cohesion, and
solidarity among
Member States.
The Union shall respect its rich cultural and linguistic diversity, and
shall ensure that Europe's
cultural heritage is safeguarded and enhanced.
4.
In its relations with the wider world, the Union shall uphold and
promote its values and
interests. It shall contribute to peace, security, the sustainable
development of the earth,
solidarity and mutual respect among peoples, free and fair trade,
eradication of poverty and
protection of human rights and in particular children's rights, as well
as to strict observance
and development of international law, including respect for the
principles of the
United Nations Charter.
5.
These objectives shall be pursued by appropriate means, depending on
the extent to which the
relevant competences are attributed to the Union in the Constitution.
Article 4: Fundamental freedoms and
non-discrimination
1.
Free movement of persons, goods, services and capital, and freedom of
establishment shall be
guaranteed within and by the Union, in accordance with the provisions
of the Constitution.
2.
In the field of application of the Constitution, and without prejudice
to any of its specific
provisions, any discrimination on grounds of nationality shall be
prohibited. Article 5: Relations between the Union and the Member States
1.
The Union shall respect the national identities of the Member States,
inherent in their
fundamental structures, political and constitutional, inclusive of
regional and local
self-government. It shall respect their essential State functions,
including those for ensuring
the territorial integrity of the State, and for maintaining law and
order and safeguarding
internal security.
2.
Following the principle of loyal cooperation, the Union and the Member
States shall, in full
mutual respect, assist each other in carrying out tasks which flow from
the Constitution.
The Member States shall facilitate the achievement of the Union's tasks
and refrain from any
measure which could jeopardise the attainment of the objectives set out
in the Constitution.
Article 6: Legal personality
The Union shall have legal personality.
TITLE II: FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE
UNION Article 7: Fundamental rights
1.
The Union shall recognise the rights, freedoms and principles set out
in the Charter of
Fundamental Rights which constitutes Part II of the Constitution.
2.
The Union shall seek accession to the European Convention for the
Protection of
Human Rights and Fundamental Freedoms. Such accession shall not affect
the Union's
competences as defined in the Constitution.
3.
Fundamental rights, as guaranteed by the European Convention for the
Protection of
Human Rights and Fundamental Freedoms, and as they result from the
constitutional
traditions common to the Member States, shall constitute general
principles of the
Union's law.
Article 8: Citizenship of the Union
1.
Every national of a Member State shall be a citizen of the Union.
Citizenship of the Union
shall be additional to national citizenship; it shall not replace it.
2.
Citizens of the Union shall enjoy the rights and be subject to the
duties provided for in the
Constitution. They shall have:
the right to move and reside freely within the territory of the Member
States;
the right to vote and to stand as candidates in elections to the
European Parliament and
in municipal elections in their Member State of residence, under the
same conditions as
nationals of that State;
the right to enjoy, in the territory of a third country in which the
Member State of which
they are nationals is not represented, the protection of the diplomatic
and consular
authorities of any Member State on the same conditions as the nationals
of that State;
the right to petition the European Parliament, to apply to the European
Ombudsman,
and to address the Institutions and advisory bodies of the Union in any
of the
Constitution's languages and to obtain a reply in the same language.
3.
These rights shall be exercised in accordance with the conditions and
limits defined by the
Constitution and by the measures adopted to give it effect.
TITLE III: UNION COMPETENCES Article 9: Fundamental principles
1.
The limits of Union competences are governed by the principle of
conferral. The use of
Union competences is governed by the principles of subsidiarity and
proportionality.
2.
Under the principle of conferral, the Union shall act within the limits
of the competences
conferred upon it by the Member States in the Constitution to attain
the objectives set out in
the Constitution. Competences not conferred upon the Union in the
Constitution remain with
the Member States.
3.
Under the principle of subsidiarity, in areas which do not fall within
its exclusive competence
the Union shall act only if and insofar as the objectives of the
intended action cannot be
sufficiently achieved by the Member States, either at central level or
at regional and local
level, but can rather, by reason of the scale or effects of the
proposed action, be better
achieved at Union level.
The Union Institutions shall apply the principle of
subsidiarity as laid down in the Protocol
on the application of the principles of subsidiarity and
proportionality, annexed to the
Constitution. National Parliaments shall ensure compliance with that
principle in accordance
with the procedure set out in the Protocol.
4.
Under the principle of proportionality, the content and form of Union
action shall not exceed
what is necessary to achieve the objectives of the Constitution.
The Institutions shall apply the principle of proportionality as laid
down in the Protocol
referred to in paragraph 3.
Article 10: Union law
1.
The Constitution, and law adopted by the Union's Institutions in
exercising competences
conferred on it, shall have primacy over the law of the Member States.
2.
Member States shall take all appropriate measures, general or
particular, to ensure fulfilment
of the obligations flowing from the Constitution or resulting from the
Union Institutions' acts.
Article 11: Categories of competence
1.
When the Constitution confers on the Union exclusive competence in a
specific area, only the
Union may legislate and adopt legally binding acts, the Member States
being able to do so
themselves only if so empowered by the Union or for the implementation
of acts adopted by
the Union.
2.
When the Constitution confers on the Union a competence shared with the
Member States in a
specific area, the Union and the Member States shall have the power to
legislate and adopt
legally binding acts in that area. The Member States shall exercise
their competence to the
extent that the Union has not exercised, or has decided to cease
exercising, its competence.
3.
The Union shall have competence to promote and coordinate the economic
and employment
policies of the Member States.
4.
The Union shall have competence to define and implement a common
foreign and security
policy, including the progressive framing of a common defence policy.
5.
In certain areas and in the conditions laid down in the Constitution,
the Union shall have
competence to carry out actions to support, coordinate or supplement
the actions of the
Member States, without thereby superseding their competence in these
areas.
6.
The scope of and arrangements for exercising the Union's competences
shall be determined
by the provisions specific to each area in Part III.
Article 12: Exclusive competence
1.
The Union shall have exclusive competence to establish the competition
rules necessary for
the functioning of the internal market, and in the following areas:
monetary policy, for the Member States which have adopted the euro,
common commercial policy,
customs union,
the conservation of marine biological resources under the common
fisheries policy.
2.
The Union shall have exclusive competence for the conclusion of an
international agreement
when its conclusion is provided for in a legislative act of the Union,
is necessary to enable it
to exercise its internal competence, or affects an internal Union act.
Article 13: Areas of shared competence
1.
The Union shall share competence with the Member States where the
Constitution confers on
it a competence which does not relate to the areas referred to in
Articles 12 and 16.
2.
Shared competence applies in the following principal areas:
internal market,
area of freedom, security and justice,
agriculture and fisheries, excluding the conservation of marine
biological resources,
transport and trans-European networks,
energy,
social policy, for aspects defined in Part III,
economic, social and territorial cohesion,
environment,
consumer protection,
common safety concerns in public health matters.
3.
In the areas of research, technological development and space, the
Union shall have
competence to carry out actions, in particular to define andimplement
programmes; however,
the exercise of that competence may not result in Member States being
prevented from
exercising theirs.
4.
In the areas of development cooperation and humanitarian aid, the Union
shall have
competence to take action and conduct a common policy; however, the
exercise of that
competence may not result in Member States being prevented from
exercising theirs.
Article 14: The coordination of economic and employment policies
1.
The Union shall adopt measures to ensure coordination of the economic
policies of the
Member States, in particular by adopting broad guidelines for these
policies. The Member
States shall coordinate their economic policies within the Union.
2.
Specific provisions shall apply to those Member States which have
adopted the euro.
3.
The Union shall adopt measures to ensure coordination of the employment
policies of the
Member States, in particular by adopting guidelines for these policies.
4.
The Union may adopt initiatives to ensure coordination of Member
States' social policies.
Article 15: The common foreign and security policy
1.
The Union's competence in matters of common foreign and security policy
shall cover all
areas of foreign policy and all questions relating to the Union's
security, including the
progressive framing of a common defence policy, which might lead to a
common defence.
2.
Member States shall actively and unreservedly support the Union's
common foreign and
security policy in a spirit of loyalty and mutual solidarity and shall
comply with the acts
adopted by the Union in this area. They shall refrain from action
contrary to the Union's
interests or likely to impair its effectiveness.
Article 16: Areas of supporting, coordinating or
complementary action
1.
The Union may take supporting, coordinating or complementary action.
2.
The areas for supporting, coordinating or complementary action shall
be, at European level:
industry,
protection and improvement of human health,
education, vocational training, youth and sport,
culture,
civil protection.
3.
Legally binding acts adopted by the Union on the basis of the
provisions specific to these
areas in Part III may not entail harmonisation of Member States' laws
or regulations.
Article 17: Flexibility clause
1.
If action by the Union should prove necessary within the framework of
the policies defined in
Part III to attain one of the objectives set by the Constitution, and
the Constitution has not
provided the necessary powers, the Council of Ministers, acting
unanimously on a proposal
from the Commission and after obtaining the consent of the European
Parliament, shall take
the appropriate measures.
2.
Using the procedure for monitoring the subsidiarity principle referred
to in Article 9(3),
the Commission shall draw Member States' national Parliaments'
attention to proposals based
on this Article.
3.
Provisions adopted on the basis of this Article may not entail
harmonisation of
Member States' laws or regulations in cases where the Constitution
excludes such
harmonisation.
TITLE IV: THE UNION'S INSTITUTIONS
Chapter I The institutional framework
Article 18: The Union's Institutions
1.
The Union shall be served by a single institutional framework which
shall aim to:
advance the objectives of the Union,
promote the values of the Union,
serve the interests of the Union, its citizens and its Member States,
and ensure the consistency, effectiveness and continuity of the
policies and actions which it
undertakes in pursuit of its objectives.
2.
This institutional framework comprises:
The European Parliament,
The European Council,
The Council of Ministers,
The European Commission,
The Court of Justice.
3.
Each Institution shall act within the limits of the powers conferred on
it in the Constitution,
and in conformity with the procedures and conditions set out in it. The
Institutions shall
practice full mutual cooperation.
Article 19: The European Parliament 1.
The European Parliament shall, jointly with the Council of Ministers,
enact legislation, and
exercise the budgetary function, as well as functions of political
control and consultation as
laid down in the Constitution. It shall elect the President of the
European Commission. 2.
The European Parliament shall be elected by direct universal suffrage
of European citizens in
free and secret ballot for a term of five years. Its members shall not
exceed seven hundred
and thirty-six in number. Representation of European citizens shall be
degressively
proportional, with a minimum threshold of four members per Member State.
Sufficiently in advance of the European Parliamentary elections in
2009, and, as necessary
thereafter for further elections, the European Council shall adopt by
unanimity, on the basis of
a proposal from the European Parliament and with its consent, a decisionestablishing the
composition of the European Parliament, respecting the principles set
out above.
3.
The European Parliament shall elect its President and its officers from
among its members.
Article 20: The European Council
1.
The European Council shall provide the Union with the necessary impetus
for its
development, and shall define its general political directions and
priorities. It does not
exercise legislative functions.
2.
The European Council shall consist of the Heads of State or Government
of the Member
States, together with its President and the President of the
Commission. The Union Minister
for Foreign Affairs shall take part in its work.
3.
The European Council shall meet quarterly, convened by its President.
When the agenda so
requires, its members may decide to be assisted by a minister and, in
the case of the
President of the Commission, a European Commissioner. When the
situation so requires,
the President shall convene a special meeting of the European Council.
4.
Except where the Constitution provides otherwise, decisions of the
European Council shall be
taken by consensus.
Article 21: The European Council Chair
1.
The European Council shall elect its President, by qualified majority,
for a term of two and a
half years, renewable once. In the event of an impediment or serious
misconduct, the
European Council can end his or her mandate according to the same
procedure.
2.
The President of the European Council:
shall chair it and drive forward its work,
shall ensure its proper preparation and continuity in cooperation with
the President of
the Commission, and on the basis of the work of the General Affairs
Council,
shall endeavour to facilitate cohesion and consensus within the
European Council,
shall present a report to the European Parliament after each of its
meetings.
The President of the European Council shall at his or her level and in
that capacity ensure
the external representation of the Union on issues concerning its
common foreign and security
policy, without prejudice to the responsibilities of the Union Minister
for Foreign Affairs.
3.
The President of the European Council may not hold a national mandate.
Article 22: The Council of Ministers
1.
The Council of Ministers shall, jointly with the European Parliament,
enact legislation,
exercise the budgetary function and carry out policy-making and
coordinating functions, as
laid down in the Constitution.
2.
The Council of Ministers shall consist of a representative of each
Member State at ministerial
level for each of its formations. Only this representative may commit
the Member State in
question and cast its vote.
3.
Except where the Constitution provides otherwise, decisions of the
Council of Ministers shall
be taken by qualified majority.
Article 23: Formations of the Council of Ministers
1.
The Legislative and General Affairs Council shall ensure consistency in
the work of the
Council of Ministers.
When it acts in its General Affairs function, it shall, in liaison with
the Commission, prepare,
and ensure follow-up to, meetings of the European Council.
When it acts in its legislative function, the Council of Ministers
shall consider and, jointly
with the European Parliament, enact European laws and European
framework laws, in
accordance with the provisions of the Constitution. In this function,
each Member State's
representation shall include one or two representatives at ministerial
level with relevant
expertise, reflecting the business on the agenda of the Council of
Ministers.
2.
The Foreign Affairs Council shall, on the basis of strategic guidelines
laid down by the
European Council, flesh out the Union's external policies, and ensure
that its actions are
consistent. It shall be chaired by the Union Minister for Foreign
Affairs.
3.
The European Council shall adopt a European decision establishing
further formations in
which the Council of Ministers may meet.
4.
The Presidency of Council of Ministers formations, other than that of
Foreign Affairs, shall be
held by Member State representatives within the Council of Ministers on
the basis of equal
rotation for periods of at least a year. The European Council shall
adopt a European decision
establishing the rules of such rotation, taking into account European
political and
geographical balance and the diversity of Member States.
Article 24: Qualified majority
1.
When the European Council or the Council of Ministers takes decisions
by qualified majority,
such a majority shall consist of the majority of Member States,
representing at least
three fifths of the population of the Union.
2.
When the Constitution does not require the European Council or the
Council of Ministers to
act on the basis of a proposal of the Commission, or when the European
Council or the
Council of Ministers is not acting on the initiative of the Union
Minister for Foreign Affairs,
the required qualified majority shall consist of two thirds of the
Member States, representing
at least three fifths of the population of the Union.
3.
The provisions of paragraphs 1 and 2 shall take effect on 1 November
2009, after the
European Parliament elections have taken place, according to the
provisions of Article 19.
4.
Where the Constitution provides in Part III for European laws and
framework laws to be
adopted by the Council of Ministers according to a special legislative
procedure, the
European Council can adopt, on its own initiative and by unanimity,
after a period of
consideration of at least six months, a decision allowing for the
adoption of such
European laws or framework laws according to the ordinary legislative
procedure.
The European Council shall act after consulting the European Parliament
and informing
the national Parliaments.
Where the Constitution provides in Part III for the
Council of Ministers to act unanimously in
a given area, the European Council can adopt, on its own initiative and
by unanimity, a
European decision allowing the Council of Ministers to act by qualified
majority in that area.
Any initiative taken by the European Council under this subparagraph
shall be sent to national
Parliaments no less than four months before any decision is taken on it.
5.
Within the European Council, its President and the President of the
Commission do not vote.
Article 25: The European Commission
1.
The European Commission shall promote the general European interest and
take appropriate
initiatives to that end. It shall ensure the application of the
Constitution, and steps taken by
the Institutions under the Constitution. It shall oversee the
application of Union law under the
control of the Court of Justice. It shall execute the budget and manage
programmes. It shall
exercisecoordinating, executive and management functions, as
laid down in the Constitution.
With the exception of the common foreign and security policy, and other
cases provided for in
the Constitution, it shall ensure the Union's external representation.
It shall initiate the
Union's annual and multiannual programming with a view to achieving
interinstitutional
agreements. 2.
Except where the Constitution provides otherwise, Union legislative
acts can be adopted only
on the basis of a Commission proposal. Other acts are adopted on the
basis of a Commission
proposal where the Constitution so provides.
3.
The Commission shall consist of a College comprising its President, the
Union Minister of
Foreign Affairs/Vice-President, and thirteen European Commissioners
selected on the basis of
a system of equal rotation between the Member States. This system shall
be established by a
European decision adopted by the European Council on the basis of the
following principles:
(a)
Member States shall be treated on a strictly equal footing as regards
determination of
the sequence of, and the time spent by, their nationals as Members of
the College;
consequently, the difference between the total number of terms of
office held by
nationals of any given pair of Member States may never be more than one;
(b)
subject to point (a), each successive College shall be so composed as
to reflect
satisfactorily the demographic and geographical range of all the Member
States of
the Union.
The Commission President shall appoint non-voting Commissioners, chosen
according to the
same criteria as apply for Members of the College and coming from all
other Member States.
These arrangements shall take effect on 1 November 2009.
4.
In carrying out its responsibilities, the Commission shall be
completely independent. In the
discharge of their duties, the European Commissioners and Commissioners
shall neither seek
nor take instructions from any government or other body. 5.
The Commission, as a College, shall be responsible to the European
Parliament.
The Commission President shall be responsible to the European
Parliament for the activities
of the Commissioners. Under the procedures set out in Article III-243,
the European
Parliament may pass a censure motion on the Commission. If such a
motion is passed,
the European Commissioners and Commissioners must all resign. The
Commission shall
continue to handle everyday business until a new College is nominated.
Article 26: The President of the European Commission 1.
Taking into account the elections to the European Parliament and after
appropriate
consultations, the European Council, deciding by qualified majority,
shall put to the
European Parliament its proposed candidate for the Presidency of the
Commission. This
candidate shall be elected by the European Parliament by a majority of
its members. If this
candidate does not receive the required majority support, the European
Council shall within
one month propose a new candidate to the European Parliament, following
the same
procedure. 2.
Each Member State determined by the system of rotation shall establish
a list of three persons,
in which both genders shall be represented, whom it considers qualified
to be a European
Commissioner. By choosing one person from each of the proposed lists,
the President-elect
shall select the thirteen European Commissioners for their competence,
European
commitment, and guaranteed independence. The President and thepersons
so nominated for
membership of the College, including the future Union Minister for
Foreign Affairs,as well
as the persons nominated as non-voting Commissioners, shall be
submitted collectively to a
vote of approval by the European Parliament. The Commission's term of
office shall be
five years.
3. President of the Commission shall:
lay down guidelines within which the Commission is to work;
decide its internal organisation, ensuring that it acts consistently,
efficiently and on a
collegiate basis;
appoint Vice-Presidents from among the members of the College.
A European Commissioner or Commissioner shall resign if the President
so requests.
Article 27: The Union Minister for Foreign Affairs
1.
The European Council, acting by qualified majority, with the agreement
of the President of
the Commission, shall appoint the Union Minister for Foreign Affairs.
He or she shall
conduct the Union's common foreign and security policy. The European
Council may end his
or her tenure by the same procedure.
2.
The Union Minister for Foreign Affairs shall contribute by his or her
proposals to the
development of the common foreign policy, which he or she shall carry
out as mandated by
the Council of Ministers. The same shall apply to the common security
and defence policy.
3.
The Union Minister for Foreign Affairs shall be one of the
Vice-Presidents of the
Commission. He or she shall be responsible there for handling external
relations and for
coordinating other aspects of the Union's external action. In
exercising these responsibilities
within the Commission, and only for these responsibilities, the Union
Minister for Foreign
Affairs shall be bound by Commission procedures.
Article 28: The Court of Justice
1.
The Court of Justice shall include the European Court of Justice, the
High Court and
specialised courts. It shall ensure respect for the law in the
interpretation and application of
the Constitution.
Member States shall provide rights of appeal sufficient to ensure
effective legal protection in
the field of Union law. 2.
The European Court of Justice shall consist of one judge from each
Member State, and shall
be assisted by Advocates-General.
The High Court shall include at least one judge per Member State: the
number shall be fixed
by the Statute of the Court of Justice.
The judges and the Advocates-General of the European Court of Justice
and the judges of the
High Court, chosen from persons whose independence is beyond doubt and
who satisfy the
conditions set out in Articles III-260 and III-261, shall be appointed
by common accord of the
governments of the Member States for a term of six years, renewable.
3.
The Court of Justice shall:
rule on actions brought by a Member State, an Institution or a natural
or legal person in
accordance with the provisions of Part III;
give preliminary rulings, at the request of Member State courts, on the
interpretation of
Union law or the validity of acts adopted by the Institutions;
rule on the other cases provided for in the Constitution.
Chapter II Other Institutions and bodies
Article 29: The European Central Bank
1.
The European Central Bank, together with the national central banks,
shall constitute the
European System of Central Banks. The European Central Bank, together
with the national
central banks of the Member States which have adopted the Union
currency, the euro, shall
conduct the monetary policy of the Union.
2.
The European System of Central Banks shall be governed by the
decision-making bodies of
the European Central Bank. The primary objective of the European System
of Central Banks
shall be to maintain price stability. Without prejudice to the
objective of price stability, it
shall support general economic policies in the Union with a view to
contributing to the
achievement of the Union's objectives. It shall conduct other Central
Bank tasks according to
the provisions of Part III and the Statute of the European System of
Central Banks and the
European Central Bank.
3.
The European Central Bank is an Institution which has legal
personality. It alone may
authorise the issue of the euro. In the exercise of its powers and for
its finances, it shall be
independent. Union Institutions and bodies, and the governments of the
Member States, shall
undertake to respect this principle.
4.
The European Central Bank shall adopt such measures as are necessary to
carry out its tasks
in accordance with the provisions of Articles III-77 to III-83 and
Article III-90, and with the
conditions laid down in the Statute of the European System of Central
Banks and the
European Central Bank. In accordance with these same provisions, those
Member States
which have not adopted the euro, and their central banks, shall retain
their powers in monetary
matters.
5.
Within its areas of competence, the European Central Bank shall be
consulted on all proposed
Union acts, and all proposals for regulation at national level, and may
give an opinion.
6.
The decision-making organs of the European Central Bank, their
composition and operating
methods are set out in Articles III-84 to III-87, as well as in the
Statute of the
European System of Central Banks and of the European Central Bank.
Article 30: The Court of Auditors
1.
The Court of Auditors is the Institution which shall carry out the
audit.
2.
It shall examine the accounts of all Union revenue and expenditure, and
shall ensure good
financial management. 3.
It shall consist of one national of each Member State. In the
performance of their duties, its
members shall be completely independent.
Article 31: The Union's advisory bodies
1.
The European Parliament, the Council of Ministers and the Commission
shall be assisted by a
Committee of the Regions and an Economic and Social Committee,
exercising advisory
functions.
2.
The Committee of the Regions shall consist of representatives of
regional and local bodies
who either hold a regional or local authority electoral mandate or are
politically accountable
to an elected assembly.
3.
The Economic and Social Committee shall consist of representatives of
organisations of
employers, of the employed, and of others representative of civil
society, notably in
socio-economic, civic, professional and cultural areas.
4.
The members of the Committee of the Regions and the Economic and Social
Committee must
not be bound by any mandatory instructions. They shall be completely
independent, in the
performance of their duties, in the Union's general interest. 5.
Rules governing the composition of these Committees, the designation of
their members, their
powers and their operations, are set out in Articles III-292 to
III-298. The rules governing
their composition shall be reviewed at regular intervals by the Council
of Ministers, on the
basis of a Commission proposal, in the light of economic, social and
demographic
developments within the Union.
TITLE V: EXERCISE OF UNION COMPETENCE
Chapter I Common provisions
Article 32: The legal acts of the Union
1.
In exercising the competences conferred on it in the Constitution, the
Union shall use as legal
instruments, in accordance with the provisions of Part III, European
laws, European
framework laws, European regulations, European decisions,
recommendations and opinions.
A European law shall be a legislative act of general application. It
shall be binding in its
entirety and directly applicable in all Member States.
A European framework law shall be a legislative act binding, as to the
result to be achieved,
on the Member States to which it is addressed, but leaving the national
authorities entirely
free to choose the form and means of achieving that result.
A European regulation shall be a non-legislative act of general
application for the
implementation of legislative acts and of certain specific provisions
of the Constitution. It
may either be binding in its entirety and directly applicable in all
Member States, or be
binding, as regards the result to be achieved, on all Member States to
which it is addressed,
but leaving the national authorities entirely free to choose the form
and means of achieving
that result.
A European decision shall be a non-legislative act,
binding in its entirety. A decision which
specifies those to whom it is addressed shall be binding only on them.
Recommendations and opinions adopted by the Institutions shall have no
binding force.
2.
When considering proposals for legislative acts, the European
Parliament and the Council of
Ministers shall refrain from adopting acts not provided for by this
Article in the area in
question.
Article 33: Legislative acts 1.
European laws and European framework laws shall be adopted, on the
basis of proposals from
the Commission, jointly by the European Parliament and the Council of
Ministers under the
ordinary legislative procedure as set out in Article III-302. If the
two Institutions cannot reach
agreement on an act, it shall not be adopted.
In the cases specifically provided for in Article III-165, European
laws and European
framework laws may be adopted at the initiative of a group of Member
States in accordance
with Article III-302.
2.
In the specific cases provided for by the Constitution, European laws
and European
framework laws shall be adopted by the European Parliament with the
participation of the
Council of Ministers, or by the latter with the participation of the
European Parliament, in
accordance with special legislative procedures.
Article 34: Non-legislative acts
1.
The Council of Ministers and the Commission shall adopt European
regulations or European
decisions in the cases referred to in Articles 35 and 36 and in the
cases specifically provided
for in the Constitution. The European Council shall adopt European
decisions in the cases
specifically provided for in the Constitution. The European Central
Bank shall adopt
European regulations and European decisions when authorised to do so by
the Constitution.
2.
The Council of Ministers and the Commission, and the European Central
Bank when so
authorised in the Constitution, adopt recommendations.
Article 35: Delegated regulations
1.
European laws and European framework laws may delegate to the
Commission the power to
enact delegated regulations to supplement or amend certain
non-essential elements of the
European law or framework law.
The objectives, content, scope and duration of the delegation shall be
explicitly defined in the
European laws and framework laws. A delegation may not cover the
essential elements of an
area. These shall be reserved for the European law or framework law.
2.
The conditions of application to which the delegation is subject shall
be explicitly determined
in the European laws and framework laws. They may consist ofthe
following possibilities:
the European Parliament or the Council of Ministers may decide to
revoke the
delegation;
the delegated regulation may enter into force only if no objection has
been expressed by
the European Parliament or the Council of Ministers within a period set
by the European
law or framework law.
For the purposes of the preceding paragraph, the European Parliament
shall act by a majority
of its members, and the Council of Ministers by a qualified majority.
Article 36: Implementing acts
1.
Member States shall adopt all measures of national law necessary to
implement legally
binding Union acts.
2.
Where uniform conditions for implementing binding Union acts are
needed, those acts may
confer implementing powers on the Commission, or, in specific cases
duly justified and in the
cases provided for in Article 39, on the Council of Ministers.
3.
The European laws shall lay down in advance rules and general
principles for the mechanisms
for control by Member States of Union implementing acts.
4.
Union implementing acts shall take the form of European implementing
regulations or
European implementing decisions.
Article 37: Principles common to the Union's legal acts
1.
Unless the Constitution contains a specific stipulation, the
Institutions shall decide, in
compliance with the procedures applicable, the type of act to be
adopted in each case,
in accordance with the principle of proportionality set out in Article
9.
2.
European laws, European framework laws, European regulations and
European decisions
shall state the reasons on which they are based and shall refer to any
proposals or opinions
required by the Constitution.
Article 38: Publication and entry into force
1.
European laws and framework laws adopted under the ordinary legislative
procedure shall be
signed by the President of the European Parliament and by the President
of the Council of
Ministers. In other cases they shall be signed by the President of the
European Parliament or
by the President of the Council of Ministers. European laws and
European framework laws
shall be published in the Official Journal of the European Union and
shall enter into force on
the date specified in them or, in the absence of such a stated date, on
the twentieth day
following their publication.
2. European regulations and European decisions which do not specify to
whom they are
addressed or which are addressed to all Member States shall be signed
by the President of the
Institution which adopts them, shall be published in the Official
Journal of the
European Union and shall enter into force on the date specified in them
or, in the absence of
such a stated date, on the twentieth day following their publication.
3.
Other decisions shall be notified to those to whom they are addressed
and shall take effect
upon such notification.
Chapter II Specific provisions
Article 39: Specific provisions for implementing common foreign and
security policy
1.
The European Union shall conduct a common foreign and security policy,
based on the
development of mutual political solidarity among Member States, the
identification of
questions of general interest and the achievement of an ever-increasing
degree of convergence
of Member States' actions.
2.
The European Council shall identify the Union's strategic interests and
determine the
objectives of its common foreign and security policy. The Council of
Ministers shall frame
this policy within the framework of the strategic guidelines
established by the
European Council and in accordance with the arrangements in Part III.
3.
The European Council and the Council of Ministers shall adopt the
necessary European
decisions.
4.
The common foreign and security policy shall be put into effect by the
Union Minister for
Foreign Affairs and by the Member States, using national and Union
resources.
5.
Member States shall consult one another within the European Council and
the
Council of Ministers on any foreign and security policy issue which is
of general interest in
order to determine a common approach. Before undertaking any action on
the international
scene or any commitment which could affect the Union's interests, each
Member State shall
consult the others within the European Council or the Council of
Ministers. Member States
shall ensure, through the convergence of their actions, that the Union
is able to assert its
interests and values on the international scene. Member States shall
show mutual solidarity. 6.
The European Parliament shall be regularly consulted on the main
aspects and basic choices
of the common foreign and security policy and shall be kept informed of
how it evolves.
7.
European decisions relating to the common foreign and security policy
shall be adopted by
the European Council and the Council of Ministers unanimously, except
in the cases referred
to in Part III. The European Council and the Council of Ministers shall
act on a proposal from
a Member State, from the Union Minister for Foreign Affairs or from
that Minister with the
Commission's support.European laws and European framework laws
are excluded.
8.
The European Council may unanimously decide that the Council of
Ministers should act by
qualified majority in cases other than those referred to in Part III.
Article 40: Specific provisions for implementing
the common security and defence policy
1.
The common security and defence policy shall be an integral part of the
common foreign and
security policy. It shall provide the Union with an operational
capacity drawing on assets
civil andmilitary. The Union may use them on missions outside
the Union for peace-keeping,
conflict prevention and strengthening international security in
accordance with the principles
of the United Nations Charter. The performance of these tasks shall be
undertaken using
capabilities provided by the Member States.
2.
The common security and defence policy shall include the progressive
framing of a common
Union defence policy. This will lead to a common defence, when the
European Council,
acting unanimously, so decides. It shall in that case recommend to the
Member States the
adoption of such a decision in accordance with their respective
constitutional requirements.
The policy of the Union in accordance with this Article shall not
prejudice the specific
character of the security and defence policy of certain Member States
and shall respect the
obligations of certain Member States, which see their common defence
realised in the North
Atlantic Treaty Organisation, under the North Atlantic Treaty, and be
compatible with the
common security and defence policy established within that framework.
3.
Member States shall make civilian andmilitary capabilities
available to the Union for the
implementation of the common security and defence policy, to contribute
to the objectives
defined by the Council of Ministers. Those Member States which together
establish
multinational forces may also make them available to the common
security and defence
policy.
Member States shall undertake progressively to improve
their military capabilities.
A European Armaments, Research and Military Capabilities Agency shall
be established to
identify operational requirements, to promote measures to satisfy those
requirements, to
contribute to identifying and, where appropriate, implementing any
measure needed to
strengthen the industrial and technological base of the defence sector,
to participate in
defining a European capabilities and armaments policy, and to assist
the Council of Ministers
in evaluating the improvement of military capabilities.
4.
European decisions on the implementation of the common security and
defence policy,
including those initiating a mission as referred to in this Article,
shall be adopted by the
Council of Ministers acting unanimously on a proposal from the Union
Minister for
Foreign Affairs or from a Member State. The Union Minister for Foreign
Affairs may
propose the use of both national resources and Union instruments,
together with the
Commission where appropriate.
5.
The Council of Ministers may entrust the execution of a task, within
the Union framework, to
a group of Member States in order to protect the Union's values and
serve its interests.
The execution of such a task shall be governed by Article III-211.
6.
Those Member States whose military capabilities fulfil higher criteria
and which have made
more binding commitments to one another in this area with a view to the
most demanding
missions shall establish structured cooperation within the Union
framework. Such
cooperation shall be governed by the provisions of Article III-213.
7.
Until such time as the European Council has acted in accordance with
paragraph 2 of this
Article, closer cooperation shall be established, in the Union
framework, as regards mutual
defence. Under this cooperation, if one of the Member States
participating in such
cooperation is the victim of armed aggression on its territory, the
other participating States
shall give it aid and assistance by all the means in their power,
military or other, in accordance
with Article 51 of the United Nations Charter. In the execution of
closer cooperation on
mutual defence, the participating Member States shall work in close
cooperation with the
North Atlantic Treaty Organisation. The detailed arrangements for
participation in this
cooperation and its operation, and the relevant decision-making
procedures, are set out in
Article III-214. 8.
The European Parliament shall be regularly consulted on the main
aspects and basic choices
of the common security and defence policy, and shall be kept informed
of how it evolves.
Article 41: Specific provisions for implementing the area of
freedom, security and justice
1.
The Union shall constitute an area of freedom, security and justice:
by adopting European laws and framework laws intended, where necessary,
to
approximate national laws in the areas listed in Part III;
by promoting mutual confidence between the competent authorities of the
Member
States, in particular on the basis of mutual recognition of judicial
and extrajudicial
decisions;
by operational cooperation between the competent authorities of the
Member States,
including the police, customs and other services specialising in the
prevention and
detection of criminal offences.
2.
Within the area of freedom, security and justice, national parliaments
may participate in the
evaluation mechanisms foreseen in Article III-161, and shall be
involved in the political
monitoring of Europol and the evaluation of Eurojust's activities in
accordance with
Articles III-177 and III-174.
3.
In the field of police and judicial cooperation in criminal matters,
Member States shall have
a right of initiative in accordance withArticle III-160 of the
Constitution.
Article 42: Solidarity clause
1.
The Union and its Member States shall act jointly in a spirit of
solidarity if a Member State is
the victim of terrorist attack or natural or man-made disaster. The
Union shall mobilise all the
instruments at its disposal, including the military resources made
available by the
Member States, to:
(a)
prevent the terrorist threat in the territory of the Member States;
protect democratic institutions and the civilian population from any
terrorist
attack;
assist a Member State in its territory at the request of its political
authorities in the
event of a terrorist attack;
(b)
assist a Member State in its territory at the request of its political
authorities in the
event of a disaster.
2.
The detailed arrangements for implementing this provision are at
Article III-231.
Chapter III Enhanced cooperation
Article 43: Enhanced cooperation
1.
Member States which wish to establish enhanced cooperation between
themselves within the
framework of the Union's non-exclusive competences may make use of its
Institutions and
exercise those competences by applying the relevant provisions of the
Constitution, subject to
the limits and in accordance with the procedures laid down in this
Article and in
Articles III-322 to III-329.
Enhanced cooperation shall aim to further the objectives of the Union,
protect its interests and
reinforce its integration process. Such cooperation shall be open to
all Member States when it
is being established and at any time, in accordance with Article
III-324.
2.
Authorisation to proceed with enhanced cooperation shall be granted by
the Council of
Ministers as a last resort, when it has been established within the
Council of Ministersthat the
objectives of such cooperation cannot be attained within a reasonable
period by the Union as a
whole, and provided that it brings together at least one third of the
Member States. The
Council of Ministersshall act in accordance with the procedure
laid down in Article III-325.
3.
Only members of the Council of Ministersrepresenting the
States participating in enhanced
cooperation shall take part in the adoption of acts. All Member States
may, however, take part
in the deliberations of the Council of Ministers.
Unanimity shall be constituted by the votes of the representatives of
the participating States
only. A qualified majority shall be defined as a majority of the votes
of the representatives of
the participating States, representing at least three fifths of the
population of those States.
Where the Constitution does not require the Council of Ministersto
act on the basis of a
Commission proposal, or where the Council of Ministersis not
acting upon initiative of the
Minister for Foreign Affairs, the required qualified majority shall be
defined as a majority of
two thirds of the participating States, representing at least three
fifths of the population of
those States.
4.
Acts adopted in the framework of enhanced cooperation shall bind only
participating States.
They shall not be regarded as an acquis which has to be accepted by
candidates for accession
to the Union.
TITLE VI: THE DEMOCRATIC LIFE OF THE UNION
Article 44: The principle of democratic equality
In all its activities, the Union shall observe the principle of the
equality of citizens. All shall receive
equal attention from the Union's Institutions.
Article 45: The principle of representative democracy
1.
The working of the Union shall be founded on the principle of
representative democracy.
2.
Citizens are directly represented at Union level in the European
Parliament. Member States
are represented in the European Council and in the Council of Ministersby their governments,
themselves accountable to national parliaments, elected by their
citizens.
3.
Every citizen shall have the right to participate in the democratic
life of the Union. Decisions
shall be taken as openly as possible and as closely as possible to the
citizen. 4.
Political parties at European level contribute to forming European
political awareness and to
expressing the will of Union citizens.
Article 46: The principle of participatory democracy
1.
The Union Institutions shall, by appropriate means, give citizens and
representative
associations the opportunity to make known and publicly exchange their
views in all areas of
Union action.
2.
The Union Institutions shall maintain an open, transparent and regular
dialogue with
representative associations and civil society.
3.
The Commission shall carry out broad consultations with parties
concerned in order to ensure
that the Union's actions are coherent and transparent. 4.
No less than one million citizens coming from a significant number of
Member States may
invite the Commission to submit any appropriate proposal on matters
where citizens consider
that a legal act of the Union is required for the purpose of
implementing the Constitution.
A European law shall determine the provisions for the specific
procedures and conditions
required for such a citizens' initiative.
Article 47: The social partners and autonomous social dialogue
The European Union recognises and promotes the role of the social
partners at Union level, taking
into account the diversity of national systems; it shall facilitate
dialogue between the social partners, respecting their autonomy.
Article 48: The European Ombudsman
A European Ombudsman appointed by the European Parliament shall
receive, investigate and
report on complaints about maladministration within the Union
Institutions, bodies or agencies.
The European Ombudsman shall be completely independent in the
performance of his or her duties.
Article 49: Transparency of the proceedings of
Union Institutions
1.
In order to promote good governance and ensure the participation of
civil society, the Union
Institutions, bodies and agencies shall conduct their work as openly as
possible.
2.
The European Parliament shall meet in public, as shall the Council of
Ministers when
examining and adopting a legislative proposal.
3.
Any citizen of the Union, and any natural or legal person residing or
having its registered
office in a Member State shall have a right of access to documents of
the Union Institutions,
bodies and agencies in whatever form they are produced, in accordance
with the conditions
laid down in Part III.
4.
A European law shall lay down the general principles and limits which,
on grounds of public
or private interest, govern the right of access to such documents.
5.
Each Institution, body or agency referred to in paragraph 3 shall
determine in its own rules of
procedure specific provisions regarding access to its documents, in
accordance with the
European law referred to in paragraph 4.
Article 50: Protection of personal data
1.
Everyone has the right to the protection of personal data concerning
him or her.
2.
A European law shall lay down the rules relating to the protection of
individuals with regard
to the processing of personal data by Union Institutions, bodies and
agencies, and by the
Member States when carrying out activities which come under the scope
of Union law, and
the rules relating to the free movement of such data. Compliance with
these rules shall be
subject to the control of an independent authority.
Article 51: Status of churches and non-confessional
organisations
1.
The Union respects and does not prejudice the status under national law
of churches and
religious associations or communities in the Member States.
2.
The Union equally respects the status of philosophical and
non-confessional organisations.
3.
Recognising their identity and their specific contribution, the Union
shall maintain an open,
transparent and regular dialogue with these churches and organisations.
TITLE VII: THE UNION'S FINANCES
Article 52: Budgetary and financial principles
1.
All items of Union revenue and expenditure shall be included in
estimates drawn up for each
financial year and shall be shown in the budget, in accordance with the
provisions of Part III.
2.
The revenue and expenditure shown in the budget shall be in balance.
3.
The expenditure shown in the budget shall be authorised for the annual
budgetary period in
accordance with the European law referred to in Article III-318.
4.
The implementation of expenditure shown in the budget shall require the
prior adoption of a
binding legal act providing a legal basis for Union action and for the
implementation of the
expenditure in accordance with the European law referred to in Article
III-318. This act must
take the form of a European law, a European framework law, a European
regulation or a
European decision.
5.
With a view to maintaining budgetary discipline, the Union shall not
adopt any act which is
likely to have appreciable implications for the budget without
providing an assurance that the
proposal or measure in question is capable of being financed within the
limit of the Union's
own resources and the multiannual financial framework referred to in
Article 54.
6.
The Union's budget shall be implemented in accordance with the
principle of sound financial
management. Member States shall cooperate with the Union to ensure that
the appropriations
entered in the budget are used in accordance with the principles of
sound financial
management.
7.
The Union and the Member States shall counter fraud and any other
illegal activities affecting
the financial interests of the Union in accordance with the provisions
of Article III-321.
Article 53: The Union's resources
1.
The Union shall provide itself with the means necessary to attain its
objectives and carry
through its policies.
2.
Without prejudice to other revenue, the Union's budget shall be
financed wholly from its own
resources.
3.
A European law of the Council of Ministers shall lay down the limit of
the Union's resources
and may establish new categories of resources or abolish an existing
category. That law shall
not enter into force until it is approved by the Member States in
accordance with their
respective constitutional requirements. The Council of Ministers shall
act unanimously after
consulting the European Parliament.
4.
A European law of the Council shall lay down the modalities relating to
the Union's resources.
The Council of Ministers shall act after obtaining the consent of the
European Parliament.
Article 54: The multiannual financial framework
1.
The multiannual financial framework shall ensure that Union expenditure
develops in an
orderly manner and within the own resources limits. It shall determine
the amounts of the
annual ceilings for commitment appropriations by category of
expenditure in accordance with
the provisions of Article III-308.
2.
A European law of the Council of Ministers shall lay down the
multiannual financial
framework. The Council of Ministers shall act after obtaining the
consent of the European
Parliament, which shall be given by a majority of its component members.
3.
The annual budget of the Union shall comply with the multiannual
financial framework.
4.
The Council of Ministers shall act unanimously when adopting the first
multiannual financial
framework following the entry into force of the Constitution.
Article 55: The Union's budget
The European Parliament and the Council of Ministers shall, on a
proposal from the Commission
and in accordance with the arrangements laid down in Article III-310,
adopt the European law
determiningthe Union's annual budget.
TITLE VIII: THE UNION AND ITS IMMEDIATE ENVIRONMENT
Article 56: The Union and its immediate environment
1.
The Union shall develop a special relationship with neighbouring
States, aiming to establish
an area of prosperity and good neighbourliness, founded on the values
of the Union and
characterised by close and peaceful relations based on cooperation.
2.
For this purpose, the Union may conclude and implement specific
agreements with the
countries concerned in accordance with Article III-227. These
agreements may contain
reciprocal rights and obligations as well as the possibility of
undertaking activities jointly.
Their implementation shall be the subject of periodic consultation.
TITLE IX: UNION MEMBERSHIP
Article 57: Conditions of eligibility and procedure for
accession to
the Union
1.
The Union shall be open to all European States which respectthe
values referred to in
Article 2, and are committed to promoting them together.
2.
Any European State which wishes to become a member of the Union shall
address its
application to the Council of Ministers. The European Parliament and
the Member States'
national Parliaments shall be notified of this application. The Council
of Ministers shall act
unanimously after consulting the Commission and after obtaining the
consent of the European
Parliament. The conditions and arrangements for admission shall be the
subject of an
agreement between the Member States and the candidate State. That
agreement shall be
subject to ratification by each contracting State, in accordance with
its respective
constitutional requirements.
Article 58: Suspension of Union membership rights
1.
On a reasoned proposal by one third of the Member States, by the
European Parliament or by
the Commission, the Council of Ministers, acting by a majority of four
fifths of its members
after obtaining the consent of the European Parliament, may adopt a
European decision
determiningthat there is a clear risk of a serious breach by a
Member State of the values
mentioned in Article 2. Before making such a determination, the Council
of Ministers shall
hear the Member State in question and, acting in accordance with the
same procedure, may
address recommendations to that State.
The Council of Ministers shall regularly verify that
the grounds on which such a
determination was made continue to apply.
2.
The European Council, acting by unanimity on a proposal by one third of
the Member States
or by the Commission and after obtaining the consentof the
European Parliament, may adopt
a European decision determiningthe existence of a serious and
persistent breach by a Member
State of the values mentioned in Article 2, after inviting the Member
State in question to
submit its observations.
3.
Where a determination under paragraph 2 has been made, the Council of
Ministers, acting by
a qualified majority, may adopt a European decision suspendingcertain
of the rights deriving
from the application of the Constitution to the Member State in
question, including the voting
rights of that Member State in the Council of Ministers. In so doing,
the Council of Ministers
shall take into account the possible consequences of such a suspension
on the rights and
obligations of natural and legal persons.
That Member State shall in any case continue to be bound by its
obligations under the
Constitution.
4.
The Council of Ministers, acting by a qualified majority, may
subsequently adopt a
European decision varying or revoking measures taken under paragraph 3
in response to
changes in the situation which led to their being imposed.
5.
For the purposes of this Article, the Council of Ministers shall act
without taking into account
the vote of the Member State in question. Abstentions by members
present in person or
represented shall not prevent the adoption of decisions referred to in
paragraph 2.
This paragraph shall also apply in the event of voting rights being
suspended pursuant to
paragraph 3.
6.
For the purposes of paragraphs 1 and 2, the European Parliament shall
act by a two-thirds
majority of the votes cast, representing the majority of its Members.
Article 59: Voluntary withdrawal from the Union
1.
Any Member State may decide to withdraw from the European Union in
accordance with its
own constitutional requirements.
2.
A Member State which decides to withdraw shall notify the European
Council of its intention;
the European Council shall examine that notification. In the light of
the guidelines provided
by the European Council, the Union shall negotiate and conclude an
agreement with that
State, setting out the arrangements for its withdrawal, taking account
of the framework for its
future relationship with the Union. That agreement shall be concluded
on behalf of the Union
by the Council of Ministers, acting by a qualified majority, after
obtaining the consent of the
European Parliament.
The representative of the withdrawing Member State shall not
participate in Council of
Ministers or European Council discussions or decisions concerning it.
3.
The Constitution shall cease to apply to the State in question from the
date of entry into force
of the withdrawal agreement or, failing that, two years after the
notification referred to in
paragraph 2, unless the European Council, in agreement with the Member
State concerned,
decides to extend this period.
4.
If a State which has withdrawn from the Union asks to re-join, its
request shall be subject to
the procedure referred to in Article 57.
PART II
THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
PREAMBLE
The peoples of Europe, in creating an ever closer union among them, are
resolved to share a
peaceful future based on common values.
Conscious of its spiritual and moral heritage, the Union is founded on
the indivisible, universal
values of human dignity, freedom, equality and solidarity; it is based
on the principles of democracy
and the rule of law. It places the individual at the heart of its
activities, by establishing the
citizenship of the Union and by creating an area of freedom, security
and justice. The Union
contributes to the preservation and to the development of these common
values while respecting the
diversity of the cultures and traditions of the peoples of Europe as
well as the national identities of
the Member States and the organisation of their public authorities at
national, regional and local
levels; it seeks to promote balanced and sustainable development and
ensures free movement of
persons, goods, services and capital, and the freedom of establishment.
To this end, it is necessary to strengthen the protection of
fundamental rights in the light of changes
in society, social progress and scientific and technological
developments by making those rights
more visible in a Charter.
This Charter reaffirms, with due regard for the powers and tasks of the
Union and the principle of
subsidiarity, the rights as they result, in particular, from the
constitutional traditions and
international obligations common to the Member States, the European
Convention for the
Protection of Human Rights and Fundamental Freedoms, the Social
Charters adopted by the Union
and by the Council of Europe and the case law of the Court of Justice
of the European Union and of
the European Court of Human Rights. In this context the Charter will be
interpreted by the courts
of the Union and the Member States with due regard to the explanations
prepared at the instigation
of the Praesidium of the Convention which drafted the Charter.
Enjoyment of these rights entails responsibilities and duties with
regard to other persons, to the
human community and to future generations.
The Union therefore recognises the rights, freedoms and principles set
out hereafter.
TITLE I: DIGNITY
Article II-1: Human dignity
Human dignity is inviolable. Itmust be respected and protected.
Article II-2: Right to life
1.
Everyone has the right to life.
2.
No one shall be condemned to the death penalty, or executed.
Article II-3: Right to the integrity of the person
1.
Everyone has the right to respect for his or her physical and mental
integrity.
2.
In the fields of medicine and biology, the following must be respected
in particular:
(a)
the free and informed consent of the person concerned, according to the
procedures laid
down by law,
(b)
the prohibition of eugenic practices, in particular those aiming at the
selection of
persons,
(c)
the prohibition on making the human body and its parts as such a source
of financial
gain,
(d)
the prohibition of the reproductive cloning of human beings.
Article II-4: Prohibition of torture and inhuman or degrading
treatment or punishment
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment.
Article II-5: Prohibition of slavery and forced labour
1.
No one shall be held in slavery or servitude.
2.
No one shall be required to perform forced or compulsory labour.
3.
Trafficking in human beings is prohibited.
TITLE II: FREEDOMS
Article II-6: Right to liberty and security
Everyone has the right to liberty and security of person.
Article II-7: Respect for private and family life
Everyone has the right to respect for his or her private and family
life, home and communications.
Article II-8: Protection of personal data
1.
Everyone has the right to the protection of personal data concerning
him or her.
2.
Such data must be processed fairly for specified purposes and on the
basis of the consent of
the person concerned or some other legitimate basis laid down by law.
Everyone has the right
of access to data which has been collected concerning him or her, and
the right to have it
rectified.
3.
Compliance with these rules shall be subject to control by an
independent authority.
Article II-9: Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed
in accordance with the
national laws governing the exercise of these rights.
Article II-10: Freedom of thought, conscience and religion
1.
Everyone has the right to freedom of thought, conscience and religion.
This right includes
freedom to change religion or belief and freedom, either alone or in
community with others
and in public or in private, to manifest religion or belief, in
worship, teaching, practice and
observance.
2.
The right to conscientious objection is recognised, in accordance with
the national laws
governing the exercise of this right.
Article II-11: Freedom of expression and information
1.
Everyone has the right to freedom of expression. This right shall
include freedom to hold
opinions and to receive and impart information and ideas without
interference by public
authority and regardless of frontiers.
2.
The freedom and pluralism of the media shall be respected.
Article II-12: Freedom of assembly and of association
1.
Everyone has the right to freedom of peaceful assembly and to freedom
of association at all
levels, in particular in political, trade union and civic matters,
which implies the right of
everyone to form and to join trade unions for the protection of his or
her interests.
2.
Political parties at Union level contribute to expressing the political
will of the citizens of
the Union.
Article II-13: Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic
freedom shall be respected.
Article II-14: Right to education
1.
Everyone has the right to education and to have access to vocational
and continuing training.
2.
This right includes the possibility to receive free compulsory
education.
3.
The freedom to found educational establishments with due respect for
democratic principles
and the right of parents to ensure the education and teaching of their
children in conformity
with their religious, philosophical and pedagogical convictions shall
be respected, in
accordance with the national laws governing the exercise of such
freedom and right.
Article II-15: Freedom to choose an occupation and right to engage
in work
1.
Everyone has the right to engage in work and to pursue a freely chosen
or accepted
occupation.
2.
Every citizen of the Union has the freedom to seek employment, to work,
to exercise the right
of establishment and to provide services in any Member State.
3.
Nationals of third countries who are authorised to work in the
territories of the Member States
are entitled to working conditions equivalent to those of citizens of
the Union.
Article II-16: Freedom to conduct a business
The freedom to conduct a business in accordance with Union law and
national laws and practices is
recognised.
Article II-17: Right to property
1.
Everyone has the right to own, use, dispose of and bequeath his or her
lawfully acquired
possessions. No one may be deprived of his or her possessions, except
in the public interest
and in the cases and under the conditions provided for by law, subject
to fair compensation
being paid in good time for their loss. The use of property may be
regulated by law insofar as
is necessary for the general interest.
2.
Intellectual property shall be protected.
Article II-18: Right to asylum
The right to asylum shall be guaranteed with due respect for the rules
of the Geneva Convention of
28 July 1951 and the Protocol of 31 January 1967 relating to the status
of refugees and in
accordance with the Constitution.
Article II-19: Protection in the event of removal, expulsion or
extradition
1.
Collective expulsions are prohibited.
2.
No one may be removed, expelled or extradited to a State where there is
a serious risk that he
or she would be subjected to the death penalty, torture or other
inhuman or degrading
treatment or punishment.
TITLE III: EQUALITY
Article II-20: Equality before the law
Everyone is equal before the law.
Article II-21: Non-discrimination
1.
Any discrimination based on any ground such as sex, race, colour,
ethnic or social origin,
genetic features, language, religion or belief, political or any other
opinion, membership of a
national minority, property, birth, disability, age or sexual
orientation shall be prohibited.
2.
Within the scope of application of the Constitution and without
prejudice to any of its specific
provisions, any discrimination on grounds of nationality shall be
prohibited.
Article II-22: Cultural, religious and linguistic
diversity
The Union shall respect cultural, religious and linguistic diversity.
Article II-23: Equality between men and women
Equality between men and women must be ensured in all areas, including
employment, work and
pay.
The principle of equality shall not prevent the maintenance or adoption
of measures providing for
specific advantages in favour of the under-represented sex.
Article II-24: The rights of the child
1.
Children shall have the right to such protection and care as is
necessary for their well-being.
They may express their views freely. Such views shall be taken into
consideration on matters
which concern them in accordance with their age and maturity.
2.
In all actions relating to children, whether taken by public
authorities or private Institutions,
the child's best interests must be a primary consideration.
3.
Every child shall have the right to maintain on a regular basis a
personal relationship and
direct contact with both his or her parents, unless that is contrary to
his or her interests.
Article II-25: The rights of the elderly
The Union recognises and respects the rights of the elderly to lead a
life of dignity and
independence and to participate in social and cultural life.
Article II-26: Integration of persons with disabilities
The Union recognises and respects the right of persons with
disabilities to benefit from measures
designed to ensure their independence, social and occupational
integration and participation in the
life of the community.
TITLE IV: SOLIDARITY
Article II-27: Workers' right to information and consultation
within
the undertaking
Workers or their representatives must, at the appropriate levels, be
guaranteed information and
consultation in good time in the cases and under the conditions
provided for by Union law and
national laws and practices.
Article II-28: Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in
accordance with Union law and
national laws and practices, the right to negotiate and conclude
collective agreements at the
appropriate levels and, in cases of conflicts of interest, to take
collective action to defend their
interests, including strike action.
Article II-29: Right of access to placement services
Everyone has the right of access to a free placement service.
Article II-30: Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal,
in accordance with Union law and national laws and practices.
Article II-31: Fair and just working conditions
1.
Every worker has the right to working conditions which respect his or
her health, safety and
dignity.
2.
Every worker has the right to limitation of maximum working hours, to
daily and weekly
rest periods and to an annual period of paid leave.
Article II-32: Prohibition of child labour and
protection of young people at work
The employment of children is prohibited. The minimum age of admission
to employment may not
be lower than the minimum school-leaving age, without prejudice to such
rules as may be
more favourable to young people and except for limited derogations.
Young people admitted to work must have working conditions appropriate
to their age and be
protected against economic exploitation and any work likely to harm
their safety, health or physical, mental, moral or social development
or to interfere with their
education.
Article II-33: Family and professional life
1.
The family shall enjoy legal, economic and social protection.
2.
To reconcile family and professional life, everyone shall have the
right to protection from
dismissal for a reason connected with maternity and the right to paid
maternity leave and to
parental leave following the birth or adoption of a child.
Article II-34: Social security and social assistance
1.
The Union recognises and respects the entitlement to social security
benefits and social
services providing protection in cases such as maternity, illness,
industrial accidents,
dependency or old age, and in the case of loss of employment, in
accordance with the rules
laid down by Union law and national laws and practices.
2.
Everyone residing and moving legally within the European Union is
entitled to social security
benefits and social advantages in accordance with Union law and
national laws and practices.
3.
In order to combat social exclusion and poverty, the Union recognises
and respects the right
to social and housing assistance so as to ensure a decent existence for
all those who lack
sufficient resources, in accordance with the rules laid down by Union
law and national laws
and practices.
Article II-35: Health care
Everyone has the right of access to preventive health care and the
right to benefit from medical
treatment under the conditions established by national laws and
practices. A high level of human
health protection shall be ensured in the definition and implementation
of all Union policies and
activities.
Article II-36: Access to services of general
economic interest
The Union recognises and respects access to services of general
economic interest as provided for
in national laws and practices, in accordance with the Constitution, in
order to promote the social
and territorial cohesion of the Union.
Article II-37: Environmental protection
A high level of environmental protection and the improvement of the
quality of the environment
must be integrated into the policies of the Union and ensured in
accordance with the principle of
sustainable development.
Article II-38: Consumer protection
Union policies shall ensure a high level of consumer protection.
TITLE V: CITIZENS' RIGHTS
Article II-39: Right to vote and to stand as a candidate at
elections to the European Parliament
1.
Every citizen of the Union has the right to vote and to stand as a
candidate at elections to the
European Parliament in the Member State in which he or she resides,
under the same
conditions as nationals of that State.
2.
Members of the European Parliament shall be elected by direct universal
suffrage in a free
and secret ballot.
Article II-40: Right to vote and to stand as a candidate at
municipal elections
Every citizen of the Union has the right to vote and to stand as a
candidate at municipal elections in the Member State in which he or she
resides under the same conditions
as nationals of that State.
Article II-41: Right to good administration
1.
Every person has the right to have his or her affairs handled
impartially, fairly and within a
reasonable time by the Institutions, bodies and agencies of the Union.
2.
This right includes:
(a)
the right of every person to be heard, before any individual measure
which would affect
him or her adversely is taken;
(b)
the right of every person to have access to his or her file, while
respecting the legitimate
interests of confidentiality and of professional and business secrecy;
(c)
the obligation of the administration to give reasons for its decisions.
3.
Every person has the right to have the Union make good any damage
caused by its Institutions
or by its servants in the performance of their duties, in accordance
with the general principles
common to the laws of the Member States.
4.
Every person may write to the Institutions of the Union in one of the
languages of
the Constitution and must have an answer in the same language.
Article II-42: Right of access to documents
Any citizen of the Union, and any natural or legal person residing or
having its registered office in a Member State, has a right of access
to documents of the Institutions,
bodies and agencies of
the Union, in whatever form they are produced.
Article II-43: European Ombudsman
Any citizen of the Union and any natural or legal person residing or
having its registered office in a
Member State has the right to refer to the European Ombudsman cases of
maladministration in the
activities of the Institutions, bodies or agencies of the Union, with
the exception of the European
Court of Justice and the High Court acting in their judicial role.
Article II-44: Right to petition
Any citizen of the Union and any natural or legal person residing or
having its registered office in a Member State has the right to
petition the European Parliament.
Article II-45: Freedom of movement and of residence
1.
Every citizen of the Union has the right to move and reside freely
within the territory of the
Member States.
2.
Freedom of movement and residence may be granted, in accordance with
the Constitution, to
nationals of third countries legally resident in the territory of a
Member State.
Article II-46: Diplomatic and consular protection
Every citizen of the Union shall, in the territory of a third country
in which the Member State of
which he or she is a national is not represented, be entitled to
protection by the diplomatic or
consular authorities of any Member State, on the same conditions as the
nationals of that
Member State.
TITLE VI: JUSTICE
Article II-47: Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union
are violated has the right
to an effective remedy before a tribunal in compliance with the
conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable
time by an independent and
impartial tribunal previously established by law. Everyone shall have
the possibility of being
advised, defended and represented.
Legal aid shall be made available to those who lack sufficient
resources insofar as such aid is
necessary to ensure effective access to justice.
Article II-48: Presumption of innocence and right of defence
1.
Everyone who has been charged shall be presumed innocent until proved
guilty according to
law.
2.
Respect for the rights of the defence of anyone who has been charged
shall be guaranteed.
Article II-49: Principles of legality and proportionality of
criminal offences and penalties
1.
No one shall be held guilty of any criminal offence on account of any
act or omission which
did not constitute a criminal offence under national law or
international law at the time when
it was committed. Nor shall a heavier penalty be imposed than that
which was applicable at
the time the criminal offence was committed. If, subsequent to the
commission of a criminal
offence, the law provides for a lighter penalty, that penalty shall be
applicable.
2.
This Article shall not prejudice the trial and punishment of any person
for any act or omission
which, at the time when it was committed, was criminal according to the
general principles
recognised by the community of nations.
3.
The severity of penalties must not be disproportionate to the criminal
offence.
Article II-50: Right not to be tried or punished twice in criminal
proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal
proceedings for an offence for which he or she has already been finally
acquitted or convicted within the
Union in accordance with the
law.
TITLE VII: GENERAL PROVISIONS GOVERNING THE
INTERPRETATION AND APPLICATION OF THE CHARTER
Article II-51: Field of application
1.
The provisions of this Charter are addressed to the Institutions,
bodies and agencies of the
Union with due regard for the principle of subsidiarity and to the
Member States only when
they are implementing Union law. They shall therefore respect the
rights, observe the
principles and promote the application thereof in accordance with their
respective powers and
respecting the limits of the powers of the Union as conferred on it in
the other Parts of the
Constitution.
2.
This Charter does not extend the field of application of Union law
beyond the powers of
the Union or establish any new power or task for the Union, or modify
powers and tasks
defined in the other Parts of the Constitution.
Article II-52: Scope and interpretation of rights and principles
1.
Any limitation on the exercise of the rights and freedoms recognised by
this Charter must be
provided for by law and respect the essence of those rights and
freedoms. Subject to the
principle of proportionality, limitations may be made only if they are
necessary and genuinely
meet objectives of general interest recognised by the Union or the need
to protect the rights
and freedoms of others.
2.
Rights recognised by this Charter for which provision is made in other
Parts of the
Constitution shall be exercised under the conditions and within the
limits defined by these
relevant Parts
3.
Insofar as this Charter contains rights which correspond to rights
guaranteed by the
Convention for the Protection of Human Rights and Fundamental Freedoms,
the meaning and
scope of those rights shall be the same as those laid down by the said
Convention. This
provision shall not prevent Union law providing more extensive
protection.
4.
Insofar as this Charter recognises fundamental rights as they result
from the constitutional
traditions common to the Member States, those rights shall be
interpreted in harmony with
those traditions.
5.
The provisions of this Charter which contain principles may be
implemented by legislative
and executive acts taken by Institutions and bodies of the Union, and
by acts of Member
States when they are implementing Union law, in the exercise of their
respective powers.
They shall be judicially cognisable only in the interpretation of such
acts and in the ruling on
their legality.
6.
Full account shall be taken of national laws and practices as specified
in this Charter.
Article II-53: Level of protection
Nothing in this Charter shall be interpreted as restricting or
adversely affecting human rights and
fundamental freedoms as recognised, in their respective fields of
application, by Union law and
international law and by international agreements to which the Union or
all the Member States
are party, including the European Convention for the Protection of
Human Rights and Fundamental Freedoms, and by the Member States'
constitutions.
Article II-54: Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to
engage in any activity or to
perform any act aimed at the destruction of any of the rights and
freedoms recognised in this
Charter or at their limitation to a greater extent than is provided for
herein.
PART III THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I CLAUSES OF GENERAL APPLICATION
Article III-1
The Union shall ensure consistency between the different policies and
activities referred to in this
Part, taking all of the Union's objectives into account and in
accordance with the principle of
conferring of powers.
Article III-2
In all the activities referred to in this Part, the Union shall aim to
eliminate inequalities, and to promote equality, between men and women.
Article III-3
In defining and implementing the policies and activities referred to in
this Part, the Union shall aim to combat discrimination based on sex,
racial or ethnic origin,
religion or belief, disability, age or sexual orientation.
Article III-4
Environmental protection requirements must be integrated into the
definition and implementation of
the Union policies and activities referred to in this Part, in
particular with a view to promoting
sustainable development.
Article III-5
Consumer protection requirements shall be taken into account in
defining and implementing other
Union policies and activities.
Article III-6
Without prejudice to Articles III-55, III-56 and III-136, and given the
place occupied by services of general economic interest as services to
which all in the Union
attribute value as well as their role in promoting social and
territorial cohesion, the Union and the Member
States, each within their respective powers and within the scope of
application of the
Constitution, shall take care that such services operate on the basis
of principles and conditions, in
particular economic and financial, which enable them to fulfil their
missions. European laws shall define
these principles and conditions.
TITLE II NON-DISCRIMINATION AND CITIZENSHIP
Article III-7
European laws or framework laws maylay down rules to prohibit
discrimination on grounds of
nationality as referred to in Article I-4.
Article III-8
1.
Without prejudice to the other provisions of the Constitution and
within the limits of the
powers conferred by it upon the Union, a European law or framework law
of the Council of
Ministers may establish the measures needed to combat discrimination
based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation. The
Council of Ministers shall act
unanimously after obtaining the consent of the European Parliament.
2.
European laws or framework laws may establish basic principles for
Union incentive
measures and define such incentive measures, to support action taken by
Member States, excluding
any harmonisation of their laws and regulations.
Article III-9
1.
If action by the Union should prove necessary to facilitate the
exercise of the right, referred to
in Article I-8, of every Union citizen to move and reside freely and
the Constitution has not
provided the necessary powers, European laws or framework laws may
establish measures for that
purpose.
2.
For the same purpose and unless the Constitution has provided for
powers of action in this
area, measures concerning passports, identity cards, residence permits
or any other such document
and measures concerning social security or social protection may be
laid down by a Europeanlaw
orframeworklaw of the Council of Ministers. The
Council of Ministers shall act unanimously after
consulting the European Parliament.
Article III-10
A European law or framework law of the Council of Ministers shall
determine the detailed
arrangements for exercising the right, referred to in Article I-8, for
every Union citizen to vote and to stand as a candidate in municipal
elections and elections to the
European Parliament in their Member State of residence without being a
national of that State. The
Council of Ministers shall act unanimously after consulting the
European Parliament. These
arrangements may provide for
derogations where warranted by problems specific to a Member State. The
right to vote and to stand as a candidate in elections to the
European Parliament shall be exercised without prejudice to Article
III-232(2) and the measures
adopted for its implementation.
Article III-11
Member States shall adopt the necessary provisions to secure diplomatic
and consular protection of
citizens of the Union in third countries, as referred to in Article I-8.
A EuropeanlawoftheCouncilof
Ministers may establish the measures necessary to facilitate such
protection. The Council of Ministers shall act after consulting the
European Parliament.
Article III-12
The languages in which every citizen of the Union has the right to
address the institutions or
advisory bodies under Article I-8, and to have an answer, are those
listed in Article IV. The
institutions and advisory bodies referred to in this Article are those
listed in Articles I-18(2), I-30 andI-31 and also theEuropeanOmbudsman.
Article III-13
The Commission shall report to the European Parliament, to the Council
of Ministers and to the
Economic and Social Committee every three years on the application of
the provisions of
Article I-8 and of this Title. This report shall take account of the
development of the Union.
On this basis, and without prejudice to the other provisions of the
Constitution, a European law or
framework law of the Council of Ministers may add to the rights laid
down in Article I-8. The
Council of Ministers shall act unanimously after obtaining the consent
of the European Parliament.
The law or framework law concerned shall not enter into force until it
is approved by the Member
States in accordance with their respective constitutional requirements.
TITLE III. INTERNAL POLICIES AND ACTION
CHAPTER I. INTERNAL MARKET
SECTION 1. ESTABLISHMENT OF THE
INTERNAL MARKET
Article III-14
1.
The Union shall adopt measures with the aim of establishing the
internal market,
in accordance with this Article, Article III-15, Article III-26(1) and
Articles III-29, III-39, III-62, III-65 and III-143 and without
prejudice to the other provisions of the
Constitution.
2.
The internal market shall comprise an area without internal frontiers
in which the free movement of goods, persons, services and capital is
ensured in
accordance with the Constitution.
3.
The Council of Ministers, on a proposal from the Commission, shall
adopt European regulations and decisions determining the guidelines and
conditions
necessary to ensure balanced progress in all the sectors concerned.
Article III-15
When drawing up its proposals with a view to achieving the objectives
set out in Article III-14, the Commission shall take into account the
extent of the effort that
certain economies showing
differences in development will have to sustain for the establishment
of the internal market and it
may propose appropriate measures.
If these measures take the form of derogations, they must be of a
temporary nature and must cause
the least possible disturbance to the functioning of the internal
market.
Article III-16
Member States shall consult each other with a view to taking together
the steps needed to prevent
the functioning of the internal market being affected by steps which a
Member State may be called
upon to take in the event of serious internal disturbances affecting
the maintenance of law and
order, in the event of war, serious international tension constituting
a threat of war, or in order to carry out obligations it has accepted
for the purpose of maintaining
peace and international security.
Article III-17
If steps taken in the circumstances referred to in Articles III-6 and
III-34 have the effect of
distorting the conditions of competition in the internal market, the
Commission shall, together with the State concerned, examine how these
steps can be adjusted to the
rules laid down in the
Constitution.
By way of derogation from the procedure laid down in Articles III-265
and III-266, the Commission
or any Member State may bring the matter directly before the Court of
Justice if it considers that
another Member State is making improper use of the powers provided for
in Articles III-6 and
III-34. The Court of Justice shall give its ruling in camera.
SECTION 2. FREE MOVEMENT OF PERSONS
AND SERVICES
Subsection 1. Workers
Article III-18
1.
Workers shall have the right to move freely within the Union.
2.
Any discrimination based on nationality between workers of the Member
States as regards employment, remuneration and other conditions of work
and employment
shall be prohibited.
3.
Workers shall have the right, subject to limitations justified on
grounds of public policy, public security or public health:
(a)
to accept offers of employment actually made;
(b)
to move freely within the territory of Member States for this purpose;
(c)
to stay in a Member State for the purpose of employment in accordance
with the provisions governing the employment of nationals of that State
laid down by law,
regulation or administrative action;
(d)
to remain in the territory of a Member State after having been employed
in that State, subject to conditions which shall be embodied in
European regulations
adopted by the
Commission.
4.
This Article shall not apply to employment in the public service.
Article III-19
European laws or framework laws shall establish the measures needed to
bring about freedom of
movement for workers, as defined in Article III-18. They shall be
adopted after consultation of the
Economic and Social Committee. Such European laws or framework laws
shall aim, in particular, to:
(a)
ensure close cooperation between national employment services;
(b)
abolishthose administrative procedures and practices and those
qualifying periods in respect
of eligibility for available employment, whether resulting from
national legislation or from
agreements previously concluded between Member States, the maintenance
of which would
form an obstacle to liberalisation of the movement of workers;
(c)
abolishall such qualifying periods and other restrictions
provided for either under national
legislation or under agreements previously concluded between Member
States as impose on
workers of other Member States conditions regarding the free choice of
employment other
than those imposed on workers of the State concerned;
(d)
set upappropriate machinery to bring offers of employment into
touch with applications for
employment and to facilitate the achievement of a balance between
supply and demand in the
employment market in such a way as to avoid serious threats to the
standard of living and
level of employment in the various regions and industries.
Article III-20
Member States shall, within the framework of a joint programme,
encourage the exchange of young
workers.
Article III-21
In the field of social security, European laws or framework laws shall
establish such measures as
are necessary to bring about freedom of movement for workers by
introducing a system to secure
for employed and self-employedmigrant workers and their
dependants:
(a)
aggregation, for the purpose of acquiring and retaining the right to
benefit and of calculating
the amount of benefit, of all periods taken into account under the laws
of the several
countries;
(b)
payment of benefits to persons resident in the territories of Member
States.
Subsection 2. Freedom of establishment
Article III-22
Within the framework of this Subsection, restrictions on the freedom of
establishment of nationals
of a Member State in the territory of another Member State shall be
prohibited. Such prohibition
shall also apply to restrictions on the setting-up of agencies,
branches or subsidiaries by nationals of any Member State established
in the territory of any Member State.
Nationals of a Member State shall have the right, in the territory of
another Member State, to
take up and pursueactivities as self-employed persons and to
set up and manage undertakings,
in particular companies or firms within the meaning of the second
paragraph of Article III-27, under the conditions laid down for its own
nationals by the law of the Member
Statewhere such
establishment is effected, subject to the provisions of the Section
relating to capital.
Article III-23
1.
European framework laws shall establish measures in order to attain
freedom of establishment
as regards a particular activity. They shall be adopted after
consultation of the Economic and Social Committee.
2.
The European Parliament, the Council of Ministers and the Commission
shall carry out the
duties devolving upon them under paragraph 1, in particular:
(a)
by according, as a general rule, priority treatment to activities where
freedom of establishment
makes a particularly valuable contribution to the development of
production and trade;
(b)
by ensuring close cooperation between the competent authorities in the
Member States in
order to ascertain the particular situation within the Union of the
various activities concerned;
(c)
by abolishing those administrative procedures and practices, whether
resulting from national
legislation or from agreements previously concluded between Member
States, the
maintenance of which would form an obstacle to freedom of establishment;
(d)
by ensuring that workers from one Member State employed in the
territory of another
Member State may remain in that territory for the purpose of taking up
activities therein as
self-employed persons, where they satisfy the conditions which they
would be required to
satisfy if they were entering that State at the time when they intended
to take up such
activities;
(e)
by enabling a national of one Member State to acquire and use land and
buildings situated in
the territory of another Member State, insofar as this does not
conflict with the principles
laid down in Article III-123(2);
(f)
by effecting the progressive abolition of restrictions on freedom of
establishment in every
branch of activity under consideration, both as regards the conditions
for setting up agencies,
branches or subsidiaries in the territory of a Member State and as
regards the conditions
governing the entry of personnel belonging to the main establishment
into managerial or
supervisory posts in such agencies, branches or subsidiaries;
(g)
by coordinating to the necessary extent the safeguards which, for the
protection of the
interests of members and others, are required by Member States of
companies or firms within
the meaning of the second paragraph of Article III-27 with a view to
making such safeguards
equivalent throughout the Union;
(h)
by satisfying themselves that the conditions of establishment are not
distorted by aids granted
by Member States.
Article III-24
This Subsection shall not apply, so far as any given Member State is
concerned, to activities which
in that State are connected, even occasionally, with the exercise of
official authority.
European laws or framework laws may exempt certain activities from
application of this
Subsection.
Article III-25
1.
This Subsection and measures adopted in pursuance thereof shall not
prejudice the
applicability of provisions laid down by law, regulation or
administrative action in Member States
providing for special treatment for foreign nationals on grounds of
public policy, public security or
public health.
2.
European framework laws shall coordinate the national provisions
referred to in paragraph 1.
Article III-26
1.
European framework laws shall make it easier for persons to take up and
pursue activities as
self-employed persons. It shall cover:
(a)
the mutual recognition of diplomas, certificates and other evidence of
formal qualifications;
(b)
the coordination of the provisions laid down by law, regulation or
administrative action in
Member States concerning the taking-up and pursuit of activities as
self-employed persons.
2.
In the case of the medical and allied and pharmaceutical professions,
the progressive abolition
of restrictions shall be dependent upon coordination of the conditions
for their exercise in the
various Member States.
Article III-27
Companies or firms formed in accordance with the law of a Member State
and having their
registered office, central administration or principal place of
business within the Unionshall, for the purposes of this
Subsection, be treated in the same way as natural
persons who are nationals of Member States.
"Companies or firms" means companies or firms constituted under civil
or commercial law,
including cooperative societies, and other legal persons governed by
public or private law, save for those which are non-profit-making.
Article III-28
Member States shall accord nationals of the other Member States the
same treatment as their own
nationals as regards participation in the capital of companies or firms
within the meaning of
Article III-27, without prejudice to the application of the other
provisions of the Constitution.
Subsection 3. Freedom to provide
services
Article III-29
Within the framework of this Subsection,restrictions on
freedom to provide services within
the Union shall be prohibited in respect of nationals of Member States
who are established in a
MemberState other than that of the person for whom the
services are intended.
European laws or framework lawsmay extend thisSubsection
to nationals of a third country who
provide services and who are established within the Union.
Article III-30
Services shall be considered to be "services" within the meaning of the
Constitutionwhere they are
normally provided for remuneration, insofar as they are not governed by
the provisions relating to
freedom of movement for goods, capital and persons.
"Services" shall in particular include:
(a)
activities of an industrial character;
(b)
activities of a commercial character;
(c)
activities of craftsmen;
(d)
activities of the professions.
Without prejudice to the Subsection relating to the right of
establishment, the person providing a
service may, in order to do so, temporarily pursue his or her activity
in the MemberState where the
service is provided, under the same conditions as are imposed by that
State on its own nationals.
Article III-31
1.
Freedom to provide services in the field of transport shall be governed
by the Section relating
to transport.
2.
The liberalisation of banking and insurance services connected with
movements of capital shall be effected in step with the liberalisation
of movement of
capital.
Article III-32
1.
A European framework law shall establish the measures in order to
achieve the liberalisation
of a specific service. It shall be adopted after consultation of the
Economic and Social Committee.
2.
As regards the European framework law referred to in paragraph 1,
priority shall as a general
rule be given to those services which directly affect production costs
or the liberalisation of which
helps to promote trade in goods.
Article III-33
The Member States declare their readiness to undertake the
liberalisation of services beyond the
extent required by the European framework law adopted pursuant to
Article III-32(1), if their
general economic situation and the situation of the economic sector
concerned so permit.
To this end, the Commission shall make recommendations to the Member
States concerned.
Article III-34
As long as restrictions on freedom to provide services have not been
abolished, each Member State
shall apply such restrictions without distinction on grounds of
nationality or of residence to all
persons providing services within the meaning of the first paragraph of
Article III-29.
Article III-35
Articles III-24 to III-27 shall apply to the matters covered by this
Subsection.
SECTION 3. FREE MOVEMENT OF GOODS
Subsection 1. Customs union
Article III-36
1.
The Unionshall comprisea customs union which shall
cover all trade in goods and which
shall involve the prohibition between Member States of customs duties
on imports and exports and
of all charges having equivalent effect, and the adoption of a common
customs tariff in their
relations with third countries.
2.
Article III-38 and Subsection 3 of this Section shall apply to products
originating in
Member States and to products coming from third countries which are in
free circulation in
Member States.
Article III-37
Products coming from a third country shall be considered to be in free
circulation in a Member State if the import formalities have been
complied with and any
customs duties or charges
having equivalent effect which are payable have been levied in that
Member State, and if they have
not benefited from a total or partial drawback of such duties or
charges.
Article III-38
Customs duties on imports and exports and charges having equivalent
effect shall be prohibited
between Member States. This prohibition shall also apply to customs
duties of a fiscal nature.
Article III-39
The Council of Ministers, on a proposal from the Commission, shall
adopt the European regulations
and decisions fixing Common Customs Tariff duties.
Article III-40
In carrying out the tasks entrusted to it under this Subsection the
Commission shall be guided by:
(a)
the need to promote trade between Member States and third countries;
(b)
developments in conditions of competition within the Unioninsofar
as they lead to an
improvement in the competitive capacity of undertakings;
(c)
the requirements of the Unionas regards the supply of raw
materials and semi-finished goods;
in this connection the Commission shall take care to avoid distorting
conditions of competition between Member States in respect of finished
goods;
(d)
the need to avoid serious disturbances in the economies of Member
States and to ensure
rational development of production and an expansion of consumption
within the Union.
Subsection 2. Customs cooperation
Article III-41
Within the scope of application of the Constitution, European
laws or framework laws shall
establish measures in order to strengthen customs cooperation between
Member States and between
the latter and the Commission.
Subsection 3. Prohibition of
quantitative restrictions
Article III-42
Quantitative restrictions on imports and exportsand all
measures having equivalent effect shall be
prohibited between Member States.
Article III-43
Article III-42 shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public
security; the protection of health and life of humans, animals or
plants; the protection of national treasures
possessing artistic, historic or archaeological value; or the
protection of industrial and commercial
property. Such prohibitions or restrictions shall not, however,
constitute a means of arbitrary
discrimination or a disguised restriction on trade between Member
States.
Article III-44
1.
Member States shall adjust any State monopolies of a commercial
character so as to ensure that no discrimination regarding the
conditions under which goods are
procured and marketed exists
between nationals of Member States.
This Article shall apply to any body through which a Member State, in
law or in fact, either directly or indirectly supervises, determines or
appreciably influences imports
or exports between Member States. It shall likewise apply to monopolies
delegated by the State to
others.
2.
Member States shall refrain from any new step which is contrary to the
principles laid down
in paragraph 1 or which restricts the scope of the Articles dealing
with the prohibition of customs
duties and quantitative restrictions between Member States.
3.
If a State monopoly of a commercial character has rules which are
designed to make it easier
to dispose of agricultural products or obtain for them the best return,
steps should be taken in
applying this Article to ensure equivalent safeguards for the
employment and standard of living of
the producers concerned.
SECTION 4. CAPITAL AND PAYMENTS
Article III-45
Within the framework of this Section, restrictions bothon the
movement of capital and on payments
between Member States and between Member States and third countries
shall be prohibited.
Article III-46
1.
Article III-45 shall be without prejudice to the application to third
countries of any restrictions
which existed on 31 December 1993 under national or Union law adopted
in respect of the movement of capital to or from third countries
involving direct
investment including in real estate, establishment, the provision
of financial services or the
admission of securities to capital markets.
2.
European laws or framework laws shall enact measures on the movement of
capital to or from
third countries involving direct investment including investment
in real estate , establishment,
the provision of financial services or the admission of securities to
capital markets.
The European Parliament and the Council of Ministers shall endeavour to
achieve the objective of
free movement of capital between Member States and third countries to
the greatest extent possible
and without prejudice to other provisions of the Constitution.
3.
Notwithstanding paragraph 2, only a European law or framework law of
the Council of Ministers may enact measures which constitute a step
back in Union law
as regards the liberalisation of the movement of capital to or from
third countries.
The Council of Ministers shall act unanimously after consulting the
European Parliament.
Article III-47
1.
Article III-45 shall be without prejudice to the right of Member States:
(a)
to apply the relevant provisions of their tax law which distinguish
between taxpayers who are
not in the same situation with regard to their place of residence or
with regard to the place
where their capital is invested;
(b)
to take all requisite steps to prevent infringements of national
provisions laid down by law or
regulation,in particular in the field of taxation and the
prudential supervision of financial
institutions, or to lay down procedures for the declaration of capital
movements for purposes
of administrative or statistical information, or to take steps which
are justified on grounds of
public policy or public security.
2.
This Section shall be without prejudice to the applicability of
restrictions on the right of
establishment which are compatible with the Constitution.
3.
The steps and procedures referred to in paragraphs 1 and 2 shall not
constitute a means of
arbitrary discrimination or a disguised restriction on the free
movement of capital and payments as
defined in Article III-45.
Article III-48
Where, in exceptional circumstances, movements of capital to or from
third countries cause, or
threaten to cause, serious difficulties for the operation of economic
and monetary union, the Council of Ministers, on a proposal from the
Commission, may adopt European
regulations or decisions introducing safeguard measures with regard to
third countries for a
period not exceeding six months if such measures are strictly
necessary. It shall act after consulting
the European Central Bank.
Article III-49
Where necessary to achieve the objectives set out in Article III-158,
in particular as regards
prevention of and fight against organised crime, terrorism and
trafficking in human beings,
European laws may define a framework for measures with regard to
capital movements and
payments, such as the freezing of funds, financial assets or economic
gains belonging to, or owned
or held by, natural or legal persons, groups or non-state entities.
The Council of Ministers, on a proposal from the Commission,shall
adopt European regulations or
European decisions in order to implement the laws referred to in the
first paragraph.
SECTION 5 RULES ON COMPETITION
Subsection 1. Rules applying to
undertakings
Article III-50
1.
The following shall be prohibited as incompatible with the internal
market: all agreements
between undertakings, decisions by associations of undertakings and
concerted practices which may
affect trade between Member States and which have as their object or
effect the prevention,
restriction or distortion of competition within the internal market,
and in particular those which:
(a)
directly or indirectly fix purchase or selling prices or any other
trading conditions;
(b)
limit or control production, markets, technical development, or
investment;
(c)
share markets or sources of supply;
(d)
apply dissimilar conditions to equivalent transactions with other
trading parties, thereby
placing them at a competitive disadvantage;
(e)
make the conclusion of contracts subject to acceptance by the other
parties of supplementary
obligations which, by their nature or according to commercial usage,
have no connection with
the subject of such contracts.
2.
Any agreements or decisions prohibited pursuant to this Article shall
be automatically void.
3.
Paragraph 1 may, however, be declared inapplicable in the case of:
any agreement or category of agreements between undertakings;
any decision or category of decisions by associations of undertakings;
any concerted practice or category of concerted practices,
which contributes to improving the production or distribution of goods
or to promoting
technical or economic progress, while allowing consumers a fair share
of the resulting benefit,
and which does not:
(a)
impose on the undertakings concerned restrictions which are not
indispensable to the
attainment of these objectives;
(b)
afford such undertakings the possibility of eliminating competition in
respect of a substantial part of the products in question.
Article III-51
Any abuse by one or more undertakings of a dominant position within the
internal market or in a
substantial part of it shall be prohibited as incompatible with the
internal market insofar as it may affect trade between Member States.
Such abuse may, in particular, consist in:
(a)
directly or indirectly imposing unfair purchase or selling prices or
other unfair trading
conditions;
(b)
limiting production, markets or technical development to the prejudice
of consumers;
(c)
applying dissimilar conditions to equivalent transactions with other
trading parties, thereby
placing them at a competitive disadvantage;
(d)
making the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or
according to
commercial usage, have no connection with the subject of such contracts.
Article III-52
1.
The Council of Ministers, on a proposal from the Commission, shall
adopt the European
regulations to give effect to the principles set out in Articles III-50
and III-51. It shall act after consulting the European Parliament.
2.
The European regulations referred to in paragraph 1 shall be designed
in particular:
(a)
to ensure compliance with the prohibitions laid down in Article
III-50(1) and in Article III-51
by making provision for fines and periodic penalty payments;
(b)
to lay down detailed rules for the application of Article III-50(3),
taking into account the need
to ensure effective supervision on the one hand, and to simplify
administration to the greatest
possible extent on the other;
(c)
to define, if need be, in the various branches of the economy, the
scope of the provisions of
Articles III-50 and III-51;
(d)
to define the respective functions of the Commission and of the Court
of Justice in applying
the provisions laid down in this paragraph;
(e)
to determine the relationship between national laws and this Section or
the European
regulations adopted pursuant to this Article.
Article III-53
Until the entry into force of the European regulations adopted pursuant
to Article III-52, the
authorities in Member States shall rule on the admissibility of
agreements, decisions and concerted
practices and on abuse of a dominant position in the internal market in
accordance with their
internal law and Articles III-50, in particular paragraph 3, and
Article III-51.
Article III-54
1.
Without prejudice to Article III-53, the Commission shall ensure the
application of the
principles laid down in Articles III-50 and III-51. On application by a
Member State or on its own
initiative, and in cooperation with the competent authorities in the
Member States, which shall give it their assistance, the Commission
shall investigate cases of
suspected infringement of these
principles. If it finds that there has been an infringement, it shall
propose appropriate measures to bring it to an end.
2.
If the infringement is not brought to an end, the Commission shall
adopt a reasoned European
decision recording the infringement of the principles. The Commission
may publish its decision
and authorise Member States to take the steps, the conditions and
details of which it shall
determine, needed to remedy the situation.
3.
The Commission may adopt European regulations relating to the
categories of agreement in
respect of which the Council of Ministers has acted pursuant to Article
III-52(2)(b).
Article III-55
1.
In the case of public undertakings and undertakings to which Member
States grant special or
exclusive rights, Member States shall neither enact nor maintain in
force any provision contrary to
the provisions of the Constitution, in particular Article I-4(2) and
Articles III-55 to III-58.
2.
Undertakings entrusted with the operation of services of general
economic interest or having
the character of a revenue-producing monopoly shall be subject to the
provisions of the
Constitution, in particular to the rules on competition, insofar as the
application of such rules does not obstruct the performance, in law or
in fact, of the particular
tasks assigned to them. The
development of trade must not be affected to such an extent as would be
contrary to the Union's
interests.
3.
The Commission shall ensure the application of this Article and shall,
where necessary, adopt
appropriate European regulations or decisions.
Subsection 2. Aids granted by Member
States
Article III-56
1.
Save as otherwise provided in the Constitution, any aid granted by a
Member State or through
State resources in any form whatsoever which distorts or threatens to
distort competition by
favouring certain undertakings or the production of certain goods
shall, insofar as it affects trade
between Member States, be incompatible with the internal market.
2.
The following shall be compatible with the internal market:
(a)
aid having a social character, granted to individual consumers,
provided that such aid is
granted without discrimination related to the origin of the products
concerned;
(b)
aid to make good the damage caused by natural disasters or exceptional
occurrences;
(c)
aid granted to the economy of certain areas of the Federal Republic of
Germany affected by
the division of Germany, insofar as such aid is required in order to
compensate for the
economic disadvantages caused by that division.
3.
The following may be considered to be compatible with the internal
market:
(a)
aid to promote the economic development of areas where the standard of
living is abnormally
low or where there is serious underemployment;
(b)
aid to promote the execution of an important project of common European
interest or to
remedy a serious disturbance in the economy of a Member State;
(c)
aid to facilitate the development of certain economic activities or of
certain economic areas,
where such aid does not adversely affect trading conditions to an
extent contrary to the
common interest;
(d)
aid to promote culture and heritage conservation where such aid does
not affect trading
conditions and competition in the Union to an extent that is contrary
to the common interest;
(e)
such other categories of aid as may be specified by European
regulations or decisionsadopted
by the Council of Ministers ona proposal from the Commission.
Article III-57
1.
The Commission, in cooperation with Member States, shall keep under
constant review all
systems of aid existing in those States. It shall propose to the latter
any appropriate measures
required by the progressive development or by the functioning of the
internal market.
2.
If, after giving notice to the parties concerned to submit their
comments, the Commission
finds that aid granted by a Member State or through State resources is
not compatible with the
internal market having regard to Article III-56, or that such aid is
being misused, it shall adopt a European decision requiring the State
concerned to abolish or alter
such aid within a period of time to be determined by the Commission.
If the State concerned does not comply with this European decision
within the prescribed time, the
Commission or any other interested Member State may, in derogation from
Articles III-265
and III-266, refer the matter to the Court of Justice direct.
On application by a Member State, the Council of Ministers may adopt
unanimously a European
decision that aid which that State is granting or intends to grant
shall be considered to be compatible with the internal market, in
derogation from Article III-56 or from
European regulations provided for in Article III-58, if such a decision
is justified by exceptional
circumstances. If, as regards the aid in question, the Commission has
already initiated the procedure
provided for in the first subparagraph of this paragraph, the fact that
the State concerned has
made its application to the Council of Ministers shall have the effect
of suspending that procedure
until the Council of Ministers has made its attitude known.
If, however, the Council of Ministers has not made its attitude known
within three months of the
said application being made, the Commission shall act.
3.
The Commission shall be informed by the Member States, in sufficient
time to enable it to
submit its comments, of any plans to grant or alter aid. If it
considers that any such plan is not
compatible with the internal market having regard to Article III-56, it
shall without delay initiate the
procedure provided for in paragraph 2. The Member State concerned shall
not put its
proposed measures into effect until this procedure has resulted in a
final decision.
4.
The Commission may adopt European regulations relating to the
categories of State aid that
the Council of Ministers has, pursuant to Article III-58, determined
may be exempted from the
procedure provided for by paragraph 3.
Article III-58
The Council of Ministers, on a proposal from the Commission, may adopt
European regulations for
the application of Articles III-56 and III-57 and for determining in
particular the conditions in
which Article III-57(3) shall apply and the categories of aid exempted
from this procedure. It shall act after consulting the European
Parliament.
SECTION 6. FISCAL PROVISIONS
Article III-59
No Member State shall impose, directly or indirectly, on the products
of other Member States any
internal taxation of any kind in excess of that imposed directly or
indirectly on similar domestic
products.
Furthermore, no Member State shall impose on the products of other
Member States any internal
taxation of such a nature as to afford indirect protection to other
products.
Article III-60
Where products are exported by a Member State to the territory of
another Member State, any
repayment of internal taxation shall not exceed the internal taxation
imposed on them whether
directly or indirectly.
Article III-61
In the case of charges other than turnover taxes, excise duties and
other forms of indirect taxation, remissions and repayments in respect
of exports to other Member States
may not be granted and countervailing charges in respect of imports
from Member States may not
be imposed unless the
provisions contemplated have been previously approved for a limited
period by a European decision
adopted by the Council of Ministers on a proposal from the Commission.
Article III-62
1.
A European law or framework law of the Council of Ministers shall lay
down measures for
the harmonisation of legislation concerning turnover taxes, excise
duties and other forms of indirect
taxation provided that such harmonisation is necessary for the
functioning of the internal market
and to avoid distortion of competition. The Council of Ministers shall
act unanimously after
consulting the European Parliament and the Economic and Social
Committee.
2.
Where the Council of Ministers, acting unanimously on a proposal from
the Commission,
finds that the measures referred to in paragraph 1 relate to
administrative cooperation or to
combating tax fraud and tax evasion, it shall act, notwithstanding
paragraph 1, by a qualified
majority when adopting the European law or framework law adopting these
measures.
Article III-63
Where the Council of Ministers, acting unanimously on a proposal from
the Commission, finds that
measures on company taxation relate to administrative cooperation or
combating tax fraud and tax
evasion, it shall adopt, by a qualified majority, a European law or
framework law laying down these
measures, provided that they are necessary for the functioning of the
internal market and to avoid
distortion of competition.
That law or framework law shall be adopted after consultation of the
European Parliament and the
Economic and Social Committee.
SECTION 7. APPROXIMATION OF LEGISLATION
Article III-64
Without prejudice to Article III-65, a European framework law of the
Council of Ministers shall
establishmeasuresfortheapproximation
of such laws, regulations or administrative provisions of
the Member States as directly affect the establishment or functioning
of the internal market. The
Council of Ministers shall act unanimously after consulting the
European Parliament and the
Economic and Social Committee.
Article III-65
1.
Save where otherwise provided in the Constitution, this Article shall
apply for the
achievement of the objectives set out in Article III-14. European laws
or framework laws shall
establishmeasuresfortheapproximation
of the provisions laid down by law, regulation or
administrative action in Member States which have as their object the
establishment and
functioning of the internal market. Such laws shall be adopted after
consultation of the Economic
and Social Committee.
2.
Paragraph 1 shall not apply to fiscal provisions, to those relating to
the free movement of
persons or to those relating to the rights and interests of employed
persons.
3.
The Commission, in its proposals submitted underparagraph 1
concerning health, safety,
environmental protection and consumer protection, will take as a base a
high level of protection,
taking account in particular of any new development based on scientific
facts. Within their
respective powers, the European Parliament and the Council of Ministers
will also seek to achieve
this objective.
4.
If, after the adoption of a harmonisation measure by means of a
European law, framework law
or regulation of the Commission, a Member State deems it necessary to
maintain national
provisions on grounds of major needs referred to in Article III-43, or
relating to the protection of the
environment or the working environment, it shall notify the Commission
of these provisions as well
as the grounds for maintaining them.
5.
Moreover, without prejudice to paragraph 4, if, after the adoption of a
harmonisation measure
by means of a European law, framework law or regulation of the
Commission, a Member State
deems it necessary to introduce national provisions based on new
scientific evidence relating to the protection of the environment or
the working environment on grounds of
a problem specific to that Member State arising after the adoption of
the harmonisation measure,
it shall notify the
Commission of the envisaged provisions and the reasons for them.
6.
The Commission shall, within six months of the notifications referred
to in paragraphs 4
and 5, adopt a European decision approving or rejecting the national
provisions involved after
having verified whether or not they are a means of arbitrary
discrimination or a disguised restriction on trade between Member
States and whether or not they constitute an
obstacle to the functioning of the internal market.
In the absence of a decision by the Commission within this period the
national provisions
referred to in paragraphs 4 and 5 shall be deemed to have been approved.
When justified by the complexity of the matter and in the absence of
danger for human health, the
Commission may notify the Member State concerned that the period
referred to in this paragraph
may be extended for a further period of up to six months.
7.
When, pursuant to paragraph 6, a Member State is authorised to maintain
or introduce
national provisions derogating from a harmonisation measure, the
Commission shall immediately
examine whether to propose an adaptation to that measure.
8.
When a Member State raises a specific problem on public health in a
field which has been the
subject of prior harmonisation measures, it shall bring it to the
attention of the Commission which
shall immediately examine whether to propose appropriate measures.
9.
By way of derogation from the procedure laid down in Articles III-265
and III-266, the
Commission and any Member State may bring the matter directly before
the Court of Justice if it
considers that another Member State is making improper use of the
powers provided for in this
Article.
10.
The harmonisation measures referred to in this Article shall, in
appropriate cases, include a
safeguard clause authorising the Member States to take, for one or more
of the non-economic
reasons referred to in Article III-43, provisional steps subject to a
Union control procedure.
Article III-66
Where the Commission finds that a difference between the provisions
laid down by law, regulation
or administrative action in Member States is distorting the conditions
of competition in the
internal market and that the resultant distortion needs to be
eliminated, it shall consult the Member States concerned.
If such consultation does not result in agreement,European
framework laws shall eliminatethe
distortion in question. Any other appropriate measures provided for in
the Constitution may be
adopted.
Article III-67
1.
Where there is a reason to fear that the adoption or amendment of a
national provision laid
down by law, regulation or administrative action may cause distortion
within the meaning of
Article III-66, a Member State desiring to proceed therewith shall
consult the Commission. After
consulting the Member States, the Commission shall address to the
Member States concerned a
recommendation on such measures as may be appropriate to avoid the
distortion in question.
2.
If a Member State desiring to introduce or amend its own provisions
does not comply with the
recommendation addressed to it by the Commission, other Member States
shall not be required,
pursuant to Article III-66, to amend their own provisions in order to
eliminate such distortion. If
the Member State which has ignored the recommendation of the Commission
causes distortion
detrimental only to itself, Article III-66 shall not apply.
Article III-68
In establishing an internal market, measures for the introduction of
European instruments to provide uniform intellectual-property rights
protection throughout the Union
and for the setting up of centralised Union-wide authorisation,
coordination and supervision
arrangements shall be
established in European laws or framework laws.
A European law of the Council of Ministers shall establish language
arrangements for the European
instruments. The Council of Ministers shall act unanimously after
consulting the European
Parliament.
CHAPTER II. ECONOMIC AND MONETARY POLICY
Article III-69
1.
For the purposes set out in Article I-3, the activities of the Member
States and the Union shall
include, as provided in the Constitution, the adoption of an economic
policy which is based on the
close coordination of Member States' economic policies, on the internal
market and on the
definition of common objectives, and conducted in accordance with the
principle of an open market
economy with free competition.
2.
Concurrently with the foregoing, and as provided in the Constitutionand in accordance with
the procedures set out therein, these activities shall include a single
currency, the euro, and the
definition and conduct of a single monetary policy and exchange-rate
policy, the primary objective
of both of which shall be to maintain price stability and, without
prejudice to this objective, to
support the general economic policies in the Union, in accordance with
the principle of an open
market economy with free competition.
3.
These activities of the Member States and the Unionshall
entail compliance with the
following guiding principles: stable prices, sound public finances and
monetary conditions and a
stable balance of payments.
SECTION 1. ECONOMIC POLICY
Article III-70
Member States shall conduct their economic policies in orderto
contribute to the achievement of
the Union'sobjectives, as defined in Article I-3, and in the
context of the broad guidelines referred to in Article III-71(2). The
Member States and the Unionshall
act in accordance with the principle of an open market economy with
free competition, favouring an efficient
allocation of resources, and in compliance with the principles set out
in Article III-69.
Article III-71
1.
Member States shall regard their economic policies as a matter of
common concern and shall
coordinate them within the Council of Ministers, in accordance with
Article III-70.
2.
The Council of Ministers, on a recommendation from the Commission,
shall formulate a draft
for the broad guidelines of the economic policies of the Member States
and of the Union, and shall
report its findings to the European Council.
The European Council, on the basis of the report from
the Council of Ministers, shall discuss a
conclusion on the broad guidelines of the economic policies of the
Member States and of the Union.
On the basis of this conclusion, the Council of Ministers shall adopt a
recommendation setting out
these broad guidelines. It shall inform the European Parliament of its
recommendation.
3.
In order to ensure closer coordination of economic policies and
sustained convergence of the
economic performances of the Member States, the Council of Ministers,
on the basis of reports
submitted by the Commission, shall monitor economic developments in
each of the Member States
and in the Union, as well as the consistency of economic policies with
the broad guidelines referred to in paragraph 2, and shall regularly
carry out an overall assessment.
For the purpose of this multilateral surveillance, Member States shall
forward information to the
Commission on important steps taken by them in the field of their
economic policy and such other
information as they deem necessary.
4.
Where it is established, under the procedure referred to in paragraph
3, that the economic
policies of a Member State are not consistent with the broad guidelines
referred to in paragraph 2
or that they risk jeopardising the proper functioning of economic and
monetary union, the
Commission may address a warning to the Member State concerned. The
Council of Ministers, on
a recommendation from the Commission, may address the necessary
recommendations to the
Member State concerned. The Council of Ministers, on a proposal from
the Commission, may
decide to make its recommendations public.
Within the scope of this paragraph, the Council of Ministers shall act
without taking into account
the vote of the representative of the Member State concerned, and a
qualified majority shall be
defined as the majority of the votes of the other Member States,
representing at least three fifths of their population.
5.
The President of the Council of Ministers and the Commission shall
report to the European
Parliament on the results of multilateral surveillance. The President
of the Council of Ministers
may be invited to appear before the competent committee of the European
Parliament if the Council
of Ministers has made its recommendations public.
6.
European laws may lay down detailed rules for the multilateral
surveillance procedure referred to in paragraphs 3 and 4.
Article III-72
1.
Without prejudice to any other procedures provided for by the
Constitution, the Council of
Ministers, on a proposal from the Commission, may adopt a European
decision laying down the
measures appropriate to the economic situation, in particular if severe
difficulties arise in the supply of certain products.
2.
Where a Member State is in difficulties or is seriously threatened with
severe difficulties
caused by natural disasters or exceptional occurrences beyond its
control, the Council of Ministers, on a proposal from the Commission,
may adopt a European decision
granting, under certain
conditions, Union financial assistance to the Member State concerned.
The President of the Council
of Ministers shall inform the European Parliament of the decision
adopted.
Article III-73 1.
Overdraft facilities or any other type of credit facility with the
European Central Bank or with
the central banks of the Member States (hereinafter referred to as
"national central banks") in favour
of Union institutions, bodies or agencies, central governments,
regional, local or other public
authorities, other bodies governed by public law, or public
undertakings of Member States shall be
prohibited, as shall the purchase directly from them by the European
Central Bank or national
central banks of debt instruments.
2.
Paragraph 1 shall not apply to publicly owned credit institutions
which, in the context of the
supply of reserves by central banks, shall be given the same treatment
by national central banks and the European Central Bank as private
credit institutions.
Article III-74
1.
Any measure or provision, not based on prudential considerations,
establishing privileged
access by Union institutions, bodies or agencies, central governments,
regional, local or other public authorities, other bodies governed by
public law, or public
undertakings of Member States to
financial institutions shall be prohibited. 2.
The Council of Ministers, on a proposal from the Commission, may adopt
European
regulations or decisions specifying definitions for the application of
the prohibition referred to in paragraph 1. It shall act after
consulting the European Parliament.
Article III-75
1.
The Union shall not be liable for or assume the commitments of central
governments, regional, local or other public authorities, other bodies
governed by
public law, or public undertakings of any Member State, without
prejudice to mutual financial
guarantees for the joint execution of a specific project. A Member
State shall not be liable for
or assume the commitments of central governments, regional, local or
other public authorities,
other bodies governed by public law, or public undertakings of another
Member State, without prejudice
to mutual financial guarantees for the joint execution of a specific
project. 2.
The Council of Ministers, on a proposal from the Commission, may adopt
European regulations or decisions specifying definitions for the
application of
the prohibitions referred to in Article III-73 and in this Article. It
shall act after consulting the
European Parliament.
Article III-76
1.
Member States shall avoid excessive government deficits.
2.
The Commission shall monitor the development of the budgetary situation
and of the stock of
government debt in the Member States in order to identify gross errors.
In particular it shall
examine compliance with budgetary discipline on the basis of the
following two criteria:
(a)
whether the ratio of the planned or actual government deficit to gross
domestic product exceeds a reference value, unless:
(i)
either the ratio has declined substantially and continuously and
reached a level that comes close to the reference value;
(ii)
or, alternatively, the excess over the reference value is only
exceptional and temporary and the ratio remains close to the reference
value;
(b)
whether the ratio of government debt to gross domestic product exceeds
a reference value, unless the ratio is diminishing sufficiently and
approaching the
reference value at a satisfactory pace. The reference values are
specified in the Protocol on the excessive
deficit procedure.
3.
If a Member State does not fulfil the requirements under one or both of
these criteria, the
Commission shall prepare a report. The report of the Commission shall
also take into account
whether the government deficit exceeds government investment
expenditure and take into account
all other relevant factors, including the medium-term economic and
budgetary position of the
Member State.
The Commission may also prepare a report if, notwithstanding the
fulfilment of the requirements
under the criteria, it is of the opinion that there is a risk of an
excessive deficit in a Member State.
4.
The Economic and Financial Committee shall formulate an opinion on the
report of the Commission.
5.
If the Commission considers that an excessive deficit in a Member State
exists or may occur, it shall address an opinion to the Member State
concerned.
6.
The Council of Ministers shall, on a proposal from the Commission,
having considered any
observations which the Member State concerned may wish to make and
after an overall assessment,
decide whether an excessive deficit exists. In that case it shall
adopt, according to the same
procedures, recommendations addressed to the Member State concerned
with a view to bringing
that situation to an end within a given period. Subject to paragraph 8,
those recommendations shall
not be made public.
Within the scope of this paragraph, the Council of Ministers shall act
without taking into account
the vote of the representative of the Member State concerned, and a
qualified majority shall be
defined as the majority of the votes of the other Member States,
representing at least three fifths of their population.
7.
The Council of Ministers, on a recommendation from the Commission,
shall adopt the
European decisions and recommendations referred to in paragraphs 8 to
11. It shall act without
taking into account the vote of the representative of the Member State
concerned, and a
qualified majority shall be defined as the majority of the other Member
States, representing at least three fifths of their population.
8.
Where it establishes that there has been no effective action in
response to its
recommendations within the period laid down, the Council of Ministers
may make its
recommendations public.
9.
If a Member State persists in failing to put into practice the
recommendations of the Council
of Ministers, the Council of Ministers may adopt a European decision
giving notice to the Member
State to take, within a specified time-limit, steps for the deficit
reduction which is judged necessary by the Council of Ministers in
order to remedy the situation.
In such a case, the Council of Ministers may request the Member State
concerned to submit reports
in accordance with a specific timetable in order to examine the
adjustment efforts of that Member
State.
10.
As long as a Member State fails to comply with a European decision
adopted in accordance
with paragraph 9, the Council of Ministers may decide to apply or, as
the case may be, intensify one or more of the following measures:
(a)
to require the Member State concerned to publish additional
information, to be specified by
the Council of Ministers, before issuing bonds and securities;
(b)
to invite the European Investment Bank to reconsider its lending policy
towards the Member
State concerned;
(c)
to require the Member State concerned to make a non-interest-bearing
deposit of an appropriate size with the Union until the Council of
Ministers
considers that the excessive deficit has been corrected;
(d)
to impose fines of an appropriate size.
The President of the Council of Ministers shall inform the European
Parliament of the measures
adopted.
11.
The Council of Ministers shall abrogate some or all of the measures
referred to in paragraph 6
and paragraphs 8 to 10 if it considers the excessive deficit in the
Member State concerned to have
been corrected. If the Council of Ministers has previously made public
recommendations, it shall
state publicly, as soon as the decision under paragraph 8 has been
abrogated, that there is no longer
an excessive deficit in the Member State concerned.
12.
The rights to bring actions provided for in Articles III-265 and
III-266 may not be exercised
within the framework of paragraphs 1 to 6 or paragraphs 8 and 9. 13.
Further provisions relating to the implementation of the procedure
described in this Article are
set out in the Protocol on the excessive deficit procedure.
A European law of the Council of Ministers shall lay
down the appropriate measures to replace the
said Protocol. The Council of Ministers shall act unanimously after
consulting the European
Parliament and the European Central Bank.
Subject to the other provisions of this paragraph, the Council of
Ministers, on a proposal from the
Commission, shall adopt European regulations or decisions laying down
detailed rules and
definitions for the application of the said Protocol. It shall act
after consulting the European
Parliament.
SECTION 2. MONETARY POLICY
Article III-77
1.
The primary objective of the European System of Central Banksshall
be to maintain
price stability. Without prejudice to this objective, the European
System of Central Banksshall
support the general economic policies in the Union in order to
contribute to the achievement of its
objectives as laid down in Article I-3. The European System of Central
Banksshall act in
accordance with the principle of an open market economy with free
competition, favouring an
efficient allocation of resources, and in compliance with the
principles set out in Article III-69.
2.
The basic tasks to be carried out through the European System of
Central Banksshall be:
(a)
to define and implement the Union's monetary policy;
(b)
to conduct foreign-exchange operations consistent with Article III-228;
(c)
to hold and manage the official foreign reserves of the Member States;
(d)
to promote the smooth operation of payment systems.
3.
Paragraph 2(c) shall be without prejudice to the holding and management
by the governments
of Member States of foreign-exchange working balances.
4.
The European Central Bank shall be consulted:
(a)
on any proposed Union act in its fields of competence;
(b)
by national authorities regarding any draft legislative provision in
its fields of competence,
but within the limits and under the conditions set out by the Council
of Ministers in
accordance with the procedure laid down in Article III-79(6).
The European Central Bankmay submit opinions to the Union
institutions, bodies or agencies or to
national authorities on matters in its fields of competence.
5.
The European System of Central Banksshall contribute to the
smooth conduct of policies
pursued by the competent authorities relating to the prudential
supervision of credit institutions and
the stability of the financial system.
6.
European laws may confer upon the European Central Bank specific tasks
concerning policies
relating to the prudential supervision of credit institutions and other
financial institutions with the exception of insurance undertakings.
Such laws shall be adopted after
consultation of the European Central Bank.
Article III-78
1.
The European Central Bank shall have the exclusive right to authorise
the issue of euro bank notes in the Union. The European Central Bank
and the national
central banks may issue such notes. Only the bank notes issued by the
European Central Bank and the
national central banks shall have the status of legal tender within the
Union. 2.
Member States may issue euro coins subject to approval by the European
Central Bank of the
volume of the issue. The Council of Ministers, on a proposal from the
Commission, may adopt
European regulations laying down measures to harmonise the
denominations and technical
specifications of all coins intended for circulation to the extent
necessary to permit their smooth
circulation within the Union. The Council of Ministers shall act after
consulting the European
Parliament and the European Central Bank.
Article III-79
1.
The European System of Central Banksshall be composed of the
European Central Bank and of the national central banks.
2.
The European Central Bankshall have legal personality.
3.
The European System of Central Banksshall be governed by the
decision-making bodies of the European Central Bank,which
shall be the Governing Council
and the Executive Board.
4.
The Statute of the European System of Central Banksis laid
down in the Protocol on the Statute of the European System of Central
Banks and the European
Central Bank.
5.
Articles 5.1, 5.2, 5.3, 17, 18, 19.1, 22, 23, 24, 26, 32.2, 32.3, 32.4,
32.6, 33.1(a) and 36 of the
Statute of the European System of Central Banks and the European
Central Bankmay be amended
by European laws:
(a)
either on a proposal from the Commission after consultation of the
European Central Bank;
(b)
or on a recommendation from the European Central Bank after
consultation of the
Commission.
6.
The Council of Ministers shall adopt the European regulations and
decisions laying down the
measures referred to in Articles 4, 5.4, 19.2, 20, 28.1, 29.2, 30.4 and
34.3 of the Statute of
the System of European Central Banks and the European Central Bank. It
shall act after consulting
the European Parliament:
(a)
either on a proposal from the Commission after consulting the European
Central Bank;
(b)
or on a recommendation from the European Central Bank after consulting
the Commission.
Article III-80
When exercising the powers and carrying out the tasks and duties
conferred upon them by the Constitution and the Statute of the European
System of Central Banks
and the European Central
Bank, neither the European Central Bank, nor a national central bank,
nor any member of their
decision-making bodies shall seek or take instructions from Union
institutions, bodies or agencies,
from any government of a Member State or from any other body. The Union
institutions, bodies or
agencies and the governments of the Member States undertake to respect
this principle and not to
seek to influence the members of the decision-making bodies of the
European Central Bank or of
the national central banks in the performance of their tasks.
Article III-81
Each Member State shall ensure that its national legislation, including
the statutes of its national central bank, is compatible with the
Constitution and the Statute of
the European System of Central Banks and the European Central Bank.
Article III-82
1.
In order to carry out the tasks entrusted to the European System of
Central Banks, the
European Central Bankshall, in accordance with the
Constitution and under the conditions laid
down in the Statute of the European System of Central Banks and the
European Central Bank, adopt:
(a)
European regulations to the extent necessary to implement the tasks
defined in Article 3.1,
first indent, Articles 19.1, 22 and 25.2 of the Statute of the European
System of Central Banks
and the European Central Bank and in cases which shall be laid down in
European regulations
and decisions as referred to in Article III-79(6);
(b)
European decisions necessary for carrying out the tasks entrusted to
the European System of
Central Banks under the Constitution and the Statute of the European
System of
Central Banks and the European Central Bank;
(c)
recommendations and opinions.
2.
The European Central Bank may decide to publish its European decisions,
recommendations
and opinions.
3.
The Council of Ministers shall, under the procedure laid down in
Article III-79(6), adopt the
European regulations establishing the limits and conditions under which
the European Central Bank
shall be entitled to impose fines or periodic penalty payments on
undertakings for failure to comply
with obligations under its European regulations and decisions.
Article III-83
Without prejudice to the powers of the European Central Bank, a
European law or framework law
shall lay down the measures necessary for use of the euro as the single
currency of the Member
States. Such law or framework law shall be adopted after consultation
of the European Central
Bank.
SECTION 3. INSTITUTIONAL PROVISIONS
Article III-84
1.
The Governing Council of the European Central Bank shall comprise the
members of the Executive Board of the European Central Bank and the
Governors of the
national central banks of the Member States without a derogation as
referred to in Article III-91. 2.
(a)
The Executive Board shall comprise the President, the Vice-President
and four other members.
(b)
The President, the Vice-President and the other members of the
Executive Board shall be appointed from among persons of recognised
standing and professional
experience in monetary or banking matters by common accord of the
governments of the
Member States at the level of Heads of State or Government, on a
recommendation from the Council of Ministers, after it has consulted
the European Parliament
and the Governing Council of the European Central Bank.
Their term of office shall be eight years and shall not be renewable.
Only nationals of Member States may be members of the Executive Board.
Article III-85
1.
The President of the Council of Ministers and a member of the
Commission may participate,
without having the right to vote, in meetings of the Governing Council
of the European Central
Bank.
The President of the Council of Ministers may submit a motion for
deliberation to the Governing
Council of the European Central Bank.
2.
The President of the European Central Bankshall be invited to
participate in meetings of the
Council of Ministers when it is discussing matters relating to the
objectives and tasks of the
European System of Central Banks.
3.
The European Central Bankshall address an annual report on the
activities of the
European System of Central Banksand on the monetary policy of
both the previous and the current
year to the European Parliament, the Council of Ministers and the
Commission, and also to the
European Council. The President of the European Central Bankshall
present this report to the
Council of Ministers and to the European Parliament, which may hold a
general debate on that
basis.
The President of the European Central Bankand the other
members of the Executive Board may, at
the request of the European Parliament or on their own initiative, be
heard by the competent
committees of the European Parliament.
Article III-86
1.
In order to promote coordination of the policies of Member States to
the full extent needed for
the functioning of the internal market, an Economic and Financial
Committee is hereby set up.
2.
The Committee shall have the following tasks:
(a)
to deliver opinions at the request of the Council of Ministers or of
the Commission, or on its
own initiative, for submission to those institutions;
(b)
to keep under review the economic and financial situation of the Member
States and of the Union and to report on it regularly to the Council of
Ministers and to
the Commission, in particular with regard to financial relations with
third countries
and international institutions;
(c)
without prejudice to Article III-247, to contribute to the preparation
of the work of the
Council of Ministers referred to in Article III-48, Article III-71(2),
(3), (4) and (6),
Articles III-72, III-74, III-75 and III-76, Article III-77(6), Article
III-78(2), Article III-79(5)
and (6), Articles III-83 and III-90, Article III-92(2) and (3), Article
III-95, Article III-96(2)
and (3) and Articles III-224 and III-228, and to carry out other
advisory and preparatory tasks
assigned to it by the Council of Ministers;
(d)
to examine, at least once a year, the situation regarding the movement
of capital and the
freedom of payments, as they result from the application of the
Constitution and of Union
acts; the examination shall cover all measures relating to capital
movements and payments;
the Committee shall report to the Commission and to the Council of
Ministers on the outcome
of this examination.
The Member States, the Commission and the European Central Bank shall
each appoint no more
than two members of the Committee.
3.
The Council of Ministers, on a proposal from the Commission, shall
adopt a European
decision laying down detailed provisions concerning the composition of
the Economic and
Financial Committee. It shall act after consulting the European Central
Bank and the Committee.
The President of the Council of Ministers shall inform the European
Parliament of that decision.
4.
In addition to the tasks set out in paragraph 2, if and as long as
there are Member States with a
derogation as referred to in Article III-91, the Committee shall keep
under review the monetary and
financial situation and the general payments system of those Member
States and report regularly to
the Council of Ministers and to the Commission on the matter.
Article III-87
For matters within the scope of Article III-71(4), Article III-76 with
the exception of paragraph 13, Articles III-83, III-90 and III-91,
Article III-92(3) and Article
III-228, the Council of Ministers or a Member State may request the
Commission to make a recommendation or a
proposal, as
appropriate. The Commission shall examine this request and submit its
conclusions to the Council
of Ministers without delay.
SECTION 3a. PROVISIONS SPECIFIC TO
MEMBER STATES WHICH ARE PART OF THE EURO AREA
Article III-88
1.
In order to ensure that economic and monetary union works properly, and
in accordance with
the relevant provisions of the Constitution, measures specific to those
Member States which are
members of the euro area shall be adopted:
(a)
to strengthen the coordination of their budgetary discipline and
surveillance of it;
(b)
to set out economic policy guidelines for them, while ensuring that
they are compatible with
those adopted for the whole of the Union and are kept under
surveillance.
2.
For those measures set out in paragraph 1, only members of the Council
of Ministers
representing Member States which are part of the euro area shall vote.
A qualified majority shall be defined as the majority of the votes of
the representatives of the
Member States which are part of the euro area, representing at least
three fifths of their population.
Unanimity of those members of the Council of Ministers shall be
required for an act requiring
unanimity.
Article III-89
Arrangements for meetings between ministers of those Member States
which are part of the euro area shall be laid down in the Protocol on
the Euro Group.
Article III-90
1.
In order to secure the euro's place in the international monetary
system, the Council of Ministers, on a proposal from the Commission and
after consulting the
European Central Bank, shall adopt a European decision establishing
common positions on
matters of particular interest for economic and monetary union within
the competent international
financial institutions and conferences.
2.
For the measures referred to in paragraph 1, only members of the
Council of Ministers
representing Member States which are part of the euro area shall vote.
A qualified majority shall be
defined as the majority of the votes of the representatives of the
Member States which are part of
the euro area, representing at least three fifths of their population.
Unanimity of those members of
the Council of Ministers shall be required for an act requiring
unanimity.
3.
The Council of Ministers, on a proposal from the Commission, may adopt
appropriate
measures to ensure unified representation within the international
financial institutions and
conferences. The procedural provisions of paragraphs 1 and 2 shall
apply.
SECTION 4. TRANSITIONAL PROVISIONS
Article III-91
1.
Member States which the Council of Ministers has decided do not fulfil
the necessary
conditions for the adoption of the euro shall hereinafter be referred
to as "Member States with a
derogation".
2.
The following provisions of the Constitution shall not apply to Member
States with a
derogation:
(a)
adoption of the parts of the broad economic-policy guidelines which
concern the euro area
generally (Article III-71(2));
(b)
coercive means of remedying excessive deficits (Article III-76(9) and
(10));
(c)
the objectives and tasks of the European System of Central Banks
(Article III-77(1), (2), (3)
and (5));
(d)
issue of the euro (Article III-78);
(e)
acts of the European Central Bank (Article III-82);
(f)
measures governing the use of the euro (Article III-83);
(g)
monetary agreements and other measures relating to exchange-rate policy
(Article III-228);
(h)
appointment of members of the Executive Board of the European Central
Bank
(Article III-84(2)(b)).
In the Articles referred to above, "Member States" shall therefore mean
Member States without a
derogation.
3.
Under Chapter IX of the Statute of the European System of Central Banks
and the European
Central Bank, Member States with a derogation and their national
central banks are excluded from
rights and obligations within the European System of Central Banks.
4.
The voting rights of members of the Council of Ministers representing
Member States with a
derogation shall be suspended for the adoption by the Council of
Ministers of the measures referred
to in the Articles listed in paragraph 2. A qualified majority shall be
defined as a majority of the votes of the representatives of the Member
States without a derogation,
representing at least
three fifths of their population. Unanimity of those Member States
shall be required for any act
requiring unanimity.
Article III-92
1.
At least once every two years, or at the request of a Member State with
a derogation, the Commission and the European Central Bankshall
report to the
Council of Ministers on the progress
made by the Member States with a derogation in fulfilling their
obligations regarding the
achievement of economic and monetary union. These reports shall include
an examination of the
compatibility between each of these Member States' national
legislation, including the statutes of its national central bank, and
Articles III-80 and III-81 and the Statute
of the European System of
Central Banks and the European Central Bank. The reports shall also
examine whether a high
degree of sustainable convergence has been achieved, by analysing how
far each of these Member
States has fulfilled the following criteria:
(a)
the achievement of a high degree of price stability; this will be
apparent from a rate of
inflation which is close to that of, at most, the three best performing
Member States in terms
of price stability;
(b)
the sustainability of the government financial position; this will be
apparent from having
achieved a government budgetary position without a deficit that is
excessive as determined in
accordance with Article III-76(6);
(c)
the observance of the normal fluctuation margins provided for by the
exchange-rate
mechanism for at least two years, without devaluing against the euro;
(d)
the durability of convergence achieved by the Member State with a
derogation and of its
participation in the exchange-rate mechanism, being reflected in the
long-term interest-rate
levels.
The four criteria mentioned in this paragraph and the relevant periods
over which they are to be
respected are developed further in the Protocol on the convergence
criteria. The reports of the
Commission and the European Central Bank shall also take account of the
results of the integration
of markets, the situation and development of the balances of payments
on current account and an
examination of the development of unit labour costs and other price
indices.
2.
After consulting the European Parliament and after discussion in the
European Council, the
Council of Ministers, on a proposal from the Commission, shall adopt a
European decision
establishing which Member States with a derogation fulfil the necessary
conditions on the basis of
the criteria set out in paragraph 1, and shall abrogate the derogations
of the Member States
concerned.
3.
If it is decided, according to the procedure set out in paragraph 2, to
abrogate a derogation, the
Council of Ministers shall, on a proposal from the Commission, with the
unanimity of the members
representing Member States without a derogation and the Member State
concerned, adopt the
European regulations or decisions irrevocably fixing the rate at which
the euro is to be substituted
for the currency of the Member State concerned, and laying down the
other measures necessary for
the introduction of the euro as the single currency in that Member
State. The Council of Ministers
shall act after consulting the European Central Bank.
Article III-93
1.
If and as long as there are Member States with a derogation, and
without prejudice to Article III-79(3), the General Council of the
European Central Bankreferred
to in Article 45 of the Statute of the European System of Central Banksand the
European Central Bank shall be constituted as a third decision-making
body of the European Central
Bank.
2.
If and as long as there are Member States with a derogation, the
European Central Bank shall, as regards those Member States:
(a)
strengthen cooperation between the national central banks;
(b)
strengthen the coordination of the monetary policies of the Member
States, with the aim of ensuring price stability;
(c)
monitor the functioning of the exchange-rate mechanism;
(d)
hold consultations concerning issues falling within the competence of
the national central banks and affecting the stability of financial
institutions and markets;
(e)
carry out the former tasks of the European Monetary Cooperation Fund,
previously taken over by the European Monetary Institute.
Article III-94
Each Member State with a derogation shall treat its exchange-rate
policy as a matter of common
interest. In so doing, it shall take account of the experience acquired
in cooperation within the
framework of the exchange-rate mechanism.
Article III-95
1.
Where a Member State with a derogation is in difficulties or is
seriously threatened with
difficulties as regards its balance of payments either as a result of
an overall disequilibrium in its balance of payments, or as a result of
the type of currency at its
disposal, and where such difficulties are liable in particular to
jeopardise the functioning of the internal
market or the implementation of the common commercial policy, the
Commission shall immediately
investigate the position of the State in question and the action which,
making use of all the means at
its disposal, that State has taken or may take in accordance with the
Constitution. The Commission
shall state what measures it recommends the Member State concerned to
adopt.
If the action taken by a Member State with a derogation and the
measures suggested by the
Commission do not prove sufficient to overcome the difficulties which
have arisen or which
threaten, the Commission shall, after consulting the Economic and
Financial Committee,
recommend to the Council of Ministers the granting of mutual assistance
and appropriate methods.
The Commission shall keep the Council of Ministers regularly informed
of the situation and of how
it evolves.
2.
The Council of Ministers shall grant such mutual assistance; it shall
adopt European
regulations or decisions laying down the conditions and details of such
assistance, which may take
such forms as:
(a)
a concerted approach to or within any other international organisations
to which Member
States with a derogation may have recourse;
(b)
measures needed to avoid deflection of trade where the Member State
with a derogation
which is in difficulties maintains or reintroduces quantitative
restrictions against
third countries;
(c)
the granting of limited credits by other Member States, subject to
their agreement.
3.
If the mutual assistance recommended by the Commission is not granted
by the Council of
Ministers or if the mutual assistance granted and the measures taken
are insufficient, the
Commission shall authorise the Member State with a derogation which is
in difficulties to take
protective measures, the conditions and details of which the Commission
shall determine.
Such authorisation may be revoked and such conditions and details may
be changed by the Council
of Ministers.
Article III-96
1.
Where a sudden crisis in the balance of payments occurs and an act
within the meaning of Article III-95(2) is not immediately adopted, a
Member State with a
derogation may, as a precaution, take the necessary protective
measures. Such measures must
cause the least possible disturbance in the functioning of the internal
market and must not be
wider in scope than is strictly necessary to remedy the sudden
difficulties which have arisen.
2.
The Commission and the other Member States shall be informed of such
protective measures not later than when they enter into force. The
Commission may recommend
to the Council of Ministers the granting of mutual assistance under
Article III-95.
3.
After the Commission has delivered an opinion and the Economic and
Financial Committee
has been consulted, the Council of Ministers may adopt a decision
stipulating that the Member State
concerned shall amend, suspend or abolish the protective measures
referred to above.
CHAPTER III. POLICIES IN OTHER SPECIFIC AREAS
SECTION 1. EMPLOYMENT
Article III-97
The Union and the Member States shall, in accordance with this Section,
work towards developing
a coordinated strategy for employment and particularly for promoting a
skilled, trained and
adaptable workforce and labour markets responsive to economic change
with a view to achieving
the objectives defined in Article I-3.
Article III-98
1.
Member States, through their employment policies, shall contribute to
the achievement of the
objectives referred to in Article III-97 in a way consistent with the
broad guidelines of the economic
policies of the Member States and of the Union adopted pursuant to
Article III-71(2).
2.
Member States, having regard to national practices related to the
responsibilities of the social
partners, shall regard promoting employment as a matter of common
concern and shall coordinate
their action in this respect within the Council of Ministers, in
accordance with Article III-100.
Article III-99
1.
The Union shall contribute to a high level of employment by encouraging
cooperation between Member States and by supporting and, if necessary,
complementing their action. In doing so, the competences of the Member
States shall be respected.
2.
The objective of a high level of employment shall be taken into
consideration in the
formulation and implementation of Union policies and activities.
Article III-100
1.
The European Council shall each year consider the employment situation
in the Union and
adopt conclusions thereon, on the basis of a joint annual report by the
Council of Ministers and the Commission.
2.
On the basis of the conclusions of the European Council, the Council of
Ministers, on a proposal from the Commission, shall each year adopt
guidelines which
the Member States shall take into account in their employment policies.
It shall act after
consulting the European Parliament, the Committee of the Regions, the
Economic and Social
Committee and the Employment Committee.
These guidelines shall be consistent with the broad guidelines adopted
pursuant to Article III-71(2).
3.
Each Member State shall provide the Council of Ministers and the
Commission with an
annual report on the principal steps taken to implement its employment
policy in the light of the
guidelines for employment as referred to in paragraph 2.
4.
The Council of Ministers, on the basis of the reports referred to in
paragraph 3 and having
received the views of the Employment Committee, shall each year carry
out an examination of the
implementation of the employment policies of the Member States in the
light of the guidelines for
employment. The Council of Ministers, on a recommendation from the
Commission, may adopt
recommendations which it shall address to Member States.
5.
On the basis of the results of that examination, the Council of
Ministers and the Commission
shall make a joint annual report to the European Council on the
employment situation in the Union
and on the implementation of the guidelines for employment.
Article III-101
European laws or framework laws may establish incentive measures
designed to encourage cooperation between Member States and to support
their action in the
field of employment through initiatives aimed at developing exchanges
of information and best
practices, providing comparative analysis and advice as well as
promoting innovative approaches and
evaluating experiences, in particular by recourse to pilot projects.
They shall be adopted after
consultation with the Committee of the Regions and the Economic and
Social Committee.
Such European laws or framework laws shall not include harmonisation of
the laws and regulations
of the Member States.
Article III-102
The Council of Ministers shall, by simple majority, adopt a European
decision establishing an
Employment Committee with advisory status to promote coordination
between Member States on
employment and labour market policies. It shall act after consulting
the European Parliament.
The tasks of the Committee shall be:
(a)
to monitor the employment situation and employment policies in the
Member States and the Union;
(b)
without prejudice to Article III-247, to formulate opinions at the
request of either the Council
of Ministers or the Commission or on its own initiative, and to
contribute to the preparation of
the Council of Ministers proceedings referred to in Article III-100.
In fulfilling its mandate, the Committee shall consult the social
partners.
Each Member State and the Commission shall appoint two members of the
Committee.
SECTION 2. SOCIAL POLICY
Article III-103
The Union and the Member States, having in mind fundamental social
rights such as those set out in
the European Social Charter signed at Turin on 18 October 1961 and in
the 1989 Community
Charter of the Fundamental Social Rights of Workers, shall have as
their objectives the promotion
of employment, improved living and working conditions, so as to make
possible their
harmonisation while the improvement is being maintained, proper social
protection, dialogue
between the social partners, the development of human resources with a
view to lasting high
employment and the combating of exclusion.
To this end the Union and the Member States shall act taking account of
the diverse forms of
national practices, in particular in the field of contractual
relations, and the need to maintain the competitiveness of the Union
economy.
They believe that such a development will ensue not only from the
functioning of the internal
market, which will favour the harmonisation of social systems, but also
from the procedures
provided for in the Constitution and from the approximation of
provisions laid down by law,
regulation or administrative action.
Article III-104
1.
With a view to achieving the objectives of Article III-103, the Union
shall support and
complement the activities of the Member States in the following fields:
(a)
improvement in particular of the working environment to protect
workers' health and safety;
(b)
working conditions;
(c)
social security and social protection of workers;
(d)
protection of workers where their employment contract is terminated;
(e)
the information and consultation of workers;
(f)
representation and collective defence of the interests of workers and
employers, including
co-determination, subject to paragraph 6;
(g)
conditions of employment for third-country nationals legally residing
in Union territory;
(h)
the integration of persons excluded from the labour market, without
prejudice to Article III-183;
(i)
equality between men and women with regard to labour market
opportunities and treatment
at work;
(j)
the combating of social exclusion;
(k)
the modernisation of social protection systems without prejudice to
point (c).
2.
To this end:
(a)
European laws or framework laws may establish measures designed to
encourage cooperation
between Member States through initiatives aimed at improving knowledge,
developing
exchanges of information and best practices, promoting innovative
approaches and evaluating
experiences, excluding any harmonisation of the laws and regulations of
the Member States;
(b)
in the fields referred to in paragraph 1(a) to (i), European framework
laws may establish
minimum requirements for gradual implementation, having regard to the
conditions and
technical rules obtaining in each of the Member States. Such European
framework laws shall
avoid imposing administrative, financial and legal constraints in a way
which would hold
back the creation and development of small and medium-sized
undertakings.
In all cases, such European laws or framework laws shall be adopted
after consultation of the
Committee of the Regions and the Economic and Social Committee. 3.
By way of derogation from paragraph 2, in the fields referred to in
paragraph 1(c), (d), (f)
and (g), European laws or framework laws shall be adopted by the
Council of Ministers acting
unanimously after consulting the European Parliament, the Committee of
the Regions and the
Economic and Social Committee.
The Council of Ministers may, on a proposal from the Commission, adopt
a European decision
making the ordinary legislative procedure applicable to paragraph 1(d),
(f) and (g). It shall act
unanimously after consulting the European Parliament.
4.
A Member State may entrust the social partners, at their joint request,
with the
implementation of European framework laws adopted pursuant to paragraph
2.
In this case, it shall ensure that, no later than the date on which a
European framework law must be transposed, the social partners have
introduced the necessary measures
by agreement, the Member State concerned being required to take any
necessary step
enabling it at any time to be in a
position to guarantee the results imposed by that framework law.
5.
The European laws and framework laws adopted pursuant to this Article:
(a)
shall not affect the right of Member States to define the fundamental
principles of their
social security systems and must not significantly affect the financial
equilibrium thereof;
(b)
shall not prevent any Member State from maintaining or introducing more
stringent protective
measures compatible with the Constitution. 6.
This Article shall not apply to pay, the right of association, the
right to strike or the right to
impose lock-outs.
Article III-105
1.
The Commission shall have the task of promoting the consultation of the
social partners at
Union level and shall adopt any relevant measure to facilitate their
dialogue by ensuring balanced
support for the parties.
2.
To this end, before submitting proposals in the social policy field,
the Commission shall
consult the social partners on the possible direction of Union action.
3.
If, after such consultation, the Commission considers Union action
desirable, it shall consult
the social partners on the content of the envisaged proposal. The
social partners shall forward to the Commission an opinion or, where
appropriate, a recommendation.
4.
On the occasion of such consultation, the social partners may inform
the Commission of their
wish to initiate the process provided for in Article III-106. The
duration of the procedure shall not exceed nine months, unless the
social partners concerned and the
Commission decide jointly to
extend it.
Article III-106
1.
Should the social partners so desire, the dialogue between them at
Union level may lead to
contractual relations, including agreements.
2.
Agreements concluded at Union level shall be implemented either in
accordance with the procedures and practices specific to the social
partners and the Member
States or, in matters covered by Article III-104, at the joint request
of the signatory
parties, by European regulations or
decisions adopted by the Council of Ministers on a proposal from the
Commission. The European Parliament shall be informed.
Where the agreement in question contains one or more provisions
relating to one of the areas for
which unanimity is required by virtue of Article III-104(3), the
Council of Ministers shall act
unanimously.
Article III-107
With a view to achieving the objectives of Article III-103 and without
prejudice to the other
provisions of the Constitution, the Commission shall encourage
cooperation between the
Member States and facilitate the coordination of their action in all
social policy fields under this Section, particularly in matters
relating to:
(a)
employment;
(b)
labour law and working conditions;
(c)
basic and advanced vocational training;
(d)
social security;
(e)
prevention of occupational accidents and diseases;
(f)
occupational hygiene;
(g)
the right of association and collective bargaining between employers
and workers.
To this end, the Commission shall act in close contact with Member
States by making studies,
delivering opinions and arranging consultations both on problems
arising at national level and on
those of concern to international organisations, in particular
initiatives aiming at the establishment of guidelines and indicators,
the organisation of exchange of best
practice, and the preparation of the necessary elements for periodic
monitoring and evaluation. The
European Parliament shall be kept fully informed.
Before delivering the opinions provided for in this Article, the
Commission shall consult the
Economic and Social Committee.
Article III-108
1.
Each Member State shall ensure that the principle of equal pay for male
and female workers for equal work or work of equal value is applied.
2.
For the purpose of this Article, "pay" means the ordinary basic or
minimum wage or salary
and any other consideration, whether in cash or in kind, which the
worker receives directly or
indirectly, in respect of his employment, from his employer.
Equal pay without discrimination based on sex means:
(a)
that pay for the same work at piece rates shall be calculated on the
basis of the same unit of
measurement;
(b)
that pay for work at time rates shall be the same for the same job.
3.
European laws or framework laws shall establish measures to ensure the
application of the
principle of equal opportunities and equal treatment of men and women
in matters of employment
and occupation, including the principle of equal pay for equal work or
work of equal value. They
shall be adopted after consultation of the Economic and Social
Committee.
4.
With a view to ensuring full equality in practice between men and women
in working life, the
principle of equal treatment shall not prevent any Member State from
maintaining or adopting
measures providing for specific advantages in order to make it easier
for the under-represented
sex to pursue a vocational activity or to prevent or compensate for
disadvantages in professional
careers.
Article III-109
Member States shall endeavour to maintain the existing equivalence
between paid holiday schemes.
Article III-110
The Commission shall draw up a report each year on progress in
achieving the objectives of
Article III-103, including the demographic situation in the Union. It
shall forward the report to the European Parliament, the Council of
Ministers and the Economic and
Social Committee.
Article III-111
The Council of Ministers shall, by a simple majority, adopt a European
decision establishing a
Social Protection Committee with advisory status to promote cooperation
on social protection
policies between Member States and with the Commission. The Council of
Ministers shall act after
consulting the European Parliament.
The tasks of the Committee shall be:
(a)
to monitor the social situation and the development of social
protection policies in the
Member States and the Union;
(b)
to promote exchanges of information, experience and good practice
between Member States
and with the Commission;
(c)
without prejudice to Article III-247, to prepare reports, formulate
opinions or undertake other
work within its fields of competence, at the request of either the
Council of Ministers or the
Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate
contacts with the social partners.
Each Member State and the Commission shall appoint two members of the
Committee.
Article III-112
The Commission shall include a separate chapter on social developments
within the Union in its
annual report to the European Parliament.
The European Parliament may invite the Commission to draw up reports on
any particular problems
concerning social conditions.
Subsection 1. The European Social Fund
Article III-113
In order to improve employment opportunities for workers in the
internal market and to contribute
thereby to raising the standard of living, a European Social Fund is
hereby established; it shall aim to render the employment of workers
easier and to increase their
geographical and occupational
mobility within the Union, and to facilitate their adaptation to
industrial changes and to changes in production systems, in particular
through vocational training and
retraining.
Article III-114
The Commission shall administer the Fund.
It shall be assisted in this task by a Committee presided over by a
Member of the Commission and
composed of representatives of Member States, trade unions and
employers' organisations.
Article III-115
Implementing measures relating to the European Social Fund shall be
enacted in European laws.
Such laws shall be adopted after consultation of the Committee of the
Regions and the Economic
and Social Committee.
SECTION 3. ECONOMIC, SOCIAL AND
TERRITORIAL COHESION
Article III-116
In order to promote its overall harmonious development, the Union shall
develop and pursue its
action leading to the strengthening of its economic, social and
territorial cohesion.
In particular, the Union shall aim at reducing disparities between the
levels of development of the
various regions and the backwardness of the least favoured regions or
islands, including rural areas.
Article III-117
Member States shall conduct their economic policies and shall
coordinate them in such a way as, in
addition, to attain the objectives set out in Article III-116. The
formulation and implementation of the Union's policies and action and
the implementation of the internal
market shall take into account those objectives and shall contribute to
their achievement. The Union
shall also support the achievement of these objectives by the action it
takes through the
Structural Funds (European
Agricultural Guidance and Guarantee Fund, Guidance Section; European
Social Fund; European
Regional Development Fund), the European Investment Bank and the other
existing financial
instruments.
The Commission shall submit a report to the European Parliament, the
Council of Ministers, the
Committee of the Regions and the Economic and Social Committee every
three years on the
progress made towards achieving economic, social and territorial
cohesion and on the manner in
which the various means provided for in this Article have contributed
to it. This report shall, if
necessary, be accompanied by appropriate proposals.
European laws or framework laws may establish any specific measure
outside the Funds, without
prejudice to measures adopted within the framework of the Union's other
policies. They shall be
adopted after consultation of the Committee of the Regions and the
Economic and Social Committee.
Article III-118
The European Regional Development Fund is intended to help to redress
the main regional
imbalances in the Union through participation in the development and
structural adjustment of
regions whose development is lagging behind and in the conversion of
declining industrial regions.
Article III-119
Without prejudice to Article III-120, European laws shall define the
tasks, priority objectives and
the organisation of the Structural Funds which may involve
grouping the Funds , the general
rules applicable to them and the provisions necessary to ensure their
effectiveness and the
coordination of the Funds with one another and with the other existing
financial instruments.
A Cohesion Fund set up by a European law shall provide a financial
contribution to projects in the
fields of environment and trans-European networks in the area of
transport infrastructure.
In all cases, such European laws shall be adopted after consultation of
the Committee of the
Regions and the Economic and Social Committee. The Council of Ministers
shall act unanimously
until 1 January 2007.
Article III-120
Implementing measures relating to the European Regional Development
Fund shall be enacted in
European laws. Such laws shall be adopted after consultation of the
Committee of the Regions and
the Economic and Social Committee.
With regard to the European Agricultural Guidance and Guarantee Fund,
Guidance Section, and the
European Social Fund, Articles III-127 and III-115 respectively shall
apply.
SECTION 4. AGRICULTURE AND FISHERIES
Article III-121
The Union shall define and implement a common agriculture and fisheries
policy. "Agricultural products" means the products of the soil, of
stockfarming
and of fisheries and products of first-stage processing directly
related to these products.
References to the common agricultural policy or to agriculture, and the
use of the term
"agricultural", shall be understood as also referring to fisheries,
having regard to the specific
characteristics of this sector.
Article III-122
1.
The internal market shall extend to agriculture and trade in
agricultural products.
2.
Save as otherwise provided in Articles III-123 to III-128, the rules
laid down for the
establishment of the internal market shall apply to agricultural
products.
3.
The products listed in Annex I (*) shall be subject to Articles III-123
to III-128. (*) This Annex, which corresponds to Annex I to the TEC, is to
be drawn up.
4.
The operation and development of the internal market for agricultural
products must be
accompanied by the establishment of a common agricultural policy.
Article III-123
1.
The objectives of the common agricultural policy shall be:
(a)
to increase agricultural productivity by promoting technical progress
and by ensuring the
rational development of agricultural production and the optimum
utilisation of the factors of
production, in particular labour;
(b)
thus to ensure a fair standard of living for the agricultural
community, in particular by
increasing the individual earnings of persons engaged in agriculture;
(c)
to stabilise markets;
(d)
to assure the availability of supplies;
(e)
to ensure that supplies reach consumers at reasonable prices.
2.
In working out the common agricultural policy and the special methods
for its application,
account shall be taken of:
(a)
the particular nature of agricultural activity, which results from the
social structure of
agriculture and from structural and natural disparities between the
various agricultural
regions;
(b)
the need to effect the appropriate adjustments by degrees;
(c)
the fact that in the Member States agriculture constitutes a sector
closely linked with the
economy as a whole.
Article III-124
1.
In order to attain the objectives set out in Article III-123, a common
organisation of
agricultural markets shall be established.
This organisation shall take one of the following forms, depending on
the product concerned:
(a)
common rules on competition;
(b)
compulsory coordination of the various national market organisations;
(c)
a European market organisation.
2.
The common organisation established in accordance with paragraph 1 may
include all
measures required to attain the objectives set out in Article III-123,
in particular regulation of
prices, aids for the production and marketing of the various products,
storage and carryover
arrangements and common machinery for stabilising imports or exports.
The common organisation shall be limited to pursuit of the objectives
set out in Article III-123 and
shall exclude any discrimination between producers or consumers within
the Union.
Any common price policy shall be based on common criteria and uniform
methods of calculation.
3.
In order to enable the common organisation referred to in paragraph 1
to attain its objectives,
one or more agricultural guidance and guarantee funds may be set up.
Article III-125
To enable the objectives set out in Article III-123 to be attained,
provision may be made within the
framework of the common agricultural policy for measures such as:
(a)
an effective coordination of efforts in the spheres of vocational
training, of research and of the
dissemination of agricultural knowledge; this may include joint
financing of projects or
institutions;
(b)
joint measures to promote consumption of certain products.
Article III-126 1.
The Section relating to rules on competition shall apply to production
of and trade in agricultural products only to the extent determined by
European laws or
framework laws in accordance with Article III-127(2), having regard to
the objectives set
out in Article III-123.
2.
The Council of Ministers, on a proposal from the Commission, may adopt
a European regulation or decision authorising the granting of aid:
(a)
for the protection of enterprises handicapped by structural or natural
conditions;
(b)
within the framework of economic development programmes.
Article III-127
1.
The Commission shall submit proposals for working out and implementing
the common agricultural policy, including the replacement of the
national
organisations by one of the forms of common organisation provided for
in Article III-124(1), and for
implementing the measures referred to in this Section.
These proposals shall take account of the interdependence of the
agricultural matters mentioned in
this Section.
2.
European laws or framework laws shall establish the common organisation
of the market
provided for in Article III-124(1) and the other provisions necessary
for the achievement of the
objectives of the common agricultural policy and the common fisheries
policy. They shall be
adopted after consultation of the Economic and Social Committee. 3.
The Council of Ministers, on a proposal from the Commission, shall
adopt the European
regulations or decisions on fixing prices, levies, aid and quantitative
limitations and on the fixing and allocation of fishing opportunities.
4.
In accordance with paragraph 2, the national market organisations may
be replaced by the
common organisation provided for in Article III-124(1) if:
(a)
the common organisation offers Member States which are opposed to this
measure and which
have an organisation of their own for the production in question
equivalent safeguards for the
employment and standard of living of the producers concerned, account
being taken of the
adjustments that will be possible and the specialisation that will be
needed with the passage of
time;
(b)
such an organisation ensures conditions for trade within the Union
similar to those existing in
a national market.
5.
If a common organisation for certain raw materials is established
before a common
organisation exists for the corresponding processed products, such raw
materials as are used for
processed products intended for export to third countries may be
imported from outside the Union.
Article III-128
Where in a Member State a product is subject to a national market
organisation or to internal rules
having equivalent effect which affect the competitive position of
similar production in another
Member State, a countervailing charge shall be applied by Member States
to imports of this product
coming from the Member State where such organisation or rules exist,
unless that State applies a
countervailing charge on export. The Commission shall adopt European
regulations or decisions fixing the
amount of these charges at the level required to redress the balance;
it may also authorise
other measures, the conditions and details of which it shall determine.
SECTION 5. ENVIRONMENT
Article III-129
1.
Union policy on the environment shall contribute to pursuit of the
following objectives:
(a)
preserving, protecting and improving the quality of the environment;
(b)
protecting human health;
(c)
prudent and rational utilisation of natural resources;
(d)
promoting measures at international level to deal with regional or
worldwide environmental
problems.
2.
Union policy on the environment shall aim at a high level of protection
taking into account
the diversity of situations in the various regions of the Union. It
shall be based on the precautionary principle and on the principles
that preventive action should be taken,
that environmental damage should as a priority be rectified at source
and that the polluter
should pay.
In this context, harmonisation measures answering environmental
protection requirements shall
include, where appropriate, a safeguard clause allowing Member States
to take provisional steps, for non-economic environmental reasons,
subject to a procedure of
inspection by the Union.
3.
In preparing its policy on the environment, the Union shall take
account of:
(a)
available scientific and technical data;
(b)
environmental conditions in the various regions of the Union;
(c)
the potential benefits and costs of action or lack of action;
(d)
the economic and social development of the Union as a whole and the
balanced development
of its regions.
4.
Within their respective spheres of competence, the Union and the Member
States shall
cooperate with third countries and with the competent international
organisations. The
arrangements for the Union's cooperation may be the subject of
agreements between the Union and
the third parties concerned, which shall be negotiated and concluded in
accordance with Article III-272.
The previous subparagraph shall be without prejudice to Member States'
competence to negotiate in
international bodies and to conclude international agreements.
Article III-130
1.
European laws or framework laws shall establish what action is to be
taken in order to achieve
the objectives referred to in Article III-129. They shall be adopted
after consultation of the
Committee of the Regions and the Economic and Social Committee.
2.
By way of derogation from paragraph 1 and without prejudice to Article
III-65, the Council of
Ministers shall unanimously adopt European laws or framework laws
establishing:
(a)
measures primarily of a fiscal nature;
(b)
measures affecting:
(i)
town and country planning;
(ii)
quantitative management of water resources or affecting, directly or
indirectly, the
availability of those resources;
(iii) land use, with the exception of waste management;
(c)
measures significantly affecting a Member State's choice between
different energy sources
and the general structure of its energy supply.
The Council of Ministers may unanimously adopt a European decision
making the ordinary
legislative procedure applicable to the matters referred to in the
first subparagraph of this paragraph.
In all cases, the Council of Ministers shall act after consulting the
European Parliament, the
Committee of the Regions and the Economic and Social Committee.
3.
General action programmes which set out priority objectives to be
attained shall be enacted by
European laws. Such laws shall be adopted after consultation of the
Committee of the Regions and
the Economic and Social Committee.
The measures necessary for the implementation of these programmes shall
be adopted under the
terms of paragraph 1 or paragraph 2, according to the case.
4.
Without prejudice to certain measures adopted by the Union, the Member
States shall finance
and implement the environment policy.
5.
Without prejudice to the principle that the polluter should pay, if a
measure based on
paragraph 1 involves costs deemed disproportionate for the public
authorities of a Member State,
such measure shall provide in appropriate form for:
(a)
temporary derogations, and/or
(b)
financial support from the Cohesion Fund.
Article III-131
The protective provisions adopted pursuant to Article III-130 shall not
prevent any Member State
from maintaining or introducing more stringent protective provisions.
Such provisions must be
compatible with the Constitution. They shall be notified to the
Commission.
SECTION 6. CONSUMER PROTECTION
Article III-132
1.
In order to promote the interests of consumers and to ensure a high
level of consumer protection, the Union shall contribute to protecting
the health, safety
and economic interests of consumers, as well as to promoting their
right to information,
education and to organise themselves in order to safeguard their
interests.
2.
The Union shall contribute to the attainment of the objectives referred
to in paragraph 1
through:
(a)
measures adopted pursuant to Article III-65 in the context of the
completion of the internal
market;
(b)
measures which support, supplement and monitor the policy pursued by
the Member States.
3.
The measures referred to in paragraph 2(b) shall be enacted by European
laws or framework
laws. Such laws shall be adopted after consultation of the Economic and
Social Committee.
4.
Acts adopted pursuant to paragraph 3 shall not prevent any Member State
from maintaining or
introducing more stringent protective provisions. Such provisions must
be compatible with the
Constitution. They shall be notified to the Commission.
SECTION 7. TRANSPORT
Article III-133
The objectives of the Constitution shall, in matters governed by this
Title, be pursued within the
framework of a common transport policy.
Article III-134
European laws or framework laws shall implement Article III-133, taking
into account the distinctive features of transport. They shall be
adopted after
consultation of the Committee of the
Regions and the Economic and Social Committee.
Such European laws or framework laws shall contain:
(a)
common rules applicable to international transport to or from the
territory of a Member State
or passing across the territory of one or more Member States;
(b)
the conditions under which non-resident carriers may operate transport
services within a Member State;
(c)
measures to improve transport safety;
(d)
any other appropriate measure.
Article III-135
Until the European laws or framework laws referred to in the first
paragraph of Article III-134 have been adopted, no Member State may,
unless the Council of Ministers has
unanimously adopted a
European decision granting a derogation, make the various provisions
governing the subject on
1 January 1958 or, for acceding States, the date of their accession
less favourable in their direct or indirect effect on carriers of other
Member States as compared with
carriers who are nationals of that State.
Article III-136
Aids shall be compatible with the Constitution if they meet the needs
of coordination of transport or if they represent reimbursement for the
discharge of certain
obligations inherent in the concept of a public service.
Article III-137
Any measures adopted within the framework of the Constitution in
respect of transport rates and
conditions shall take account of the economic circumstances of carriers.
Article III-138
1.
In the case of transport within the Union, discrimination which takes
the form of carriers
charging different rates and imposing different conditions for the
carriage of the same goods over
the same transport links on grounds of the Member State of origin or of
destination of the goods
in question shall be prohibited.
2.
Paragraph 1 shall not prevent the adoption of other European laws or
framework laws
pursuant to the first paragraph of Article III-134.
3.
The Council of Ministers, on a proposal from the Commission, shall
adopt European
regulations or decisions for implementing paragraph 1. It shall act
after consulting the European
Parliament and the Economic and Social Committee.
The Council of Ministers may in particular adopt the European
regulations and decisions needed to
enable the institutions to secure compliance with the rule laid down in
paragraph 1 and to ensure
that users benefit from it to the full.
4.
The Commission, acting on its own initiative or on application by a
Member State, shall
investigate any cases of discrimination falling within paragraph 1 and,
after consulting any
Member State concerned, adopt the necessary European decisions within
the framework of the
European regulations and decisions referred to in paragraph 3.
Article III-139
1.
The imposition by a Member State, in respect of transport operations
carried out within the Union, of rates and conditions involving any
element of support or
protection in the interest of one
or more particular undertakings or industries shall be prohibited,
unless authorised by a European
decision of the Commission.
2.
The Commission, acting on its own initiative or on application by a
Member State, shall
examine the rates and conditions referred to in paragraph 1, taking
account in particular of the
requirements of an appropriate regional economic policy, the needs of
underdeveloped areas and the
problems of areas seriously affected by political circumstances on the
one hand, and of the effects
of such rates and conditions on competition between the different modes
of transport on the other.
After consulting each Member State concerned, the Commission shall
adopt the necessary
European decisions.
3.
The prohibition provided for in paragraph 1 shall not apply to tariffs
fixed to meet
competition.
Article III-140
Charges or dues in respect of the crossing of frontiers which are
charged by a carrier in addition to the transport rates shall not
exceed a reasonable level after taking
the costs actually incurred thereby into account.
Member States shall endeavour to reduce these costs.
The Commission may make recommendations to Member States for the
application of this Article.
Article III-141
The provisions of this Section shall not form an obstacle to the
application of measures taken in the Federal Republic of Germany to the
extent that such measures are
required in order to compensate for the economic disadvantages caused
by the division of Germany to the
economy of certain areas of the Federal Republic affected by that
division.
Article III-142
An Advisory Committee consisting of experts designated by the
governments of Member States
shall be attached to the Commission. The Commission, whenever it
considers it desirable, shall
consult the Committee on transport matters.
Article III-143
1.
This Section shall apply to transport by rail, road and inland waterway.
2.
European laws or framework laws may lay down appropriate measures for
sea and air
transport. They shall be adopted after consultation of the Committee of
the Regions and the
Economic and Social Committee.
SECTION 8. TRANS-EUROPEAN NETWORKS
Article III-144
1.
To help achieve the objectives referred to in Articles III-14 and
III-116 and to enable citizens
of the Union, economic operators and regional and local communities to
derive full benefit from the
setting-up of an area without internal frontiers, the Union shall
contribute to the establishment and development of trans-European
networks in the areas of transport,
telecommunications and energy
infrastructures.
2.
Within the framework of a system of open and competitive markets,
action by the Union shall
aim at promoting the interconnection and interoperability of national
networks as well as access to
such networks. It shall take account in particular of the need to link
island, landlocked and
peripheral regions with the central regions of the Union.
Article III-145
1.
In order to achieve the objectives referred to in Article III-144, the
Union:
(a)
shall establish a series of guidelines covering the objectives,
priorities and broad lines of
measures envisaged in the sphere of trans-European networks; these
guidelines shall identify
projects of common interest;
(b)
shall implement any measures that may prove necessary to ensure the
interoperability of the
networks, in particular in the field of technical standardisation;
(c)
may support projects of common interest supported by Member States,
which are identified in
the framework of the guidelines referred to in point (a), particularly
through feasibility
studies, loan guarantees or interest-rate subsidies; the Union may also
contribute, through the
Cohesion Fund, to the financing of specific projects in Member States
in the area of transport
infrastructure.
The Union's activities shall take into account the potential economic
viability of the projects.
2.
The guidelines and other measures referred to in paragraph 1 shall be
enacted by European
laws or framework laws. Such laws shall be adopted after consultation
of the Committee of the
Regions and the Economic and Social Committee.
Guidelines and projects of common interest which relate to the
territory of a Member State shall
require the agreement of the Member State concerned.
3.
Member States shall, in liaison with the Commission, coordinate among
themselves the
policies pursued at national level which may have a significant impact
on the achievement of the
objectives referred to in Article III-144. The Commission may, in close
cooperation with the
Member State, take any useful initiative to promote such coordination.
4.
The Union may cooperate with third countries to promote projects of
mutual interest and to
ensure the interoperability of networks.
SECTION 9. RESEARCH AND TECHNOLOGICAL
DEVELOPMENT, AND SPACE
Article III-146
1.
The Union shall aim to strengthen the scientific and technological
bases of Union industry
and encourage it to become more competitive at international level,
while promoting all the
research activities deemed necessary by virtue of other Chapters of the
Constitution.
2.
For this purpose, the Union shall, throughout the Union, encourage
undertakings, including
small and medium-sized undertakings, research centres and universities
in their research and
technological development activities of high quality; it shall support
their efforts to cooperate with one another, aiming, notably, at
enabling researchers to cooperate
freely across borders and
undertakings to exploit the internal market potential, in particular
through the opening-up of
national public contracts, the definition of common standards and the
removal of legal and fiscal
obstacles to that cooperation.
3.
All the Union's activities under the Constitution in the area of
research and technological
development, including demonstration projects, shall be decided on and
implemented in accordance
with this Section.
Article III-147
In pursuing these objectives, the Union shall carry out the following
activities, complementing the
activities carried out in the Member States:
(a)
implementation of research, technological development and demonstration
programmes, by
promoting cooperation with and between undertakings, research centres
and universities;
(b)
promotion of cooperation in the field of the Union's research,
technological development and
demonstration with third countries and international organisations;
(c)
dissemination and optimisation of the results of activities in the
Union's research,
technological development and demonstration;
(d)
stimulation of the training and mobility of researchers in the Union.
Article III-148
1.
The Union and the Member States shall coordinate their research and
technological development activities so as to ensure that national
policies and the
Union's policy are mutually consistent.
2.
In close cooperation with the Member States, the Commission may take
any useful initiative
to promote the coordination referred to in paragraph 1, in particular
initiatives aiming at the
establishment of guidelines and indicators, the organisation of
exchange of best practice, and the
preparation of the necessary elements for periodic monitoring and
evaluation. The European
Parliament shall be kept fully informed.
Article III-149
1.
A multiannual framework programme, setting out all the activities of
the Union, shall be
enacted by European laws. Such laws shall be adopted after consultation
of the Economic and
Social Committee.
The framework programme shall:
(a)
establish the scientific and technological objectives to be achieved by
the activities provided
for in Article III-147 and fix the relevant priorities;
(b)
indicate the broad lines of such activities;
(c)
fix the maximum overall amount and the detailed rules for the Union's
financial participation
in the framework programme and the respective shares in each of the
activities provided for.
2.
The framework programme shall be adapted or supplemented as the
situation changes.
3.
The framework programme shall be implemented through specific
programmes developed
within each activity. Each specific programme shall define the detailed
rules for implementing it,
fix its duration and provide for the means deemed necessary. The sum of
the amounts deemed
necessary, fixed in the specific programmes, may not exceed the overall
maximum amount fixed for
the framework programme and each activity.
4.
The Council of Ministers, on a proposal from the Commission, shall
adopt the European
regulations or decisions establishing the specific programmes. It shall
act after consulting the
European Parliament and the Economic and Social Committee.
Article III-150
For the implementation of the multiannual framework programme, European
laws or framework laws shall establish:
(a)
the rules for the participation of undertakings, research centres and
universities;
(b)
the rules governing the dissemination of research results.
Such European laws or framework laws shall be adopted after
consultation of the Economic and
Social Committee.
Article III-151
In implementing the multiannual framework programme, European laws may
establish
supplementary programmes involving the participation of certain Member
States only, which shall
finance them subject to possible participation by the Union.
Such laws shall determine the rules applicable to supplementary
programmes, particularly as
regards the dissemination of knowledge and access by other Member
States. They shall be adopted
after consultation of the Economic and Social Committee and with the
agreement of the Member
States concerned.
Article III-152
In implementing the multiannual framework programme, European laws may
make provision,
in agreement with the Member States concerned, for participation in
research and development
programmes undertaken by several Member States, including participation
in the structures created
for the execution of those programmes.
Such laws shall be adopted after consultation of the Economic and
Social Committee.
Article III-153
In implementing the multiannual framework programme the Union may make
provision for
cooperation in the Union's research, technological development and
demonstration with
third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of
agreements between the
Union and the third parties concerned, which shall be negotiated and
concluded in accordance with
Article III-227.
Article III-154
The Council of Ministers, on a proposal from the Commission may adopt
European regulations or
decisions to set up joint undertakings or any other structure necessary
for the efficient execution of the Union's research, technological
development and demonstration
programmes. It shall act after
consulting the European Parliament and the Economic and Social
Committee.
Article III-155
1.
To promote scientific and technical progress, industrial
competitiveness and the implementation of its policies, the Union shall
draw up a European
space policy. To this end, it may promote joint initiatives, support
research and technological
development and coordinate the efforts needed for the exploration and
exploitation of space.
2.
To contribute to attaining the objectives referred to in paragraph 1,
European laws or
framework laws shall establish the necessary measures, which may take
the form of a European
space programme.
Article III-156
At the beginning of each year the Commission shall send a report to the
European Parliament and
the Council of Ministers. The report shall include information on
research and technological
development activities and the dissemination of results during the
previous year, and the work
programme for the current year.
SECTION 10. ENERGY
Article III-157
1.
In establishing an internal market and with regard for the need to
preserve and improve the
environment, Union policy on energy shall aim to:
(a)
ensure the functioning of the energy market,
(b)
ensure security of energy supply in the Union, and
(c)
promote energy efficiency and saving and the development of new and
renewable forms of
energy.
2.
The measures necessary to achieve the objectives in paragraph 1 shall
be enacted in European
laws or framework laws. Such laws shall be adopted after consultation
of the Committee of the
Regions and the Economic and Social Committee.
Such laws or framework laws shall not affect a Member State's choice
between different
energy sources and the general structure of its energy supply, without
prejudice to
Article III-130(2)(c).
CHAPTER IV. AREA OF FREEDOM, SECURITY AND JUSTICE
SECTION 1. GENERAL PROVISIONS
Article III-158
1.
The Union shall constitute an area of freedom, security and justice
with respect for fundamental rights, taking into account the different
legal traditions
and systems of the Member States.
2.
It shall ensure the absence of internal border controls for persons and
shall frame a common policy on asylum, immigration and external border
control, based
on solidarity between Member States, which is fair towards
third-country nationals. For the
purpose of this chapter, stateless persons shall be treated as
third-country nationals.
3.
The Union shall endeavour to ensure a high level of security by
measures to prevent and combat crime, racism and xenophobia, and
measures for coordination and
cooperation between police and judicial authorities and other competent
authorities, as
well as by the mutual recognition of judgments in criminal matters and,
if necessary, the approximation
of criminal laws.
4.
The Union shall facilitate access to justice, in particular by the
principle of mutual recognition
of judicial and extrajudicial decisions in civil matters.
Article III-159
The European Council shall define the strategic guidelines for
legislative and operational planning
within the area of freedom, security and justice.
Article III-160
1.
Member States' national Parliaments shall ensure that the proposals and
legislative initiatives
submitted under Sections 4 and 5 of this Chapter comply with the
principle of subsidiarity,
in accordance with the arrangements in the Protocol on the application
of the principles of
subsidiarity and proportionality.
Member States' national Parliaments may participate in the evaluation
mechanisms contained in
Article III-161 and in the political monitoring of Europol and the
evaluation of Eurojust's activities
in accordance with Articles III-177 and III-174.
Article III-161
Without prejudice to Articles III-265 to III-267, the Council of
Ministers may, on a proposal from
the Commission, adopt European regulations or decisions laying down the
arrangements whereby
Member States, in collaboration with the Commission, conduct objective
and impartial evaluation
of the implementation of the Union policies referred to in this Chapter
by Member States'
authorities, in particular in order to facilitate full application of
the principle of mutual recognition.
The European Parliament and Member States' national Parliaments shall
be informed of the content
and results of the evaluation.
Article III-162
A standing committee shall be set up within the Council of Ministers in
order to ensure that
operational cooperation on internal security is promoted and
strengthened within the Union.
Without prejudice to Article III-247, it shall facilitate coordination
of the action of Member States' competent authorities. Representatives
of the Union bodies and agencies
concerned may be
involved in the proceedings of this committee. The European Parliament
and Member States'
national parliaments shall be kept informed of the proceedings.
Article III-163
This Chapter shall not affect the exercise of the responsibilities
incumbent upon Member States
with regard to maintaining law and order and safeguarding internal
security.
Article III-164
The Council of Ministers shall adopt European regulations to ensure
administrative cooperation
between the relevant departments of the Member States in the areas
covered by this Chapter, as well
as between those departments and the Commission. It shall act on a
Commission proposal, without
prejudice to Article III-165, and after consulting the European
Parliament.
Article III-165
The acts referred to in Sections 4 and 5 of this Chapter shall be
adopted:
(a)
on a proposal from the Commission, or
(b)
on the initiative of a quarter of the Member States.
SECTION 2 POLICIES ON BORDER CHECKS,
ASYLUM AND IMMIGRATION
Article III-166
1.
The Union shall develop a policy with a view to:
(a)
ensuring the absence of any controls on persons, whatever their
nationality, when crossing
internal borders;
(b) carrying out checks on persons and efficient monitoring of the
crossing of external borders;
(c)
the gradual introduction of an integrated management system for
external borders.
2.
For this purpose, European laws or framework laws shall establish
measures concerning:
(a) the common policy on visas and other short-stay residence permits;
(b) the controls to which persons crossing external borders are subject;
(c) the conditions under which nationals of third countries shall have
the freedom to travel within
the Union for a short period;
(d) any measure necessary for the gradual establishment of an
integrated management system for
external borders;
(e)
the absence of any controls on persons, whatever their nationality,
when crossing internal
borders.
3.
This Article shall not affect the competence of the Member States
concerning the geographical demarcation of their borders, in accordance
with
international law.
Article III-167
1.
The Union shall develop a common policy on asylum and temporary
protection with a view to
offering appropriate status to any third-country national requiring
international protection and
ensuring compliance with the principle of non-refoulement. This
policy must be in accordance with
the Geneva Convention of 28 July 1951 and the Protocol of 31 January
1967 relating to the status of
refugees and other relevant treaties.
2.
For this purpose, European laws or framework laws shall lay down
measures for a common
European asylum system comprising:
(a)
a uniform status of asylum for nationals of third countries, valid
throughout the Union;
(b) a uniform status of subsidiary protection for nationals of third
countries who, without
obtaining European asylum, are in need of international protection;
(c) a common system of temporary protection for displaced persons in
the event of a massive
inflow;
(d) common procedures for the granting and withdrawing of uniform
asylum or subsidiary
protection status;
(e) criteria and mechanisms for determining which Member State is
responsible for considering
an application for asylum or subsidiary protection;
(f)
standards concerning the conditions for the reception of applicants for
asylum or subsidiary
protection;
(g)
partnership and cooperation with third countries for the purpose of
managing inflows of
people applying for asylum or subsidiary or temporary protection.
3.
In the event of one or more Member States being confronted by an
emergency situation
characterised by a sudden inflow of nationals of third countries, the
Council of Ministers, on a
proposal from the Commission, may adopt European regulations or
decisions comprising
provisional measures for the benefit of the Member State(s) concerned.
It shall act after consulting the European Parliament.
Article III-168
1.
The Union shall develop a common immigration policy aimed at ensuring,
at all stages, the efficient management of migration flows, fair
treatment of
third-country nationals residing legally in Member States, and the
prevention of, and enhanced measures to
combat, illegal immigration and trafficking in human beings.
2.
To this end, European laws or framework laws shall establish measures
in the following areas:
(a) the conditions of entry and residence, and standards on the issue
by Member States of
long-term visas and residence permits, including those for the purpose
of family reunion;
(b)
the definition of the rights of third-country nationals residing
legally in a Member State,
including the conditions governing freedom of movement and of residence
in other Member
States;
(c)
illegal immigration and unauthorised residence, including removal and
repatriation of persons
residing without authorisation;
(d)
combating trafficking in persons, in particular women and children.
3.
The Union may conclude readmission agreements with third countries for
the readmission of
third-country nationals residing without authorisation to their
countries of origin or provenance, in
accordance with Article III-227.
4.
European laws or framework laws may establish measures to provide
incentives and support
for the action of Member States with a view to promoting the
integration of third-country nationals
residing legally in their territories, excluding any harmonisation of
the laws and regulations of the Member States.
5.
This Article shall not affect the right of Member States to determine
volumes of admission of
third-country nationals coming from third countries to their territory
in order to seek work, whether employed or self-employed.
Article III-169
The policies of the Union set out in this Section and their
implementation shall be governed by the
principle of solidarity and fair sharing of responsibility, including
its financial implications,
between the Member States. Whenever necessary, the acts of the Union
adopted pursuant to this
Section shall contain appropriate measures to give effect to this
principle.
SECTION 3. JUDICIAL COOPERATION IN
CIVIL MATTERS
Article III-170
1.
The Union shall develop judicial cooperation in civil matters having
cross-border
implications, based on the principle of mutual recognition of judgments
and decisions in
extrajudicial cases. Such cooperation may include the adoption of
measures for the approximation
of the laws and regulations of the Member States.
2.
To this end, laws or framework laws shall lay down measures aimed inter
alia at ensuring:
(a)
the mutual recognition and enforcement between Member States of
judgments and decisions
in extrajudicial cases;
(b)
the cross-border service of judicial and extrajudicial documents;
(c)
the compatibility of the rules applicable in the Member States
concerning conflict of laws and
of jurisdiction;
(d)
cooperation in the taking of evidence;
(e)
a high level of access to justice;
(f)
the proper functioning of civil proceedings, if necessary by promoting
the compatibility of the
rules on civil procedure applicable in the Member States;
(g)
the development of alternative methods of dispute settlement;
(h)
support for the training of the judiciary and judicial staff.
3.
Notwithstanding paragraph 2, measures concerning family law with
cross-border implications
shall be laid down in a European law or framework law of the Council of
Ministers. The Council of
Ministers shall act unanimously after consulting the European
Parliament.
The Council of Ministers, on a proposal from the Commission, may adopt
a European decision
determining those aspects of family law with cross-border implications
which may be the subject of
acts adopted by the ordinary legislative procedure. The Council of
Ministers shall act unanimously
after consulting the European Parliament.
SECTION 4. JUDICIAL COOPERATION IN
CRIMINAL MATTERS
Article III-171
1.
Judicial cooperation in criminal matters in the Union shall be based on
the principle of mutual
recognition of judgments and judicial decisions and shall include the
approximation of the laws and
regulations of the Member States in the areas referred to in paragraph
2 and in Article III-172.
European laws or framework laws shall establish measures to:
(a)
establish rules and procedures to ensure the recognition throughout the
Union of all forms of
judgments and judicial decisions;
(b)
prevent and settle conflicts of jurisdiction between Member States;
(c)
encourage the training of the judiciary and judicial staff;
(d)
facilitate cooperation between judicial or equivalent authorities of
the Member States in
relation to proceedings in criminal matters and the enforcement of
decisions.
2.
In order to facilitate mutual recognition of judgments and judicial
decisions and police and
judicial cooperation in criminal matters having a cross-border
dimension, European framework laws
may establish minimum rules concerning:
(a)
mutual admissibility of evidence between Member States;
(b)
the rights of individuals in criminal procedure;
(c)
the rights of victims of crime;
(d)
any other specific aspects of criminal procedure which the Council of
Ministers has identified
in advance by a European decision. The Council of Ministers shall act
unanimously after
obtaining the consent of the European Parliament.
Adoption of such minimum rules shall not prevent Member States from
maintaining or introducing
a higher level of protection for the rights of individuals in criminal
procedure.
Article III-172
1.
European framework laws may establish minimum rules concerning the
definition of criminal offences and sanctions in the areas of
particularly serious
crime with cross-border dimensions resulting from the nature or impact
of such offences or from
a special need to combat them on a common basis.
These areas of crime are the following: terrorism,
trafficking in human beings and sexual
exploitation of women and children, illicit drug trafficking, illicit
arms trafficking,
money laundering, corruption, counterfeiting of means of payment,
computer crime and
organised crime.
On the basis of developments in crime, the Council of Ministers may
adopt a European decision
identifying other areas of crime that meet the criteria specified in
this paragraph. It shall act
unanimously after obtaining the consent of the European Parliament.
2.
If the approximation of criminal legislation proves essential to ensure
the effective implementation of a Union policy in an area which has
been subject to
harmonisation measures,
European framework laws may establish minimum rules with regard to the
definition of
criminal offences and sanctions in the area concerned.
Without prejudice to Article III-165, such framework laws shall be
adopted by the same procedure
as was followed for the adoption of the harmonisation measures referred
to in the preceding
subparagraph.
Article III-173
European laws or framework laws may establish measures to promote and
support the action of
Member States in the field of crime prevention. Such measures shall not
include the approximation
of Member States' legislative and regulatory provisions.
Article III-174
1.
Eurojust's mission shall be to support and strengthen coordination and
cooperation between
national prosecuting authorities in relation to serious crime affecting
two or more Member States or
requiring a prosecution on common bases, on the basis of operations
conducted and information
supplied by the Member States' authorities and by Europol.
2.
European laws shall determine Eurojust's structure, workings, scope of
action and tasks.
Those tasks may include:
(a)
the initiation and coordination of criminal prosecutions conducted by
competent national
authorities, particularly those relating to offences against the
financial interests of the Union;
(b)
the strengthening of judicial cooperation, including by resolution of
conflicts of jurisdiction
and by close cooperation with the European Judicial Network.
European laws shall also determine arrangements for involving the
European Parliament and
Member States' national Parliaments in the evaluation of Eurojust's
activities.
3.
In the prosecutions referred to in this Article, and without prejudice
to Article III-175, formal
acts of judicial procedure shall be carried out by the competent
national officials.
Article III-175
1.
In order to combat serious crime having a cross-border dimension, as
well as crimes affecting
the interests of the Union, a European law of the Council of Ministers
may establish a European
Public Prosecutor's Office from Eurojust. The Council of Ministers
shall act unanimously after
obtaining the consent of the European Parliament.
2.
The European Public Prosecutor's Office shall be responsible for
investigating, prosecuting
and bringing to judgment, where appropriate in liaison with Europol,
the perpetrators of and
accomplices in serious crimes affecting more than one Member State and
of offences against
the Union's financial interests, as determined by the European law
provided for in paragraph 1. It
shall exercise the functions of prosecutor in the competent courts of
the Member States in relation
to such offences.
3.
The European law referred to in paragraph 1 shall determine the general
rules applicable to
the European Public Prosecutor's Office, the conditions governing the
performance of its functions,
the rules of procedure applicable to its activities, as well as those
governing the admissibility of evidence, and the rules applicable to
the judicial review of procedural
measures taken by it in the performance of its functions.
SECTION 5. POLICE COOPERATION
Article III-176
1.
The Union shall establish police cooperation involving all the Member
States' competent
authorities, including police, customs and other specialised law
enforcement services in relation to
the prevention, detection and investigation of criminal offences.
2.
To this end, European laws or framework laws may establish measures
concerning:
(a)
the collection, storage, processing, analysis and exchange of relevant
information;
(b)
support for the training of staff, and cooperation on the exchange of
staff, on equipment and
on research into crime-detection;
(c)
common investigative techniques in relation to the detection of serious
forms of organised
crime. 3.
A European law or framework law of the Council of Ministers may
establish measures
concerning operational cooperation between the authorities referred to
in this Article. The Council
of Ministers shall act unanimously after consulting the European
Parliament.
Article III-177
1.
Europol's mission is to support and strengthen action by the Member
States' police authorities
and other law enforcement services and their mutual cooperation in
preventing and combating
serious crime affecting two or more Member States, terrorism and forms
of crime which affect a
common interest covered by a Union policy. 2.
European laws shall determine Europol's structure, operation, field of
action and tasks. These
tasks may include:
(a)
the collection, storage, processing, analysis and exchange of
information forwarded
particularly by the authorities of the Member States or third countries
or bodies;
(b)
the coordination, organisation and implementation of investigative and
operational action
carried out jointly with the Member States' competent authorities or in
the context of joint
investigative teams, where appropriate in liaison with Eurojust.
European laws shall also lay down the procedures for
scrutiny of Europol's activities by the
European Parliament, together with Member States' national parliaments.
3.
Any operational action by Europol must be carried out in liaison and in
agreement with the
authorities of the Member States whose territory is concerned. The
application of coercive
measures shall be the exclusive responsibility of the competent
national authorities.
Article III-178
A European law or framework law of the Council of Ministers shall lay
down the conditions and
limitations under which the competent authorities of the Member States
referred to in Articles III-171 and III-176 may operate in the
territory of another
Member State in liaison and in
agreement with the authorities of that State. The Council of Ministers
shall act unanimously after
consulting the European Parliament.
CHAPTER V. AREAS WHERE THE UNION MAY TAKE
COORDINATING, COMPLEMENTARY OR SUPPORTING ACTION
SECTION 1. PUBLIC HEALTH
Article III-179
1.
A high level of human health protection shall be ensured in the
definition and implementation
of all the Union's policies and activities.
Action by the Union, which shall complement national policies, shall be
directed towards
improving public health, preventing human illness and diseases, and
obviating sources of danger to
physical and mental health. Such action shall cover the fight against
the major health scourges, by
promoting research into their causes, their transmission and their
prevention, as well as health
information and education.
The Union shall complement the Member States' action in reducing
drugs-related health damage,
including information and prevention.
2.
The Union shall encourage cooperation between the Member States in the
areas referred to in
this Article and, if necessary, lend support to their action.
Member States shall, in liaison with the Commission, coordinate among
themselves their policies
and programmes in the areas referred to in paragraph 1. The Commission
may, in close contact
with the Member States, take any useful initiative to promote such
coordination, in particular
initiatives aiming at the establishment of guidelines and indicators,
the organisation of exchange of
best practice, and the preparation of the necessary elements for
periodic monitoring and evaluation.
The European Parliament shall be kept fully informed.
3.
The Union and the Member States shall foster cooperation with third
countries and the
competent international organisations in the sphere of public health.
4.
European laws or framework laws shall contribute to the achievement of
the objectives
referred to in this Article by establishing the following measures in
order to meet common safety
concerns:
(a)
measures setting high standards of quality and safety of organs and
substances of human
origin, blood and blood derivatives; these measures shall not prevent
any Member State from
maintaining or introducing more stringent protective measures;
(b)
measures in the veterinary and phytosanitary fields which have as their
direct objective the
protection of public health;
European laws or framework laws shall be adopted
after consultation of the Committee of the
Regions and the Economic and Social Committee.
5.
European laws or framework laws may also establish incentive measures
designed to protect
and improve human health and to combat the major cross-border health
scourges, excluding any
harmonisation of the laws and regulations of the Member States. It
shall be adopted after
consultation of the Committee of the Regions and the Economic and
Social Committee.
6.
For the purposes set out in this Article, the Council of Ministers, on
a proposal from the
Commission, may also adopt recommendations.
7.
Union action in the field of public health shall fully respect the
responsibilities of the Member
States for the organisation and delivery of health services and medical
care. In particular, measures
referred to in paragraph 4(a) shall not affect national provisions on
the donation or medical use of
organs and blood.
SECTION 2. INDUSTRY
Article III-180
1.
The Union and the Member States shall ensure that the conditions
necessary for the competitiveness of the Union's industry exist.
For that purpose, in accordance with a system of open and competitive
markets, their action shall be
aimed at:
(a)
speeding up the adjustment of industry to structural changes;
(b)
encouraging an environment favourable to initiative and to the
development of undertakings
throughout the Union, particularly small and medium-sized undertakings;
(c)
encouraging an environment favourable to cooperation between
undertakings;
(d)
fostering better exploitation of the industrial potential of policies
of innovation, research and
technological development.
2.
The Member States shall consult each other in liaison with the
Commission and, where
necessary, shall coordinate their action. The Commission may take any
useful initiative to promote
such coordination, in particular initiatives aiming at the
establishment of guidelines and indicators,
the organisation of exchange of best practice, and the preparation of
the necessary elements for
periodic monitoring and evaluation. The European Parliament shall be
kept fully informed.
3.
The Union shall contribute to the achievement of the objectives set out
in paragraph 1 through
the policies and activities it pursues under other provisions of the
Constitution. European laws or
framework laws may establish specific measures in support of action
taken in the Member States to
achieve the objectives set out in paragraph 1, excluding any
harmonisation of the laws and
regulations of the Member States. They shall be adopted after
consultation of the Economic and
Social Committee.
This Section shall not provide a basis for the introduction by the
Union of any measure which could
lead to distortion of competition or contains tax provisions or
provisions relating to the rights and
interests of employed persons.
SECTION 3. CULTURE
Article III-181
1.
The Union shall contribute to the flowering of the cultures of the
Member States, while respecting their national and regional diversity
and at the same time
bringing the common cultural heritage to the fore.
2.
Action by the Union shall be aimed at encouraging cooperation between
Member States and, if necessary, supporting and complementing their
action in the
following areas:
(a)
improvement of the knowledge and dissemination of the culture and
history of the European
peoples;
(b)
conservation and safeguarding of cultural heritage of European
significance;
(c)
non-commercial cultural exchanges;
(d)
artistic and literary creation, including in the audiovisual sector.
3.
The Union and the Member States shall foster cooperation with third
countries and the
competent international organisations in the sphere of culture, in
particular the Council of Europe.
4.
The Union shall take cultural aspects into account in its action under
other provisions of
the Constitution, in particular in order to respect and to promote the
diversity of its cultures.
5.
In order to contribute to the achievement of the objectives referred to
in this Article:
(a)
European laws or framework laws shall establish incentive actions,
excluding any
harmonisation of the laws and regulations of the Member States. They
shall be adopted after
consultation of the Committee of the Regions;
(b)
the Council of Ministers, on a proposal from the Commission, shall
adopt recommendations.
SECTION 4. EDUCATION, VOCATIONAL
TRAINING, YOUTH AND SPORT
Article III-182
1.
The Union shall contribute to the development of quality education by
encouraging
cooperation between Member States and, if necessary, by supporting and
complementing their
action. It shall fully respect the responsibility of the Member States
for the content of teaching and
the organisation of education systems and their cultural and linguistic
diversity.
The Union shall contribute to the promotion of European sporting
issues, given the social and
educational function of sport.
2.
Union action shall be aimed at:
(a)
developing the European dimension in education, particularly through
the teaching and
dissemination of the languages of the Member States;
(b)
encouraging mobility of students and teachers, inter alia by
encouraging the academic
recognition of diplomas and periods of study;
(c)
promoting cooperation between educational establishments;
(d)
developing exchanges of information and experience on issues common to
the education
systems of the Member States;
(e)
encouraging the development of youth exchanges and of exchanges of
socio-educational
instructors and encouraging the participation of young people in
democratic life in Europe.
(f)
encouraging the development of distance education;
(g) developing the European dimension in sport, by promoting fairness
in competitions and
cooperation between sporting bodies and by protecting the physical and
moral integrity of
sportsmen and sportswomen, especially young sportsmen and sportswomen.
3.
The Union and the Member States shall foster cooperation with third
countries and the
competent international organisations in the field of education, in
particular the Council of Europe.
4.
In order to contribute to the achievement of the objectives referred to
in this Article,
(a)
European laws or framework laws shall establish incentive actions,
excluding any
harmonisation of the laws and regulations of the Member States. They
shall be adopted after
consultation of the Committee of the Regions and the Economic and
Social Committee.
(b)
the Council of Ministers, on a proposal from the Commission, shall
adopt recommendations.
Article III-183
1.
The Union shall implement a vocational training policy which shall
support and complement
the action of the Member States, while fully respecting the
responsibility of the Member States for
the content and organisation of vocational training.
2.
Union action shall aim to:
(a)
facilitate adaptation to industrial change, in particular through
vocational training and
retraining;
(b)
improve initial and continuing vocational training in order to
facilitate vocational integration
and reintegration into the labour market;
(c)
facilitate access to vocational training and encourage mobility of
instructors and trainees and
particularly young people;
(d)
stimulate cooperation on training between educational or training
establishments and firms;
(e)
develop exchanges of information and experience on issues common to the
training systems
of the Member States.
3.
The Union and the Member States shall foster cooperation with third
countries and the
competent international organisations in the sphere of vocational
training.
4.
European laws or framework laws shall contribute to the achievement of
the objectives
referred to in this Article, excluding any harmonisation of the laws
and regulations of the
Member States. They shall be adopted after consultation of the
Committee of the Regions and the
Economic and Social Committee.
SECTION 5. CIVIL PROTECTION
Article III-184
1.
The Union shall encourage cooperation between Member States in order to
improve the effectiveness of systems for preventing and protecting
against natural
or man-made disasters within the Union.
Union action shall aim to:
(a) support and complement Member States' action at national, regional
and local level in risk
prevention, in preparing their civil-protection personnel and in
responding to natural or
man-made disasters;
(b) promote swift, effective operational cooperation between national
civil-protection services;
(c) promote consistency in international civil-protection work.
2.
The measures necessary to help achieve the objectives referred to in
paragraph 1 shall be
enacted in European laws or framework laws, excluding any harmonisation
of the laws and
regulations of the Member States.
SECTION 6. ADMINISTRATIVE COOPERATION
Article III-185
1.
Effective national implementation of Union law by the Member States,
which is essential for
the proper functioning of the Union, shall be regarded as a matter of
common interest.
2.
The Union may support the efforts of Member States to improve their
administrative capacity
to implement Union law. Such action may include facilitation of
exchange of information and of
civil servants as well as supporting training schemes. No Member State
shall be obliged to avail
itself of such support. European laws shall establish the necessary
measures to this end, excluding
any harmonisation of the laws and regulations of the Member States.
3.
This Article shall be without prejudice to the obligations of the
Member States to implement
Union law or to the prerogatives and duties of the Commission. It shall
also be without prejudice to
other provisions of the Constitution providing for administrative
cooperation among the Member
States and between them and the Union.
TITLE IV. ASSOCIATION OF THE OVERSEAS COUNTRIES AND
TERRITORIES
Article III-186
The non-European countries and territories which have special relations
with Denmark, France,
the Netherlands and the United Kingdom shall be associated with the
Union. These countries and
territories (hereinafter called the "countries and territories") are
listed in Annex II (*).
The purpose of association shall be to promote the economic and social
development of the
countries and territories and to establish close economic relations
between them and the Union as a
whole.
Association shall serve primarily to further the interests and
prosperity of the inhabitants of these countries and territories in
order to lead them to the economic, social
and cultural development to which they aspire.
(*) This Annex, which corresponds to Annex II to the TEC, is to be
drawn up.
Article III-187
Association shall have the following objectives:
(a)
Member States shall apply to their trade with the countries and
territories the same treatment
as they accord each other pursuant to the Constitution;
(b)
Each country or territory shall apply to its trade with Member States
and with the other
countries and territories the same treatment as that which it applies
to the European State with
which it has special relations;
(c)
Member States shall contribute to the investments required for the
progressive development
of these countries and territories;
(d)
For investments financed by the Union, participation in tenders and
supplies shall be open on
equal terms to all natural and legal persons who are nationals of a
Member State or of one of
the countries and territories;
(e)
In relations between Member States and the countries and territories,
the right of
establishment of nationals and companies or firms shall be regulated in
accordance with the
provisions and procedures laid down in the Subsection relating to the
right of establishment
and on a non-discriminatory basis, subject to any special measures
adopted pursuant to
Article III-191.
Article III-188
1.
Customs duties on imports into the Member States of goods originating
in the countries and
territories shall be prohibited in conformity with the prohibition of
customs duties between
Member States provided for by the Constitution.
2.
Customs duties on imports into each country or territory from Member
States or from the
other countries or territories shall be prohibited in accordance with
Article III-38.
3.
The countries and territories may, however, levy customs duties which
meet the needs of their
development and industrialisation or produce revenue for their budgets.
The duties referred to in the first subparagraph may not exceed the
level of those imposed on
imports of products from the Member State with which each country or
territory has special
relations.
4.
Paragraph 2 shall not apply to countries and territories which, by
reason of the particular
international obligations by which they are bound, already apply a
non-discriminatory customs
tariff.
5.
The introduction of or any change in customs duties imposed on goods
imported into the
countries and territories shall not, either in law or in fact, give
rise to any direct or indirect
discrimination between imports from the various Member States.
Article III-189
If the level of the duties applicable to goods from a third country on
entry into a country or territory is liable, when Article III-188(1)
has been applied, to cause
deflections of trade to the detriment of any Member State, the latter
may request the Commission to propose to
the other Member States that they take the necessary steps to remedy
the situation.
Article III-190
Subject to the provisions relating to public health, public security or
public policy, freedom of
movement within Member States for workers from the countries and
territories, and within the
countries and territories for workers from Member States, shall be
regulated by measures adopted in
accordance with Article III-191.
Article III-191
The Council of Ministers shall adopt unanimously, on the basis of the
experience acquired under the
association of the countries and territories with the Union, European
regulations and decisions as
regards the detailed rules and the procedure for the association of the
countries and territories with the Union.
Article III-192
Articles III-186 to III-191 shall apply to Greenland, subject to the
specific provisions set out in the Protocol on special arrangements for
Greenland.
TITLE V. THE UNION'S EXTERNAL ACTION
CHAPTER I. PROVISIONS HAVING GENERAL APPLICATION
Article III-193
1.
The Union's action on the international scene shall be guided by, and
designed to advance in
the wider world, the principles which have inspired its own creation,
development and enlargement:
democracy, the rule of law, the universality and indivisibility of
human rights and fundamental
freedoms, respect for human dignity, equality and solidarity, and for
international law in accordance with the principles of the United
Nations Charter.
The Union shall seek to develop relations and build partnerships with
third countries, and
international, regional or global organisations, which share these
values. It shall promote
multilateral solutions to common problems, in particular in the
framework of the United Nations.
2.
The Union shall define and pursue common policies and actions, and
shall work for a high
degree of cooperation in all fields of international relations, in
order to:
(a)
safeguard the common values, fundamental interests, security,
independence and integrity of
the Union;
(b)
consolidate and support democracy, the rule of law, human rights and
international law;
(c)
preserve peace, prevent conflicts and strengthen international
security, in conformity with the
principles of the United Nations Charter;
(d)
foster the sustainable economic, social and environmental development
of developing
countries, with the primary aim of eradicating poverty;
(e)
encourage the integration of all countries into the world economy,
including through the
progressive abolition of restrictions on international trade;
(f)
help develop international measures to preserve and improve the quality
of the environment
and the sustainable management of global natural resources, in order to
ensure sustainable
development;
(g) assist populations, countries and regions confronting natural or
man-made disasters;
(h) promote an international system based on stronger multilateral
cooperation and good global
governance.
3.
The Union shall respect the principles and pursue the objectives listed
in paragraphs 1 and 2
in the development and implementation of the different areas of the
Union's external action covered
by this Title and the external aspects of its other policies.
The Union shall ensure consistency between the different areas of its
external action and between
these and its other policies. The Council of Ministers and the
Commission, assisted by the Union
Minister for Foreign Affairs, shall ensure that consistency and shall
cooperate to that effect.
Article III-194
1.
On the basis of the principles and objectives referred to in Article
III-193, the European Council shall identify the strategic interests
and objectives
of the Union. European decisions of the European Council on the
strategic interests
and objectives of the Union shall relate to the common foreign and
security policy and to other
areas of the external action of the Union. Such decisions may concern
the relations of the Union with a
specific country or region or may be thematic in approach. They shall
define their duration, and
the means to be made available by the Union and the Member States.
The European Council shall act unanimously on a recommendation from the
Council of Ministers,
adopted by the latter under the arrangements laid down for each area.
European decisions of the
European Council shall be implemented in accordance with the procedures
provided for by the
Constitution.
2.
The Union Minister for Foreign Affairs, for the field of common foreign
and security policy,
and the Commission, for other fields of external action, may submit
joint proposals to the Council
of Ministers.
CHAPTER II. COMMON FOREIGN AND SECURITY POLICY
Article III-195
1.
In the context of the principles and objectives of its external action,
the Union shall define and
implement a common foreign and security policy covering all areas of
foreign and security policy
2.
The Member States shall support the common foreign and security policy
actively and
unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and develop their
mutual political solidarity.
They shall refrain from any action which is contrary to the interests
of the Union or likely to impair
its effectiveness as a cohesive force in international relations.
The Council of Ministers and the Union Minister for Foreign Affairs
shall ensure that these
principles are complied with.
3.
The Union shall conduct the common foreign and security policy by:
(a)
defining the general guidelines;
(b)
adopting European decisions on:
(i)
actions of the Union,
(ii)
positions of the Union,
(iii) implementation of actions and positions;
(c)
strengthening systematic cooperation between Member States in the
conduct of policy.
Article III-196
1.
The European Council shall define the general guidelines for the common
foreign and
security policy, including for matters with defence implications.
If international developments so require, the President of the European
Council shall convene an
extraordinary meeting of the European Council in order to define the
strategic lines of the Union's
policy in the face of such developments.
2.
The Council of Ministers shall adopt the European decisions necessary
for defining and
implementing the common foreign and security policy on the basis of the
general guidelines and
strategic lines defined by the European Council.
Article III-197
1.
The Union Minister for Foreign Affairs, who shall chair the Council of
Ministers for Foreign
Affairs, shall contribute through his or her proposals towards the
preparation of the common foreign
and security policy and shall ensure implementation of the European
decisions adopted by the
European Council and the Council of Ministers.
2.
For matters relating to the common foreign and security policy, the
Union shall be represented
by the Union Minister for Foreign Affairs. He or she shall conduct
political dialogue on the Union's
behalf and shall express the Union's position in international
organisations and at international
conferences.
3.
In fulfilling his or her mandate, the Union Minister for Foreign
Affairs shall be assisted by a
European External Action Service. This service shall work in
cooperation with the diplomatic
services of the Member States (*).
(*) See the Declaration on the creation of a European External Action
Service.
Article III-198
1.
Where the international situation requires operational action by the
Union, the Council of
Ministers shall adopt the necessary European decisions. Such decisions
shall lay down the
objectives, the scope, the means to be made available to the Union, if
necessary the duration, and
the conditions for implementation of the action.
If there is a change in circumstances having a substantial effect on a
question subject to such a
European decision, the Council of Ministers shall review the principles
and objectives of the action
and adopt the necessary European decisions. As long as the Council of
Ministers has not acted, the
European decision on action by the Union shall stand.
2.
Such European decisions shall commit the Member States in the positions
they adopt and in
the conduct of their activity.
3.
Whenever there is any plan to adopt a national position or take
national action pursuant to a
European decision as referred to in paragraph 1, information shall be
provided in time to allow, if
necessary, for prior consultations within the Council of Ministers. The
obligation to provide prior
information shall not apply to arrangements which are merely a national
transposition of European
decisions.
4.
In cases of imperative need arising from changes in the situation and
failing a new European
decision, Member States may make the necessary arrangements as a matter
of urgency, having
regard to the general objectives of the European decision referred to
in paragraph 1. The
Member State concerned shall inform the Council of Ministers
immediately of any such
arrangements.
5.
Should there be any major difficulties in implementing a European
decision as referred to in
this Article, a Member State shall refer them to the Council of
Ministers which shall discuss them
and seek appropriate solutions. Such solutions shall not run counter to
the objectives of the action or impair its effectiveness.
Article III-199
The Council of Ministers shall adopt European decisions which shall
define the approach of the
Union to a particular matter of a geographical or thematic nature.
Member States shall ensure that
their national policies conform to the positions of the Union.
Article III-200
1.
Any Member State, the Union Minister for Foreign Affairs, or that
Minister with the
Commission's support, may refer to the Council of Ministers any
question relating to the common
foreign and security policy and may submit proposals to it.
2.
In cases requiring a rapid decision, the Union Minister for Foreign
Affairs, of the Minister's
own motion or at the request of a Member State, shall convene an
extraordinary meeting of the
Council of Ministers within forty-eight hours or, in an emergency,
within a shorter period.
Article III-201
1.
European decisions referred to in this Chapter shall be adopted by the
Council of Ministers
acting unanimously. Abstentions by members present in person or
represented shall not prevent the
adoption of such decisions.
When abstaining in a vote, any member of the Council of Ministers may
qualify its abstention by
making a formal declaration. In that case, it shall not be obliged to
apply the European decision,
but shall accept that the latter commits the Union. In a spirit of
mutual solidarity, the Member State concerned shall refrain from any
action likely to conflict with or
impede Union action based on that decision and the other Member States
shall respect its position. If the
members of the Council of Ministers qualifying their abstention in this
way represent at least
one third of the Member States representing at least one third of the
population of the Union, the
decision shall not be adopted.
2.
By derogation from paragraph 1, the Council of Ministers shall act by
qualified majority:
(a)
when adopting European decisions on Union actions and positions on the
basis of a
European decision of the European Council relating to the Union's
strategic interests and
objectives, as referred to in Article III-194(1);
(b)
when adopting a decision on a Union action or position, on a proposal
which the Minister has
put to it following a specific request to him or her from the European
Council made on its
own initiative or that of the Minister;
(c)
when adopting any European decision implementing a Union action or
position;
(d)
when adopting a European decision concerning the appointment of a
special representative in
accordance with Article III-203.
If a member of the Council of Ministers declares that, for vital and
stated reasons of national policy,
it intends to oppose the adoption of a European decision to be adopted
by qualified majority, a vote
shall not be taken. The Union Minister for Foreign Affairs will, in
close consultation with the
Member State involved, search for a solution acceptable to it. If he or
she does not succeed, the
Council of Ministers may, acting by a qualified majority, request that
the matter be referred to the European Council for decision by
unanimity.
3.
The European Council may decide unanimously that the Council of
Ministers shall act by a
qualified majority in cases other than those referred to in paragraph 2.
4.
Paragraphs 2 and 3 shall not apply to decisions having military or
defence implications.
Article III-202
1.
When the Union has defined a common approach within the meaning of
Article I-39(5), the Union Minister for Foreign Affairs and the
Ministers for Foreign
Affairs of the Member States shall coordinate their activities within
the Council of Ministers.
2.
The diplomatic missions of the Member States and the delegations of the
Union shall cooperate in third countries and in international
organisations and
shall contribute to formulating and implementing a common approach.
Article III-203
The Council of Ministers shall, whenever it deems it necessary,
appoint, on the initiative of the
Union Minister for Foreign Affairs, a special representative with a
mandate in relation to particular policy issues. The special
representative shall carry out his or her
mandate under the authority of the Union Minister for Foreign Affairs.
Article III-204
The Union may conclude agreements with one or more States or
international organisations
pursuant to this Chapter, in accordance with the procedure described in
Article III-227.
Article III-205
1.
The Union Minister for Foreign Affairs shall consult the European
Parliament on the main
aspects and the basic choices of the common foreign and security
policy, including the common
security and defence policy, and shall ensure that the views of the
European Parliament are duly
taken into consideration. The European Parliament shall be kept
regularly informed by the Union
Minister for Foreign Affairs of the development of the common foreign
and security policy,
including the common security and defence policy. Special
representatives may be involved in
briefing the European Parliament.
2.
The European Parliament may ask questions of the Council of Ministers
and of the Union
Minister for Foreign Affairs or make recommendations to them. Twice a
year it shall hold a debate
on progress in implementing the common foreign and security policy,
including the common
security and defence policy.
Article III-206
1.
Member States shall coordinate their action in international
organisations and at international
conferences. They shall uphold the Union's positions in such fora. The
Union Minister for
Foreign Affairs shall organise this coordination.
In international organisations and at international conferences where
not all the Member States
participate, those which do take part shall uphold the Union's
positions.
2.
Without prejudice to paragraph 1 and Article III-198(3), Member States
represented in
international organisations or international conferences where not all
the Member States participate shall keep the latter, as well as the
Union Minister for Foreign
Affairs, informed of any matter of common interest.
Member States which are also members of the United Nations Security
Council shall concert and
keep the other Member States and the Union Minister for Foreign Affairs
fully informed.
Member States which are members of the Security Council will, in the
execution of their functions,
defend the positions and the interests of the Union, without prejudice
to their responsibilities under the provisions of the United Nations
Charter.
When the Union has defined a position on a subject which is on the
United Nations Security
Council agenda, those Member States which sit on the Security Council
shall request that the Union
Minister for Foreign Affairs be asked to present the Union's position.
Article III-207
The diplomatic and consular missions of the Member States and the Union
delegations in third
countries and international conferences, and their representations to
international organisations,
shall cooperate in ensuring that the European decisions relating to
Union positions and actions
adopted by the Council of Ministers are complied with and implemented.
They shall step up
cooperation by exchanging information and carrying out joint
assessments.
They shall contribute to the implementation of the
provisions referred to in Article I-8(2) on the
rights of European citizens to protection in the territory of a third
country and the measures adopted pursuant to Article III-11.
Article III-208
Without prejudice to Article III-247, a Political and Security
Committee shall monitor the
international situation in the areas covered by the common foreign and
security policy and
contribute to the definition of policies by delivering opinions to the
Council of Ministers at the
request of the latter, or of the Union Minister for Foreign Affairs, or
on its own initiative. It shall also monitor the implementation of
agreed policies, without prejudice
to the responsibility of the Union Minister for Foreign Affairs.
Within the scope of this Chapter, this Committee shall exercise, under
the responsibility of the
Council of Ministers and of the Union Minister for Foreign Affairs,
political control and strategic
direction of crisis management operations, as defined in Article
III-210.
The Council of Ministers may authorise the Committee, for the purpose
and for the duration of a
crisis management operation, as determined by the Council of Ministers,
to take the relevant
measures concerning the political control and strategic direction of
the operation.
Article III-209
The implementation of the common foreign and security policy shall not
affect the competences
listed in Articles I-12 to I-14 and I-16. Likewise, the implementation
of the policies listed in those articles shall not affect the
competence referred to in Article I-15.
The Court of Justice shall have jurisdiction to monitor compliance with
this Article.
SECTION 1. THE COMMON SECURITY AND
DEFENCE POLICY
Article III-210
1.
The tasks referred to in Article I-40(1), in the course of which the
Union may use civilian and
military means, shall include joint disarmament operations,
humanitarian and rescue tasks, military
advice and assistance tasks, conflict prevention and peace-keeping
tasks, tasks of combat forces in
crisis management, including peacemaking and post-conflict
stabilisation. All these tasks may
contribute to the fight against terrorism, including by supporting
third countries in combating
terrorism in their territories.
2.
The Council of Ministers, acting unanimously, shall adopt European
decisions relating to the
tasks referred to in paragraph 1, defining their objectives and scope
and the general conditions for
their implementation. The Union Minister for Foreign Affairs, acting
under the authority of the
Council of Ministers and in close and constant contact with the
Political and Security Committee,
shall ensure coordination of the civilian and military aspects of such
tasks.
Article III-211
1.
Within the framework of the European decisions adopted in accordance
with Article III-210,
the Council of Ministers may entrust the implementation of a task to a
group of Member States
having the necessary capability and the desire to undertake the task.
Those Member States in
association with the Union Minister for Foreign Affairs shall agree
between themselves on the
management of the task.
2.
The Council of Ministers shall be regularly informed by the Member
States participating in
the task of its progress. Should the completion of the task involve
major new consequences or
require amendment of the objective, scope and conditions for
implementation adopted by the
Council of Ministers under Article III-210, the Member States
participating shall refer the matter to
the Council of Ministers forthwith. In such cases, the Council of
Ministers shall adopt the
necessary European decisions.
Article III-212
1.
The European Armaments, Research and Military Capabilities Agency,
subject to the
authority of the Council of Ministers, shall have as its task to:
(a) contribute to identifying the Member States' military capability
objectives and evaluating
observance of the capability commitments given by the Member States;
(b) promote harmonisation of operational needs and adoption of
effective, compatible
procurement methods;
(c) propose multilateral projects to fulfil the
objectives in terms of military capabilities, ensure
coordination of the programmes implemented by the Member States and
management of
specific cooperation programmes;
(d) support defence technology research, and coordinate and plan joint
research activities and the
study of technical solutions meeting future operational needs;
(e) contribute to identifying and, if necessary, implementing any
useful measure for
strengthening the industrial and technological base of the defence
sector and for improving
the effectiveness of military expenditure.
2.
The Agency shall be open to all Member States wishing to be part of it.
The Council of
Ministers, acting by qualified majority, shall adopt a European
decision defining the Agency's
statute, seat and operational rules. That decision should take account
of the level of effective
participation in the Agency's activities. Specific groups shall be set
up within the Agency bringing
together Member States engaged in joint projects. The Agency shall
carry out its tasks in liaison
with the Commission where necessary.
Article III-213
1.
The Member States listed in the Protocol [title], which fulfil
higher military capability
criteria and wish to enter into more binding commitments in this matter
with a view to the most
demanding tasks, hereby establish structured cooperation between
themselves within the meaning
of Article I-40(6). The military capability criteria and commitments
which those Member States
have defined are set out in that Protocol.
2.
If a Member State wishes to participate in such cooperation at a later
stage, and thus subscribe
to the obligations it imposes, it shall inform the European Council of
its intention. The Council of
Ministers shall deliberate at the request of that Member State. Only
the members of the Council of
Ministers that represent the Member States taking part in structured
cooperation shall participate in
the vote.
3.
When the Council of Ministers adopts European decisions relating to
matters covered by structured cooperation, only the members of the
Council of Ministers
that represent the Member States taking part in structured cooperation
shall participate
in the deliberations and the adoption of such decisions. The Union
Minister for Foreign Affairs
shall attend the deliberations. The representatives of the other Member
States shall be duly and
regularly informed by the Union
Minister for Foreign Affairs of developments in structured cooperation.
4.
The Council of Ministers may ask the Member States participating in
such cooperation to
carry out at Union level a task referred to in Article III-210.
5.
Notwithstanding the previous paragraphs, the appropriate provisions
relating to enhanced
cooperation shall apply to the structured cooperation governed by this
Article.
Article III-214
1.
The closer cooperation on mutual defence provided for in Article
I-40(7) shall be open to all
Member States of the Union. A list of Member States participating in
closer cooperation shall be
set out in the declaration [title]. If a Member State wishes to
take part in such cooperation at a later
stage, and thus accept the obligations it imposes, it shall inform the
European Council of its
intention and shall subscribe to that declaration.
2.
A Member State participating in such cooperation which is the victim of
armed aggression on
its territory shall inform the other participating States of the
situation and may request aid and
assistance from them. Participating Member States shall meet at
ministerial level, assisted by their
representatives on the Political and Security Committee and the
Military Committee.
3.
The United Nations Security Council shall be informed immediately of
any armed aggression
and the measures taken as a result.
4.
This Article shall not affect the rights and obligations resulting, for
the Member States
concerned, from the North Atlantic Treaty.
SECTION 2. FINANCIAL PROVISIONS
Article III-215
1.
Administrative expenditure which the provisions referred to in this
Chapter entail for the
institutions shall be charged to the Union budget.
2.
Operating expenditure to which the implementation of those provisions
gives rise shall also be
charged to the Union budget, except for such expenditure arising from
operations having military or
defence implications and cases where the Council of Ministers decides
otherwise.
In cases where expenditure is not charged to the Union's budget it
shall be charged to the
Member States in accordance with the gross national product scale,
unless the Council of Ministers
decides otherwise. As for expenditure arising from operations having
military or defence
implications, Member States whose representatives in the Council of
Ministers have made a formal
declaration under Article III-201(1), second subparagraph, shall not be
obliged to contribute to the financing thereof.
3.
The Council of Ministers shall adopt a European decision establishing
the specific procedures
for guaranteeing rapid access to appropriations in the Union budget for
urgent financing of
initiatives in the framework of the common foreign and security policy,
and in particular for
preparatory activities for tasks as referred to in Article I-40(1). It
shall act after consulting the European Parliament.
Preparatory activities for tasks as referred to in Article I-40(1)
which are not charged to the Union budget shall be financed by a
start-up fund made up of Member States'
contributions.
The Council of Ministers shall adopt by a qualified majority on a
proposal from the Union Minister
for Foreign Affairs European decisions establishing:
(a)
the procedures for setting up and financing the start-up fund, in
particular the amounts
allocated to the fund and the procedures for reimbursement;
(b)
the procedures for administering the start-up fund;
(c)
the financial control procedures.
When it is planning a task as referred to in Article I-40(1) which
cannot be charged to the Union's
budget, the Council of Ministers shall authorise the Union Minister for
Foreign Affairs to use the
fund. The Union Minister for Foreign Affairs shall report to the
Council of Ministers on the
implementation of this remit.
CHAPTER III. COMMON COMMERCIAL POLICY
Article III-216
By establishing a customs union between the Member States, the Union
aims to contribute, in the
common interest, to the harmonious development of world trade, the
progressive abolition of
restrictions on international trade and on foreign direct investment,
and the lowering of customs and other barriers.
Article III-217
1.
The common commercial policy shall be based on uniform principles,
particularly with regard
to changes in tariff rates, the conclusion of tariff and trade
agreements relating to trade in goods and services and the commercial
aspects of intellectual property, foreign
direct investment, the achievement of uniformity in measures of
liberalisation, export policy
and measures to protect trade such as those to be taken in the event of
dumping or subsidies. The
common commercial policy
shall be conducted in the context of the principles and objectives of
the Union's external action.
2.
European laws or framework laws shall establish the measures required
to implement the
common commercial policy.
3.
Where agreements with one or more States or international organisations
need to be
negotiated and concluded, the relevant provisions of Article III-227
shall apply. The Commission
shall make recommendations to the Council of Ministers, which shall
authorise the Commission to
open the necessary negotiations. The Council of Ministers and the
Commission shall be responsible
for ensuring that the agreements negotiated are compatible with
internal Union policies and rules.
The Commission shall conduct these negotiations in consultation with a
special committee
appointed by the Council of Ministers to assist the Commission in this
task and within the
framework of such directives as the Council of Ministers may issue to
it. The Commission shall
report regularly to the special committee and to the European
Parliament on the progress of
negotiations.
4.
For the negotiation and conclusion of agreements in the fields of trade
in services involving
the movement of persons and the commercial aspects of intellectual
property, the Council of
Ministers shall act unanimously where such agreements include
provisions for which unanimity is
required for the adoption of internal rules.
The Council shall also act unanimously for the negotiation and
conclusion of agreements in the
field of trade in cultural and audiovisual services, where these risk
prejudicing the Union's cultural and linguistic diversity.
The negotiation and conclusion of international agreements in the field
of transport shall be subject to the provisions of Section 7 of Chapter
III of Title III and Article
III-227.
5.
The exercise of the competences conferred by this Article in the field
of commercial policy
shall not affect the delimitation of internal competences between the
Union and the Member States,
and shall not lead to harmonisation of legislative or regulatory
provisions of Member States insofar as the Constitution excludes such
harmonisation.
CHAPTER IV. COOPERATION WITH THIRD COUNTRIES AND
HUMANITARIAN AID
SECTION 1. DEVELOPMENT COOPERATION
Article III-218
1.
Union policy in the sphere of development cooperation shall be
conducted within the
framework of the principles and objectives of the Union's external
action. The Union's
development cooperation policy and that of the Member States complement
and reinforce each
other.
Union development cooperation policy shall have as its primary
objective the reduction and, in the
long term, the eradication of poverty. The Union shall take account of
the objectives of
development cooperation in the policies that it implements which are
likely to affect developing
countries.
2.
The Union and the Member States shall comply with the commitments and
take account of
the objectives they have approved in the context of the United Nations
and other competent
international organisations.
Article III-219
1.
European laws or framework laws shall establish the measures necessary
for the implementation of development cooperation policy, which may
relate to
multiannual cooperation programmes with developing countries or
programmes with a thematic
approach.
2.
The Union may conclude with third countries and competent international
organisations any agreement helping to achieve the objectives referred
to in Article
III-193. Such agreements shall be negotiated and concluded in
accordance with Article III-227.
The first subparagraph shall be without prejudice to Member States'
competence to negotiate in
international bodies and to conclude international agreements.
3.
The European Investment Bank shall contribute, under the terms laid
down in its Statute, to
the implementation of the measures referred to in paragraph 1.
Article III-220
1.
In order to promote the complementarity and efficiency of their action,
the Union and the
Member States shall coordinate their policies on development
cooperation and shall consult each
other on their aid programmes, including in international organisations
and during international
conferences. They may undertake joint action. Member States shall
contribute if necessary to the
implementation of Union aid programmes.
2.
The Commission may take any useful initiative to promote the
coordination referred to in
paragraph 1.
3.
Within their respective spheres of competence, the Union and the Member
States shall
cooperate with third countries and the competent international
organisations.
SECTION 2. ECONOMIC, FINANCIAL AND
TECHNICAL COOPERATION WITH THIRD COUNTRIES
Article III-221
1.
Without prejudice to the other provisions of the Constitution, and in
particular those of
Articles III-218 to III-220, the Union shall carry out economic,
financial and technical cooperation
measures, including financial aid in particular, with third countries
other than developing countries.
Such measures shall be consistent with the development policy of the
Union and shall be carried out
within the framework of the principles and objectives of its external
action. The Union's measures
and those of the Member States shall complement and reinforce each
other.
2.
European laws or framework laws shall establish the measures necessary
for the
implementation of paragraph 1.
3.
Within their respective spheres of competence, the Union and the Member
States shall
cooperate with third countries and the competent international
organisations. The arrangements for
Union cooperation may be the subject of agreements between the Union
and the third parties
concerned, which shall be negotiated and concluded pursuant to Article
III-227. The Council of
Ministers shall act unanimously for the association agreements referred
to in Article III-226(2) and
for the agreements with the States which are candidates for accession
to the Union.
The first subparagraph shall be without prejudice to Member States'
competence to negotiate in
international bodies and to conclude international agreements.
Article III-222
When the situation in a third country requires urgent financial aid
from the Union, the Council of
Ministers shall adopt the necessary European decisions on a proposal
from the Commission.
SECTION 3. HUMANITARIAN AID
Article III-223
1.
The Union's operations in the field of humanitarian aid shall be
conducted within the
framework of the principles and objectives of the external action of
the Union. Such operations
shall be intended to provide ad hoc assistance, relief and protection
for people in third countries and victims of natural or man-made
disasters, in order to meet the
humanitarian needs resulting from these different situations. The
Union's operations and those of the
Member States shall complement and reinforce each other.
2.
Humanitarian aid operations shall be conducted in compliance with the
principles of international humanitarian law, in particular the
principles of
impartiality and non-discrimination.
3.
European laws or framework laws shall establish the measures defining
the framework within which the Union's humanitarian aid operations
shall be implemented.
4.
The Union may conclude with third countries and competent international
organisations any
agreement helping to achieve the objectives referred to in Article
III-193. Such agreements shall be negotiated and concluded pursuant to
Article III-227.
The first subparagraph shall be without prejudice to Member States'
competence to negotiate in
international bodies and to conclude international agreements.
5.
In order to establish a framework for joint contributions from young
Europeans to the
humanitarian actions of the Union, a European Voluntary Humanitarian
Aid Corps shall be set up.
European law shall determine the rules and operation of the Corps.
6.
The Commission may take any useful initiative to promote coordination
between actions of
the Union and those of the Member States, in order to enhance the
efficiency and complementarity
of Union and national humanitarian aid measures.
7.
The Union shall ensure that its humanitarian operations are coordinated
and consistent with
those of international organisations and bodies, in particular those
forming part of the
United Nations system.
CHAPTER V. RESTRICTIVE MEASURES
Article
III-224
1.
Where a European decision on a Union position or action adopted in
accordance with the
provisions on the common foreign and security policy in Chapter II of
this Title provides for the
interruption or reduction, in part or completely, of economic and
financial relations with one or
more third countries, the Council of Ministers, acting by a qualified
majority on a joint proposal
from the Union Minister for Foreign Affairs and the Commission, shall
adopt the necessary
European regulations or decisions. It shall inform the European
Parliament thereof.
2.
In the areas referred to in paragraph 1, the Council of Ministers may
adopt restrictive
measures under the same procedure against natural or legal persons and
non-State groups or bodies.
CHAPTER VI. INTERNATIONAL AGREEMENTS
Article III-225
1.
The Union may conclude agreements with one or more third countries or
international
organisations where the Constitution so provides or where the
conclusion of an agreement is
necessary in order to achieve, within the framework of the Union's
policies, one of the objectives
fixed by the Constitution, where there is provision for it in a binding
Union legislative act or where it affects one of the Union's internal
acts.
2.
Agreements concluded by the Union are binding upon the institutions of
the Union and on its
Member States.
Article III-226
The Union may conclude association agreements with one or more third
countries or international
organisations. Such agreements shall establish an association involving
reciprocal rights and
obligations, common actions and special procedures.
Article III-227
1.
Without prejudice to the specific provisions laid down in Article
III-217, agreements between
the Union and third States or international organisations shall be
negotiated and concluded in
accordance with the following procedure.
2.
The Council of Ministers shall authorise negotiations to be opened,
adopt negotiating
directives and conclude agreements.
3.
The Commission, or the Union Minister for Foreign Affairs where the
agreement exclusively
or principally relates to the common foreign and security policy, shall
submit recommendations to
the Council of Ministers, which shall adopt a European decision
authorising the opening of
negotiations.
4.
In connection with the European decision authorising negotiation,
depending on the subject of
the future agreement, the Council of Ministers shall nominate the
negotiator or leader of the Union's
negotiating team.
5.
The Council of Ministers may address negotiating directives to the
Union's negotiator and
may designate a special committee in consultation with which the
negotiations must be conducted.
6.
On a proposal from the negotiator, the Council of Ministers shall adopt
a European decision
authorising the signing of the agreement and, if necessary, its
provisional application.
7.
The Council of Ministers shall adopt a European decision concluding the
agreement on a
proposal by the agreement negotiator.
Except where agreements relate exclusively to the common foreign and
security policy, the Council
of Ministers shall adopt the decision referred to in the first
subparagraph after consulting the
European Parliament. The European Parliament shall deliver its opinion
within a time-limit which
the Council of Ministers may lay down according to the urgency of the
matter. In the absence of an
opinion within that time-limit, the Council of Ministers may act.
The European Parliament's consent shall be required for:
(a)
association agreements;
(b)
Union accession to the European Convention for the Protection of Human
Rights and
Fundamental Freedoms;
(c)
agreements establishing a specific institutional framework by
organising cooperation
procedures;
(d)
agreements with important budgetary implications for the Union;
(e)
agreements covering fields to which the legislative procedure applies.
The European Parliament and the Council of Ministers may, in an urgent
situation, agree upon a
time-limit for consent.
8.
When concluding an agreement, the Council of Ministers may, by way of
derogation from
paragraphs 6, 7 and 10, authorise the negotiator to approve on the
Union's behalf modifications to
the agreement where it provides for them to be adopted by a simplified
procedure or by a body set
up by the agreement; the Council of Ministers may attach specific
conditions to such authorisation.
9.
The Council of Ministers shall act by a qualified majority throughout
the procedure. It shall
act unanimously when the agreement covers a field for which unanimity
is required for the adoption
of a Union act as well as for association agreements and for Union
accession to the
European Convention for the Protection of Human Rights and Fundamental
Freedoms.
10.
The Council of Ministers, on a proposal from the Union Minister for
Foreign Affairs or the
Commission, shall adopt a European decision suspending application of
an agreement and
establishing the positions to be adopted on the Union's behalf in a
body set up by an agreement,
when that body is called upon to adopt acts having legal effects, with
the exception of acts
supplementing or amending the institutional framework of the agreement.
11.
The European Parliament shall be immediately and fully informed at all
stages of the
procedure.
12.
A Member State, the European Parliament, the Council of Ministers or
the Commission may
obtain the opinion of the Court of Justice as to whether an agreement
envisaged is compatible with
the provisions of the Constitution. Where the opinion of the Court of
Justice is adverse, the
agreement envisaged may not enter into force unless it is amended or
the Constitution is revised in
accordance with the procedure laid down in Article IV-6.
Article III-228
1.
By way of derogation from Article III-227, the Council of Ministers,
acting unanimously on a
recommendation from the European Central Bank or from the Commission,
following consultation
with the European Central Bank with a view to reaching a consensus
compatible with the objective
of price stability and after consultation with the European Parliament,
in accordance with the
procedure laid down in paragraph 3 for the arrangements there referred
to, may conclude formal
agreements on a system of exchange rates for the euro in relation to
currencies other than those that are legal tender within the Union.
The Council of Ministers, acting by a qualified majority either on a
recommendation from the
Commission and after consulting the European Central Bank, or on a
recommendation from the
European Central Bank and in an endeavour to reach a consensus
consistent with the objective of
price stability, may adopt, adjust or abandon the central rates of the
euro within the exchange-rate system. The President of the Council of
Ministers shall inform the
European Parliament of the adoption, adjustment or abandonment of the
central rates of the euro.
2.
In the absence of an exchange-rate system in relation to one or more
currencies other than
those that are legal tender within the Union as referred to in
paragraph 1, the Council of Ministers, acting either on a
recommendation from the Commission and after
consulting the European Central Bank or on a recommendation from the
European Central Bank, may
formulate general orientations for exchange-rate policy in relation to
these currencies. These general
orientations shall be without prejudice to the primary objective of the
European System of Central
Banks, to maintain price stability.
3.
By way of derogation from Article III-227, where agreements on matters
relating to the
monetary or exchange-rate system are to be the subject of negotiations
between the Union and one
or more States or international organisations, the Council of
Ministers, acting on a recommendation
from the Commission and after consulting the European Central Bank,
shall decide the
arrangements for the negotiation and for the conclusion of the
agreements. These arrangements
shall ensure that the Union expresses a single position. The Commission
shall be fully associated
with the negotiations.
4.
Without prejudice to Union competence and agreements as regards
economic and monetary
union, Member States may negotiate in international bodies and conclude
international agreements.
CHAPTER VII. THE UNION'S RELATIONS WITH INTERNATIONAL
ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS
Article III-229
1.
The Union shall establish all appropriate forms of cooperation with the
United Nations, the
Council of Europe, the Organisation for Security and Cooperation in
Europe and the Organisation
for Economic Cooperation and Development.
2.
It shall also maintain such relations as are appropriate with other
international organisations.
3.
The Union Minister for Foreign Affairs and the Commission shall be
instructed to implement
this Article.
Article III-230
1.
Union delegations in third countries and to international organisations
shall represent the
Union.
2.
Union delegations shall operate under the authority of the Union
Minister for Foreign Affairs
and in close cooperation with Member States' diplomatic missions.
CHAPTER VIII. IMPLEMENTATION OF THE SOLIDARITY CLAUSE
Article III-231 1.
Acting on a joint proposal by the Commission and the Union Minister for
Foreign Affairs, the
Council of Ministers shall adopt a European decision defining the
arrangements for the
implementation of the solidarity clause referred to in Article I-42.
The European Parliament shall
be informed.
2.
Should a Member State fall victim to a terrorist attack or a natural or
man-made disaster, the
other Member States shall assist it at the request of its political
authorities. To that end, the
Member States shall coordinate between themselves in the Council of
Ministers.
3.
For the purposes of this Article, the Council of Ministers shall be
assisted by the Political and
Security Committee, with the support of the structures developed in the
context of the common
security and defence policy, and by the Committee provided for in
Article III-162, which shall, if
necessary, submit joint opinions.
4.
The European Council shall regularly assess the threats facing the
Union in order to enable
the Union to take effective action.
TITLE VI. THE FUNCTIONING OF THE UNION
CHAPTER I. PROVISIONS GOVERNING THE INSTITUTIONS
SECTION 1. THE INSTITUTIONS
Subsection 1. The European Parliament
Article III-232 1.
A European law or framework law of the Council of Ministers shall
establish the necessary measures for the election of the Members of the
European Parliament by
direct universal suffrage in
accordance with a uniform procedure in all Member States or in
accordance with principles
common to all Member States.
The Council of Ministers shall act unanimously on a proposal from and
after obtaining the consent
of the European Parliament, which shall act by a majority of its
component members. This law or
framework law shall not enter into force until it has been approved by
the Member States in
accordance with their respective constitutional requirements.
2.
A European law of the European Parliament shall lay down the
regulations and general
conditions governing the performance of the duties of its Members. The
European Parliament shall
act on its own initiative after seeking an opinion from the Commission
and with the approval of the
Council of Ministers. The Council of Ministers shall act unanimously on
all rules or conditions
relating to the taxation of Members or former Members.
3.
Throughout the 2004-2009 Parliament, the composition of the European
Parliament shall be
as set out in the Protocol on the representation of citizens in the
European Parliament.
Article III-233
A European law shall lay down the regulations governing political
parties at European level referred
to in Article I-45(4), and in particular the rules regarding their
funding.
Article III-234
The European Parliament may, acting by a majority of its component
Members, request the
Commission to submit any appropriate proposal on matters on which it
considers that a Union act is
required for the purpose of implementing the Constitution. If the
Commission does not submit a
proposal, it shall inform the European Parliament of the reasons.
Article III-235
In the course of its duties, the European Parliament may, at the
request of a quarter of its component Members, set up a temporary
Committee of Inquiry to investigate,
without prejudice to the powers conferred by the Constitution on other
institutions or bodies, alleged
contraventions or
maladministration in the implementation of Union law, except where the
alleged facts are being
examined before a court and while the case is still subject to legal
proceedings.
The temporary Committee of Inquiry shall cease to exist on the
submission of its report.
A European law of the European Parliament shall lay down the detailed
provisions governing the
exercise of the right of inquiry. The European Parliament shall act on
its own initiative after
obtaining the approval of the Council of Ministers and of the
Commission.
Article III-236
Any citizen of the Union, and any natural or legal person residing or
having its registered office in a Member State, shall have the right to
address, individually or in
association with other citizens or persons, a petition to the European
Parliament on a matter which comes
within the Union's fields of activity and which affects him directly.
Article III-237
1.
The European Parliament shall appoint a European Ombudsman. The
European Ombudsman
shall be empowered to receive complaints from any citizen of the Union
or any natural or legal
person residing or having its registered office in a Member State
concerning instances of
maladministration in the activities of the Union's institutions, bodies
or agencies, with the exception of the Court of Justice acting in its
judicial role.
In accordance with his or her duties, the European Ombudsman shall
conduct inquiries for which he
or she finds grounds, either on his or her own initiative or on the
basis of complaints submitted to him or her direct or through a Member
of the European Parliament,
except where the alleged facts
are or have been the subject of legal proceedings. Where the European
Ombudsman establishes an
instance of maladministration, he or she shall refer the matter to the
institution, body or agency
concerned, which shall have a period of three months in which to inform
him or her of its views.
The European Ombudsman shall then forward a report to the European
Parliament and the
institution, body or agency concerned. The person lodging the complaint
shall be informed of the
outcome of such inquiries.
The European Ombudsman shall submit an annual report
to the European Parliament on the
outcome of his or her inquiries.
2.
The European Ombudsman shall be appointed after each election of the
European Parliament
for the duration of its term of office. The European Ombudsman shall be
eligible for
reappointment.
The European Ombudsman may be dismissed by the Court of Justice at the
request of the
European Parliament if he or she no longer fulfils the conditions
required for the performance of his or her duties or if he or she is
guilty of serious misconduct.
3.
The European Ombudsman shall be completely independent in the
performance of his or her
duties. In the performance of those duties he or she shall neither seek
nor take instructions from
any body. The European Ombudsman may not, during his or her term of
office, engage in any
other occupation, whether gainful or not.
4.
A European law of the European Parliament shall lay down the
regulations and general conditions governing the performance of the
European Ombudsman's
duties. The European Parliament shall act on its own initiative after
seeking an opinion
from the Commission and with the approval of the Council of Ministers.
Article III-238
The European Parliament shall hold an annual session. It shall meet,
without requiring to be
convened, on the second Tuesday in March.
The European Parliament may meet in extraordinary part-session at the
request of a majority of its
component Members or at the request of the Council of Ministers or of
the Commission.
Article III-239
1.
The Commission may attend all meetings of the European Parliament and
shall, at its request,
be heard.
The Commission shall reply orally or in writing to questions put to it
by the European Parliament or by its Members.
2.
The European Council and the Council of Ministers shall be heard by the
European
Parliament in accordance with the conditions laid down in the
procedural rules of the European
Council and the Rules of Procedure of the Council of Ministers.
Article III-240
Save as otherwise provided in the Constitution, the European Parliament
shall act by a majority of
the votes cast. The Rules of Procedure shall determine the quorum.
Article III-241
The European Parliament shall adopt its Rules of Procedure, acting by a
majority of its component
Members.
The proceedings of the European Parliament shall be published in the
manner laid down in the
Constitution and its Rules of Procedure.
Article III-242
The European Parliament shall discuss in open session the annual
general report submitted to it by
the Commission.
Article III-243
If a motion of censure on the activities of the Commission is tabled
before it, the European Parliament shall not vote thereon until at
least three days
after the motion has been tabled and only by open vote.
If the motion of censure is carried by a two-thirds majority of the
votes cast, representing a majority of the component Members of the
European Parliament, the Commission
shall resign. It shall
continue to deal with current business until it is replaced in
accordance with Articles I-25 and I-26.
In this case, the term of office of the Commission appointed to replace
it shall expire on the date on which the term of office of the
Commission which was obliged to resign
would have expired.
Subsection 2. The European Council
Article III-244
1.
Where a vote is taken, any member of the European Council may also act
on behalf of not
more than one other member.
Abstentions by members present in person or represented shall not
prevent the adoption by the
European Council of decisions which require unanimity.
2.
The President of the European Parliament may be invited to be heard by
the European
Council.
3.
The European Council shall establish its procedural rules by a simple
majority. The European
Council shall be assisted by the General Secretariat of the Council of
Ministers.
Subsection 3. The Council of Ministers
Article III-245
1.
The Council of Ministers shall meet when convened by its President on
his or her own
initiative, or at the request of one of its members or of the
Commission.
2.
The European Council shall adopt by unanimity a European decision
establishing the rules
governing the rotation of the Presidency of the formations of the
Council of Ministers.
Article III-246
1.
Where a vote is taken, any member of the Council of Ministers may also
act on behalf of not
more than one other member.
2.
Where it is required to act by a simple majority, the Council of
Ministers shall act by a
majority of its members.
3.
Abstentions by members present in person or represented shall not
prevent the adoption by
the Council of Ministers of acts which require unanimity.
Article III-247
1.
A committee consisting of the Permanent Representatives of the Member
States shall be
responsible for preparing the work of the Council of Ministers and for
carrying out the tasks
assigned to it by the latter. The Committee may adopt procedural
decisions in cases provided for in
the Rules of Procedure of the Council of Ministers.
2.
The Council of Ministers shall be assisted by a General Secretariat,
under the responsibility of
a Secretary-General appointed by the Council of Ministers.
The Council of Ministers shall decide on the organisation of the
General Secretariat by a
simple majority.
3.
The Council of Ministers shall act by a simple majority regarding
procedural matters and for
the adoption of its Rules of Procedure.
Article III-248
The Council of Ministers, acting by a simple majority, may request the
Commission to undertake
any studies the Council of Ministers considers desirable for the
attainment of the common
objectives, and to submit to it any appropriate proposals. If the
Commission does not submit a
proposal, it shall inform the Council of Ministers of the reasons.
Article III-249
The Council of Ministers shall adopt European decisions laying down the
rules governing the
committees provided for in the Constitution. It shall act by a simple
majority after consulting the
Commission.
Subsection 4. The Commission
Article III-250
European Commissioners and Commissioners shall be appointed for a
period of five years, subject,
if need be, to Article III-243. Only nationals of Member States may be
European Commissioners or
Commissioners.
Article III-251
European Commissioners and Commissioners shall refrain from any action
incompatible with their
duties. Each Member State undertakes to respect this principle and not
to seek to influence the
European Commissioners and Commissioners in the performance of their
tasks.
European Commissioners and Commissioners may not, during their term of
office, engage in any
other occupation, whether gainful or not. When entering upon their
duties they shall give a solemn
undertaking that, both during and after their term of office, they will
respect the obligations arising therefrom and in particular their duty
to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold
office, of certain
appointments or benefits. In the event of any breach of these
obligations, the Court of Justice may, on
application by the Council of Ministers, acting by a simple majority,
or the Commission, rule that
the person concerned be,
according to the circumstances, either compulsorily retired in
accordance with Article III-253 or
deprived of his or her right to a pension or other benefits in its
stead.
Article III-252
1.
Apart from normal replacement, or death, the duties of a European
Commissioner or
Commissioner shall end when he or she resigns or is compulsorily
retired. A European
Commissioner or Commissioner shall resign if the President so requests.
2.
A vacancy caused by resignation, compulsory retirement or death shall
be filled for the
remainder of the European Commissioner or Commissioner's term of office
by a new European
Commissioner or Commissioner appointed by the President of the
Commission in accordance with
Articles I-25 and I-26.
3.
In the event of resignation, compulsory retirement or death, the
President shall be replaced for
the remainder of his or her term of office in accordance with Article
I-26(1).
4.
In the case of the resignation of all European Commissioners and
Commissioners, they shall
remain in office until they have been replaced, for the remainder of
their term of office, in
accordance with Articles I-25 and I-26.
Article III-253
If any European Commissioner or Commissioner no longer fulfils the
conditions required for the
performance of his or her duties or if he or she has been guilty of
serious misconduct, the Court
of Justice may, on application by the Council of Ministers, acting by a
simple majority, or by
the Commission, compulsorily retire him or her.
Article III-254
The responsibilities incumbent upon the Commission shall be structured
and allocated among its
members by its President, in accordance with Article I-26(3) of the
Constitution. The President
may reshuffle the allocation of those responsibilities during the
Commission's term of office.
European Commissioners and Commissioners shall carry out the duties
devolved upon them by the
President under his or her authority.
Article III-255
The Commission shall act by a majority of the members of the College.
The Rules of Procedure
shall determine the quorum.
Article III-256
The Commission shall adopt its Rules of Procedure so as to ensure both
its own operation and that
of its departments. It shall ensure that these rules are published.
Article III-257
The Commission shall publish annually, not later than one month before
the opening of the session
of the European Parliament, a general report on the activities of the
Union.
Subsection 5. The Court of Justice
Article III-258
The European Court of Justice shall sit in chambers, as a Grand Chamber
or as a full Court, in
accordance with the Statute of the Court of Justice.
Article III-259
The European Court of Justice shall be assisted by eight
Advocates-General. Should the European
Court of Justice so request, the Council of Ministers may, acting
unanimously, adopt a European
decision to increase the number of Advocates-General.
It shall be the duty of the Advocate-General, acting with complete
impartiality and independence, to make, in open court, reasoned
submissions on cases which, in accordance
with the Statute of the
Court of Justice, require his or her involvement.
Article III-260
The Judges and Advocates-General of the European Court of Justice shall
be chosen from persons
whose independence is beyond doubt and who possess the qualifications
required for appointment
to the highest judicial offices in their respective countries or who
are jurisconsults of recognised competence; they shall be appointed by
common accord of the governments
of the Member States after consulting the panel provided for in Article
III-262.
Every three years there shall be a partial replacement of the Judges
and Advocates-General,
in accordance with the conditions laid down in the Statute of the Court
of Justice.
The Judges shall elect the President of the European Court of Justice
from among their number for a
term of three years. He or she may be re-elected.
The European Court of Justice shall adopt its Rules of Procedure. Those
Rules shall require the
approval of the Council of Ministers.
Article III-261
The number of Judges of the High Court shall be determined by the
Statute of the Court of Justice.
The Statute may provide for the High Court to be assisted by
Advocates-General.
The members of the High Court shall be chosen from
persons whose independence is beyond doubt
and who possess the ability required for appointment to high judicial
office. They shall be
appointed by common accord of the governments of the Member States
after consultation of the
panel provided for in Article III-262.
The membership of the High Court shall be partially renewed every three
years. Retiring members
may be reappointed.
The Judges shall elect the President of the High Court from among their
number for a term of three
years. He or she may be re-elected.
The High Court shall establish its Rules of Procedure in agreement with
the European
Court of Justice. The Rules shall be subject to the approval of the
Council of Ministers.
Unless the Statute of the Court of Justice provides otherwise, the
provisions of the Constitution
relating to the European Court of Justice shall apply to the High Court.
Article III-262
A panel shall be set up in order to give an opinion on candidates'
suitability to perform the duties of Judge and Advocate-General of the
European Court of Justice and the
High Court before the
governments of the Member States take the decisions referred to in
Articles III-260 and III-261.
The panel shall comprise seven persons chosen from among former members
of the European Court
of Justice and the High Court, members of national supreme courts and
lawyers of recognised
competence, one of whom shall be proposed by the European Parliament.
The Council of Ministers
shall adopt a European decision establishing the panel's operating
rules and a European decision
appointing its members. It shall act on the initiative of the President
of the European Court of
Justice.
Article III-263
1.
The High Court shall have jurisdiction to hear and determine at first
instance actions or
proceedings referred to in Articles III-270, III-272, III-275, III-277
and III-279, with the exception of those assigned to a specialised
court and those reserved in the
Statute for the European Court of Justice. The Statute may provide for
the High Court to have
jurisdiction for other classes of action or proceeding.
Decisions given by the High Court under this paragraph may be subject
to a right of appeal to the
European Court of Justice on points of law only, under the conditions
and within the limits laid
down by the Statute of the Court of Justice.
2.
The High Court shall have jurisdiction to hear and determine actions or
proceedings brought
against decisions of the specialised courts set up under Article
III-264.
Decisions given by the High Court under this
paragraph may exceptionally be subject to review by
the European Court of Justice, under the conditions and within the
limits laid down by the Statute,
where there is a serious risk of the unity or consistency of Union law
being affected.
3.
The High Court shall have jurisdiction to hear and determine questions
referred for a
preliminary ruling under Article III-274, in specific areas laid down
by the Statute of the Court of Justice.
Where the High Court considers that the case requires a decision of
principle likely to affect the
unity or consistency of Union law, it may refer the case to the
European Court of Justice for a
ruling.
Decisions given by the High Court on questions referred for a
preliminary ruling may exceptionally
be subject to review by the European Court of Justice, under the
conditions and within the limits
laid down by the Statute, where there is a serious risk of the unity or
consistency of Union law
being affected.
Article III-264
1.
European laws may establish specialised courts attached to the High
Court to hear and
determine at first instance certain classes of action or proceeding
brought in specific areas. They
shall be adopted either on a proposal from the Commission after
consultation of the Court of Justice or at the request of the Court of
Justice after consultation of the
Commission.
2.
The European law establishing a specialised court shall lay down the
rules on the organisation
of the court and the extent of the jurisdiction conferred upon it.
3.
Decisions given by specialised courts may be subject to a right of
appeal on points of law only
or, when provided for in the European law establishing the specialised
court, a right of appeal also on matters of fact, before the High Court.
4.
The members of the specialised courts shall be chosen from persons
whose independence is
beyond doubt and who possess the ability required for appointment to
judicial office. They shall be
appointed by the Council of Ministers, acting unanimously.
5.
The specialised courts shall establish their Rules of Procedure in
agreement with the
Court of Justice. Those Rules shall require the approval of the Council
of Ministers.
6.
Unless the European law establishing the specialised court provides
otherwise, the provisions
of the Constitution relating to the Court of Justice and the provisions
of the Statute of the
Court of Justice shall apply to the specialised courts.
Article III-265
If the Commission considers that a Member State has failed to fulfil an
obligation under the
Constitution, it shall deliver a reasoned opinion on the matter after
giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the
period laid down by the
Commission, the latter may bring the matter before the Court of Justice.
Article III-266
A Member State which considers that another Member State has failed to
fulfil an obligation under
the Constitution may bring the matter before the Court of Justice.
Before a Member State brings an action against another Member State for
an alleged infringement
of an obligation under the Constitution, it shall bring the matter
before the Commission.
The Commission shall deliver a reasoned opinion after each of the
States concerned has been given
the opportunity to submit its own case and its observations on the
other party's case both orally and in writing.
If the Commission has not delivered an opinion within three months of
the date on which the matter
was brought before it, the absence of such opinion shall not prevent
the matter from being brought
before the Court of Justice.
Article III-267
1.
If the Court of Justice finds that a Member State has failed to fulfil
an obligation under the
Constitution, the State shall be required to take the necessary
measures to comply with the judgment of the Court of Justice.
2.
If the Commission considers that the Member State concerned has not
taken the necessary
measures to comply with the Court's judgment, it may bring the case
before the Court of Justice
after giving that State the opportunity to submit its observations. It
shall specify the amount of the lump sum or penalty payment to be paid
by the Member State concerned
which it considers
appropriate in the circumstances.
If the Court of Justice finds that the Member State concerned has not
complied with its judgment it
may impose a lump sum or penalty payment on it.
This procedure shall be without prejudice to Article III-266.
3.
When the Commission brings a case before the Court of Justice pursuant
to Article III-265 on
the grounds that the State concerned has failed to fulfil its
obligations to notify measures
transposing a European framework law, it may, when it deems
appropriate, request that, in the
course of the same proceedings, the Court of Justice impose the payment
of a lump sum or penalty
if the Court finds that there has been such a failure. If the Court of
Justice complies with the
Commission's request, the payment in question shall take effect within
the time limit laid down by
the Court of Justice in its judgment.
Article III-268
European laws and European regulations of the Council of Ministers may
give the Court of Justice
unlimited jurisdiction with regard to the penalties provided for in
them.
Article III-269
Without prejudice to the other provisions of the Constitution, a
European law may confer on the
Court of Justice, to the extent that it shall determine, jurisdiction
in disputes relating to the
application of acts adopted on the basis of the Constitution which
create European intellectual
property rights.
Article III-270
1.
The Court of Justice shall review the legality of European laws and
framework laws, of acts
of the Council of Ministers, of the Commission and of the European
Central Bank, other than
recommendations and opinions, and of acts of the European Parliament
intended to produce legal
effects vis-à-vis third parties. It shall also review the
legality of acts of bodies or agencies of the Union intended to produce
legal effects vis-à-vis third parties.
2.
It shall for this purpose have jurisdiction in actions brought by a
Member State, the
European Parliament, the Council of Ministers or the Commission on
grounds of lack of
competence, infringement of an essential procedural requirement,
infringement of the Constitution
or of any rule of law relating to its application, or misuse of powers.
3.
The Court of Justice shall have jurisdiction under the same conditions
in actions brought by
the Court of Auditors, by the European Central Bank and by the
Committee of the Regions for the
purpose of protecting their prerogatives.
4.
Any natural or legal person may, under the same conditions, institute
proceedings against an
act addressed to that person or which is of direct and individual
concern to him or her, and against a regulatory act which is of direct
concern to him or her and does not
entail implementing measures.
5.
Acts setting up bodies and agencies of the Union may lay down specific
conditions and
arrangements concerning actions brought by natural or legal persons
against acts of these bodies or
agencies intended to produce legal effects.
6.
The proceedings provided for in this Article shall be instituted within
two months of the
publication of the act, or of its notification to the plaintiff, or, in
the absence thereof, of the day on which it came to the knowledge of
the latter, as the case may be.
Article III-271
If the action is well founded the Court of Justice shall declare the
act concerned to be void.
However, the Court of Justice shall, if it considers this necessary,
state which of the effects of the act which it has declared void shall
be considered as definitive.
Article III-272
Should the European Parliament, the Council of Ministers, the
Commission or the European Central
Bank, in infringement of the Constitution, fail to act, the Member
States and the other Institutions of the Union may bring an action
before the Court of Justice to have the
infringement established.
This provision shall apply, under the same conditions, to bodies and
agencies of the Union which
fail to act.
The action shall be admissible only if the Institution, body or agency
concerned has first been called upon to act. If, within two months of
being so called upon, the
Institution, agency or body
concerned has not defined its position, the action may be brought
within a further period of
two months.
Any natural or legal person may, under the conditions laid down in the
preceding paragraphs,
complain to the Court of Justice that an Institution, body or agency of
the Union has failed to
address to that person any act other than a recommendation or an
opinion.
Article III-273
The Institution or Institutions, body or agency whose act has been
declared void, or whose failure to act has been declared contrary to
the Constitution, shall be required
to take the necessary measures to comply with the judgment of the Court
of Justice.
This obligation shall not affect any obligation which may result from
the application of the
second paragraph of Article III-337.
Article III-274
The Court of Justice shall have jurisdiction to give preliminary
rulings concerning:
(a)
the interpretation of the Constitution;
(b)
the validity and interpretation of acts of the Institutions of the
Union.
Where such a question is raised before any court or tribunal of a
Member State, that court or
tribunal may, if it considers that a decision on the question is
necessary to enable it to give
judgment, request the Court of Justice to give a ruling thereon.
Where any such question is raised in a case pending before a court or
tribunal of a Member State
against whose decisions there is no judicial remedy under national law,
that court or tribunal shall bring the matter before the Court of
Justice.
If such a question is raised in a case pending before a court or
tribunal of a Member State with
regard to a person in custody, the Court of Justice shall act with the
minimum of delay.
Article III-275
The Court of Justice shall have jurisdiction in disputes relating to
compensation for damage
provided for in the second paragraph of Article III-337.
Article III-276
At the request of the Member State concerned by a determination made by
the European Council or
the Council of Ministers pursuant to Article I-58, the European Court
of Justice shall have
jurisdiction solely on the procedural stipulations contained in that
Article. The Court shall rule
within one month from the date of that determination.
Article III-277
The Court of Justice shall have jurisdiction in any dispute between the
Union and its servants within the limits and under the conditions laid
down in the Staff Regulations
of Officials and the
Conditions of Employment of other servants of the Union.
Article III-278
The Court of Justice shall, within the limits hereinafter laid down,
have jurisdiction in disputes
concerning:
(a)
the fulfilment by Member States of obligations under the Statute of the
European Investment
Bank. In this connection, the Board of Directors of the Bank shall
enjoy the powers conferred
upon the Commission by Article III-265;
(b)
measures adopted by the Board of Governors of the European Investment
Bank. In this
connection, any Member State, the Commission or the Board of Directors
of the Bank may
institute proceedings under the conditions laid down in Article III-270;
(c)
measures adopted by the Board of Directors of the European Investment
Bank. Proceedings
against such measures may be instituted only by Member States or by the
Commission,
under the conditions laid down in Article III-270, and solely on the
grounds of
non-compliance with the procedure provided for in Article 21(2), (5),
(6) and (7) of the
Statute of the Bank;
(d)
the fulfilment by national central banks of obligations under the
Constitution and the Statute
of the European System of Central Banks and the European Central Bank.
In this connection,
the powers of the Council of the European Central Bank in respect of
national central banks
shall be the same as those conferred upon the Commission in respect of
Member States by
Article III-265. If the Court of Justice finds that a national central
bank has failed to fulfil an
obligation under the Constitution, that bank shall be required to take
the necessary measures
to comply with the judgment of the Court of Justice.
Article III-279
The Court of Justice shall have jurisdiction to give judgment pursuant
to any arbitration clause
contained in a contract concluded by or on behalf of the Union, whether
that contract be governed
by public or private law.
Article III-280
The Court of Justice shall have jurisdiction in any dispute between
Member States which relates to
the subject matter of the Constitution if the dispute is submitted to
it under a special agreement
between the parties.
Article III-281
Save where jurisdiction is conferred on the Court of Justice by the
Constitution, disputes to which
the Union is a party shall not on that ground be excluded from the
jurisdiction of the courts or
tribunals of the Member States.
Article III-282
The Court of Justice shall not have jurisdiction with respect to
Articles I-39 and I-40 and the
provisions of Chapter II of Title V of Part III concerning the common
foreign and security policy.
However, the Court of Justice shall have jurisdiction to rule on
proceedings reviewing the legality
of restrictive measures against natural or legal persons, adopted by
the Council on the basis of
Article III-224, and brought in accordance with the conditions laid
down in Article III-270(4).
Article III-283
In exercising its competences regarding the provisions of Sections 4
and 5 of Chapter IV of Title III concerning the area of freedom,
security and justice, the Court of
Justice shall have no jurisdiction to review the validity or
proportionality of operations carried out by
the police or other law-enforcement services of a Member State or the
exercise of the
responsibilities incumbent upon Member States with regard to the
maintenance of law and order and the
safeguarding of internal
security, where such action is a matter of national law.
Article III-284
Member States undertake not to submit a dispute concerning the
interpretation or application of the
Constitution to any method of settlement other than those provided for
therein.
Article III-285
Notwithstanding the expiry of the period laid down in Article
III-270(6), any party may, in
proceedings in which a European law or a European regulation of the
Council of Ministers, of the
Commission, or of the European Central Bank is at issue, plead the
grounds specified in
Article III-270(2) in order to invoke before the Court of Justice the
inapplicability of that act.
Article III-286
Actions brought before the Court of Justice shall not have suspensory
effect. The Court of Justice
may, however, if it considers that circumstances so require, order that
application of the contested act be suspended.
Article III-287
The Court of Justice may in any cases before it prescribe any necessary
interim measures.
Article III-288
The judgments of the Court of Justice shall be enforceable under the
conditions laid down in
Article III-307.
Article III-289
The Statute of the Court of Justice shall be laid down in a Protocol.
A European law may amend the provisions of the Statute, with the
exception of Title I and
Article 64. It shall be adopted either at the request of the Court of
Justice and after consultation of the Commission, or on a proposal from
the Commission and after
consultation of the
Court of Justice.
Subsection 6. The Court of Auditors
Article III-290
1.
The Court of Auditors shall examine the accounts of all revenue and
expenditure of the
Union. It shall also examine the accounts of all revenue and
expenditure of all bodies set up by the
Union insofar as the relevant constituent instrument does not preclude
such examination.
The Court of Auditors shall provide the European Parliament and the
Council of Ministers with a
statement of assurance as to the reliability of the accounts and the
legality and regularity of the
underlying transactions which shall be published in the Official
Journal of the European Union.
This statement may be supplemented by specific assessments for each
major area of Union activity.
2.
The Court of Auditors shall examine whether all revenue has been
received and all
expenditure incurred in a lawful and regular manner and whether the
financial management has
been sound. In doing so, it shall report in particular on any cases of
irregularity.
The audit of revenue shall be carried out on the basis both of the
amounts established as due and the amounts actually paid to the Union.
The audit of expenditure shall be carried out on the basis both of
commitments undertaken and
payments made.
These audits may be carried out before the closure of accounts for the
financial year in question. 3.
The audit shall be based on records and, if necessary, performed on the
spot in the other
Institutions, on the premises of any body which manages revenue or
expenditure on behalf of the
Union and in the Member States, including on the premises of any
natural or legal person in receipt
of payments from the budget. In the Member States the audit shall be
carried out in liaison with
national audit bodies or, if these do not have the necessary powers,
with the competent national
departments. The Court of Auditors and the national audit bodies of the
Member States shall
cooperate in a spirit of trust while maintaining their independence.
These bodies or departments
shall inform the Court of Auditors whether they intend to take part in
the audit.
The other Institutions, any bodies managing revenue or expenditure on
behalf of the Union, any
natural or legal person in receipt of payments from the budget, and the
national audit bodies or, if
these do not have the necessary powers, the competent national
departments, shall forward to the
Court of Auditors, at its request, any document or information
necessary to carry out its task.
In respect of the European Investment Bank's activity
in managing Union expenditure and revenue,
rights of access by the Court of Auditors to information held by the
Bank shall be governed by an
agreement between the Court, the Bank and the Commission. In the
absence of an agreement, the
Court shall nevertheless have access to information necessary for the
audit of Union expenditure
and revenue managed by the Bank. 4.
The Court of Auditors shall draw up an annual report after the close of
each financial year. It
shall be forwarded to the other Institutions and shall be published,
together with the replies of these Institutions to the observations of
the Court of Auditors, in the Official
Journal of the
European Union.
The Court of Auditors may also, at any time, submit observations,
particularly in the form of special reports, on specific questions and
deliver opinions at the request of
one of the other Institutions.
It shall adopt its annual reports, special reports or opinions by a
majority of its Members. However, it may establish internal chambers in
order to adopt certain categories
of reports or opinions under the conditions laid down by its Rules of
Procedure.
It shall assist the European Parliament and the Council of Ministers in
exercising their powers of
control over the implementation of the budget.
The Court of Auditors shall adopt its Rules of Procedure. Those rules
shall require the approval of
the Council of Ministers.
Article III-291
1.
The Members of the Court of Auditors shall be chosen from among persons
who belong or
have belonged in their respective countries to external audit bodies or
who are especially qualified for this office. Their independence must
be beyond doubt.
2.
The Members of the Court of Auditors shall be appointed for a term of
six years. Their
term of office shall be renewable. The Council of Ministers shall adopt
a European decision
establishing the list of Members drawn up in accordance with the
proposals made by each
Member State. It shall act after consulting the European Parliament.
The Members of the Court of Auditors shall elect their President from
among their number for a
term of three years. He or she may be re-elected.
3.
The Members of the Court of Auditors shall, in the Union's general
interest, be completely
independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take
instructions from any
government or from any other body. They shall refrain from any action
incompatible with their
duties.
4.
The Members of the Court of Auditors may not, during their term of
office, engage in any
other occupation, whether gainful or not. When entering upon their
duties they shall give a solemn
undertaking that, both during and after their term of office, they will
respect the obligations arising therefrom and in particular their duty
to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold
office, of certain
appointments or benefits.
5.
Apart from normal replacement, or death, the duties of a Member of the
Court of Auditors
shall end when he or she resigns, or is compulsorily retired by a
ruling of the Court of Justice
pursuant to paragraph 6.
The vacancy thus caused shall be filled for the remainder of the
Member's term of office.
Save in the case of compulsory retirement, Members of the Court of
Auditors shall remain in office
until they have been replaced.
6.
A Member of the Court of Auditors may be deprived of his or her office
or of his or her right
to a pension or other benefits in its stead only if the Court of
Justice, at the request of the Court of Auditors, finds that he or she
no longer fulfils the requisite
conditions or meets the obligations arising from his or her office.
SECTION 2. THE UNION'S ADVISORY BODIES
Subsection 1. The Committee of the
Regions
Article III-292
The number of members of the Committee of the Regions shall not exceed
350. The Council
of Ministers shall unanimously adopt a European decision determining
the Committee's
composition.
The members of the Committee and an equal number of alternate members
shall be appointed for
five years. Their term of office shall be renewable.
The Council of Ministers shall adopt the European decision establishing
the list of members and
alternate members drawn up in accordance with the proposals made by
each Member State.
When the mandate referred to in Article I-31(2) on the basis of which
they were proposed comes to
an end, the term of office of members of the Committee shall terminate
automatically and they shall
then be replaced for the remainder of the said term of office in
accordance with the same procedure.
No member of the Committee shall at the same time be a Member of the
European Parliament.
Article III-293
The Committee of the Regions shall elect its chairman and officers from
among its members for a
term of two and a half years.
It shall adopt its Rules of Procedure.
The Committee shall be convened by its chairman at the request of the
European Parliament, of the
Council of Ministers or of the Commission. It may also meet on its own
initiative.
Article III-294
The Committee of the Regions shall be consulted by the European
Parliament, by the Council
of Ministers or by the Commission where the Constitution so provides
and in all other cases, in
particular those which concern cross-border cooperation, in which one
of these Institutions
considers it appropriate.
The European Parliament, the Council of Ministers or the Commission
shall, if it considers it
necessary, set the Committee, for the submission of its opinion, a
time-limit which may not be less
than one month from the date on which the chairman receives
notification to this effect. Upon
expiry of the time-limit, the absence of an opinion shall not prevent
further action.
Where the Economic and Social Committee is consulted
pursuant to Article III-298, the Committee
of the Regions shall be informed by the European Parliament, the
Council of Ministers or the
Commission of the request for an opinion. It may issue an opinion on
its own initiative in cases in
which it considers such action appropriate.
The opinion of the Committee, together with a record of the
proceedings, shall be forwarded to the
European Parliament, to the Council of Ministers and to the Commission.
Subsection 2. The Economic and Social
Committee
Article III-295
The number of members of the Economic and Social Committee shall not
exceed 350. The Council
of Ministers shall unanimously adopt a European decision determining
the Committee's composition.
Article III-296
The members of the Economic and Social Committee shall be appointed for
five years. Their term
of office shall be renewable. The Council of Ministers shall adopt the
European decision
establishing the list of members drawn up in accordance with the
proposals made by each Member
State.
The Council of Ministers shall act after consulting the Commission. It
may obtain the opinion of
European bodies which are representative of the various economic and
social sectors and of civil
society to which the Union's activities are of concern.
Article III-297
The Economic and Social Committee shall elect its chairman and officers
from among its members
for a term of two and a half years.
It shall adopt its Rules of Procedure.
It shall be convened by its chairman at the request of the European
Parliament, of
the Council of Ministers or of the Commission. It may also meet on its
own initiative.
Article III-298
The Economic and Social Committee must be consulted by the European
Parliament, by the
Council of Ministers or by the Commission where the Constitution so
provides. In all other cases, it may be consulted by these
Institutions. It may also issue an opinion on
its own initiative.
The European Parliament, the Council of Ministers or the Commission
shall, if it considers it
necessary, set the Committee, for the submission of its opinion, a
time-limit which may not be
less than one month from the date on which the chairman receives
notification to this effect. Upon
expiry of the time-limit, the absence of an opinion shall not prevent
further action.
The opinion of the Committee together with a record of the proceedings
shall be forwarded to the
European Parliament, to the Council of Ministers and to the Commission.
SECTION 3. THE EUROPEAN INVESTMENT BANK
Article III-299
The European Investment Bank shall have legal personality.
The members of the European Investment Bank shall be the Member States.
The Statute of the European Investment Bank is laid down in a Protocol.
European laws may
amend Articles 4, 11 and 12 and Article 18(5) of the Statute of the
Bank, either at the request of the European Investment Bank and after
consultation of the Commission, or
on a proposal from the
Commission and after consultation of the European Investment Bank.
Article III-300
The task of the European Investment Bank shall be to contribute, by
having recourse to the capital
market and utilising its own resources, to the balanced and steady
development of the internal
market in the Union's interest. For this purpose the Bank shall,
operating on a non-profit-making
basis, grant loans and give guarantees which facilitate the financing
of the following projects in all sectors of the economy:
(a)
projects for developing less-developed regions;
(b)
projects for modernising or converting undertakings or for developing
fresh activities called
for by the progressive establishment of the internal market, where
these projects are of such a
size or nature that they cannot be entirely financed by the various
means available in the
individual Member States;
(c)
projects of common interest to several Member States which are of such
a size or nature that
they cannot be entirely financed by the various means available in the
individual Member
States.
In carrying out its task, the Bank shall facilitate the financing of
investment programmes in
conjunction with assistance from the Structural Funds and other Union
financial instruments.
SECTION 4. PROVISIONS COMMON TO UNION
INSTITUTIONS, BODIES AND AGENCIES
Article III-301
1.
Where, pursuant to the Constitution, the Council of Ministers acts on a
proposal from the
Commission, unanimity shall be required for an act constituting an
amendment to that proposal,
subject to Articles I-54, III-302(10) and (13), and III-310.
2.
As long as the Council of Ministers has not acted, the Commission may
alter its proposal at
any time during the procedures leading to the adoption of a Union act.
Article III-302
1.
Where, pursuant to the Constitution, European laws or framework laws
are adopted under the
ordinary legislative procedure the following provisions shall apply.
2.
The Commission shall submit a proposal to the European Parliament and
the Council
of Ministers.
First reading
3.
The European Parliament shall adopt its position at first reading and
communicate it to the
Council of Ministers.
4.
If the Council of Ministers approves the European Parliament's
position, the proposed act
shall be adopted.
5.
If the Council of Ministers does not approve the European Parliament's
position, it shall adopt
its position at first reading and communicate it to the European
Parliament.
6.
The Council of Ministers shall inform the European Parliament fully of
the reasons which led
it to adopt its position at first reading. The Commission shall inform
the European Parliament fully of its position.
Second reading
7.
If, within three months of such communication, the European Parliament
(a)
approves the position of the Council of Ministers at first reading or
has not taken a decision,
the proposed act shall be deemed to have been adopted;
(b)
rejects, by a majority of its component members, the position of the
Council of Ministers at
first reading, the proposed act shall be deemed not to have been
adopted;
(c)
proposes, by a majority of its component members, amendments to the
position of the Council
of Ministers at first reading, the text thus amended shall be forwarded
to the Council of
Ministers and to the Commission, which shall deliver an opinion on
those amendments.
8.
If, within three months of receiving the European Parliament's
amendments, the Council of
Ministers, acting by a qualified majority,
(a)
approves all those amendments, the act in question shall be deemed to
have been adopted;
(b)
does not approve all the amendments, the President of the Council of
Ministers, in agreement
with the President of the European Parliament, shall within six weeks
convene a meeting of
the Conciliation Committee.
9.
The Council of Ministers shall act unanimously on the amendments on
which the Commission has delivered a negative opinion.
Conciliation
10.
The Conciliation Committee, which shall be composed of the members of
the Council of Ministers or their representatives and an equal number
of members
representing the European Parliament, shall have the task of reaching
agreement on a
joint text, by a qualified majority of the members of the Council of
Ministers or their
representatives and by a majority of the members representing the
European Parliament within six weeks of
its being convened, on the basis of the positions of the Parliament and
the Council of Ministers
at second reading.
11.
The Commission shall take part in the Conciliation Committee's
proceedings and shall take all
the necessary initiatives with a view to reconciling the positions of
the European Parliament and the Council of Ministers.
12.
If, within six weeks of its being convened, the Conciliation Committee
does not approve the
joint text, the proposed act shall be deemed not to have been adopted.
Third reading
13.
If, within that period, the Conciliation Committee approves a joint
text, the European Parliament, acting by a majority of the votes cast,
and the
Council of Ministers, acting by a qualified majority, shall each have a
period of
six weeks from that date in which to adopt the act in question in
accordance with the joint text.
If they fail to do so, the proposed act shall be deemed not to have
been adopted.
14.
The periods of three months and six weeks referred to in this Article
shall be extended by a
maximum of one month and two weeks respectively at the initiative of
the European Parliament or
the Council of Ministers.
Special provisions
15.
Where, in the cases specifically provided for in the Constitution, a
law or framework law is
submitted to the ordinary legislative procedure on the initiative of a
group of Member States, on a
recommendation by the European Central Bank, or at the request of the
Court of Justice or the
European Investment Bank, paragraph 2, the second sentence of paragraph
6, and paragraph 9 shall
not apply.
The European Parliament and the Council of Ministers
shall communicate the proposed act to the
Commission with their positions at first and second readings.
The European Parliament or the Council of Ministers may request the
opinion of the Commission
throughout the procedure. The Commission also may deliver an opinion on
its own initiative. It
may, if it deems it necessary, take part in the Conciliation Committee
on the terms laid down in
paragraph 11.
Article III-303
The European Parliament, the Council of Ministers and the Commission
shall consult each other
and by common agreement make arrangements for their cooperation. To
that end, they may,
in compliance with the Constitution, conclude interinstitutional
agreements which may be of a
binding nature.
Article III-304
1.
In carrying out their missions, the Institutions, bodies and agencies
of the Union shall have the
support of an open, efficient and independent European administration.
2.
Without prejudice to Article III-332, European laws shall establish
specific provisions to that
end.
Article III-305
1.
The Institutions, bodies and agencies of the Union shall recognise the
importance of
transparency in their work and shall, in application of Article I-49,
lay down in their rules of
procedure the specific provisions for public access to documents. The
Court of Justice and the
European Central Bank shall be subject to the provisions of Article
I-49(3) when exercising their
administrative tasks.
2.
The European Parliament and the Council of Ministers shall ensure
publication of the
documents relating to the legislative procedures.
Article III-306
1.
The Council of Ministers shall adopt European regulations and decisions
determining:
(a)
the salaries, allowances and pensions of the President of the European
Council, the President
of the Commission, the Union Minister for Foreign Affairs, the European
Commissioners and
Commissioners, the President, Members and Registrar of the European
Court of Justice and
the Members and Registrar of the High Court.
(b)
the conditions of employment, in particular the salaries, allowances
and pensions, of the
President and Members of the Court of Auditors.
It shall also determine any payment to be made instead of remuneration.
2.
The Council of Ministers shall adopt European regulations and decisions
determining the
allowances of the Members of the Economic and Social Committee.
Article III-307
Acts of the Council of Ministers, of the Commission or of the European
Central Bank which impose
a pecuniary obligation on persons other than States shall be
enforceable.
Enforcement shall be governed by the rules of civil procedure in force
in the Member State in the
territory of which it is carried out. The order for its enforcement
shall be appended to the decision, without other formality than
verification of the authenticity of the
decision, by the national authority which the government of each Member
State shall designate for this
purpose and shall make known to the Commission and the Court of Justice.
When these formalities have been completed on application by the party
concerned, the latter
may proceed to enforcement by bringing the matter directly before the
competent authority in
accordance with the national law.
Enforcement may be suspended only by a decision of the Court of
Justice. However, the courts of
the country concerned shall have jurisdiction over complaints that
enforcement is being carried out
in an irregular manner.
CHAPTER II. FINANCIAL PROVISIONS
SECTION 1. THE MULTIANNUAL
FINANCIAL FRAMEWORK
Article III-308
1.
The multiannual financial framework shall be established for a period
of at least five years
in accordance with Article I-54.
2.
The financial framework shall fix the amounts of the annual ceilings on
commitment
appropriations by category of expenditure and of the annual ceiling on
payment appropriations.
The categories of expenditure, few in number, shall correspond to the
Union's major sectors of
activity.
3.
The financial framework shall lay down any other provisions required
for the annual
budgetary procedure to run smoothly.
4.
Where no European law of the Council of Ministers establishing a new
financial framework
has been adopted by the end of the previous financial framework, the
ceilings and other provisions
corresponding to the last year of that framework shall be extended
until such time as that law is
adopted.
5.
Throughout the procedure leading to the adoption of the financial
framework, the
European Parliament, the Council of Ministers and the Commission shall
take any measure
necessary to facilitate the successful completion of the procedure.
SECTION 2. THE UNION'S ANNUAL BUDGET
Article III-309
The financial year shall run from 1 January to 31 December.
Article III-310
European laws shall establish the Union's annual budget in accordance
with the following provisions:
1.
Each Institution shall, before 1 July, draw up estimates of its
expenditure. The Commission
shall consolidate these estimates in a draft budget. It shall attach
thereto an opinion which may
contain different estimates.
The draft budget shall contain an estimate of revenue and an estimate
of expenditure.
The Commission may amend the draft budget during the procedure until
such time as the
Conciliation Committee, referred to in paragraph 5 below, is convened.
2.
The Commission shall submit the draft budget to the European Parliament
and to the Council
of Ministers not later than 1 September of the year preceding that in
which the budget is to be
implemented.
3.
The Council of Ministers shall adopt its position on the draft budget
and forward it to the
European Parliament not later than 1 October of the year preceding that
in which the budget is to be
implemented. The Council of Ministers shall inform the European
Parliament fully of the reasons
which led it to adopt its position.
4.
If, within forty-two days of such communication, the European
Parliament:
(a)
approves the position of the Council of Ministers or has not taken a
decision, the European
budget law shall be deemed to have been adopted;
(b)
proposes amendments to the position of the Council of Ministers by a
majority of its
component members, the amended text shall be forwarded to the Council
of Ministers and to
the Commission. The President of the European Parliament, in agreement
with the President
of the Council of Ministers, shall immediately convene a meeting of the
Conciliation
Committee.
If, within ten days, the Council of Ministers informs the European
Parliament that it has approved
all its amendments, the Conciliation Committee shall not meet.
5.
The Conciliation Committee, which shall be composed of the members of
the Council
of Ministers or their representatives and an equal number of members
representing the
European Parliament, shall have the task of reaching agreement on a
joint text, by a qualified
majority of the members of the Council of Ministers or their
representatives and by a majority of
the members representing the European Parliament within twenty-one days
of its being convened,
on the basis of the positions of the European Parliament and the
Council of Ministers.
6.
The Commission shall take part in the Conciliation Committee's
proceedings and shall take all
the necessary initiatives with a view to reconciling the positions of
the European Parliament and
the Council of Ministers.
7.
If, within the twenty-one days referred to in paragraph 5, the
Conciliation Committee
approves a joint text, the European Parliament, acting by a majority of
the votes cast, and the
Council of Ministers, acting by a qualified majority, shall each have a
period of fourteen days from that date in which to adopt the joint text.
8.
If, within the twenty-one days referred to in paragraph 5, the
Conciliation Committee does not
approve a joint text or if the Council of Ministers rejects the joint
text, the Parliament may, within fourteen days, acting by a majority of
its component members and three
fifths of the votes cast, confirm its amendments. Where the Parliament
amendment is not
confirmed, the position of the
Council of Ministers on the budget item which is the subject of the
amendment shall be deemed to
be adopted.
However, if the Parliament, acting by a majority of its component
members and three fifths of the
votes cast, rejects the joint text, it may ask for a new draft budget
to be submitted.
9.
When the procedure provided for in this Article has been completed, the
President of the
European Parliament shall declare that the European budget law has been
finally adopted.
Article III-311
1.
If no European budget law has been adopted at the beginning of a
financial year, a sum equivalent to not more than one twelfth of the
budget appropriations
entered in the European budget law for the preceding financial year may
be spent each month in respect
of any chapter or other subdivision of the budget in accordance with
the provisions of the
European law referred to in Article III-318; this arrangement shall
not, however, have the effect
of placing at the disposal of the Commission appropriations in excess
of one twelfth of those provided
for in the draft budget under
consideration.
2.
The Council of Ministers, on a proposal by the Commission and in
compliance with the other
conditions laid down in paragraph 1, may adopt a European decision
authorising expenditure in
excess of one twelfth. The Council of Ministers shall forward the
decision immediately to the
European Parliament.
The European decision shall lay down the necessary
measures relating to resources to ensure
application of this Article.
It shall enter into force thirty days following its adoption if the
European Parliament, acting by a majority of its component members, has
not decided to reduce this
expenditure within that
time-limit.
Article III-312
In accordance with the conditions laid down by the European law
referred to in Article III-318, any
appropriations, other than those relating to staff expenditure, that
are unexpended at the end of the financial year may be carried forward
to the next financial year only.
Appropriations shall be classified under different chapters grouping
items of expenditure according
to their nature or purpose and subdivided in accordance with the
European law referred to in Article III-318.
The expenditure of the European Parliament, the Council of Ministers,
the Commission and the
Court of Justice shall be set out in separate parts of the budget,
without prejudice to special
arrangements for certain common items of expenditure.
SECTION 3. IMPLEMENTATION OF THE
BUDGET AND DISCHARGE
Article III-313
The Commission shall implement the budget in cooperation with the
Member States, in accordance
with the European law referred to in Article III-318, on its own
responsibility and within the limits of the appropriations allocated,
having regard to the principles of
sound financial management.
Member States shall cooperate with the Commission to ensure that the
appropriations are used in
accordance with those principles.
The European law referred to in Article III-318 shall establish the
control and audit obligations of the Member States in the
implementation of the budget and the resulting
responsibilities.
The European law referred to in Article III-318 shall establish the
responsibilities and detailed rules for each Institution concerning its
part in effecting its own
expenditure.
The Commission may, subject to the limits and conditions laid down by
the European law referred
to in Article III-318, make transfers of appropriations between
chapters or between subdivisions
within the budget.
Article III-314
The Commission shall submit annually to the European Parliament and to
the Council of Ministers
the accounts of the preceding financial year relating to the
implementation of the budget. The
Commission shall also forward to them a financial statement of the
Union's assets and liabilities.
The Commission shall also submit to the European Parliament and to the
Council of Ministers an
evaluation report on the Union's finances based on the results
achieved, in particular in relation to the indications given by the
European Parliament and the Council of
Ministers pursuant to Article III-315.
Article III-315
1.
The European Parliament, on a recommendation from the Council of
Ministers, shall give a
discharge to the Commission in respect of the implementation of the
budget. To this end, the
Council of Ministers and the European Parliament in turn shall examine
the accounts, the financial
statement and the evaluation report referred to in Article III-314, the
annual report by the Court of Auditors together with the replies of the
Institutions under audit to
the observations of the Court of Auditors, the statement of assurance
referred to in the second
subparagraph of Article III-290(1) and any relevant special reports by
the Court of Auditors.
2.
Before giving a discharge to the Commission, or for any other purpose
in connection with the
exercise of its powers over the implementation of the budget, the
European Parliament may ask to
hear the Commission give evidence with regard to the execution of
expenditure or the operation of
financial control systems. The Commission shall submit any necessary
information to the
European Parliament at the latter's request.
3.
The Commission shall take all appropriate steps to act on the
observations in the decisions
giving discharge and on other observations by the European Parliament
relating to the execution of
expenditure, as well as on comments accompanying the recommendations on
discharge adopted by
the Council of Ministers.
4.
At the request of the European Parliament or the Council of Ministers,
the Commission shall
report on the measures taken in the light of these observations and
comments and in particular on
the instructions given to the departments which are responsible for the
implementation of the
budget. These reports shall also be forwarded to the Court of Auditors.
SECTION 4. COMMON PROVISIONS
Article III-316
The multiannual financial framework and the annual budget shall be
drawn up in euro.
Article III-317
The Commission may, provided it notifies the competent authorities of
the Member States
concerned, transfer into the currency of one of the Member States its
holdings in the currency of
another Member State, to the extent necessary to enable them to be used
for purposes which come
within the scope of the Constitution. The Commission shall as far as
possible avoid making such
transfers if it possesses cash or liquid assets in the currencies which
it needs.
The Commission shall deal with each Member State concerned through the
authority designated by
that State. In carrying out financial operations the Commission shall
employ the services of the
bank of issue of the Member State concerned or of any other financial
institution approved by that
State.
Article III-318
1.
European laws shall:
(a)
lay down the financial rules which determine in particular the
procedure to be adopted for
establishing and implementing the budget and for presenting and
auditing accounts;
(b)
lay down rules concerning the responsibility of financial controllers,
authorising officers and
accounting officers.
They shall be adopted after consultation of the Court of Auditors.
2.
The Council of Ministers shall, on a proposal from the Commission,
adopt a European
regulation laying down the methods and procedure whereby the budget
revenue provided under the
arrangements relating to the Union's own resources shall be made
available to the Commission, and
the measures to be applied, if need be, to meet cash requirements. The
Council of Ministers shall
act after consulting the European Parliament and the Court of Auditors.
3.
The Council of Ministers shall act unanimously until 1 January 2007 in
all the cases referred
to by this Article.
Article III-319
The European Parliament, the Council of Ministers and the Commission
shall ensure that the
financial means are made available to allow the Union to fulfil its
legal obligations in respect of
third parties.
Article III-320
Regular meetings between the Presidents of the European Parliament, the
Council of Ministers and
the Commission shall be convened on the initiative of the Commission
under the budgetary
procedures referred to in this Chapter. The Presidents shall take all
the necessary steps to promote consultation and the reconciliation of
the Institutions' positions to
facilitate the implementation of the provisions of this Chapter.
SECTION 5. COMBATING FRAUD
Article III-321
1.
The Union and the Member States shall counter fraud and any other
illegal activities affecting
the Union's financial interests through measures adopted in accordance
with this Article. These
measures shall act as a deterrent and be such as to afford effective
protection in the Member States.
2.
Member States shall take the same steps to counter fraud affecting the
Union's financial
interests as they take to counter fraud affecting their own financial
interests.
3.
Without prejudice to other provisions of the Constitution, the Member
States shall coordinate
their action aimed at protecting the Union's financial interests
against fraud. To this end they shall organise, together with the
Commission, close and regular cooperation
between the competent
authorities.
4.
European laws or framework laws shall lay down the necessary measures
in the fields of the
prevention of and fight against fraud affecting the Union's financial
interests with a view to
affording effective and equivalent protection in the Member States.
They shall be adopted after
consultation of the Court of Auditors.
5.
The Commission, in cooperation with Member States, shall each year
submit to the
European Parliament and to the Council of Ministers a report on the
measures and provisions
adopted for the implementation of this Article.
CHAPTER III. ENHANCED COOPERATION
Article III-322
Any enhanced cooperation proposed shall comply with the Union's
Constitution and law.
Such cooperation shall not undermine the internal market or economic,
social and territorial
cohesion. It shall not constitute a barrier to or discrimination in
trade between Member States, nor shall it distort competition between
them.
Article III-323
Any enhanced cooperation proposed shall respect the competences, rights
and obligations of those
Member States which do not participate in it. Those Member States shall
not impede its
implementation by the participating Member States.
Article III-324
1.
When enhanced cooperation is being established, it shall be open to all
Member States,
subject to compliance with any conditions of participation laid down by
the European authorising
decision. It shall also be open to them at any other time, subject to
compliance with the acts already adopted within that framework, in
addition to any such conditions.
The Commission and the Member States participating in enhanced
cooperation shall ensure that
they facilitate participation by as many Member States as possible.
2.
The Commission and, where appropriate, the Union Minister for Foreign
Affairs shall keep all
members of the Council of Ministers and the European Parliament
regularly informed regarding
developments in enhanced cooperation.
Article III-325
1.
Member States which wish to establish enhanced cooperation between
themselves in one of the areas covered by the Constitution, with the
exception of the common
foreign and security policy, shall address a request to the Commission,
specifying the scope
and objectives of the enhanced cooperation proposed. The Commission may
submit a proposal to
the Council of Ministers to that effect. In the event of the Commission
not submitting
a proposal, it shall inform the Member States concerned of the reasons
for not doing so.
Authorisation to proceed with enhanced cooperation shall be granted by
a European decision of the
Council of Ministers, acting on a proposal from the Commission and
after obtaining the consent of
the European Parliament. 2.
In the framework of the common foreign and security policy, the request
of the Member
States which wish to establish enhanced cooperation between themselves
shall be addressed to the
Council of Ministers. It shall be forwarded to the Union Minister for
Foreign Affairs, who shall
give an opinion on whether the enhanced cooperation is consistent with
the Union's common
foreign and security policy, and to the Commission, which shall give
its opinion in particular on
whether the enhanced cooperation proposed is consistent with other
Union policies. It shall also be
forwarded to the European Parliament for information.
Authorisation to proceed with enhanced cooperation shall be granted by
a European decision of the
Council of Ministers.
Article III-326
1.
Any Member State which wishes to participate in enhanced cooperation in
one of the areas referred to in Article III-325(1) shall notify its
intention to the
Council of Ministers and the
Commission.
The Commission shall, within four months of the date of receipt of the
notification, confirm the
participation of the Member State concerned. It shall note where
necessary that any conditions of
participation have been fulfilled and shall adopt any transitional
measures deemed necessary with
regard to the application of the acts already adopted within the
framework of enhanced cooperation.
However, if the Commission considers that any conditions of
participation have not been fulfilled, it shall indicate the
arrangements to be adopted to fulfil those
conditions and shall set a deadline for re-examining the request for
participation. It shall re-examine the
request, in accordance with the procedure set out in the preceding
subparagraph. If the Commission
considers that any conditions of participation have still not been met,
the Member State concerned
may refer the matter to the Council of Ministers, which shall act in
accordance with Article
I-43(3). The Council of Ministers may also adopt the transitional
measures referred to in the second
subparagraph on a proposal from the Commission.
2.
Any Member State which wishes to participate in enhanced cooperation in
the framework of
the common foreign and security policy shall notify its intention to
the Council of Ministers, the
Union Minister for Foreign Affairs and the Commission.
The Council of Ministers shall confirm the participation of the Member
State concerned, after
consulting the Union Minister for Foreign Affairs. It shall note where
necessary that any conditions
of participation have been fulfilled. The Council of Ministers, on a
proposal from the Union
Minister for Foreign Affairs, may also adopt any transitional measures
deemed necessary with
regard to the application of the acts already adopted within the
framework of enhanced cooperation.
However, if the Council of Ministers considers that any conditions of
participation have not been
fulfilled, it shall indicate the arrangements to be adopted to fulfil
those conditions and shall set a deadline for re-examining the request
for participation.
For the purposes of this paragraph, the Council of Ministers shall act
in accordance with Article I-43(3).
Article III-327
Expenditure resulting from implementation of enhanced cooperation,
other than administrative
costs entailed for the Institutions, shall be borne by the
participating Member States, unless all
members of the Council of Ministers, acting unanimously after
consulting the European Parliament,
decide otherwise.
Article III-328
Where a provision of the Constitution which may be applied in the
context of enhanced cooperation
stipulates that the Council of Ministers shall act unanimously, the
Council of Ministers, acting
unanimously in accordance with the arrangements laid down in Article
I-43(3), may, on its own
initiative, decide to act by qualified majority.
Where a provision of the Constitution which may be applied in the
context of enhanced cooperation
stipulates that the Council of Ministers shall adopt European laws or
framework laws under a
special legislative procedure, the Council of Ministers, acting
unanimously in accordance with the
arrangements laid down in Article I-43(3), may, on its own initiative,
decide to act under the
ordinary legislative procedure. The Council of Ministers shall act
after consulting the European
Parliament.
Article III-329
The Council of Ministers and the Commission shall ensure the
consistency of activities undertaken
in the context of enhanced cooperation and the consistency of such
activities with the policies of the Union, and shall cooperate to that
end.
TITLE VII. COMMON PROVISIONS
Article III-330
Taking account of the structural economic and social situation of the
French overseas departments,
the Azores, Madeira and the Canary Islands, which is compounded by
their remoteness, insularity,
small size, difficult topography and climate, economic dependence on a
few products, the
permanence and combination of which severely restrain their
development, the Council of
Ministers, on a proposal from the Commission, shall adopt European
regulations and decisions
aimed, in particular, at laying down the conditions of application of
the Constitution to those
regions, including common policies. It shall act after consulting the
European Parliament.
The measures referred to in the first paragraph concern in particular
areas such as customs and trade policies, fiscal policy, free zones,
agriculture and fisheries
policies, conditions for supply of raw materials and essential consumer
goods, State aids and conditions of
access to structural funds and to horizontal Union programmes.
The Council of Ministers shall adopt the measures referred to in the
first paragraph taking into
account the special characteristics and constraints of the outermost
regions without undermining the integrity and the coherence of the
Union legal order, including the
internal market and common
policies.
Article III-331
The Constitution shall in no way prejudice the rules in Member States
governing the system of
property ownership.
Article III-332
In each of the Member States, the Union shall enjoy the most extensive
legal capacity accorded to
legal persons under their laws; it may, in particular, acquire or
dispose of movable and immovable
property and may be a party to legal proceedings. To this end, the
Union shall be represented by
the Commission. However, it shall be represented by each of the
Institutions, by virtue of their
administrative autonomy, in matters relating to their respective
operation.
Article III-333
The Staff Regulations of officials and the Conditions of Employment of
other servants of the Union
shall be laid down by a European law. It shall be adopted after
consultation of the Institutions
concerned.
Article III-334
The Commission may, within the limits and under conditions laid down by
a European regulation or
decision adopted by a simple majority by the Council of Ministers,
collect any information and
carry out any checks required for the performance of the tasks
entrusted to it.
Article III-335
1.
Without prejudice to Article 5 of the Protocol on the Statute of the
European System of
Central Banks and of the European Central Bank, measures for the
production of statistics shall be
laid down by a European law or framework law where necessary for the
performance of the Union's
activities.
2.
The production of statistics shall conform to impartiality,
reliability, objectivity, scientific
independence, cost-effectiveness and statistical confidentiality; it
shall not entail excessive burdens on economic operators.
Article III-336
The members of the Union's Institutions, the members of committees, and
the officials and other
servants of the Union shall be required, even after their duties have
ceased, not to disclose
information of the kind covered by the obligation of professional
secrecy, in particular information about undertakings, their business
relations or their cost components.
Article III-337
The Union's contractual liability shall be governed by the law
applicable to the contract in question.
In the case of non-contractual liability, the Union shall, in
accordance with the general principles common to the laws of the Member
States, make good any damage caused by
its Institutions or by its servants in the performance of their duties.
The second paragraph shall apply under the same conditions to damage
caused by the European
Central Bank or by its servants in the performance of their duties.
The personal liability of its servants towards the Union shall be
governed by the provisions laid
down in their Staff Regulations or in the Conditions of Employment
applicable to them.
Article III-338
The seat of the Union's Institutions shall be determined by common
accord of the governments of
the Member States.
Article III-339
The Council of Ministers shall adopt unanimously a European regulation
laying down the rules
governing the languages of the Union's Institutions, without prejudice
to the Statute of the Court of Justice.
Article III-340
The Union shall enjoy in the territories of the Member States such
privileges and immunities as are
necessary for the performance of its tasks, under the conditions laid
down in the Protocol of
8 April 1965 on the privileges and immunities of the European
Communities. The same shall apply
to the European Central Bank and the European Investment Bank.
Article III-341
The rights and obligations arising from agreements concluded before 1
January 1958 or, for
acceding States, before the date of their accession, between one or
more Member States on the one
hand, and one or more third countries on the other, shall not be
affected by the Constitution.
To the extent that such agreements are not compatible with the
Constitution, the Member State or
States concerned shall take all appropriate steps to eliminate the
incompatibilities established.
Member States shall, where necessary, assist each other to this end and
shall, where appropriate,
adopt a common attitude.
In applying the agreements referred to in the first paragraph, Member
States shall take into account the fact that the advantages accorded
under the Constitution by each
Member State form an integral part of the Union and are thereby
inseparably linked with the creation
of common Institutions, the conferring of powers upon them and the
granting of the same advantages
by all the other Member States.
Article III-342 1.
The Constitution shall not preclude the application of the following
rules:
(a)
no Member State shall be obliged to supply information the disclosure
of which it considers
contrary to the essential interests of its security;
(b)
any Member State may take such steps as it considers necessary for the
protection of the
essential interests of its security which are connected with the
production of or trade in arms,
munitions and war material; such steps shall not adversely affect the
conditions of
competition in the internal market regarding products which are not
intended for specifically
military purposes.
2.
The Council of Ministers, on a proposal from the Commission, may
unanimously adopt a
European decision making changes to the list, which it drew up on 15
April 1958, of the products to
which the provisions of paragraph 1(b) apply.
PART IV. GENERAL AND FINAL PROVISIONS
Article IV-1. The symbols of the Union
(*)
The flag of the Union shall be a circle of twelve golden stars on a
blue background.
The anthem of the Union shall be based on the Ode to Joy from the Ninth
Symphony by
Ludwig van Beethoven.
The motto of the Union shall be: United in diversity.
The currency of the Union shall be the euro.
9 May shall be celebrated throughout the Union as Europe day.
(*) The Convention considers that this Article would be better situated
in
Part I.
Article IV-2. Repeal of earlier
Treaties
The Treaty establishing the European Community, the Treaty on European
Union and the acts and
treaties which have supplemented or amended them and are listed in the
Protocol annexed to the
Treaty establishing the Constitution shall be repealed as from the date
of entry into force of the
Treaty establishing the Constitution.
Article IV-3. Legal continuity in
relation to the European Community and the European
Union
The European Union shall succeed to all the rights and obligations of
the European Community and
of the Union, whether internal or resulting from international
agreements, which arose before the
entry into force of the Treaty establishing the Constitution by virtue
of previous treaties, protocols and acts, including all the assets and
liabilities of the Community and
of the Union, and their archives.
The provisions of the acts of the Institutions of the Union, adopted by
virtue of the treaties and acts mentioned in the first paragraph, shall
remain in force under the
conditions laid down in the
Protocol annexed to the Treaty establishing the Constitution. The
case-law of the Court of Justice
of the European Communities shall be maintained as a source of
interpretation of Union law.
Article IV-4. Scope
1.
The Treaty establishing the Constitution shall apply to the Kingdom of
Belgium, the Kingdom
of Denmark, the Federal Republic of Germany, the Hellenic Republic, the
Kingdom of Spain, the
French Republic, Ireland, the Italian Republic, the Grand Duchy of
Luxembourg, the Kingdom of
the Netherlands, the Republic of Austria, the Portuguese Republic, the
Republic of Finland, the
Kingdom of Sweden, the United Kingdom of Great Britain and Northern
Ireland, ...
2.
The Treaty establishing the Constitution shall apply to the French
overseas departments,
the Azores, Madeira and the Canary Islands in accordance with Article
III-329 of Part III.
3.
The special arrangements for association set out in Title IV of Part
III of the Treaty
establishing the Constitution shall apply to the overseas countries and
territories listed in
Annex II to the TEC.
The Treaty establishing the Constitution shall not apply to overseas
countries and territories having
special relations with the United Kingdom of Great Britain and Northern
Ireland which are not
included in that list.
4.
The Treaty establishing the Constitution shall apply to the European
territories for whose
external relations a Member State is responsible.
5.
The Treaty establishing the Constitution shall apply to the Åland
Islands in accordance with
the provisions set out in Protocol 2 to the Act concerning the
conditions of accession of the
Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
6.
Notwithstanding the preceding paragraphs:
(a)
the Treaty establishing the Constitution shall not apply to the Faeroe
Islands;
(b)
the Treaty establishing the Constitution shall not apply to the
sovereign base areas of the
United Kingdom of Great Britain and Northern Ireland in Cyprus;
(c)
the Treaty establishing the Constitution shall apply to the Channel
Islands and the Isle of Man
only to the extent necessary to ensure the implementation of the
arrangements for those
islands set out in the Treaty concerning the accession of new Member
States to the European
Economic Community and to the European Atomic Energy Community, signed
on
22 January 1972.
Article IV-5. Regional unions
The Treaty establishing the Constitution shall not preclude the
existence or completion of
regional unions between Belgium and Luxembourg, or between Belgium,
Luxembourg and
the Netherlands, to the extent that the objectives of these regional
unions are not attained by
application of the said Treaty.
Article IV-6. Protocols
The protocols annexed to this Treaty shall form an integral part
thereof.
Article IV-7
Procedure for revising
the Treaty establishing the Constitution
1.
The government of any Member State, the European Parliament or the
Commission may
submit to the Council of Ministers proposals for the amendment of the
Treaty establishing the
Constitution. The national Parliaments of the Member States shall be
notified of these proposals.
2.
If the European Council, after consulting the European Parliament and
the Commission,
adopts by a simple majority a decision in favour of examining the
proposed amendments, the
President of the European Council shall convene a Convention composed
of representatives of the
national Parliaments of the Member States, of the Heads of State or
Government of the Member
States, of the European Parliament and of the Commission. The European
Central Bank shall also
be consulted in the case of institutional changes in the monetary area.
The European Council may
decide by a simple majority, after obtaining the consent of the
European Parliament, not to convene
the Convention should this not be justified by the extent of the
proposed amendments. In the latter
case, the European Council shall define the terms of reference for the
conference of representatives of the governments of the Member States.
The Convention shall examine the proposals for amendments and shall
adopt by consensus a
recommendation to the conference of representatives of the governments
of the Member States
provided for in paragraph 3.
3.
The conference of representatives of the governments of the Member
States shall be convened
by the President of the Council of Ministers for the purpose of
determining by common accord the
amendments to be made to the Treaty establishing the Constitution.
The amendments shall enter into force after being ratified by all the
Member States in accordance
with their respective constitutional requirements.
4.
If, two years after the signature of the treaty amending the Treaty
establishing the
Constitution, four fifths of the Member States have ratified it and one
or more Member States have
encountered difficulties in proceeding with ratification, the matter
shall be referred to the European Council.
Article IV-8. Adoption, ratification
and entry into force of the Treaty establishing
the Constitution
1.
The Treaty establishing the Constitution shall be ratified by the High
Contracting Parties
in accordance with their respective constitutional requirements. The
instruments of ratification
shall be deposited with the Government of the Italian Republic.
2.
The Treaty establishing the Constitution shall enter into force on
...., provided that all the
instruments of ratification have been deposited, or, failing that, on
the first day of the month
following the deposit of the instrument of ratification by the last
signatory State to take this step.
Article IV-9. Duration
The Treaty establishing the Constitution is concluded for an unlimited
period.
Article IV-10. Languages (*)
The Treaty establishing the Constitution, drawn up in a single original
in the Danish, Dutch,
English, Finnish, French, German, Greek, Irish, Italian, Portuguese,
Spanish, Swedish, Czech,
Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and
Slovenian languages, the
texts in each of these languages being equally authentic, shall be
deposited in the archives of the
Government of the Italian Republic, which will transmit a certified
copy to each of the governments
of the other signatory States.
(*) To be adjusted in accordance with the Act of Accession.
PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN
UNION
THE HIGH CONTRACTING PARTIES,
RECALLING that the way in which individual national Parliaments
scrutinise their own governments in relation to the activities of the
Union is a matter for
the particular constitutional organisation and practice of each Member
State,
DESIRING, however, to encourage greater involvement of national
Parliaments in the activities of
the European Union and to enhance their ability to express their views
on legislative proposals as
well as on other matters which may be of particular interest to them,
HAVE AGREED UPON the following provisions, which shall be annexed to
the Constitution:
I. Information for Member States' national Parliaments
1.
All Commission consultation documents (green and white papers and
communications)
shall be forwarded directly by the Commission to Member States'
national Parliaments
upon publication. The Commission shall also send Member States'
national Parliaments
the annual legislative programme as well as any other instrument of
legislative planning
or policy strategy that it submits to the European Parliament and to
the Council of
Ministers, at the same time as to those Institutions.
2.
All legislative proposals sent to the European Parliament and to the
Council of
Ministers shall simultaneously be sent to Member States' national
Parliaments.
3.
Member States' national Parliaments may send to the Presidents of the
European
Parliament, the Council of Ministers and the Commission a reasoned
opinion on
whether a legislative proposal complies with the principle of
subsidiarity, according to
the procedure laid down in the Protocol on the application of the
principles of
subsidiarity and proportionality.
4.
A six-week period shall elapse between a legislative proposal being
made available by
the Commission to the European Parliament, the Council of Ministers and
the Member
States' national Parliaments in the official languages of the European
Union and the date
when it is placed on an agenda for the Council of Ministers for its
adoption or for
adoption of a position under a legislative procedure, subject to
exceptions on grounds of
urgency, the reasons for which shall be stated in the act or position
of the Council of
Ministers. Save in urgent cases for which due reasons have been given,
no agreement
may be established on a legislative proposal during those six weeks. A
ten-day period
shall elapse between the placing of a proposal on the agenda for the
Council of
Ministers and the adoption of a position of the Council of Ministers.
5.
The agendas for and the outcome of meetings of the Council of Ministers,
including the
minutes of meetings where the Council of Ministers is deliberating on
legislative
proposals, shall be transmitted directly to Member States' national
Parliaments, at the
same time as to Member States' governments.
6.
When the European Council intends to make use of the provision of
Article I-24(4),
first subparagraph of the Constitution, national Parliaments shall be
informed in
advance.
When the European Council intends to make use of the provision of
Article I-24(4),
second subparagraph of the Constitution, national Parliaments shall be
informed at least
four months before any decision is taken.
7.
The Court of Auditors shall send its annual report to Member States'
national
Parliaments, for information, at the same time as to the European
Parliament and to the
Council of Ministers.
8.
In the case of bicameral national Parliaments, these provisions shall
apply to both
chambers.
II. Interparliamentary cooperation
9.
The European Parliament and the national Parliaments shall together
determine how
interparliamentary cooperation may be effectively and regularly
organised and
promoted within the European Union.
10.
The Conference of European Affairs Committees may submit any
contribution it deems
appropriate for the attention of the European Parliament, the Council
of Ministers and
the Commission. That Conference shall in addition promote the exchange
of
information and best practice between Member States' Parliaments and
the European
Parliament, including their special committees. The Conference may also
organise
interparliamentary conferences on specific topics, in particular to
debate matters of
common foreign and security policy and of common security and defence
policy.
Contributions from the Conference shall in no way bind national
Parliaments or
prejudge their positions.
PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY
AND PROPORTIONALITY
THE HIGH CONTRACTING PARTIES,
WISHING to ensure that decisions are taken as closely as possible to
the citizens of the Union,
RESOLVED to establish the conditions for the application of the
principles of subsidiarity and
proportionality, as enshrined in Article I-9 of the Constitution, and
to establish a system for
monitoring the application of those principles by the Institutions,
HAVE AGREED UPON the following provisions, which shall be annexed to
the Constitution:
1.
Each Institution shall ensure constant respect for the principles of
subsidiarity and
proportionality, as laid down in Article I-9 of the Constitution.
2.
Before proposing legislative acts, the Commission shall consult widely.
Such consultations
shall, where appropriate, take into account the regional and local
dimension of the action
envisaged. In cases of exceptional urgency, the Commission shall not
conduct such
consultations. It shall give reasons for the decision in its proposal.
3.
The Commission shall send all its legislative proposals and its amended
proposals to
the national Parliaments of the Member States at the same time as to
the Union legislator.
Upon adoption, legislative resolutions of the European Parliament and
positions of the
Council of Ministers shall be sent to the national Parliaments of the
Member States.
4.
The Commission shall justify its proposal with regard to the principles
of subsidiarity and
proportionality. Any legislative proposal should contain a detailed
statement making it
possible to appraise compliance with the principles of subsidiarity and
proportionality.
This statement should contain some assessment of the proposal's
financial impact and, in the
case of a framework law, of its implications for the rules to be put in
place by Member States,
including, where necessary, the regional legislation. The reasons for
concluding that a Union
objective can be better achieved at Union level must be substantiated
by qualitative and,
wherever possible, quantitative indicators. The Commission shall take
account of the need
for any burden, whether financial or administrative, falling upon the
Union, national
governments, regional or local authorities, economic operators and
citizens, to be minimised
and commensurate with the objective to be achieved.
5.
Any national Parliament or any chamber of a national Parliament of a
Member State may,
within six weeks from the date of transmission of the Commission's
legislative proposal, send
to the Presidents of the European Parliament, the Council of Ministers
and the Commission a
reasoned opinion stating why it considers that the proposal in question
does not comply with
the principle of subsidiarity. It will be for each national Parliament
or each chamber of a
national Parliament to consult, where appropriate, regional parliaments
with legislative
powers.
6.
The European Parliament, the Council of Ministers and the Commission
shall take account of
the reasoned opinions issued by Member States' national Parliaments or
by a chamber of a
national Parliament.
The national Parliaments of Member States with unicameral Parliamentary
systems shall have
two votes, while each of the chambers of a bicameral Parliamentary
system shall have one
vote.
Where reasoned opinions on a Commission proposal's
non-compliance with the principle of
subsidiarity represent at least one third of all the votes allocated to
the Member States'
national Parliaments and their chambers, the Commission shall review
its proposal.
This threshold shall be at least a quarter in the case of a Commission
proposal or an initiative
emanating from a group of Member States under the provisions of Article
III-165 of the
Constitution on the area of freedom, security and justice.
After such review, the Commission may decide to maintain, amend or
withdraw its proposal.
The Commission shall give reasons for its decision.
7.
The Court of Justice shall have jurisdiction to hear actions on grounds
of infringement of the
principle of subsidiarity by a legislative act, brought in accordance
with the rules laid down in
Article III-270 of the Constitution by Member States, or notified by
them in accordance with
their legal order on behalf of their national Parliament or a chamber
of it.
In accordance with the same Article of the Constitution, the Committee
of the Regions may
also bring such actions as regards legislative acts for the adoption of
which the Constitution
provides that it be consulted.
8.
The Commission shall submit each year to the European Council, the
European Parliament,
the Council of Ministers andthe national Parliaments of the
Member Statesa report on the
application of Article I-9 of the Constitution. This annual report
shall also be forwarded to
the Committee of the Regions and to the Economic and Social Committee.
PROTOCOL ON THE REPRESENTATION OF CITIZENS IN THE EUROPEAN
PARLIAMENT AND THE WEIGHTING OF VOTES IN THE EUROPEAN COUNCIL
AND THE COUNCIL OF MINISTERS
THE HIGH CONTRACTING PARTIES,
HAVE ADOPTED the following provisions, which shall be annexed to the
Treaty establishing a
Constitution for Europe:
ARTICLE 1. Provisions concerning the European Parliament
1.
Throughout the 2004-2009 parliamentary term, the number of
representatives elected to the
European Parliament in each Member State shall be as follows:
Belgium 24
Czech Republic 24
Denmark 14
Germany 99
Estonia 6
Greece 24
Spain 54
France 78
Ireland 13
Italy 78
Cyprus 6
Latvia 9
Lithuania 13
Luxembourg 6
Hungary 24
Malta 5
Netherlands 27
Austria 18
Poland 54
Portugal 24
Slovenia 7
Slovakia 14
Finland 14
Sweden 19
United Kingdom 78
ARTICLE 2. Provisions concerning the weighting of votes in
the European Council and the Council of Ministers
1.
The following provisions shall remain in force until 1 November 2009,
without prejudice to
Article I-24 of the Constitution.
For deliberations of the European Council and of the Council of
Ministers requiring a qualified majority, members' votes shall be
weighted as follows:
Belgium 12
Czech Republic 12
Denmark 7
Germany 29
Estonia 4
Greece 12
Spain 27
France 29
Ireland 7
Italy 29
Cyprus 4
Latvia 4
Lithuania 7
Luxembourg 4
Hungary 12
Malta 3
Netherlands 13
Austria 10
Poland 27
Portugal 12
Slovenia 4
Slovakia 7
Finland 7
Sweden 10
United Kingdom 29
Decisions shall be adopted if there are at least 232 votes in favour
representing a majority of
the members where, under the Constitution, they must be adopted on a
proposal from the Commission. In other cases decisions shall be adopted
if there are at
least 232 votes in favour
representing at least two thirds of the members.
A member of the European Council or the Council of
Ministers may request that, where a
decision is taken by the European Council or the Council of Ministers
by a qualified majority,
a check is made to ensure that the Member States comprising the
qualified majority represent
at least 62% of the total population of the Union. If that proves not
to be the case, the
decision shall not be adopted.
2.
For subsequent accessions, the threshold referred to in paragraph 1
shall be calculated to
ensure that the qualified majority threshold expressed in votes does
not exceed that resulting
from the table in the Declaration on the enlargement of the European
Union in the Final Act
of the Conference which adopted the Treaty of Nice.
PROTOCOL ON THE EURO GROUP
The High Contracting Parties,
Desiring to promote conditions for stronger economic growth in Europe
and, to that end, to develop
ever-closer coordination of economic policies within the euro area,
Conscious of the need to lay down special provisions for enhanced
dialogue between the
Member States which have adopted the euro, pending the accession of all
Member States of
the Union to the euro area,
Have agreed upon the following provisions, which are annexed to the
Constitution:
Article 1
The Ministers of the Member States which have adopted the euro shall
meet informally.
Such meetings shall take place, when necessary, to discuss questions
related to the specific
responsibilities they share with regard to the single currency. The
Commission and the
European Central Bank shall be invited to take part in such meetings,
which shall be prepared by
the representatives of the Ministers with responsibility for finance of
the Member States which have adopted the euro.
Article 2
The Ministers of the Member States which have adopted the euro shall
elect a president for two and
a half years, by a majority of those Member States.
PROTOCOL AMENDING THE EURATOM TREATY
THE HIGH CONTRACTING PARTIES,
RECALLING the necessity that the provisions of the Treaty establishing
the European Atomic Energy Community should continue to have full legal
effect,
DESIROUS however to adapt that Treaty to the new rules established by
the Treaty establishing a
Constitution for Europe, in particular in the institutional and
financial fields,
HAVE ADOPTED the following provisions, which are annexed to the Treaty
establishing a Constitution for Europe and amend the Treaty
establishing the European
Atomic Energy Community as follows:
Article 1
Article 3 shall be repealed.
Article 2
The heading of Title III "Institutional provisions" shall be replaced
by the following:
"Institutional and financial provisions".
Article 3
1. Article 107 shall be replaced by the following: "Article 107 The
institutional and financial provisions of the Treaty establishing a
Constitution for Europe (Articles I-18 to I-38, Articles I-52 to I-55
and Articles III-227 to
III-316) and Article I-58 of that Treaty shall apply to this Treaty
without prejudice to the specific
provisions laid down in Articles 134, 135, 144, 145, 157, 171, 172, 174
and 176.
2. Articles 107a to 133, 136 to 143, 146 to 156, 158 to 170, 173, 173a,
175, and 177 to 183a shall
be repealed."
Article 4
The heading of Title IV "Financial provisions" shall be replaced by the
following: "Specific financial provisions".
Article 5
In the third paragraph of Article 38 and the third paragraph of Article
82 the references to
Articles 141 and 142 shall be replaced by references to Articles
III-265 and III-266 respectively of the Treaty establishing a
Constitution for Europe.
In Article 171(2), the first paragraph of Article 175, and Article
176(3) the references to Article 183 shall be replaced by references to
Article III-318 of the Treaty
establishing a Constitution for Europe.
In Article 172(4) the reference to Article 177(5)
shall be replaced by a reference to Article III-310 of the Treaty
establishing a Constitution for Europe.
In the last paragraph of Article 18 and in Article 83(2) the references
to Article 164 shall be
replaced by references to Article III-307 of the Treaty establishing a
Constitution for Europe.
In Articles 38 and 82 the word "directive" shall be replaced by
"European decision".
In the Treaty the word "decision" shall be replaced by "European
decision".
Article 6
Article 190 shall be replaced by the following:
"The rules governing the languages of the Institutions shall, without
prejudice to the provisions
contained in the Statute of the Court of Justice, be determined by the
Council of Ministers, acting
unanimously".
Article 7
Article 198 shall be amended as follows:
"(a) This Treaty shall not apply to the Faeroe Islands".
Article 8
Article 201 shall be amended as follows:
"The Community shall establish close cooperation with the Organisation
for Economic Cooperation
and Development, the details of which shall be determined by common
accord".
Article 9
Article 206 shall be amended as follows:
"The Community may conclude with one or more States or international
organisations agreements
establishing an association involving reciprocal rights and
obligations, common action and special
procedures.
These agreements shall be concluded by the Council of Ministers, acting
unanimously after
consulting the European Parliament.
Where such agreements call for amendments to this Treaty, these
amendments shall first be adopted
in accordance with the procedure laid down in Article IV-7 of the
Treaty establishing a Constitution for Europe.".
DECLARATION attached to the Protocol on the representation
of citizens in the European Parliament and the weighting of
votes in the
European Council and the Council of Ministers
The common position which will be taken by the Member States of the
European Union at the
conferences on the accession of Romania and/or Bulgaria regarding the
allocation of seats in the
European Parliament and the weighting of votes in the European Council
and the Council of
Ministers shall be as follows. If the accession to the European Union
of Romania and/or Bulgaria
takes place before the entry into force of the European Council
decision foreseen in Article I-19(2) of the Constitution, the number of
their elected representatives to the
European Parliament shall be calculated on the basis of the figures of
33 and 17 respectively,
corrected according to the same formula as that which determined the
number of representatives in the
European Parliament for each Member State as indicated in the Protocol
on the representation of
citizens in the European Parliament and the weighting of votes in the
European Council and the
Council of Ministers. The Treaty of Accession to the European Union
may, by way of derogation
from Article I-19(2) of the Constitution, stipulate that the number of
members of the European
Parliament may temporarily exceed 736 for the remainder of the 2004 to
2009 Parliamentary term.
Without prejudice to Article I-24(2) of the Constitution, the weighting
of the votes of Romania and
Bulgaria in the European Council and the Council of Ministers shall be
14 and 10 respectively until
1 November 2009. At the time of each accession, the threshold referred
to in the Protocol on the
representation of citizens in the European Parliament and the weighting
of votes in the
European Council and the Council of Ministers shall be decided by the
Council of Ministers.
DECLARATION ON THE CREATION OF A EUROPEAN EXTERNAL
ACTION SERVICE
"To assist the future Union Minister for Foreign Affairs,
introduced in
Article I-27 of the
Constitution, to perform his or her duties, the Convention agrees on
the need for the Council of
Ministers and the Commission to agree, without prejudice to the rights
of the European Parliament,
to establish under the Minister's authority one joint service (European
External Action Service)
composed of officials from relevant departments of the General
Secretariat of the Council of
Ministers and of the Commission and staff seconded from national
diplomatic services.
The staff of the Union's delegations, as defined in Article III-230,
shall be provided from this joint service.
The Convention is of the view that the necessary arrangements for the
establishment of the joint
service should be made within the first year after entry into force of
the Treaty establishing a
Constitution for Europe."
DECLARATION IN THE FINAL ACT OF SIGNATURE OF THE TREATY
ESTABLISHING THE CONSTITUTION
If, two years after the signature of the Treaty establishing the
Constitution, four fifths of the
Member States have ratified it and one or more Member States have
encountered difficulties in
proceeding with ratification, the matter will be referred to the
European Council.