European constitution ..ART 1..L 'EUROPE You .. FOUNDED TO RESPECT HUMAN.,, E' HIS PROTECTION You ABOVE ALL
`High-sounding and with a certain amount of Amil title and`: a "Treaty establishing a Constitution for ambiguity` `more of a normal Treaty and less of a Europe 'and` complex: is effective Constitution. The substance is of the rules that govern the institutions, policies, decisions and functioning of the Union, and `pi and values ??which inspire citizens eudei princi` historical Europe was equipped with tries. But the meaning and a constitutional text in the same as that widens or, as we would like better to believe, is coming together. The system of the Treaty and most of the `one produced by the European Convention and its contents that he worked under the guidance of Presi' ry Giscard d'Estaing and the Vice Presidents tooth Vale Giuliano Amato and Jean-Luc Dehane from 28 February 2002 to July 10, 2003. Based on that project the `` Conference intergovernaGoverno Italian boot ended June 17, 2004 under the Irish presidency and pretiva you. Today, 29 October 2004, the Treaty was signed in Rome, in the same place where 25 March 1957 `European Economic Community and the Euranacquero the tom, in recognition of the pioneering role of Italy in the European integration process. After publishing a preview of the draft Treaty in July 2003, what we now take the `new 'Treaty of Rome'. In voalle prints and
you light are reproduced all four parts of the Treaty, the Protocols, and the declarations signed on the same themes of major importance. The introductory note contains a number of useful references for understanding the recent changes introduced in the body of a very complex treaties in force that aims to replace the current in an integral manner. In short, we publish a complete map and annotated to guide us in Europe. It is for each to understand and meditate. Parliament to ratify it. Italian citizens and Europeans make it into the guide of their public life. The Treaty, now comes the European Constitution. Tomorrow, with the approval of the twenty-five `united Europe. The day after tomorrow, with the countries, will be born politics, culture, education, customs, common life, born Europeans. I thank the Office of the relations with the EU institutions and the international business' Service, care and compedel Senate timeliness tence that showed and that enable real-time knowledge even of this text.
Marcello Pera
President of the Senate
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TABLE OF CONTENTS
Introductory Note................. Treaty establishing a Constitution for Europe..................... Preamble...................... Part I of Title I - Definition and objectives of Title II - Fundamental rights and citizenship of the union.................... Title III - The Union's competences..... Title IV - Institutions and bodies of the Union. Chapter I: Institutional framework......... Chapter II: The other Union institutions and advisory bodies........... Title V - Exercise of Union competence................... Chapter I: Common provisions..... Chapter II: Special provisions... Chapter III: Enhanced cooperation... the ... ... ... ...
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Title VI - The Union's democratic life
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Title VII - Finance Union....... Title VIII - The Union and its immediate environment....................... Title IX - Union membership.....
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Part II - the Charter of Fundamental Rights of the Preamble...................... ` ...... ....... .... Title I - Dignity ` ...... ....... .... Title II - Freedom Title III - Equality............. ` ... ....... .... Title IV - Solidarity Title V - Citizenship............. Title VI - Justice............... Title VII - General provisions governing the interpretation and application of the Charter.................... » » » » » » » 73 75 77 82 85 90 93
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Part III The policies and functioning of the Union Title I - Provisions of general application......................... Title II - Non-discrimination and citizenship....................... Title III - Policies and internal actions..... » » » 101104108
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P. 108 » » » » » » » » » » » » » » » » » » » 108 110 110 114 118 121 121 123 123 125 129 129 135 139 140 145 146 158 164
Chapter I: Internal Market........... Section 1: Establishment and functioning of the internal market....... Section 2: Free movement of persons and services............ Subsection 1: Workers....... `StabiliSottosezione of 2: Freedom chin.................. Subsection 3: Freedom to provide services.................. Section 3: Free movement of goods.................... Subsection 1: Customs Union... Subsection 2: Customs cooperation.................... Subsection 3: Prohibition of quantitative restrictions........... Section 4: Capital and payments..... Section 5: Competition rules.... Subsection 1: Rules applying to undertakings............... Subsection 2: Aids granted by Member States.............. Section 6: Tax provisions...... Section 7: Common provisions..... Chapter II: Economic and monetary policy Section 1: Economic policy..... Section 2: Monetary policy...... Section 3: Institutional provisions.....
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Section 4: Provisions specific to the `euro. Member States whose currency and Section 5: Transitional provisions... Chapter III: Policies in other sectors...... Section 1: Employment.......... Section 2: Social policy........ Section 3: Economic, social and territorial cohesion................ Section 4: Agriculture and fisheries...... Section 5: Environment............ Section 6: Consumer protection. Section 7: Transport............ Section 8: Trans-European networks....... Section 9: Research and technological development and space............... Section 10: Energy............. `Safety and Chapter IV - Area of ??freedom justice.................... Section 1: General Provisions..... Section 2: Policies on border checks, asylum and immigration..................... Section 3: Judicial cooperation in civil matters............... Section 4: Judicial cooperation in criminal matters............... Section 5: Police cooperation... `DeCapo V: Areas where the union may cide to take supporting, coordinating or complementary action..
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Pag. » » » » » » » » » » » » » » » » » » » » 243 246 248 249 250 253 254 255 259 259 262 262 273 279 281 284 284 286 287 289 290
`Public........ Section 1: Health Section 2: Industry............. Section 3: Culture............. Section 4: Tourism............. `, Sports and Section 5: Education, youth vocational training........ Section 6: Civil protection....... Section 7: Administrative cooperation Title IV - Association of the overseas countries and territories.................... Title V - External Action union.... Chapter I: Provisions having general application....................... Chapter II: Common Foreign and Security Policy...................... Section 1: Common provisions..... Section 2: The common security and defense policy................ Section 3: Financial arrangements... Chapter III: Common commercial policy.. Chapter IV: Cooperation with third countries and humanitarian aid............... Section 1: Development cooperation. Section 2: Economic, financial and technical cooperation with third countries. Section 3: Humanitarian aid....... Chapter V: Restrictive measures.......... Chapter VI: International agreements......
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Chapter VII: The Union's relations with international organizations and third countries and Union delegations......... Chapter VIII: Implementation of the clause so` ... ...... ....... .... darity Title VI: Operation Union.... Chapter I: Institutional provisions...... Section 1: The institutions.......... Subsection 1: The European Parliament Subsection 2: The European Council Subsection 3: The Council of Ministers.................... Subsection 4: The European Commission................... Subsection 5: The Court of Justice of the European Union......... Subsection 6: The European Central Bank................... Subsection 7: The Court of Auditors.. Section 2: The Union's advisory bodies.................... Subsection 1: The Committee of the Regions................... Subsection 2: The Economic and Social Committee............. Section 3: The European Investment Bank................. Section 4: Provisions common to Union institutions, bodies, offices and agencies....................
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P. 347 » » » » » » » 347 348 354 356 359 360 366
Chapter II: Financial provisions...... Section 1: The multiannual financial framework..................... Section 2: Union's annual budget Section 3: Implementation of the budget and discharge................... Section 4: Provisions common..... Section 5: Fight against fraud..... Chapter III: Enhanced cooperation...... Title VII - Common provisions.......
Part IV: General and Final Provisions..
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Declaration concerning the explanations relating to the Charter of Fundamental Rights.......
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Protocols annexed to the Treaty ( selection ) Protocol on the role of national parliaments in the European Union.............. Protocol on the application of the principles of proportionality and of ` ` .. .... subsidiarity Protocol on the excessive deficit procedure...................... Protocol on the Euro........... » » » » 463469475478
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Protocol on permanent structured cooperation established by Article I - 41, paragraph 6, and Article III - 312 of the Constitution...................... Protocol on Article III - 214 of the Constitution........................ Protocol on economic, social and territorial cohesion................... Protocol relating to Article I - 9, paragraph 2 of the Constitution on Union accession to the European Convention salva` of Human Rights and Fundamental Freedoms................... Protocol on the transitional provisions relating to the institutions and bodies of the Union........................ Protocol amending the Treaty istitui` atosce the European Community mica........................
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On 29 October 2004, the Treaty establishing a Co` was signed in Rome, in the institution for Europe and the same place where 25 March 1957, was signed the `European. Treaty, which established the Community's political agreement on the text, including the now `25 was reached, the EU Member States, and after two days of intense negotiations, during the last session of the Intergovernmental Conference (IGC) held in the level of Heads of State or Government at the European Council in Brussels on 17 and 18 June 2004. `concluded a process that By signing it and committed representatives of the Governments of States', in occamembri for over a year, since ie sion of the European Council in Thessaloniki on 19 and 20 June 2003, the President of the Convention eu' ry Giscard d'Estaing presented the Vale-European hands of the Greek Presidency of the Council of the draft constitutional treaty on which the Convention itself had expressed its consent. `Based sulIl text emerged from the work of the IGC and the architecture and the spirit of the draft prepared by the Convention, while departing from them in different points is the reserves, in order to overcome the perplexities
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that, during the negotiations, have been put forward by several Member States. `Significant, however, that the final agreement has been reached and using as a basis the work of the European Convention, where they are confronted representatives of national parliaments, the European Parliament and governments. The composition of the Convention mainly parliamentary and parliamentary nature of its operation have made it possible to create a true spirit constituent, to `rapprequale is due in large part the jump in quality submitted by the constitutional structure of the text of the Treaty. This note, based on the one prepared for the promulgation, in July 2003, the draft treaty drawn up by the European Convention, aims to provide an analysis of the Treaty in its final version in the documents of the Intergovernmental Conference: CIG 87/1 / 04, Rev. 1, containing the text of the Treaty establishing a Constitution for Europe; CIG 87/04 ADD 1, containing the protocols and annexes to the Treaty establishing a Constitution for Europe; CIG 87/04 ADD 2, containing the Declarations to be annexed to the Final Act of the Intergovernmental Conference and the Final Act. `InteDi these three documents, only the first and gralmente reproduced in this volume. However
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the other two have been played and the Protocols' the most relevant Declarations well as `Praesidium's explanations prepared under the authority of the Convention which envisaged the Charter of fundamental rights` and updated under the responsibility of the Praesidium of the European Convention. `Divided into four parts, in addition to the Treaty and the Preamble. The first contains the general principles; the second includes the text of the Charter of Rights fonda` dedicated policies and funziomentali; the third and pollution Union; the fourth, finally, contains the general and final provisions. In the introductory note following are analyzed and discussed the articles on account of `Part I and Part IV. For Part II, is to be modified parts from the text of the Charter of Rights proclaimed at the Nice European Council in December 2000, referring to the explanations for comment to the individual articles. For Part III, it will provide a commentary on the main aggregate material changes compared with the Treaties ', altresi', on behalf of the major changes in force. It will be made during the negotiations over the text drawn up by the European Convention. Preamble The Constitution opens with a Preamble which recalls the fundamental principles on which the Union is built upon the foundation and highlights the objectives that the same
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`He poses a. The Preamble, in fact, insists that Europe and is of procontinente that, thanks to its diversity `cultural, religious and humanist, riconoprie utes inherits the fundamental importance of the role of the human person, the inviolable rights and respect of law. On this basis, the Union is the carrier `` and prosperity for all its citizens, is prevented civilization gna to increase the democratic and transparent nature of its public life, and, relying on the value ag` national joint that comes from different identities of the people who compose it, ensures its commitment to peace, justice and solida` worldwide. As of CIG 85/04, Rieta Is this quote Thucydides which opened not figure more the Preamble adopted by the Convention. Despite the strong commitment in this regard by some Member mem` it inserted a reference States, including Italy, and not explicitly to the Christian roots of the Union.
PART I Part I of the Treaty is made up of 9 titles. The Title I ( Articles I - 1 to I - 8 ) contains provisions relating to the definition and objectives of the Union. In particular: Article I- 1 establishes the Union, specifying, compared to the current EU Treaty (Article 1 ), the double
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`Legitimacy of the same, based on the will of the citizens and States to build a common future. Compared with the EU Treaty, is the preferred diction of `` public '' to that of `` peoples ''. Article I-2 enshrines the values ??of the Union, p is partly retrieved by the EU Treaty (Article raltro already `the democra6, paragraph 1), which includes the` fonzia freedom, respect for human rights, tal freedoms and the rule of law. These values ??ag` human uguagiungono now respect the dignity of equality, pluralism, tolerance, justice, so` and non-discrimination, taken just before darity `was also included a riin by the courts. And explicit reference to the rights of minorities and the pa` between women and men. rita Article I-3 sets out the objectives of the Union ', which are peace, the creation of an area of ??freedom security and justice, the free competition, social progress, balanced economic growth, employment and protect its interests in its relations with the rest of the world. In the latter area, the Union promotes the sustainable development of the Earth, mutual respect between peoples and the protection of human rights. `Between geL'Unione also promotes solidarity between` erations, the protection of children's rights and equality between the sexes and `` men and women. The reference to equality was inserted following the requests made by some members of the Convention and the Commission ', that the European Parliament's equal opportunities
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They had also called for the inclusion in Article I2, as then actually occurred during the `also present in the current Treaty IGC. EC and it (Articles 2 and 3, paragraph 2). `Was also added between the In the new Treaty and` price. The current objectives of the `price stability all'artiTrattato EC mentions the established in Article 4, which main objective of the definition and conduct of monetary policy and exchange-rate policy, and Article 105, which main objective the European System of Central Banks. `Fundamental Article I-4 defines the freedom of the Union, which are the free movement of for` persons, goods, services, capital and freedom of establishment, prohibiting discrimination on grounds of `. The reference to the latter principle nationality is also found in the EC Treaty (Article 12). Article I-5, on relations between the EU and Member States, resumes, developing it, the con` nacetto of respect by the Union of identity tional Member States, expressed in Article 6, paragraph 3, of the EU Treaty. The IGC has added a reference to the concept of equality of Member States before the Constitution. It is also established the principle of sincere cooperation and mutual assistance between the Union and the Member States in carrying out the tasks set by the Constitution.
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`Also it played a fundamental principle, and now enshrined in Article 10 of the EC Treaty, whereby Member States shall take all necessary measures for the implementation of obligations under the Constitution or by acts of the European institutions. Article I-6 establishes the supremacy of the Constitution and of Union law over the law of Member States. A principle - that of `supremacy today considered existing EU law - already from the case law of the European and national, but not explicitly inscribed in the Treaties. Is this ConfeA emphasize this line of continuity ence Intergovernmental passed a Declaration (reproduced in this volume in a footnote to Article I-6) which states that the principle of the supremacy of Community law reflects the case law of the Court of Justice and the Court of First Instance. ', Article I-7 is an important news' because `gives the Union the legal personality,` giuche becomes unique and replaces the existing ridiche personality. The main consequences are the sembuzione dell'attri` single legal personality of the amplification of the institutional architecture of the Union, which now sees suppressed the construction in three pillars, and the merger of the existing treaties. `The single legal personality also entails that the Union becomes a subject of law internazio` the European Community ', and imnale, replacing` well, competence, now scheduled for the fold, altresi
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`European, to enter into agreements with one Community member countries and international organizations. Article I-8, introduced in the last session of the Convention, identifies the symbols of the Union. They are: the flag representing a circle of twelve golden stars on a blue background; the anthem, adapted to Joy from the Ninth Symphony by Ludwig van `''; the euro Beethoven; the motto `` United in diversity and Europe Day, to be celebrated on May 9. The TITLE II (Articles I-9 and I-10) contains provisions on fundamental rights and citizenship of the Union. Article I-9 establishes the recognition by `prinparte Union and the rights, liberties principles enshrined in the Charter of Fundamental Rights proclaimed in Nice in December 2000 and incorporated in Part II of the Treaty. This article, also, as amended by the IGC, the accession to the European Convention on Human Rights, signed in Rome in 1950, specifying that this accession shall not affect the competences conferred on the Union by the Constitution. Compared with the text adopted by the Convention, which provided that the Union was pursuing accession to the Convention on Human Rights, the final text of the Treaty of pre` forvede now an obligation to join. Diversity `` was determined by the desire to avoid simulations and the risk that the accession was blocked because of `. unanimity rule
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In a Memorandum and a Declaration (reported in this volume in a footnote to Article I-9), both attached to the Treaty specifies that membership do` be in accordance with the characteristics that specifivra Union and of its legal system. It `act of an ongoing dialogue regoprende altresi thereof between the Court of Justice of the European Union and` Tesla European Court of Human Rights, that will be able `should contrisere strengthened after accession. That ute to the further recognition, always after accession, the specialized nature of the jurisdiction of the European Court of Human Rights, which is a jurisdiction that carries out a `` external '' on respect by the Union, as part the other members of the Council of Europe, of its obligations to the international nature of joining the Convention on Human Rights. It is finally specified, repeating a formulation similar to Article 6, paragraph 2, of the EU Treaty, that fundamental rights, as guaranteed by the European Convention on Human Rights and as they result from the constitutional traditions common to the Member, are part of EU law as general principles. Article I-10 gives the citizens of each member `previStato Union citizenship - is already in the EC Treaty (Articles 17 to 22) - and the rights arising from it: of movement, residence, voting,`, diplomatic protection and petidi eligibility tion. These rights are exercised in accordance with the limits defined
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ned by the Constitution. Citizenship of the Union shall be additional to national citizenship and shall not replace it. The TITLE III (Articles I-11 to I-18) concerning the powers of the Union, classified in three categories (exclusive competence, competitors and support operations). In particular: Article I-11 stipulates that the Union's powers are regulated in accordance with the principles of proportionality and attribu` `` already covered tion, subsidiarity in Article 5 of the EC Treaty. According to the first principle, the Union shall act within the powers conferred by the Member States in the Constitution to attain the objectives set. As all'ap` (delplicazione intervention of the principles of subsidiarity, the Union, in areas not within its exclusive competence, in the event of insufficient action by States `(intervention Union members) and proportionality commensurate with the objectives of the Constitution) , the Union's institutions conform with the provisions of its Protocol annexed to the Treaty (Protocol published attached to this volume). Article I-12 enucleates categories compe` equipped the Union and sets out the principles and cernenti contenze of which the action of the Union and the States in the case of exclusive jurisdiction and competitor. In the first case, the Union has the power to legislate and the Member States will act on its own only with the consent of the same, or to transpose in their
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legal acts adopted by it. The second is to legislate only if the Ucaso, states have faculties Union has not exercised its competence or has ceased to do so. As regards some areas, such as coordination of economic and employment policies, the CFSP and ESDP, the Union plays a distinct role, as defined in Articles I-15 and I-16. In other matters, ultimately, the Union shall have competence to carry out supporting, coordinating or complementing the actions of `replace them, and no Member States, but without that legally binding acts adopted in these areas leading to harmonization the laws or regulations of the Member States. Article I-13 lists the areas where the Union has exclusive competence. Among the various materials, it is reminiscent of the customs union, monetary policy for the euro ', and the definition of the states whose currency and competition rules necessary for the functioning of the internal market. In addition, the Union has exclusive competence to conclude international agreements. Article I-14 states that the Union shall share competence with the Member States where the Constitution confers on it a competence which does not in that exclusive or that relating to the actions of supporting, coordinating or complementary action. Among the shared competences, it is provided for in the Treaties `vile people already large common policies, such as, for example, the internal market, the trans-
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extruded, social policy, agricultural policy, the environment. It is then added new skills, including those relating to energy, civil protection, tourism. `AdotL'articolo I-15 states that the Union can tare measures or take steps to ensure coordination of employment and social policies of the Member States. With regard to economic policies, on the basis of what was agreed by the IGC, the Member States are responsible for coordinating, on the basis also of measures and, in particular, `remittance to Broad whose fixation and Council. Article I-16 establishes the competence of the Union in all areas pertaining to the common foreign and security policy, including the progressive framing of `lead to a common defense policy that can a common defense. Member States has the support of every action taken by the Union in this' respect of acts adopted by it. direction as well as Article I-17 identifies areas where the EU exerts a supporting, coordinating or complementary action. These sectors are: industry; protection and improvement of human health; education, is sport; culture and protection ciformazione, youth vile; tourism; administrative cooperation. Article I-18 introduces a clause flessi` (now laid down in Article 308 of the EC Treaty) bility under which, in the framework of the policies set out in Part III of the Constitution and in order to achieved
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reach the goals that this provides, the Council acting unanimously `` to intervene, has faculties although the Treaty does not provide powers. Ai is the task of supervising national parliaments WILL BE FOR `. compliance with the principle of subsidiarity The TITLE IV (Articles I-19 to I-32) describes the institutions and bodies of the Union and is divided into two bosses. Chapter I (Articles I-19 to I-29) contains provisions on the Union's institutional framework. Article I-19 identifies the institutional framework of the Union, composed of Parliament, European Council, Council of Ministers (hereinafter the Council), Commission and Court of Justice. Article I-20 as Parliament is concerned euro` election ment and describes the functions and features and representation. With regard to the functions, are now gathered and set out clearly what the Parla` exercises and which are divided in FREE DETECTION already rie rules contained in the current Treaties: the legislative and budgetary functions to be exercised jointly with the Council, the functions political control and the advisory. The Constitutional Treaty strengthens the powers of the Parliament as co-legislator by extending to new areas the scope of the co-decision procedure, which now takes the name of the legislative procedure and by which Parliament decides jointly with the Council and on an equal basis. The
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Parliament also elects the President of the European Com` simissione, thereby exerting a role more nificant than that conferred by Article 214 of the EC Treaty, under which it `` approved '' the designation by the European Council. As the election and composition, the second paragraph provides that the European Parliament, composed of representatives of the Union, has a maximum number of 750 components. It also establishes a criterion of representation of European citizens in a degressively proportional manner, setting a minimum threshold of six MEPs per Member State. This threshold, increased compared to that in force (the Treaty of Nice has been awarded 5 `concor` small states, Malta), and more seats in the` data from the Intergovernmental Conference, which also set a maximum of 96 seats per Member State. This involves the roof, compared to the regulatory framework now in force, a reduction of three seats to Germany. `Be deQuesti are the criteria by which will have to excise the composition of Parliament, by a decision adopted by the European Council all'unani`, at the initiative of the European Parliament and with the approval of the latter apmita. As for the 2004-2009 term, the composition and the number of representatives of citizens in the European Parliament is that fixed by the Treaty of Nice, as confirmed by Article 1 of the Protocol on the transitional provisions relating to the institutions and bodies of the Union ( reported in this volume attached).
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The other provisions relating to the structure and functions of Parliament are contained in Title VI of Part III of the Constitution, which deals with the functioning of the `` ''. The rules in question (Articles III-330 to III-340), so that no substantial changes, those contained in the EC Treaty (Articles 190 to 201). An increased role of Parliament is found instead in the budget process, governed by Article III-404. According to the current EC Treaty (Article 272), the Parla` to amend the draft budget chin has faculties proposed by the Council only for expenditure necessarily resulting from the Treaties or acts adopted. With the wording of Article III-404 that distinction is abolished, making the Parliament a full participant of the budgetary functions. Furthermore, paragraph 7, letter d) of that Article III-404 establishes supremacy of Parliament on the Council in the event of conflicts in the phase (if any) of conciliation. In the new text agreed by the IGC, in fact, in the event that, during the conciliation procedure, the European Parliament approves the proposed settlement and the Council rejects it, the Parliament itself, with a mag` confirm in whole or in part strengthened majority, can its amendments to the draft budget, which was adopted on that basis. Article I-21 is a modification impor' antantë the Union's institutional framework, because Novera also between the institutions, the European Council. `Contemplated by the EC Treaty and latter not
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`Mentioned in the EU Treaty only in Title I, Relæ tive to` `Common provisions '' Union. With regard to the tasks of this organ, they are essentially those currently provided for in Article 4 of the EU Treaty: impulse Union, it is the definition politidei its guidelines, its priority was `general specifications. Compared to the current text, and market that the European Council has no legislative functions. In addition, the timing of the meetings became quarterly, as it is this day of practice, while Article 4 of the EU Treaty provides that the European Council will meet at least twice a year. It therefore states that the voting system ordina` the `` consent '', while the rio to the European Council and the current Treaties are silent on this matter. `Composed of the heads of the European Council and State or Government of the Member States, its President and the President of the Commission. The EU Foreign Minister participates in the work. A change from the current text is the fact that, unlike Article 4 above, which provides that the Heads of State or Government are always assisted by their respective Ministers of Foreign Affairs, the Constitutional Treaty provides for the assistance of an I `then only for Foreign Affairs) Dniester only (no longer subject to the decision of the respective Head of State or Government and if the agenda calls for it. Of the European Council is also involved Article III-341, which is not reflected in the EU Treaty. This `of proxy voting for Article provides: a chance
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Council members; the vote by a simple majority regarding procedural matters and for the ado` ascolzione of the rules of procedure; the possibility ing the President of the European Parliament. `SignificaL'articolo I-22 contains one of the most in the new Constitutional Treaty, prevetive news Dendo the election of the post of President of the European Council. The existing provisions, in fact, give this office to the Head of State or Government of the country holding the EU Presidency, according to the six-monthly rotation. According to the `instead elected the provision in question, the President and the Board itself by qualified majority for a term of two years. It exercises a number of functions: shall chair it and drive forward its work eu` of laropeo; ensure the preparation and continuity vori of the European Council, in cooperation with the President of the Commission and based on the work of the General Affairs Council `` ''; It shall endeavor to facilitate cohesion and consensus within the European Council; submit to Parliament a report after each of the meetings of the European Council. It also ensures the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of mini` ter for Foreign Affairs. The charge is not compatible with any national office. In` remains that the President instead open the way for the possibility of the European Commission will also cover this charge.
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Articles I-23 and I-24 concerning the Council of Ministers. It, together with the Parliament, acting in its legislative and budget, defines the Union's policies and coordinates, under the conditions consisting of a `rapprestabilite by the Constitution. And tative for each Member State at ministerial level, `the only authorized to commit the government of that State and that represents and to exercise the right to vote. `` The most significant of the Treaty One of the novelties of the statement `` constitutional majority, and qualified as a general rule to vote; the unanimity remains the policy decision only to certain areas. Under the agreement reached by the Intergovernmental Conference, the various configurations of the Council are established by a European decision adopted by qualified majority. Unique formations expressly provided in the Constitution are the General Affairs Council, with the task of coordinating the work of other formations and preparations for meetings of the European Council and the new Foreign Affairs Council, chaired by the Minister for Foreign Affairs, which has the task of developing the Union's external action and ensure their consistency. Formally abandoned the six-monthly rotation of the Presidency of the Council states that the Presidency of the different Council is exercised by the Member States in terms of `` second mode with a fixed euparita pean decision adopted by qualified majority.
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In a Declaration to the Final Act (ri` scope in this volume in a footnote to Article I-24) and contained a draft decision which envisages a system whereby the Presidency of the Council, other than that of Foreign Affairs - always chaired by the Minister for Foreign Affairs is exerted by groups of three Member States for a period of 18 months. During that period, each `the Presidency of all the member of the triad will exercise training for six consecutive months. The six-monthly rotation of the presidency of the different Council formally abandoned, is then revived, with the exception of the Foreign Affairs Council, chaired by the Minister for Foreign Affairs. Also Part III of the Treaty provides rules for the functioning of the Board (Articles III342 to III-346). They substantially reproduce the existing provisions of the EC Treaty (Articles 204 to `209), making some changes: the main and the disappearance of the post of safety representative, who currently holds the position of Secretary General of the Council. The figure of the `fact replaced by that of minirappresentante and` ter for Foreign Affairs, which will be discussed `forward. more Article I-25 sets out the criteria for the definition of qualified majority in the European Council and the Council of Ministers. The Intergovernmental Conference reached an agreement on overcoming, with effect from 1 November 2009, the system
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voting under the Treaty of Nice and on the adoption of the principle of double majority that, in general, must be equal to 55% of the members of the Council, with a minimum of 15, representing at the same time 65% of the population ' union; `Provided that any minority is altresi block must include at least four Council members, as well as being an expression of 35% of the population. For the areas in which the Council is not acting on a proposal from the Commission or the Minister for Foreign Affairs, the quorum for the Member States is raised to 72%, while it remains at 65% `This is the case of Setil requirement of the population: and `planned tor justice and home affairs, and for which an initiative of the United States; CFSP, `acting on its own initiative; of which the Council can economic and monetary policy, where the Council acts on the basis of a recommendation from the Commission or the ECB, and in the case of suspension or withdrawal from a Member State. Article 205 of the EC Treaty now provides for qualified majority voting the `attricriterio of weighted voting, under which and tributed to all Member States a number of votes predetermined, which implicitly takes into account their demographic, economic and political. Until 31 October 2009, as reaffirmed in Article 2 of the Protocol on the transitional provisions relating to the institutions and bodies of the Union (reported in `this system viquesto volume attached), will
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people. According to it, the deliberations of the Council shall require at least 232 votes in favor cast by a majority of `the Constitution, should members when, in virtue to be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 232 votes in favor cast by at least two thirds of the members. To Italy, with this system, they are attributed 29 votes, like Germany, France and the United Kingdom. In a Declaration to the Final Act (ri` produced in volume in this note in Article I-25) and contained a draft decision, to be taken on the day of the entry into force of the Treaty, which provides for a series of provisions to allow a smooth transition from the Nice system to that provided by the new Treaty. This decision (inspired by the so-called `` Ioannina compromise '') allows members of the Council representing three-quarters of a blocking minority of states or people to ask for a postponement of the vote on a measure under consideration and the continuation of discussions `for a period of time allowing the search for a consensus most in any case be abolished, starting wide; potra it in 2014, with qualified majority voting in the Council. Article I-26 concerns the European Commission. Alongside the functions currently covered by the EC Treaty (monitoring the application of the Treaty; formulation of recommendations
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tions and opinions in certain sectors; participation in the formation of the acts of the Council; implementation of the rules adopted by the Council), is added to ensure the application of EU law, to ensure the implementation of the budget and management of programs, to represent the Union externally, except in cases involving the common foreign and security policy, the responsibility of the Minister for Foreign Affairs. This article `General reiterates to the Commission the titolarita of legislative initiative; under the provisions of the present article, the Union's legislative acts can only be adopted on the initiative of the Commission. With regard to its composition, based on the agreement reached by the IGC, the first Commission appointed under the provisions of the `a citizen for the European Constitution will comprise each Member State (as is provided by the provisions of the Nice Treaty, applied for the first time for the appointment of the Commission following the European elections of June 2004), including the president and the foreign minister `one of its vice presidents. The Union, and that `the two thirds of the number of Member States as it will reduce the number of the next term, unless`, not the European Council, acting unanimously decides to change the composition. In the rotation `that system, Member States sache conseguira`, will be treated to a level of absolute equality so that the difference between the total number of mandates
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held by nationals of two different Member States do not `costisia never greater than one. In addition, the college will be of charge to reflect satisfactorily the demographic and geographical `multiplicity of the United States. The Commission, as is provided for by the treaties in force, shall exercise its functions in full independence and accountable to `` adopt and in his Condinanzi to Parliament, which can `fronts a motion of censure, according to the procedures set out in Article III-340 of the Treaty. It is, as in the current EC Treaty, of a collective motion of censure, not facing the single commissioner. In Part III of the Treaty they are found other arrangements for the Commission (Articles III-347 to III-352) that reflect, without major changes, the rules contained in the EC Treaty (Articles 212 to 219). Article I-27 contains provisions concerning the election of the President of the European Commission and its functions. `Elected President of the European Commission and the Parliament by a majority of its component members, on a proposal of the European Council, acting by a qualified majority, taking into account the elections to the European Parliament and after having held the appropriate consultations; So according to the presumption of majority support in the Assembly to have that `. According to such a designation may the agreements reached by the IGC, the list of Commission
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sari is defined by the Council, in agreement with the President-elect, on the basis of proposals submitted by Member States, and is subject to a vote of approval by the European Parliament. Upon such approval, the Commission is appointed by qualified majority by the European Council. With regard to the functions of the President, they include the definition of the guidelines of the 'Commission and its internal organization as well as the appointment of the vice-presidents, except for the Minister of Foreign Affairs. In addition, the president doesn`t to request and obtain the resignation of a `Comcolta today laid down missioner (that provision and the EC Treaty). Article I-28 establishes the Minister for Foreign Affairs, representing another significant innovation made by the Constitutional Treaty. It is a figure that brings together in one person the two roles and two functions, today due to different subjects, Commissioner for External Relations and the High Representative for the CFSP. In `appointed by the Under the new Treaty, the Minister and European Council by qualified majority, with the agreement of the Commission President. The Minister of Foreign Affairs guide both the Common Foreign and Security Policy of the Union is the common security and defense policy. `It contributes to the formation of these policies and implements them in quality
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mandatario del Consiglio. Presiede la formazione ``Affari esteri'' del Consiglio. Il suo duplice ruolo emerge dalle altre disposizioni che lo indicano come uno dei vicepresidenti ´ responsabile della Commissione europea, nonche delle relazioni esterne. Nel Consiglio europeo del 29 giugno 2004, in accordo con il Presidente designato della Commissione, i capi di Stato o di governo hanno deciso che ` nominato ministro degli affari Javier Solana sara esteri dell'Unione, e quindi componente della Com` di vice presidente, il missione europea con qualita giorno dell'entrata in vigore della Costituzione. Lo ` a termine il mandato dell'atstesso giorno giungera tuale membro della Commissione europea avente la ` del ministro, come previsto dall'arstessa nazionalita ticolo 4 del Protocollo sulle disposizioni transitorie relative alle istituzioni ed agli organi dell'Unione (riportato in questo volume in allegato). L'articolo I-29 regola il ruolo, la composizione e le competenze della Corte di giustizia dell'Unione europea. Essa comprende la Corte di giustizia, il Tribunale e i tribunali specializzati ed assicura il rispetto del diritto nell'interpretazione e nell'applicazione ` composta della Costituzione. La Corte di giustizia e ` assistita da un giudice per ogni Stato membro ed e ` composto da alda avvocati generali. Il Tribunale e ` stameno un giudice per Stato membro. Il numero e bilito dallo Statuto della Corte di giustizia. I giudici e
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lawyers are appointed by the governments of the Member States on the basis of the procedures described in Part III of the Treaty (Articles III-355 and III-356). Their `renewable. The Court mandate lasts six years, and pronunciation, as well as in the cases provided by the Constitution, on actions brought by a Member State, institution or individual Union (according mo` of Part III) and preliminary rulings on Dalita appeals in the national courts concerning the interpretation of EU law. They can be set up, with European laws, specialized courts. They are appointed to the Court and take care to examine at first instance certain classes of action (Article III-359). The EC Treaty (Article 225 A) provides, for this purpose, the `` judicial '', to be set on unanimous decision of the Council. In addition, pursuant to Article III-365 of the Treaty, `as well as the Court exercises control of legitimacy for the categories of acts provided for in the EC Treaty, even` also been Sopper laws and framework laws. And press the disposition of the EC Treaty (Article 232, `pronunparagrafo 4) which provides that the Court may ciarsi on actions brought by the ECB in the fields of` amsua competence or presented against it; and now put the responsibility for the actions that the ECB has to safeguard its prerogatives (Article III-365, paragraph 3). The CHAPTER II (Articles I-30 to I-32) contains provisions relating to the other EU institutions and bodies.
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Article I-30 provides that the European Central Bank and the national central banks constitute the European System of Central Banks, whose task is to maintain price stability 'as well as' the main and support the general economic policies in the Union to contribute the realization of its objectives. The European Central Bank and the national central banks of the Member States whose mo` the euro, which constitute the Eurosystem, conduneta cone and EU monetary policy. `Institution, has personality and say` giuriLa ECB has the exclusive right to issue euro `independent exercise of its functions. and it is consulted in its fields of competence, on any draft Union acts, and on every project `formulate for regulation at national level, and may opinions. In addition, in order to perform the tasks entrusted to the European System of Central Banks, the ECB, `the Constitution, adopt: regulations, in conformity decisions, recommendations and opinions (Article III-190). According to Article III-382, as formulated by the IGC, the appointment of the president, the vice president and the other members of the ECB Executive Board is responsible to the European Council, acting by a maggio' by mutual agreement, as ance qualified (instead of in current Treaty). Article I-31 concerning the Court of Auditors, whose functions shall carry out the audit and sound ge` composed of a financial citstione Union. And tadino for each Member State, with a term of six
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years, and a chairman appointed by the members of the Court, with a term of three years. In the exercise of their duties, members of the Court of Auditors are independent. Article I-32 regulates the role of the Committee of the Regions, composed of representatives of regional and local col`, and of the European Economic community and the society, composed of representatives of organizations of employers, of the employed, and of `civil. The two other parties representative of the company organs acting in an advisory. The Title V (Articles I-33 to I-44), concerning `split in the exercise of Union competences and three bosses. Chapter I (Articles I-33 to I-39) concerning the common provisions. Article I-33 lists, in a precise and clear hierarchy, the number of legislative and non-legislative European institutions may adopt. They are: European law (which previously went by the name of the regulation), legislation of general application, binding in its entirety and directly applicable in the Member States; European framework law (formerly Directive), legislation that is binding on all States only as to the result to be achieved;
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European regulations, which now represents `be binding in a non-legislative act and every element that can only result from rag` the instrument by which it is reached. And given application legislative acts; European decisions, non-legislative act binding in its entirety; recommendations and opinions, which have no binding effect. `Decided not to include atypical acts such as Disi and declarations, conclusions and resolutions which, although widely used in Community practice, are acts of pure political nature. These predictions are a response to a request for simplification of the sources of Community law, endorsed by the Laeken Declaration, which was assigned to the Convention to ensure maximum transparency and clarity al` rules of the European institutions. The terl'attivita nology used in Article I-33 comes close, in fact, to that commonly used in national legislation. Article I-34 states that legislative acts (European law and European framework law) are always approved by the European Parliament and the Council, on a proposal from the Commission and in accordance with the 'procedure laid down in Article III-396 mode (ex Article 251 of the EC Treaty concerning the proce` lasting co-decision, which puts on an equal footing Council and Parliament), only to predict the pos-
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`Use of special legislative procedures in` bility between the two legislative branches of authority `where parity is less. This provision is an important stage on the path of democratization Union and continues the long process that saw the functions and powers of the European Parliament to increase over the years, reaching a level nearly equal than in the Council. Article I-35 instead regulates the circumstances in which the European Council, Council, Commission and European Central Bank may adopt non-legislative acts. Article I-36 also provides that the Commission may be given the power to enact delegated regulations to supplement or amend non-essential elements of a law or a law-qua` for the framework, while remaining still the possibility the European Parliament or for the Council to object to or revoke the delegation later. Article I-37 provision for cases where the Commission, and in some cases the Council itself, may have implementing powers, resulting in `to issue European regulations or European decisions running faculties of execution. The Constitution also stresses, in Article I-38, that all acts adopted by the institutions must es` that evening with the principle of proportionality in Article I-11 and be adequately motivated. Chapter II (Articles I-40 to I-43) contain special provisions relating to the common foreign and sys-
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ty Policy (CFSP) and the common defense policy (ESDP). `ConvenUna debated the issues most in was definitely the mode of` tion and the IGC and taking decisions: Article I-40, in fact, established that the Council continues to decide all'una`, except as provided in Part III of Costinimita institution (see below). The European Council, all'una`, may decide `exceeding the established system-suffering and provide for the Council to act by a majority, even beyond the cases provided for by Part III. Article I-41 contains special provisions for implementing the common security and defense policy, in relation to which the rule applies to `. It forms part intedecisione unanimously gral foreign policy and security, and include the progressive framing of a common defense Co` not just common Union, to which you will arrive `provisions approved, all'uil European Council will have`. The new Treaty requires unanimity important predictions on ESDP. First, the provisions contained in the article provide that the Council can entrust to a group of states to carry out a mission, within the EU, in order to maintain the Union's values ??and serve its interests. These missions, `governed by Article III-310, whose development and have been expanded compared to the Petersberg tasks, including now the joint actions
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disarmament operations, humanitarian and rescue missions of advice and assistance on military missions in conflict prevention and man` combattenimento of peace and missions combined ment for crisis management, including missions extended restoration of peace and stability operations at the end of the conflict. `Provides for the establishment of a Second, and European Defence Agency, Agency to identify operational needs and to strengthen the industrial and technological base in the field of defense and armaments. Its tasks are defined in Article III-311. In addition, it provides a form of permanent structured cooperation between Member States that ri` `high in terms of capacity spond to most in vincomilitari criteria and which have made more commitments` represents an important innovation, ers. This' in the current EC Treaty and `not contemplated since enhanced cooperation in defense matters. The coo` governed by Article III-312, as riperazione and formulated by the Intergovernmental Conference, which `voting, the majority quaprevisto such lificata mode, with different modulations, for the decision establishing, for the extension of participation in a new state and for the suspension of the participation of a state which does not fulfill the necessary criteria; the una` in all other cases. It should be noted that the Decision establishing eccetnimita tuata, other decisions are taken only by the participating Member States to co-
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`Attached a Protorazione structured. The Treaty and neck on permanent structured cooperation (reproduced in the annex to the present volume) that provides for the opening of the permanent structured cooperation in all Member States to commit themselves to undertake `` intensively to develop its capacity more than defense, by strengthening national contributions and participation, where appropriate, in multinational forces, in the main European programs equi` of the European paggiamento and attivita defense. These must be able to provide, `Later in 2007, at national level or as a comal info of components of multinational force groups, targeted combat units for the missions planned, structured as a battle group, with support elements including transport and logistics, making it possible to undertake the tasks referred to in Article III309, within 5 to 30 days, in particular to meet the demands of the United Nations, and to keep them sustained for an initial period of 30 days and be extended up to at least 120 days. Article I-41, finally, with the changes made by the IGC to the Convention text, provides `close cooperation on defense reciuna more proca. Where a Member State victim of armed aggression on its territory, the other Member teas are Article 51 utes to lend assistance, in accordance `pregiudella UN Charter, without dichi what the specific character of the security policy and
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'' Dedi defense the conformity of certain Member States, it commitments and cooperation in this field to `under NATO, which re-commitments already is, for those States which are members of it, the foundation of their collective defense. Article I-42 provides for the creation of a `, security and justice, of freedom obtained arspazio monizzando national legal systems, promoting` competent lila cooperation between the various authorities of `Eurovello national and implementing activities also introduced a more` ` clear pol and Eurojust. You and distinction between the tasks of legislative nature and tasks of an operational nature. `Constitutionalized the principle of mutual recognition of judicial decisions and is approved at the European Council of Tampere in October 1999, which constitutes a concrete application of the principle of` mutual trust between the competent authorities `reiterated, with most in the formulation States , and and wider than the current EU Treaty, the competence for the approximation of the laws and regulations of the Member States, which is necessary in order to facilitate mutual recognition. `Was also enhanced the role of national parliaments and, through their participation in the evaluation phase of the implementation by Member States of EU policies in the field of space ', security and justice (Article III-260) ; meliberta means of their association to the political control of Eu` Europol (Article III-276) and evaluation of activities
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Eurojust (Article III-273); and, above all, by Article III-259, which provides that in matters of judicial and police cooperation in criminal matters, the national parliaments to monitor compliance with the `in accordance with its principle of subsidiarity Protocol. Article I-43 provides a solida` clause according to which the Union and the Member States Rieta act jointly when one of the latter has been the subject of a terrorist attack or natural or man-made disaster vit`. tima of a magnet is a new clause, which specifies the value `in Article I-2, which perdella solidarity` the mobilization of all the tools that will put the Union has to prevent the terrorist threat, protect the civilian population and democratic institutions and assisting a Member State in its territory in the event of a terrorist attack. According to the findings during the Convention's work, this clause does not imply an obligation of military assistance and would apply to non-state threats prove`. nienti by entities Based on the changes made by the IGC `Implementation of Article III-329, the mode` are defined by a decision clause of solidarity the European Council adopted a majority qualifi` if the decision has implications ed (all ' unanimity defense sector). In a Declaration to the Final Act, the IGC has stated that none of the provisions of
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Articles I-43 and III-329 affect the right of any `appropriate Member State to choose the means most in. to comply with its obligations of solidarity `concerning cooperation rafforIl Chapter III and Zate. Authorisation to proceed with enhanced cooperation in the framework of the non-exclusive competences of the Union (Article I-44) must be granted by the Council, by qualified majority, in accordance with the procedure referred to in Article III-419; only, `if it is not possible to achieve the same goals but from the Union as a whole and when the proposal comes from at least one third of Member States (Article 43 of the EU Treaty, to activate the enhanced cooperation, provides for the threshold of eight Member States). Decisions will be taken later in the Council, but the power to `held exclusively by the Member States will vote participants; consequently act addressed shall be binding only on them. A special regime applies to the admission of other Member States who wish to participate in a cooperation raffor` underway, with a possible final decision Zata Council already taken by a qualified majority (Article III-420, paragraph 1). With regard to enhanced cooperation in the field of foreign and security policy (Article III-419, paragraph 2 and III-420, paragraph 2), the decisions of the Council, both in the institution's subsequent participation, they are taken Euro-
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`(The text of the Convention envisaged, innanimita stead, a qualified majority). Article III-422, entered in the final phase of the Convention, provides that the Member States participating in the enhanced cooperation may modify, by unanimous decision, the voting system in policy areas which are the subject of closer cooperation itself, switching to `to that example in the system of qualified majority voting unanimously, without prejudice to decisions with military implications or those in the defense sector. Title VI (Articles I-45 to I-52) of the Constitution establishes the principles that underlie the democratic life of the Union: the principle of the equality of citizens of the Union (Article I-45); the principle of representative democracy (Article I-46), according to which citizens must be represented directly in the European Parliament, by means of elections by universal suffrage, and indirectly, then by their own governments, accountable to national parliaments, within to the European Council and the Council. Decisions must also be transparent and close to the citizens. They are mentioned political parties at European level, which contribute to forming European political awareness and `EU citizens. to express the will Article I-47 provides for the principle of participatory democracy, in which citizens and representative associations can participate actively
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the life of the mind, making known their views. It then regulates an innovative institution, introduced in the final phase of the Convention: the popular initiative. Paragraph 4 of the present article provides that one million citizens who are nationals of a significant number of Member States, may take the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate proposal. The social partners and the importance of autonomous social dialogue are instead recognized in Article I-48, together with the role of the tripartite social summit for growth and employment, while Article I-49 regulates the figure of the Ombudsman, important institution with the function of monitoring the `Community administration. `quality on the transparency of laL'articolo I-50 and vori Union institutions and provides that any natural or legal person resident in the Union has the right of access to be limited only to Co` munity, right that you can avail means of a European law. In particular, we note the extension of the principle of transparency also in the meetings of the Council. Article I-51 provides to strengthen the protection of personal data, also the matters covered by Article II-68. In a Declaration to the Final Act (reported in this volume in a footnote to Article I-51), the IGC states that, whenever rules on protection of data
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Personal to be taken in accordance with Article I-51 could have direct implications for national security, `take due account of the characteristics will have spent cations of the matter. Article I-52 is also expressed the recognition by the EU, the status enjoyed by churches and non-confessional organizations' national law of the Member States. Prein virtues that this vision reflects Declaration No. 11 annexed to the Amsterdam Treaty. Title VII (Articles I-53 to I-56) deals with the Union's finances. The first major innovation is the elimination of the distinction between compulsory and non-compulsory; Ca represented by another procedure acteristic relevant and approval of the budget, which requires the participation of the Council and the European Parliament on a proposal from the Commission (Article I-56). It is also established that the revenue and expenditure must be in balance. As for the provisions relating to the system of own resources, Article I-54 keeps `to the Council, voting unanimously with the rasistema cation by the Member States, while providing a transition to qualified majority (with the assent European Parliament) for its mo` execution. Dalita Article I-55 stipulates that each annual budget is established in compliance with the multiannual financial framework, which is designed to ensure the ordinary
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`Fixed born Union expenditure develops and with European law by the Board with the approval of parliament by a majority of its component members. Compared to the text of the Convention, which provided for the adoption of the MFF a Council decision by qualified majority, even if for a period transito`, rio the Council continued to approve unanimously the IGC has restored the deli` Council unanimously lution providing `that such a decision while the possibility ') allows the votaConsiglio (always unanimously tion by a qualified majority. It should be noted that this article constitutionalises the requirement to develop a multiannual financial framework with European law, that until now it had been the subject of an interinstitutional agreement. `on relations Union Title VIII and with the surrounding environment and the Title IX (items related to membership UDA` I-58 to I-60) and Union. Article I-57 recognizes the importance of peaceful relations with neighboring states, providing `for the Union of the possibility conconseguentemente conclude agreements with them. In a Declaration to the Final Act (reported in this volume in a footnote to Article I-57) it is expected to focus on the small states that entertain specifi` with the Union. that relations of proximity
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Article I-58 regulates the procedure ade`, to the Union and the criteria for admissibility substantially reproducing the provisions of Article 49 of the EU Treaty. First, it reaffirmed the fundamental importance of the values ??mentioned in Article I-2. The second paragraph provides that any European state can apply for membership and states that the Council, after consulting the Commission and Parliament's approval euro`. The accession agreement peo, a ruling unanimously `then be submitted for ratification by all the Contracting States will have. Article I-59, which reproduces Article 7 of the EU Treaty and Article 309 of the EC Treaty provides that the Council, acting by a majority particularly high and with the approval of the European Parliament, would see the risk of a serious breach of values ??referred to in Article I-2 by `racdi of a Member State, giving him altresi mendations. If the state does not conform to the recommendations, the European Council, acting all'u`, `can determine the existence of a serious and persistent breach of unanimity by a Member State of the values ??mentioned in Article I-2. Once that has been made this last finding, the Council, to `take a decision by qualified majority, potra to suspend certain rights deriving from the Member State's participation in community life. Subsequently, when the Council establishes a mil-
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` Can reinteglioramento of the situation, will grate the State in full of his rights. Article I- 60 finally provides the possibility of voluntary withdrawal from the Union, by means of a notification to the European Council by the State concerned. ` Provided that the Union shops and CONIN this case and cluda agreements with the state to regulate the outgoing faces the future relationship with the same. The definition of such agreements, however, does not affect the exercise of the right of each State to withdraw, a right - this today is not expressly provided for in the Treaties, but ` dalche obtainable according to the doctrine and the application of the Vienna Convention of 1969.
PART II
In Part II of the Constitution it is incorporated the Charter of Fundamental Rights, drafted by a special Convention in the period between December 1999 and October 2000, signed and solemnly proclaimed by the Presidents of the European Parliament, Council and Commission on the occasion of Nice European Council, Dec. 7 ` fundamental impor2000. This innovation and importance as it allows the Union to have its own catalog of fundamental rights, which are also binding on the EU institutions, bodies and agencies.
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`It was to INLA choice of the Convention and insert the card in full in the constitutional text, without any change concerning the provisions contained therein: this choice reflects the need to give it legally binding and constitutional status. Among the alternatives, in fact, the special working group of the Convention had suggested including only a reference to the Charter, but in order to achieve greater `the Constitutional Treaty and to provide it for readability` was the favorite op` clear legal, and most in addition it considered appropriate conzione inclusive. And you will preserve the Preamble of the Charter of Fundamental Rights, as an essential element of the same, without providing a fusion with the Preamble of the Constitution. The only major changes made to the Charter relate to the preamble and Articles II111 and II-112. `Specifically, paragraph 5 of the Preamble Piu` added a provision through and `which the explanations prepared under the authority of the Praesidium of the Convention which laid the` PraesiCarta, and updated under the responsibility of the European Convention dium, are high sources of interpretation. They should, therefore, be used by the Community Courts and the national courts in order to resolve any issues arising in the interpretation or implementation of the Charter of Fundamental Rights, thus delimiting the scope of
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tion. The explanatory notes, contained in a of` allechiarazione reported in the Final Act, and annexed to this volume. The second change to the text proclaimed at Nice `represented by two additions made to the text dele Article II-111 (which reproduces Article 51 of the Charter), under which the incorporation of` the distribution of non compeCarta will modify tences between Union and Member States. `Seen in teL'altra significant change and I'm Article II-112 (which reproduces Article 52 of the Charter), on the scope and interpretation of rights and principles, to which were added three paragraphs. The article in question in fact distinguishes between individual rights, which are directly applicable, and prin` necipi be fundamental for the implementation of which can sary the enactment of legislative and executive acts Community or national. Where, in fact, the Charter transpose fundamental rights borrowed from the constitutional traditions common to the Member States, their inter` be made on the basis of trapretazione will have `elevating to constitutional conditions themselves, which are so direct source of interpretation (Article II-112, paragraph 4 ). In paragraph 5, it is instead held that the provisions which contain principles viable only through additional legislative or executive acts may be used by the Community Courts or national only in the interpretation of `secondary legislation. Or it wants control of legitimacy so narrowly define the scope
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the principles and rights enshrined in the Charter of Fundamental Rights and to avoid reflections on the institutional balance of the Union, as further confirmed by paragraph 6 of that article. The IGC has also added a new paragraph 7 which provides for the courts of the Union and the Member States, the obligation to take due account of the explanations drawn up to provide guidance in the interpretation of the Charter. To this end, a Dichiara` starting of the engine attached to the Final reports, as it was born, the texts of the explanations relating to the Charter.
PART III It provides below a brief overview of sin` account the elements of the thesis, sector by sector, that innovation in the Treaty as aspects instead remained unchanged with regard to Union policies, with particular reference to legal bases and decision-making. ` Highlighted in the examination of artiCome already coli from I- 33 to I- 37, the Constitution raises the co-decision procedure to the ordinary legislative procedure, pre` exceptions. However, the possibility for seeing ` As regards Part III of the Constitution, and it recorded a general extension of the legislative procedure, and a resulting accentuated involvement of the European Parliament, and have been created for specific sectors new legal bases, in the absence
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of which, on the basis of article 308 of the EC Treaty, it should have been carried by a unanimous vote of the Council and mere consultation of the European Parliament. On the other hand, for the various EU policies are still exceptions to the ordinary legislative procedure, concerning the moda` voting in the Council, the degree of participation of the European Parliament litas, or both. Finally, we note that the articles of Part III re` examined in lativi institutions were already in the analysis of Part I of the Treaty.
Provisions of general application Article III - 116 on promoting ` between men and women, and an associated ` Didella parity declaration annexed to the Final ( reported in this volume in a note to Article III - 116 ), in which the ' Union is committed to fight against all forms of domestic violence. The IGC into the Treaty a new Article III - 117, which stipulates that the Union should take into account, in the definition and implementation of its policies, requirements linked to the promotion of a high level of employment and adequate social protection , the fight against social exclusion and the promotion of a high level of a istru', training and health protection; well
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new Article III - 121 on the welfare of animals, as sentient beings.
Non-discrimination and citizenship Article III-124 maintains the measures referred al` Article 13 of the EC Treaty, providing for unanimity in the Council for measures to combat discrimination based on sex, racial or ethnic origin , religion or belief, disa`, the `age or sexual orientation, and maggiobilita ance qualified for the identification of the basic principles and the definition of incentive measures designed to support action taken by Member States. `ConL'articolo in III-126 maintains the unanimity` exercise of the Council with regard to the mode 'right to vote in municipal elections and eligibility and elections to the European Parliament. Article III-129 provides that every three years, the Commission will submit a report to the European Parliament, the Council and the Economic and Social Committee on the implementation of Article I-10, on the rights of EU citizens. The Council, on `ComBase the Commission's observations, can plete the rights provided for in Article I-10 by a` law or framework law, acting unanimously after approval by the European Parliament. The law or framework law shall enter into force only after the ap-
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` Rispetprovazione to the Member States in accordance tive constitutional.
Free movement of workers in the field of social security for Community migrant workers (Article III-136), switching from the Council to the `` codecicodecisione with unanimity added a new paragraph sion. The IGC but that allows any Member State to submit to the European Council every draft law or framework law that affect fundamental aspects of its social security system, including its scope, cost or structure financial, or the financial equilibrium of such a system. In that case, the co-decision procedure is suspended and en` decide against four months, the European Council can restart it or request the Commission to submit a new draft.
Right of establishment for the exclusion in a Member State of certain `The provisions relating to the activities right of establishment (Article III-139), switching from a qualified majority in the Council, with the consultation of the European Parliament, to co-decision.
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For the coordination of sull'ac` self-employed and their exercise, the activity process in the case of coordination of existing legislative principles of the system of professions as regards training and the conditions of access for natural persons (Article III - 141 ), switching from codeci` the Council to co-decision. sion with unanimity
Services To extend the benefit of the provisions relating to the provision of services to the citizens of a third country established within the Union (Article III - 144 ), switching from a qualified majority in the Council, with the consultation of the European Parliament, to co-decision. On the issue of liberalization of services (Article III - 147 ), switching from a qualified majority in the Council, with just an opinion from the European Parliament to co-decision. For the adoption of measures on the movement of capital from third countries to or (Article III - 157 ), switching from a qualified majority in the Council to co-decision. Re` the Council, instead it lends confirmed the unanimity consulting the European Parliament, for measures which constitute a step back in Community law as regards the liberalization of capital movements from countries
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third to or. The IGC has added a new paragraph in Article III-158, which stipulates that the Council, acting al`, at the request of a Member State, the unanimity may adopt a European decision confirming the com` with the Constitution tax measures restritpatibilita tive that that State has taken in respect of a 'these measures are justified `third countries, as long as one or more of the objectives of the Union and compatible with the internal market. With regard to the new Article III-160, it is expected that, through a European law (co-decision), the definition of a framework of measures on capital movements and payments, such as financial or congela` benefits of funds, cost of ownership they belong to individuals or non-state down keys WHEN 'ridiche, groupings or entities `is necessary for the realization of the objectives what` sicuenunciati Article III-257 (space of freedom rity and Justice). The Council, on a proposal from the Commission, regulations and decisions required for the implementation of the said law. There must be the necessary provisions on legal safeguards, with particular reference to the respect of the right to due process (as evidenced by the Declaration attached to the Final, reported in this volume in the note relating to this article). Remember that similar measures for the freezing of assets and capital, are covered by Article 301 of the EC Treaty as part of the economic relations
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nomic with third countries and provide a resolution of the Council by qualified majority on the Commission proposal. On the same subject the article ` for the individual 60 of the EC Treaty provides for the possibility Member State, ` ` for serious political reasons and on grounds of urgency ' ', to take unilateral measures, made ??` to the Council, acting by a chance to save the qualified majority on a proposal from the Commission, to obtain the modification or withdrawal of such measures.
Tax provisions Article III - 171 provides for the maintenance del` the Council ( unanimity after consultation of the European Parliament and the Economic and Social ) in the procedure of adoption of laws and framework laws European harmonization of legislation concerning taxes turnover tax, excise duties and other indirect taxes, necessary to ensure the functioning of the internal market and to avoid distortion of competition. Compared to the text of the Convention, the Intergovernmental Conference has quashed the paragraph 2 of this article and the next article, if you were planning to introduce general arrangements, under which the rule unanimously Consi` ` the transition to majority can Magglio qualified, in the case where the harmonization measures referred to above relate to cooperation
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administrative or combating tax fraud and tax evasion, and if it finds that measures ` riguarrelative tax in society dano administrative cooperation or combating tax fraud and tax evasion.
Approximation of laws In case of approximation of laws with a direct impact on the internal market (Article III - 172 ), is expected to co-decision, after consultation of the Economic and Social Committee. ` Intellectual (Article IIIIn theme of ` property to the Council with an opinion 176 ), it moves from unanimity simple of the European Parliament, like Article 308 of the EC Treaty ( valid for any action necessary to achieve one of the purposes of Comu` without the Treaty has not provided the necessary powers specinita ` ` planned instead unanimity surfaces ), to co-decision. And the Council, with the consultation of the European Parliament, with regard to the determination of the language arrangements for the European .
Economic and monetary policy Article III - 179 formalizes, for cases in which the economic policies of a Member State are in-
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consistent with the broad guidelines established dal`, for the Commission, of rivoll'Unione, the possibility gere a warning to the Member State concerned `innovating compared to the EC Treaty); the vote (with what the Council on the recommendation related to the warning is expressed in the double majority and without taking into account the vote of the representative of the Member State concerned. Article III-184 on the excessive deficit procedure, gives the Commission a power as part of the process proposed for the determination of an excessive deficit. If this deficit has been established, its recommendations to the Member State in question are adopted by the Council on the recommendation of the Commission (as requested by certain Member States, including Italy), and without the obligation under dal` Article III-395, to change only the content of the text unanimously presented by the Commission, as it was envisaged in the text prepared by the Convention. In a statement attached to 'Final Act (reproduced in this volume in the note to Article III-184), emphasizes the importance of sta` and Growth Pact as part of a model based on balanced economic growth bility, and a sostan` of prices. tial established is a newly introduced Article III-196 on the external representation of the euro, which provides, `to the Council, on a proposal by the way, the possibility of the Commission and therefore qualified majority
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ed, to define common positions to ensure unified representation within the international financial institutions and conferences. As for the procedural changes, receiving specific proposals of the Working Group approved the move to `` `simplification '', and a new voting system for matters currently subject to the cooperation procedure, namely: multilateral surveillance on consistency economic policy (Article III-179, paragraph 6), in co-decision; the harmonization of denominations and technical specifications of all coins intended for circulation (Article III-186, paragraph 2), a simple consultation; regulations and decisions on the application of the prohibition of privileged access to financial institutions for the public authorities (Article III-183, paragraph 2), a simple consultation; regulations or decisions on the application of the prohibitions of granting overdrafts to public institutions (Article III-183, paragraph 2), a simple consultation; laws or framework laws that rely on the ECB specific tasks relating to prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings (Article III-185, paragraph 6), a simple consultation, inclusive of `in Council (the text of the opinion of the ECB, with unanimity
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the Convention envisaged instead the majority in the Council) ; the procedure emendativa of certain parts of the Statute of the ESCB (Article III - 187, paragraph 3 ), in co-decision. The Intergovernmental Conference, by modifying the second paragraph of Article III -198 provides that the Council is to determine which of the Member States excluded from the euro area meet the necessary conditions to be part of it, should act on the basis of a recommendation of a majority quali` the euro. fied States whose currency is finally and formally recognized the existence of the Eurogroup, through a protocol annexed to the Constitution ( in the Annex to this volume ) which, in Article 2, provides for the election by majority vote, by ministers States of the euro area, a President for a period of two and a half years.
Employment of the guidelines on employment (Article III - 206 ), is confirmed with the procedure laid down in Article 128 of the EC Treaty, ie qualified majority in the Council on a proposal from the Commission and after consulting the European Parliament .
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On the establishment of the Employment Committee (Article III - 208 ) is confirmed with the procedure laid down in Article 130 of the EC Treaty, that is a simple majority in the Council after consulting the European Parliament.
Social policy Article III-210 replaces Article 137 of the EC Treaty, which provides for the co-decision for the improvement of the working environment, working conditions, information and consultation of workers, the integration of persons excluded from `market between men and women, the fight work, equal opportunities against social exclusion, the modernization of social protection systems. For a group of other provisions (protection of workers in cases of termination of the employment contract, representation and collective defense of the interests of workers and employers, conditions of employment for third-country nationals legally residing in the territory of the Union) , Article 137 provided a standard `` bridge '', whereby the Council, on a proposal from the Commission and after consulting the European Parliament `to switch to, could decide unanimously co-decision. The new Article III-210 formalizes a definitive system of bridge established with the so-called `` compromise of Nice '': `posnon it also includes, between the rules for which and
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possible the move to qualified majority, the provisions relating to social security and prote` tion in every social worker, for which ` will in the Council. If the expected unanimity Article III - 212 replaces Article 139 of the EC Treaty, on the introduction of agreements between the social partners at EU level. The procedure implementation is entrusted to a Council decision on a proposal from the Commission and the balance between ` it reflects permaggioranza unanimity perfectly qualified and the breakdown by subject matter provided for in Article III - 210. Article III - 217, for the establishment of a Committee for Social Protection, keeps a simple majority in the Council ( acting on his own initiative ), after consulting the European Parliament.
Economic, social and territorial cohesion to Article III - 223, on the Structural Funds and the Cohesion Fund, the Intergovernmental Conference has modified the text of the Convention, which provided for the transition to co-decision since ` in the Council for 2007 maintaining the unanimity first provisions on the structural funds to be adopted following those in force on the date of signature of the Treaty. The transition to co-decision veri` since the reform next. The current fichera
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Article 161 of the Treaty provides for a transition to qualified majority voting in the Council since 2007 ( attual` ), with opinion mind the Council shall unanimously compliant Parliament.
agricultural policy
Article III - 230, on the application of competition rules to the common agricultural policy, will pass by qualified majority in the Council on a proposal from the Commission and after consulting the Parliament to co-decision. The authorization to grant aid is through regulation and Council decision on a proposal from the Commission. Article III - 231, on the legislation on the common agricultural policy, lays down the passage by a qualified majority in the Council on a proposal from the Commission and after consulting the Parliament to co-decision. Fixing prices, levies, aid and limitations ' the fixing and allocation of quantitative as well as ` fishing, made ??through regoladelle possibility chin and Council decision on a proposal from the Commission.
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Environment Article III - 234 keeps unchanged the existing rules, under which the Union's objectives in this area are made through co-decision, subject to the measures primarily of a fiscal nature, measures affecting town and country planning, management quantity of water resources or affecting, directly or indirectly, the of` the same, land use, except unavailability of waste management, and measures significantly affecting the choice of a Member State between different energy sources and the general structure of its energy supply state. For these measures remains previ`, with a standard bridge is according to the unanimity define ` ` unanimously, with a European decision which the Council may, on subjects such as switch to qualified majority.
Trans-European networks Article III - 247 requires that the procedure ` codeciadottata in the trans-European networks and mission, subject to the approval of the Member State in whose territory insist the projects of common interest .
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Research, technological development and space Changes to the text of the Convention made ??by the Intergovernmental Conference stipulate that both the specific programs implementing the Framework Programme for research, as any intervention to complement the actions under the framework program, will be established with European law of the Council, after consulting the European Parliament. Of particular note the new Article III - 254 on the development of a European space policy, introduced by the Convention. ` Promote initiatives to that end can coL'Unione muni, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space, including adoption through co-decision, a European space program.
Energy With Article III - 256 is introduced ad hoc legal basis for the EU policy in the energy sector, providing for the co-decision for the measures to ensure the functioning of the energy market and security of energy supply Union, as well as to promote energy conservation, energy efficiency and the development of new and renewable energies. Retains the
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non incidenza dei provvedimenti assunti dall'Unione sulla scelta di uno Stato membro tra diverse fonti di energia e sulla struttura dell'approvvigionamento energetico del medesimo, per le quali vale la proce` piu ` disposidura di cui all'articolo III-234 (unanimita zione passerella). In precedenza, come per tutte le materie senza una base giuridica specifica, anche per l'energia si applicavano le procedure di cui all'ar` al Consiglio e ticolo 308 del Trattato CE (unanimita parere semplice del Parlamento). La Conferenza intergovernativa ha introdotto una deroga per le misure relative al mercato dell'energia che siano principalmente di natura fiscale. Per tali misure continua ad ` in Consiglio, previa consultaapplicarsi l'unanimita zione del Parlamento europeo.
`, Security and justice space of freedom On visas, asylum, immigration and other policies related to free movement of persons, Article 67 of the EC Treaty provided - for a transitional period of five years after entry into ` force of the Treaty of Amsterdam to the Council - the unanimity on a proposal from the Commission and after consulting the European Parliament. After that period, it was expected to pass by a majority, at the proposal of the Commission, and a unanimous decision of the Council, after consulting Parliament, the sectors to which apply the co-decision
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sion. Now, Articles III-265, III-266 and III-267 directly involve the co-decision procedure, `Member States of deferma prejudice the power shall terminate their immigration quotas, in accordance with the needs of national labor markets. In this area the Union's policies and their implementation at`e are governed by the principle of solidarity between the Member `fair sharing of responsibility members, including its financial implications (Article III268). On judicial cooperation in criminal matters, Articles 31 and following of the EU Treaty `provide the Council with a simple opinion of Parl'unanimita lament, while Article III-270 establishes the transition to co-decision. Similar considerations apply as regards minimum rules concerning the definition of criminal offenses and sanctions in `particularly serious (Article III-271 spheres of crime); support measures to prevent `(Article III-272); the structure, the crime operation, field of action and tasks of Eurojust (Article III-273); police cooperation regarding the exchange of information, training and technical joint investigation (Article III-275); structure, operation, field of action and tasks of Europol (Article III-276). `The co-decision legislation also applies in relation to civil judicial cooperation, with the exception of the measures relating to aspects of family law with cross-border implications, for
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`` Provided the unanimity in the Council after consulting the Parliament and conquali, accompanied by the usual standard-catwalk (Article III-269). Other areas of judicial cooperation in criminal matters for the `in Council which are still applies the unanimity the possible establishment of a European Public Prosecutor (Article III-274); operational cooperation between the police forces of the various Member States (Article III-275); `conditions' competent and limitations under which the authorities States in the fields of the judiciary and the police can operate on the territory of another Member State (Article III-277). The IGC has introduced specific provisions in Articles III-270 and III-271, on the basis of which each member of the Council if it considers that a draft European framework law on cooperation in criminal and minimum rules on definition of criminal offenses and sanctions would affect fundamental aspects of its criminal justice system, `request the intervention of the European Council, can with immediate suspension of the legislative procedure. Within four months of this suspension, the Council `restart the procedure or may ask the European Commission or the group of Member States which has submitted the draft framework law to present` provided that, in asun new project. Altresi is no initiatives by the European Council or in the event of failure to adopt a framework law after 12 months of a new project, it is possible to proceed towards the establishment of a cooperation
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tion strengthened if at least one third of the Member States so wish. With regard to Article III - 274, the Intergovernmental Conference has restricted the tasks of the European Public Prosecutor only to combat crimes affecting the financial interests ` Union by providing altresi ' that the European Council, after approla chance approval of the Parliament European and consulting the Commission, adopt a decision in order to extend the powers of the prosecutor to the fight con` serious crime having a size trantro tional. Finally, it should be mentioned in Article III - 258, under which the European Council will provide `` strategic guidelines ' ' the `` programming le`, sicugislativa and operating ' ' in the space of freedom ` institutionalized his rity and justice, with what the role of impulse and stimulus in this area.
` Sanita The version approved by the Intergovernmental Conference, Article III - 278, on the health policy, the Union's action extends to the monitoring, early warning and combating serious threats tran` including between -border health. Altresi are the measures to be taken by the law or framework law euro` and sicupea setting high standards of quality
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' Health Protection rity of medicines as well as human regarding tobacco and alcohol abuse.
Culture Article III - 280 provides that incentive measures in the cultural field, to the exclusion of any harmonization of the laws and regulations of the Member States, should be adopted by co-decision, while Article 151 of the EC Treaty provides for co-decision currently in ` Council. It is still expected with ` unanimity, for the Council to adopt raccomanla possibility mendations of the Commission proposal.
Tourism The IGC has introduced tourism between the Union and complementary areas of action, in the new Article III - 281, identified the objectives to be pursued in the encouragement of the creation of an environment conducive to enterprise development and adoption of measures to promote cooperation between Member States, without which, in pursuit of these objectives, we proceed to any harmonization of the laws of the Member States.
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Civil protection Article III - 284 creates a new legal basis in order to encourage Member States to cooperate in order to strengthen the effectiveness of systems for preventing ` natural source and protecting against human magnet within the Union ( with excluding any harmonization of the laws and regulations of the same ), applying code` with consultacisione replacing unanimity tion of the European Parliament, under Article 308 of the EC Treaty.
Association of countries and overseas territories already ` ` preL'articolo III - 291 retains the unanimity view Article 187 of the EC Treaty for the measures is the procedure to dell'associarelative mode operation between the countries and overseas territories and the Union .
Common foreign and security policy Article III - 293 provides for decisions on the identification of strategic interests and objectives of the Union, that the European Council should act by `` ` on the recommendation of the Council, unanimously
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`Provided according to the procedures adopted by the latter for each sector ''. Article III-296 is expected, among other things, that the Minister of Foreign Affairs avails itself, in exercising its functions, by a European External Action Service, which works in cooperation with the diplomatic services of the Member members. As more fully explained in a declaration annexed to the Convention Draft Treaty and now as falling from `coCIG be in the same article, this service will have stablished by decision of the European Council, on a proposal of the Minister of Foreign Affairs and after consulting the European Parliament and approval of the Commission, officials from the General Secretariat of the Council and of the Commission and staff seconded from national diplomatic services. Article III-299 is reiterated that the right of initiative lies, as well as in each Member State, to `deministro of Foreign Affairs and that the latter can cide to get the support of the Commission without tying its proposal to the prin `. In cases requiring a rapid decision decipio of collegiality, the Minister for Foreign Affairs shall convene, ex officio or at the request of a Member State, an extraordinary session of the Council within forty-eight hours or, in the case of emer` short. gency, also within most in Article III-300 reiterates that unanimity 'to refrain both (with constructive abstention, as long
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less than a third of the Member States) remains the general rule for decisions in the CFSP. As for the exceptions to this rule, they, in addition to the decisions that establish or implement actions and positions `cases of proposed concomuni not include more junta minister and the Commission, as originally proposed by the Praesidium of the Convention on the basis of the report of the` 'dedicated Working Group, but rather the actions of the minister taken following a request from the European Council, acting all'unani` according to the general rule laid down in the field of foreign policy mita Article I-40. It is, however, formalized the so-called `` standard catwalk '' according to `decide all'unanila which the European Council can` the Council to act by a majority qualifimita `exception object, ed in cases other than those already provided that no` Except unanimously `it is required for decisions which have implipuo tions military or the defense industry. Article III-304 are increased provisions on the consultation of the European Parliament in CFSP matters and it is envisaged that, `to inform the Parliament with regard to responsibility, there may be associated with even the Special Representatives appointed by the Council, on the initiative of Minister, in accordance with Article III-302. According to Article III-305, the Member States coordinate their action in the appropriate in-
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ternational and at international conferences. The Minister for Foreign Affairs shall organize this coordination. In these locations the states involved defend the Union's positions. It is also expected that the Member States represented in international organizations or international conferences where not all the Member States participate, as well as Member States which are also members of the UN Security Council, takes fully informed, as well as other Member States, even Minister for Foreign Affairs. Article III-307 strengthens the role of the Minister in relation to the Political and Security Committee, while Article III-308, as amended by the IGC, expected that the implementation of the common foreign and security policy does not prejudge the ' application of the procedures and the extent of the powers of the institutions laid down by the Constitution for the exercise of the Union competences listed in Articles I-12 to I-14 and I-16. It also provides that the implementation of the policies listed in those articles leave shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Constitution for the exercise of the Union's CFSP.
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The common security and defense policy
Article III - 309 expressly provides that the Council shall adopt decisions relating to the tasks ` resorting to military means and in which the Union can ` civil, establishing the objectives and scope and the general mode of implementation. Article III - 311 provides for the qualified majority in the Council for decisions on location, ` eustatuto Agency's operation and mode -European defense. The qualified majority in ` also scheduled for the mode of ` costituConsiglio and tion and finance, management and financial control of the fund ESDP missions (Article III313 ).
Common commercial policy Article III - 315 provides for the transition to co-decision with regard to the measures implementing the common commercial policy, for which Article 133 of the EC Treaty foresees instead the qualified majority in the Council, with just an opinion from the Par` European Parliament. It remains scheduled to unanimity Council for the negotiation of agreements in the fields of trade in services involving the movement of persons and the commercial aspects
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` Intellectual, as well as the properties of inciali foreign direct investments, ` ` where such agreements conten` required unanimity ` gano provisions for which ` and to the adoption of internal rules ' '. The unanimity Council is also scheduled for the negotiation and conclusion of agreements in the field of trade in cultural and audiovisual services where these ri` cultural and linguischino undermining diversity ', following the changes tics Union as well as made ??by the IGC in the field of trade ser` that rivizi in social, education and health care threaten to seriously disturbing the national organization of such services and prejudicing the re` Member States about their presponsabilita station.
Cooperation with third countries and humanitarian aid Article III - 319 provides for the co-decision, in replacement of the qualified majority in the Council plus ordinary consultation of the European Parliament, for measures of economic, financial and technical cooperation with third countries. The qualified majority in ` ` altresi expected to decisions within the Council and to provide financial assistance to urgency, for which, in the absence of an ad hoc legal basis, is currently subject to Article 308 of Trat` ). EC Treaty ( unanimity
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Budgetary discipline
Article III-402 supplements the provisions relating to the financial perspective (called `` MFF ''), providing for, among other things: a period of not less than five years; a definition, 'flexible, the categories of expenditure; a mecancorche nism to remedy any failure of the procedure for the adoption of the financial framework by extending the last year of the previous framework. Article III-404 (Article 272 of the EC Treaty) describes the budgetary procedure, pointing out, among other things, as the initiative lies with the Commission, but rather `` a draft that presents no more a real project, on which the Council do` vote by a qualified majority. The maneuver distinction between compulsory and non-compulsory is abolished, while for the actual procedure, the duration of which should be compressed during the four months between the date of presentation of the project (not later than 1 September) and the end of 'calendar year, it consists of a simplified version of the ordinary legislative procedure, with a single reading by the European Parliament and Council. In case of divergence between the two institutions, it would pass directly to the procedure concilia` detected, when, in tion. Moreover, as already during conciliation, the European Parliament approves the
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project of reconciliation and the Council rejects it, the Parliament itself, with a strengthened majority, ` confirm all or part of their emendapuo minds to the draft budget, which was adopted on that basis. Article III - 414 (Article 280 of the EC Treaty ) formalizes a flexible mechanism of the tripartite meeting ( or trialogue ) between the European Parliament, Council and Commission, with the latter in the role of mediator.
PART IV GENERAL AND FINAL Articles IV - 437 to IV - 442 reproduce similar provisions of the previous agreements, including among others the repeal of all the existing treaties ( with the exception of the Euratom Treaty ), the legal con` ` with the European Community and the European Union continuity as outlined in Maastricht, the field ap` territorial application of the Treaty, the non ostativita existence of regional unions such as the Benelux and the status of the Protocols annexed to the Treaty, which are integral part. Article IV - 443 on the procedure for amending the Treaty, institutionalizes the Convention method ( followed by the IGC ) for all the changes proposed by the governments of
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Member States, by the European Parliament or the Commission. It is up to the European Council, acting by a simple majority after consulting the European Parliament and the Commission, take a decision in favor of examining the changes pro` asked. Any decision that the magnitude of the changes would not justify the convening of a convention should be taken by the Council always a simple majority, but with the approval of the European Parliament. The IGC has introduced two new Articles IV-444 and IV-445. The article introduces a provision-IV444 walkway reach `General decide, according to which the Council can` `to vote unanimously on the passage of the mode to qualified majority voting and the ordinary legislative procedure for all those sectors of Part III to` or procei which is still expected to be tough special legislative unanimity. However, any initiative taken in this direction should be submitted to the national parliaments of the Member States, who have a veto power. Article IV-445 states that the Government of any Member State, the European Parliament and the Commission to submit to the European Council changes of Title III of Part III on the policies and internal actions of the Union. The `` may adopt a European Council, unanimously all'apdecisione `subject to that effect, which goes pear
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approval of all Member States, each according to their constitutional traditions. Finally, according to Article IV - 447, the Treaty shall enter into force on 1 November 2006, provided that all the instruments of ratification have been deposited. A Declaration to the Final Act (reproduced in this volume in a footnote in Article IV - 447 ) provides that if within a period of two years from the signing of the Treaty ` it has been ratified by at least four-fifths of them will ` ` have met difficulties States and one or more ` in the ratification, the matter will be to the European Council.
PROTOCOLS Attached to the Treaty have been included thirty ` mentioned in the text. Protocols. Some of them, and in this section we intend to dwell on the Protocol on the role of national parliaments in the European Union and the Protocol on the application and ` ` proportionality. the principles of subsidiarity Protocol on the role of parliaments nazio` significant regarding tional provides some new involvement of the parliaments themselves in the life of the Union, first of all the direct transmission of all documents for consultation and planning, ' of all the proposals laws that Commisnonche sion addresses to the European Parliament and the Council ( and the annual report of the Court of Auditors) .
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Regarding in particular the process and timing of the examination of legislative proposals, the Protocol establishes a period of six weeks from the date of their submission and their inclusion in the agenda of the Council. Also in order to ensure maximum transparency and information of national parliaments, the Protocol provides for the communication of the agendas and outcomes of Council meetings in `with governments. directly and simultaneity in regard to the inter-parliamentary cooperation, the Protocol entrusts to the European Parliament and national parliaments with the task of determining `organization and promotion. The Conle mode Conference of European Affairs Committees (Co` bring to the attention of the institutions SAC) can the EU contribution it deems appropriate, shall promote the exchange of information and best practices between the parliaments of the `organizStati States and the European Parliament and can Zare interparliamentary conferences on specific topics, in particular to discuss matters falling within the CFSP and ESDP. `For parlaIl Protocol also recalls the minds of national power shall send to the Presidents of the European Parliament, the Council and the Commission of a` propareri motivated about the `conformity. mail to the legislative principle of subsidiarity 'in which that opinion is issued the mode and its effects are specified by Proto` neck on the application of the principles of subsidiarity
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`. It provides that the mission He committed to proportionality consults widely before proposing legislative acts; it transmits to national Parliaments at the same time that it sends to the Union legislator; that national parliaments be transmitted immediately even legislative resolutions of the European Parliament and the Council's positions. `Also required to give reasons Detla Commission and tagliatamente its proposal with regard to the principles and` `proportionality, providing among other elements of subsidiarity on the financial impact and the consequences` for the rules to be implemented by Member States will be. The reasoned opinion of the national parliaments must be received within six weeks of the transmission of the legislative proposal. In the case of bicameral parliaments (as specifically required, among others, by representatives of the Italian Conven` also be issued by sinzione), the opinion can `, the parlagola room. To ensure full equality minds of the Member States which have introduced a unicameral system have two votes, while each of the chambers in a bicameral system falls have one vote. Where reasoned opinions represent one third of all the votes allocated to Parliaments na` shall review its tional, the Commission and `reduced to a quarter for proproposta. The threshold and `safety and raised in the area of ??freedom` provided a power of initiative justice, for which and
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Member States. When the process of rie` decide to maintain the same, can the Commission proposal, to amend or withdraw it, giving reasons for its decision. `Again in terms of violation of the subsidiarity it is a recognized power to appeal to the Court of Justice. Although no shortage of positions (first of all, within the Working Group on ') in favor of a power of action for subsidiarity by the national parliaments, the text of the Protocol expressly provides that it is the governments of the Member States to exercise directly or trasmet` with their own tend the application itself, `` in conformity legal order on behalf of a national Parliament of a Member State or of a national chamber of Parliament. '' Finally, among other protocols should be made mention of that amending the Euratom Treaty, adapting it to the new rules established by the Constitutional Treaty, in particular in the institutional and financial. This Treaty therefore, unlike the `European treaties and the European Union, the Community is not repealed by the Constitutional Treaty and remains in force.
TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
2
CONSTITUTION FOR EUROPE
WARNING In this volume reproduces the text of the Treaty establishing a Constitution for Europe, as reported in the document CIG 87/1/04 REV 1. In the articles and notes attached were al` played protocols and declarations magtresi gior of relief. ` Was equipped, The text of the Third Party and in brackets and in italics, with references to the corresponding provisions of the existing Treaties: the ` European Treaty ( TEC) and the Treaty on the European Community ( Treaty).
CONSTITUTION FOR EUROPE
3
PREAMBLE
` THE KING OF THE BELGIANS, PRESISUA MAJESTY THE TOOTH OF THE CZECH REPUBLIC, HER MAE` THE QUEEN OF DENMARK, THE TOOTH therefore chosen THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE REPUBLIC OF ESTONIA, THE PRESIDENT OF THE KING OF PUBLIC HELLENIC RE`, USA MAJESTY SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF CYPRUS, THE PRESIDENT OF THE REPUBLIC OF LATVIA, THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, THE PRESIDENT OF THE REPUBLIC OF HUNGARY, THE PRESIDENT OF MALTA, HER MAE` THE QUEEN OF THE NETHERLANDS, THE TOOTH therefore chosen FEDERAL REPUBLIC OF AUSTRIA, THE PRESIDENT OF THE REPUBLIC OF POLAND, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, THE PRESIDENT OF THE REPUBLIC OF SLOVENIA THE PRESIDENT OF THE SLOVAK REPUBLIC, THE PRESIDENT
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CONSTITUTION FOR EUROPE
TOOTH OF THE REPUBLIC OF FINLAND, THE GOVERNMENT OF THE KINGDOM OF SWEDEN, HER MAE` THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND IS, `cultural, religious and humanist inheritance DRAWING INSPIRATION from Europe, from which have developed the values Universal the inviolable and inalienable rights of `democracy, dell'uguapersona, freedom equality, and the rule of law; BELIEVING that Europe, reunited after bitter experiences, intends to continue along the path of ci`, progress and prosperity 'for the good of all cowardice its inhabitants, including the weakest and most needy; who wishes to remain a continent open to culture, learning and social progress; that it wishes to deepen the democratic and transparent nature of public life, and to strive for peace, justice and soli` in the world; darity CONVINCED that the peoples of Europe, while remaining `and their national history, proud of their identity are determined to transcend their ancient divisions and, united in` closely, to forge a common destiny demodo more and more; `", Europe offers CONVINCED that, "United in diversity 'of pursuing, to them the best chance to respecting the rights of each individual and in awareness' towards the future generations of their responsibilities and of the Earth, the great venture which It makes it a special area of ??human hope,
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DETERMINED to continue the work accomplished within the framework of European and qua` Treaties establishing the Community of the Treaty on European Union, ensuring conti` acquis communautaire ; continuity GRATEFUL to the members of the European Convention for having prepared the draft of this Constitution on behalf of the citizens and States of Europe, HAVE DESIGNATED AS THEIR PLENIPOTENTIARIES: ( List of plenipotentiaries not reproduced) WHO, having exchanged their full powers, in good and due form, they have agreed as follows:
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PART I
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TITLE I DEFINITION AND OBJECTIVES OF THE UNION Article I-1 Establishment of the Union 'citizens and 1. Reflecting the will of States of Europe to build a common future, this Constitution establishes the European Union, to which Member States confer competences to attain their common goals. The Union shall coordinate the policies of the Member States aim to achieve these objectives, and shall exercise on a Community basis the competences they confer on it. `Open to all European States which RI2. The Union and entitled to its values ??and are committed to promoting them together. Article I-2 The Union's values ??The Union is founded on the values ??of respect for human ', of the liberty, democracy, deldignita equality, the rule of law and respect for human rights, including the rights of persons belonging in a minority. These values ??are common to the Member States Co` characterized in a company
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in which pluralism, non-discrimination, and equality tol` `ance, justice, solidarity between women and men. Article I-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 from there keeping, security and justice without internal frontiers, and a shearwater and not `` free market where competition and distorted. 3. The Union shall work for the sustainable development of Europe based on economic growth equili` prices, on a social brata and established a highly competitive market, aiming at full employment and social progress, and on a high li` dell'amvello of protection and improvement of environment quality. It shall promote scientific and technological progress. It shall combat social exclusion and discrimination, and promotes justice and protection 'of women and men, solidarity between `social parity generations and protection of the rights of the child. It shall promote economic, social and `between Member States. territorial, and solidarity `cultuEssa respects its rich diversity ral and linguistic diversity and ensures the preservation and development of the European cultural heritage.
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4. In its relations with the wider world, the Union shall uphold and promote its values ??and interests. It contributes to peace, security, sustainable development is mutual respect between the Earth, solidarity peoples, to free and fair trade, eradication is the protection of human rights, in particodella poverty lar rights of the child, and to strict observance and development of international law, including respect for the principles of the UN Charter. 5. The Union shall pursue its objectives by appropriate means, using the competences conferred upon it in the Constitution. Article I-4 Liberta `fundamental and non-discrimination 1. The free movement of persons, ser` of stabilivizi, goods and capital, and freedom guaranteed by the chin and inside` the Constitution. in accordance 2. Within the scope of the Constitution and without prejudice to any special provisions contained therein, `Any discrimination based on nazionae`. lita Article I-5 Relations between the Union and the Member States 1. The Union shall respect the equality of Member `namembri before the Constitution and their identity
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tional inherent in their fundamental structures, political and constitutional, inclusive of regional and local self. It shall respect their essential State functions, in particular functions safeguard `territorial maintenance of the integrity of the public and the protection of national security. 2. According to the principle of sincere cooperation, the Union and the Member States respect, assist each other in carrying out tasks under the Constitution. Member States shall take any appropriate measure, general or particular, to ensure fulfillment of the obligations under the Constitution or resulting from the acts of the EU institutions. Member States shall facilitate the fulfillment of the Union's tasks and refrain from any measure which could jeopardize the objectives of the Union. Article I-6 Union law 1 The Constitution and law adopted by the Union's institutions in exercising competences conferred primacy over the law of Member States.
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Declaration on Article I- 6: 'The Conference notes that Article I- 6 reflects existing case law and the ` European Court of the Court of Justice of the Community of First Instance ."
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Article I- 7 Legal Personality ` ` legal. The Union has personality Article I- 8 The symbols of the Union The flag is a circle of twelve golden stars on a blue background. ` Based on the ' ' Ode to Joy ' the anthem of the Union and the Ninth Symphony by Ludwig van Beethoven. `: ' United in diversity ' ." The motto ` Union and the euro. The currency of the Union and ` celebrated on 9 May in Europe Day and throughout the Union.
TITLE II FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION Article I- 9 Fundamental rights and ` 1. The Union recognizes the rights, freedoms principles enshrined in the Charter of Fundamental Rights which constitutes Part II .
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2. The Union shall accede to the European Convention of Human Rights ` fondasalvaguardia and mental freedom. Such accession shall not affect the Union's competences as defined in the Constitution. 2 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and ` fundamental freedoms resulting from the common constitutional traditions of the Member States, are part of the Union's law as general principles. Article I- 10 Citizenship of the ` citizen of the person holding the cit1. And zenship of a Member State. Citizenship of the Union shall be additional to national citizenship and shall not replace it. 2. Citizens of the Union shall enjoy the rights and be subject to the duties provided in the Constitution. They have:
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Declaration on Article I- 9, paragraph 2: " The Conference agrees that the Union's accession to Conven` tion for the Protection of Human Rights and freedom ` designed to preserve the fundamental should be realized with formality of ` ' Union legal order. in this rispecificita look, the Conference notes the existence of a regular dialogue between the Court of Justice of the European Union and the Court ` be strengthened European Human Rights ; such dialogue could ` joined to that Convention." not just the European Union will have See also the Protocol set out on p. 490 .
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a) the right to move and reside freely within the territory of the Member States ; ` Elections b ) the right to vote and eligibility of the European Parliament and in municipal elections in the Member State in which they reside, under the same conditions as nationals of that State ; c ) the right to enjoy, in the territory of a third country in which the Member State of which they are cittadi` represented, the protection of the authorities ` zenship not plomatiche and consular any Member State, the same conditions as nationals of that State ; d ) 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. These rights are exercised in accordance with the conditions and limits defined by the Constitution and by the measures adopted thereunder.
TITLE III UNION COMPETENCES Article I- 11 Fundamental principles 1. The limits of Union competences are governed by the principle of conferral. The exercise
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uncle of Union competences is based on prin` and proportionality '. principles of subsidiarity `the principle of conferral, the Union 2. By virtue act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set. Competences not conferred upon the Union in the Constitution remain with the Member States. `` In the fields of the principle of subsidiarity 3. In virtue that does not fall within its exclusive competence, the Union shall act only if and insofar as the objectives envisaged can not be sufficiente' centrally mind achieved by the Member members, it 'it 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 `` sull'applicasussidiarieta accordance with the Protocol and proportionality `*. of the principles of subsidiarity National Parliaments shall ensure compliance with that principle in accordance with the procedure provided for in the Protocol. `, The con` the principle of proportionality 4. In virtue held and form of Union action shall not` what is necessary to achieve the objectives of the Constitution. The Union Institutions shall apply the principle of `` conformementealprotocollosull'appliproporzionalita and proportionality '. cation of the principles of subsidiarity
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`Refer to page. 469. The text of the Protocol and
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Article I-12 Categories of competence 1. When the Constitution confers on the Union exclusive competence in a specific area, `legislate and adopt the Union can giuridicasolo mind binding. Member States may do so themselves only if so empowered by the Union or to implement Union acts. 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 may legislate and adopt legally binding acts in this area. Member States shall exercise their competence to the extent that the Union has not exercised, or has decided to cease exercising. 3. Member States shall coordinate their policies `previeconomiche and employment according to the mode of` compeste in Part III, the definition of which is tence Union. 4. The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defense policy. 5. In certain areas and under the conditions provided for by 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.
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Legally binding acts of the Union adopted on the basis of the provisions of Part III relating to these areas may not entail harmonization of the laws and regulations of the Member States. `Statements of com6. The scope and modalities of the skills are determined by the provisions of Part III relating to each area. Article I-13 Areas of exclusive competence 1. The Union shall have exclusive competence in the following areas: a) customs union; b) definition of the competition rules necessary for the functioning of the internal market; c) monetary policy for the Member States whose `the euro; currency and) the conservation of marine biological resources under the common fisheries policy; e) common commercial policy. 2. The Union shall also have exclusive competence 'that conconclusione of an international agreement when `provided for in a legislative act of the Union` oe conclusion and necessary to enable it to exercise its influence compe` tences internally or to the extent that can common rules or alter their scope.
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Articolo I-14 Settori di competenza concorrente 1. L'Unione ha competenza concorrente con quella degli Stati membri quando la Costituzione le attribuisce una competenza che non rientra nei settori di cui agli articoli I-13 e I-17. 2. L'Unione ha una competenza concorrente con quella degli Stati membri nei principali seguenti settori: a) mercato interno, b) politica sociale, per quanto riguarda gli aspetti definiti nella parte III, c) coesione economica, sociale e territoriale, d) agricoltura e pesca, tranne la conservazione delle risorse biologiche del mare, e) ambiente, f) protezione dei consumatori, g) trasporti, h) reti transeuropee, i) energia, ` , sicurezza e giustizia, j) spazio di liberta k) problemi comuni di sicurezza in materia di ` pubblica, per quanto riguarda gli aspetti definiti sanita nella parte III. 3. Nei settori della ricerca, dello sviluppo tecnologico e dello spazio, l'Unione ha competenza per condurre azioni, in particolare la definizione e l'attuazione di programmi, senza che l'esercizio di tale competenza possa avere per effetto di impedire agli Stati membri di esercitare la loro.
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4. In the areas of development cooperation and humanitarian aid, the Union shall have competence to carry out actions and a common policy, however, the exercise of that competence may not result in Member States being prevented from exercising theirs. Article I-15 The coordination of economic and employment policies 1. The Member States shall coordinate their economic policies within the Union. To this end, the Council of Ministers shall adopt measures, in particular broad guidelines for these policies. `The euro appliAgli Member States whose currency cano and specific provisions. 2. The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies. `Take initiatives to ensure 3. The Union can coordinate social policies of the Member States. Article I-16 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 definition
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`Siva lead to a common defense policy that can a common defense. 2. Member States shall actively and unreservedly support the common foreign and security policy `` recidell'Unione and solidarity in a spirit of loyalty and respect proca Union action in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness. Article I-17 Areas of supporting, coordinating or complementary action The Union shall have competence to carry out supporting, coordinating or complementary action. The areas of `European, are the following: such actions, in their purposes a) protection and improvement of human health, b) industry, c) culture, d) tourism,`, sports and training proe) education, youth professional, f ) civil protection, g) administrative cooperation. Article I-18 `flexibility clause 1. If action by the Union should prove necessary, within the framework of the policies defined in Part III, to realiz-
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Zare, one of the objectives covered by the Constitution, and the Constitution has not provided the necessary powers to this end, the Council of Ministers, acting on a proposal from the European Commission all'u` and prenanimita via approval of the European Parliament, shall adopt the appropriate measures. 2. The European Commission, in the framework of pro` whose procedure of monitoring the principle of subsidiarity in Article I- 11, paragraph 3, calls the attention of national parliaments to proposals based on this article. 3. Measures based on this Article shall not entail harmonization of the laws and regulations of the Member States in cases where the Constitution excludes.
TITLE IV THE UNION 'S INSTITUTIONS AND BODIES CHAPTER I THE INSTITUTIONAL FRAMEWORK Article I- 19 The Union's institutions 1. The Union shall have an institutional framework which aims to: promote its values,
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advance its objectives, serve its interests, those of its citizens and those of the Member States, ensure the consistency, effectiveness and continuity of its policies and conti` of his actions. This institutional framework comprises: the European Parliament, the European Council, the Council of Ministers (hereinafter "Council"), the European Commission (hereinafter "Commission"), the Court of Justice of the European Union. 2. Each institution shall act within the powers conferred by the Constitution, according to the procedures and terms thereof. The institutions shall practice full mutual cooperation. Article I-20 The European Parliament 1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Constitution. It elects the President of the Commission. `Compound rappresen2. `The European Parliament and many of the citizens of the Union. Their number can not be more than seven hundred and fifty. The representatives
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`Shall be degressively importance of citizens and proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated `ninety-six seats. most in on iniIl European Council adopts unanimously initiative of the European Parliament and with its consent, a European decision establishing the composition of the European Parliament, respecting the principles referred to in the first paragraph. 3. Members of the European Parliament are elected by direct universal suffrage, free and secret ballot for a term of five years. The European Parliament shall elect from among its members the President and the Bureau. Article I-21 The Council of the European Union with the `im1. The European Council of pulses necessary for its development and shall define the `general policies. No guidelines and priorities legislative functions. `Composed of the heads of 2. The European Council and the State or Government of the Member States, its President and the President of the Commission. The Minister for Foreign Affairs participates in the work. 3. The European Council shall meet quarterly, convened by its President. If the agenda of the `requires, the members of the European Council may decide to be assisted by a minister and the president
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Commission by a member of the Commission. If the situation so requires, the President shall convene a special meeting of the European Council. 4. The European Council shall be taken by consensus, except where the Constitution provides otherwise. Article I- 22 The European Council President 3 1. The European Council shall elect its President, by qualified majority for a term of two years ' re-elected once. and a half. Its mandate and in case of impediment or serious misconduct, the Council ` to end the mandate according to medeeuropeo may mum procedure. 2. The President of the European Council: a) shall chair it and the work of the European Council ; ` Of the lab ) ensure the preparation and continuity vori of the European Council, in cooperation with the President of the Commission and based on the work of the Council " General Affairs " ;
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Declaration on Articles I- 22, I- 27 and I- 28: " The choice of the persons called upon to hold the offices of President of the European Council, President of the Commission and to take due mi` Dniester Foreign Affairs will have ` ` to respect the diversity and geographical needs of graphic democonto Union and its Member States. "
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c ) shall endeavor to facilitate cohesion and consensus within the European Council; d ) submit to Parliament a report after each of the meetings of the European Council. The President of the European Council shall, at his 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 powers of the Minister for Foreign Affairs. ` 3. The President of the European Council may not hold a national office.
Article I- 23 The Council of Ministers 1. The Council shall, jointly with the European Parliament, the legislative and budgetary functions. Exercises functions of policy-making and coordination of the conditions laid down in the Constitution. ` Composed of one representative of 2. The Council and each Member State at ministerial level, who may commit the government of the Member State and is to exercise the right to vote. 3. The Council shall act by a qualified majority, except in cases where the Constitution provides otherwise .
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Article I-24 Configurations of the Council of Ministers 1. The Council shall meet in different formations. 2. The Council "General Affairs" ensure consistency in the work of the different Council formations. It prepares the meetings of the European Council and ensure follow in liaison with the President of the European Council and the Commission. 3. The Council, "Foreign Affairs" elaborates the Union's external action in accordance with the strategic guidelines laid down by the European Council and ensure the consistency of the Union. 4. The European Council shall adopt by a qualified majority a European decision establishing the list of other Council formations. 5. A Committee of Permanent Representatives of `responsible prepagoverni ration of the Member States and the Council's work. 6. The Council shall meet in public when it deliberates and votes on a draft legislative act. `Divided To this end, each Council meeting and in two parts, dealing respectively with deliberations` not legislasu Union legislative acts and activities tive. 7. The Presidency of Council configurations, `eserciad exception of the" Foreign Affairs ", nanny and the representatives of the Member States in the Council on the basis of equal rotation, in accordance
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with the conditions established by a European decision of the European Council. The European Council shall act by a qualified majority. 4
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Declaration on Article I-24, paragraph 7, concerning the European Council decision on the exercise of the Presidency of the Council: "The Conference declares that the Council should begin preparing the European decision` Implementation of the European decision establishing the modalities European Council on the exercise of the Presidency of the Council since the signature of the Treaty establishing a Constitution for Europe and give its political approval within six months. `A draft European decision of the European Council that will be adopted on the date of ' entry into force of the Treaty is set out below. "Draft European decision of the European Council on the exercise of the Presidency of the Council. Article 1 1. The Presidency of the Council, with the exception of forma` tion exerted by pre-established groups of" Foreign Affairs ", and three Member States for a period of 18 months. These groups are made up on a basis of equal rotation of Member` and balances geomembri, taking into account their diversity in the graphics. 2. Each member of the group shall in turn chair all configurations of the Council, with the exception of the "Foreign Affairs", for a period of six months. The other members of the group shall assist the Chair in all its responsibilities on the basis of a common program. Group members pos` alternatives. I have to decide between their mode Article 2 The Presidency of the Committee of Permanent Representatives' held by a representative of the governments of the Member States and the Member State holding the Presidency of the Council of "General Affairs". `EserciLa Presidency of the Political and Security and nanny by a representative of the Minister for Foreign Affairs.
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Article I- 25 5 Definition of qualified majority in the European Council and the Council 1. A qualified majority shall be defined as at least 55 % of the members of the Council, with a me -------------- -
La presidenza degli organi preparatori delle varie formazioni del Consiglio, ad eccezione della formazione "Affari esteri", spetta al membro del gruppo che esercita la presidenza della relativa formazione, salvo decisione contraria conformemente all'articolo 4. Articolo 3 Il Consiglio "Affari generali" assicura, in collaborazione ` dei lavori delle con la Commissione, la coerenza e la continuita varie formazioni del Consiglio nell'ambito di una programmazione pluriennale. Gli Stati membri che esercitano la presidenza adottano, con l'assistenza del segretariato generale del Consiglio, tutte le disposizioni utili all'organizzazione e al buon andamento dei lavori del Consiglio. Articolo 4 Il Consiglio adotta una decisione europea che stabilisce le misure di applicazione della presente decisione. 5 Dichiarazione relativa all'articolo I-25: "La Conferenza dichiara che la decisione europea relativa all'attuazione dell'ar` adottata dal Consiglio il giorno dell'entrata in ticolo I-25 sara vigore del trattato che adotta una Costituzione per l'Europa. Il progetto di decisione figura qui di seguito". Progetto di decisione europea del Consiglio relativa all'attuazione dell'articolo I-25 Il CONSIGLIO DELL'UNIONE EUROPEA, considerando quanto segue: ` opportuno adottare disposizioni tali da consentire una E transizione fluida dal sistema decisionale del Consiglio a maggioranza qualificata quale definito nel trattato di Nizza e illustrato all'articolo 2, paragrafo 2 del protocollo sulle disposizioni
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mum of fifteen, representing Member States comprising at least 65 % of the EU population .
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transitional relating to the institutions and bodies of the Union alle` to apply until 31 otgato to the Constitution, which will continue tober 2009, to the voting system provided for in Article I-25 of Co` from 1 November 2009. tution, which will be applied `practice of the Council to devote every Remember that` democratic and to strengthen the legitimacy of deliberasforzo tions taken by qualified majority. It is judged appropriate to maintain this decision as long as necessary to ensure a smooth transition to the new voting system foreseen in the Constitution, DECIDES: Article 1 If a number of members of the Council representing a) at least three quarters of the population, ob ) at least three quarters of the number of Member States necessary to constitute a blocking minority resulting from the application of Article I-25, paragraph 1, the first paragraph and paragraph 2, expressing its intention to oppose the adoption by the Council an act by a qualified majority, the Council shall discuss the issue. Article 2 During the discussions, the Council does its best to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union law, a satisfactory solution to address concerns raised by the members of the Council referred to 'Article 1. Article 3 To this end, the President of the Council put in place, with the assistance of the Commission and in compliance with the rules of procedure of the Council, any initiative necessary to facilitate `wider basis of agreement in the Council. the realization of a more members of the Council lend him their assistance. Article 4 This Decision shall take effect from 1 November
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A blocking minority must include at least four Council members ; otherwise, the qualified majority shall be deemed attained. 2. Notwithstanding paragraph 1, when the Council does not act on a proposal from the Commission or the Minister for Foreign Affairs, to be defined as at least 72% of the members of the Council, representing Member States comprising at least 65 % of EU population. 3. Paragraphs 1 and 2 shall apply to the Council euro' acting by a qualified majority. WHERE peo 4. Within the European Council, the President and the President of the Commission shall not vote. Article I- 26 The European Commission 6 1. The Commission shall promote the general interest of the Union and take appropriate initiatives to
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ber 2009. It shall remain in force at least until 2014. Thereafter ` adopt a European decision repealing it. the Council may 6 Declaration on Article I- 26: " The Conference ` ` more cittaconsidera that when the Commission will not include nationals of all Member States, should devote particular at` to ensure full transparency in the relatenzione requires tions with all Member States. accordingly, the Commission should liaise closely with all Member States, regardless of whether they have a national serving as members of the Commission and, in this context, ` scamdovrebbe to devote special attention to the needs and information Bière to consult with all Member States. ` Dola Conference considers that the Commission altresi
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this end. Ensure the application of the Constitution and `the measures taken by the institutions by virtue Constitution. Oversee the application of Union law under the control of the Court of Justice `execute the budget and the European gedell'Unione. From stisce programs. It shall exercise coordinating, executive and management functions, as laid in the Constitution. Ensure the external representation of the Union except for the Common Foreign and Security Policy and other cases provided for by the Constitution. It shall initiate the Union's annual and multiannual program for achieving interinstitutional agreements. `Be adot2. Union legislative acts may only drawn on a Commission proposal, except where the Constitution provides otherwise. Other acts are adopted on a Commission proposal where the Constitution so provides. `Five years. 3. The Commission's mandate and 4. The members of the Commission are chosen on the basis of their general competence and commitment euro` which offer all the guarantees of inpeo between personality and addiction.
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vrebbe take all necessary measures to ensure that the ' political, social and economic realities in all Member States, including those realities which have no national serving as member of the Commission, are fully taken into account. These measures should include ensuring that the position of those Member States is taken into account through the adoption of appropriate organizational arrangements. "
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5. The first Commission appointed under applica` consist of one national of tion of the Constitution and each Member State, including its President and one of the mi` vicenistro for Foreign Affairs, and that presidents. 6. As from the end of the mandate of Com` commission referred to in paragraph 5, the Commission and asked by a number of members, including the President and the Minister for Foreign Affairs, corresponding to two thirds of the number of Member States unless the European Council, acting all'unani`, decides to alter this number. mita Members of the Commission shall be chosen from among nationals of Member States on the basis of a system of equal rota` station between Member States. This system and `lished by a European decision adopted unanimously by the European Council in accordance with the following principles: a) Member States shall be treated on a plan` with regard to determining the absolute equality of, and the time spent by their citizens within the Commission; consequently, the difference between the total number of warrants held by the city ever be more than nationals of two Member States can not one; b) subject to subparagraph a), each consisting of Com` to reflect subsequent missions and `satisfactorily the demographic and geographical multiplicity of Member States.
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` 7. The Commission shall perform its responsibilities in full independence. Without prejudice to Article I- 28, para' paragraph 2, the members of the Commission shall not seek or receive instructions from any government, institution, body or agency. They shall refrain from any action incompatible with their duties or the performance of their duties. ` 8. The Commission and collectively responsible to Parliament. ` The European Parliament vote on a motion of censure of the Commission may ` in Article III - 340. If that ` according to the procedures adopted, the members of the Commission dimozione and put collectively from office and Minister for Foreign Affairs shall resign from duties that it carries in the Commission. Article I- 27 The President of the European Commission 7, 8 1. Taking into account the elections to the European Parliament and after consultations ap ----------------
Declaration on Articles I- 22, I- 27 and I- 28: " The choice of the persons called upon to hold the offices of President of the European Council, President of the Commission and to take due mi` Dniester Foreign Affairs will have ` ` to respect the diversity and geographical needs of graphic democonto Union and its Member States." 8 Declaration on Article I- 27: " The Conference considers that, in accordance with the provisions of the Constitution, the European Parliament and the European Council are jointly responsible for the smooth running of the process leading
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propriate, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of Commis` elected by Parliament eurosione. This candidate and peo a majority of its component members. If the candidate does not secure a majority, the European Council, acting by a qualified majority, `within one month propose a new candidate, which is elected by the European Parliament following the same procedure. 2. The Council, in agreement with the presi` that tooth-elect, shall adopt the list of other personalities proposes to appoint members of the Commission. These are selected based on proposals made by Member States in accordance with the criteria set out in Article I-26, paragraph 4 and paragraph 6, second paragraph. The President, the Minister for Foreign Affairs and the other members of the Commission are subject as a body to a vote of approval by the European Parliament. Following this approval the `appointed by the European Council, Commission and acting by a qualified majority.
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election of the President of the European Commission. Therefore, representatives of the European Parliament and the European Council, will, prior to the Council decision eu` apropeo, the necessary consultations in the framework deemed the most el. Under Article I- 27 paragraph 1, these consultations will focus on the backgrounds of the candidates for President of the Commission, taking into account the elections to the ` for such consultations may Parliament. The modalities to be determined, in due course, by common agreement between the European Parliament and the European Council. "
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3. The President of the Commission: a) lay down guidelines within which the Commission is to work ; b ) decide on the internal organization of the Commission to ensure the consistency, effectiveness and col` body; legialita c ) appoint Vice-Presidents, except for the Minister for Foreign Affairs, from among the members of the Commission. A member of the Commission shall resign if the President so requests. The Minister for Foreign Affairs shall resign, in accordance with the procedure referred to in Article I- 28, paragraph 1, if the President so requests. Article I- 28 The Union Minister for Foreign Affairs 9 1. The European Council, acting by a qualified majority with the agreement of the President of the Commission, shall appoint the foreign minister ` end the Union. The European Council may his tenure by the same procedure .
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Declaration on Articles I- 22, I- 27 and I- 28: " The choice of the persons called upon to hold the offices of President of the European Council, President of the Commission and to take due mi` Dniester Foreign Affairs will have ` ` to respect the diversity and geographical needs of graphic democonto Union and its Member States. "
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2. The Minister for Foreign Affairs shall guide the foreign policy and security policy of the Union. It contributes by his proposals to the development of 'mandated by the Seasoned policy and implements it in Quality Council. He acts the same way with regard to the common security and defense policy. 3. The Minister of Foreign Affairs shall preside over the Council "Foreign Affairs". 'One 4. The Minister for Foreign Affairs and Vice-Presidents of the Commission. Ensure consistency of EU external action. Within the charge of `` responsibility that inCommissione, and combono on it in external relations and for coordinating other aspects of EU external action. In exercising these re` within the Commission, and only RESPONSIBILITIES ENTAILED `the same, the Minister for Foreign Affairs and subject to the procedures governing the functioning of the Commission, to the extent compatible with paragraphs 2 and 3. Article I- 29 The Court of Justice of the European Union 1. The Court of Justice of the European Union shall include the Court of Justice, the High Court and specialized courts. Ensure respect for the law in the interpretation and application of the Constitution.
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Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law. `One judge 2. The Court of Justice and to` Member State. And assisted by Advocates-General. `Composed of at least one judge per Member State and the Court. The Judges and Advocates General of the Court of Justice down keys and the judges of the Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions set out in Articles III-355 and III356. They are appointed by common accord of the governments of the Member States for six years. The Judges and Advocates-General may be re appointed. 3. The Court of Justice of the European Union shall in accordance with Part III: a) rule on actions brought by a Member State, an institution or a person or entity; b) give preliminary rulings, at the request of national courts, on the interpretation of the right del` acts adopted by istitul'Unione or validity tions; c) in other cases provided by the Constitution.
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CHAPTER II THE OTHER INSTITUTIONS AND ADVISORY BODIES
Article I-30 The European Central Bank 1. The European Central Bank and the national central banks constitute the European System of Central Banks. The European Central Bank and the national central banks of the Member States whose mo` the euro, which constitute the Eurosystem, conneta duce and EU monetary policy. `Direct 2. The European System of Central Banks and the decision-making bodies of the European Central Bank. The main objective of the European System of `` maintaining the stability of prices. central Notwithstanding this objective, it shall support the general economic policies in the Union to contribute to the achievement of its objectives. Conduct other Central Bank tasks in accordance with Part III and the Statute of the European System of Central Banks and of the European Central Bank. `Institution. 3. The European Central Bank and `legal. It has the exclusive right to have an independent personality `authorize the issue of the euro. It is
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exercise of its powers and in the management of its finances. The institutions, bodies, offices and agencies and the governments of Member States shall respect that independence. 4. The European Central Bank shall take the necessary measures to carry out its tasks in `Articles III-185 to III-191 and Article III-196 compliance and the conditions laid down by the Statute of the European System of Central Banks and` of the European Central Bank. In accordance these same Articles, those Member States whose mo` the euro and their central banks neta not retain their powers in monetary matters. 5. Within the areas falling within its responsibilities, `consulted on any project, the Central Bank and the European Union act and on any draft legislation` give opinions. nationally, and can 6. Decision-making bodies of the Central Bank of euro` funziopea, their composition and their mode tion are set out in Articles III-382 and III-383 and the Statute of the European System of Central Banks and the Bank European Central. Article I-31 The Court of Auditors' institution. It assi1. The Court of Auditors and by the Union's audit.
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2. It shall examine the accounts of all revenue and expenditure of the Union and shall ensure good financial management. `Consist of one national of each Member State and 3. It. Its members carry out their duties in full independence, in the general interest of the Union. Article I-32 The Union's advisory bodies 1. The European Parliament, the Council and the Commission are assisted by a Committee of the Regions and an Economic and Social Committee, exercising advisory functions. `Composed rappre2. The Committee of the Regions and regional and local authorities that are `tisentanti of collectivity tolari an electoral mandate within a collet` regional or local level, or tivita politically accountable to an elected assembly. `Compo3. The Economic and Social Committee and of representatives of organizations of employers, of the employed, and of other parties' civil, particularly representative of society in socio-economic, civic, professional and cultural. 4. The members of the Committee of the Regions and the Economic and Social Committee shall not be bound by any mandatory instructions. They exercise their functions in full independence, in the general interest of the Union.
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5. Rules governing the composition of these Committees, the designation of their members, their powers and their operations are set out in Articles III - 386 to III - 392. The rules referred to in paragraphs 2 and 3 governing the nature of their composition shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt European decisions to that end. TITLE V EXERCISE OF UNION COMPETENCE CHAPTER I COMMON PROVISIONS Article I- 33 The legal acts of the Union 1. The institutions, in order to exercise the powers of the Union, use as legal instruments, in accordance with Part III, European laws, the law European framework, European regulations, European decisions, recommendations and opinions.
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`A legislative act of Gela European law and` eral. And it is binding in its entirety and directly applicable in all Member States. `A legislative act that the European framework law and is binding on all Member States to respect the result to be achieved but leave the national authorities entirely on the choice of form and methods. `A non-legislative act of the European regulation and general application for the implementation of legislative acts and of certain specific provisions of Costitu` be binding in its entirety tion. Can and directly applicable in all Member States, or constrain the Member State of destination as to the result to be achieved, it shall leave to the national authorities entirely on the choice of form and methods. `A non-legislative act Oblá European decision-obligatory and in its entirety. If means of desti` binding only on quenatari of it and sti. Recommendations and opinions have no binding effect. 2. In considering draft legislative acts, the European Parliament and the Council shall refrain from adopting acts not provided for by the relevant legislative procedure in the area in question.
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Article I-34 Legislative acts 1. European laws and framework laws are adopted jointly by the European Parliament and the Council on a proposal from the Commission, in accordance with the ordinary legislative procedure laid down in Article III396. If the two institutions can not reach ac` adopted. Agreement, the act and 2. In the specific cases provided for by the Constitution, laws and framework laws shall be adopted by the European Parliament with the participation of the Council or by the latter with the participation of the European Parliament, in accordance with special legislative procedures. 3. In the specific cases provided for by the Constitution, laws and framework laws may be adopted at the initiative of a group of Member States or the European Parliament, on a recommendation from the European Central Bank or at the request of the Court of Justice or the European Investment Bank investments. Article I-35 Non-legislative acts 1. The European Council shall adopt European decisions in the cases provided for by the Constitution. 2. The Council and the Commission, in particular in the cases provided for in Articles I-36 and I-37, and the central bank
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tral European in specific cases provided for by the Constitution, shall adopt European regulations or decisions. 3. The Council shall adopt recommendations. Acting on a proposal from the Commission in all cases where the Constitution provides that it shall adopt acts on a proposal from the Commission `in sectors. `` Resolution unanimously and which required unanimity for the adoption of a Union act. The Commission and the European Central Bank in the specific cases provided for in the Constitution, adopt recommendations. Article I-36 Delegated European regulations 10 1. The laws and framework laws may delegate to the Commission the power to adopt delegated European regulations to supplement or amend certain non-essential elements of the law or framework law. The laws and framework laws explicitly defined objectives, content, scope and duration of the delegation of power. The essential elements of an area shall be reserved for the law or framework law and accordingly shall not be subject of a delegation of power.
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10 Declaration on Article I-36: "The Conference notes the Commission's intention to continue to consult experts appointed by the Member States in the preparation of draft delegated European regulations in the financial services sector, in accordance with its established practice ".
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2. The laws and framework laws set esplici` subject the delegation postamente conditions and which are to be the following: `goddess) the European Parliament or the Council may cide to revoke the delegation; `Enter b) the delegated European regulation may effect only if, within a period set by the law or framework law, the European Parliament or the Council raises objections. For the purposes of a) and b), the European Parliament acting by a majority of its component members and the Council by qualified majority. Article I-37 Implementing acts 1. Member States shall adopt all measures of national law necessary for the implementation of legally binding Union acts. 'Are needed 2. Where uniform conditions for implementing legally binding acts of the Union, these confer implementing powers on the Commission or, in specific cases duly justified and in the cases provided for in Article I-40, to the Council. 3. For the purposes of paragraph 2, European laws lay down in advance the rules and general principles rela` control by Member memtivi the mode
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States of the exercise of implementing powers conferred on the Commission. 4. Union implementing acts shall take the form of European implementing regulations or European implementing decisions. Article I-38 Principles common to the Union's legal acts 1. Where the Constitution does not specify the type of act to be adopted, the institutions shall from time to time, in accordance with the applicable procedures and the `in Article I- 11. principle of proportionality 2. Legal acts are motivated and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Constitution. Article I-39 Publication and entry into force 1. The laws and framework laws adopted under the ordinary legislative procedure shall be signed by the President of the European Parliament and the President of the Council. In other cases they shall be signed by the President of the institution which adopted them. 2. The laws and 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 main-
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lack thereof, on the twentieth day following its publication. The European regulations and decisions which do not specify the recipients are signed by the President of the institution which adopted them. The European regulations and decisions which do not specify the recipients are published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following its publication. 3. European decisions other than those provided for in paragraph 2 shall be notified to the recipients and have ef` such notification. effectiveness in virtue
CHAPTER II SPECIAL PROVISIONS Article I- 40 Specific provisions relating to the common foreign and security policy 1. The European Union is pursuing a common foreign and security policy, based on ` development policy of the United States memdella mutual solidarity, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions .
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2. The European Council shall identify the Union's strategic interests and determine the objectives of its common foreign and security policy. The Council shall frame this policy within the framework of the strategic guidelines established by the European Council and in accordance with Part III. 3. The European Council and the Council shall adopt the necessary European decisions. `T4. The common foreign and security policy and tuata by 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 on any matter of foreign and security policy of general interest to 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. 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. In the area of ??common foreign and security policy, the European Council and the Council de`, except as allowed under European decisions unanimously in Part III. They act on an initiative of a Member State, on a proposal from the Minister for Foreign Affairs or on a proposal of the latter with the support
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Commission. The laws and framework laws are excluded. `` Adopt unanimously 7. The European Council may adopt a European decision authorizing the Council to act by qualified majority in cases other than those referred to in Part III. `Consulted regolar8. The European Parliament and mind on the main aspects and basic choices `tedella common foreign and security policy. It nuto and informed of its evolution. Article I-41 Specific provisions relating to the common security and defense policy 11 1. The common security and defense policy is an integral part of the common foreign and security policy. It shall provide the Union of` operation using the resources of a capacity sponga `use such assets civil and military. The Union may in missions outside to ensure the maintenance of peace, conflict prevention and strengthening international security in accordance with the principles of the UN Charter. `The performance of these tasks is based on capacity provided by Member States. 2. The common security and defense policy shall include the progressive framing of a common defense
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See also the Protocol set out on p. 480.
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`In a defense cocomune Union. This will lead common when the European Council, acting all'u`, will have `` so decided. In this case, the unanimity European Council recommends Member States to adopt such a decision in accordance with their respective constitutional requirements. Union policy under this article shall not prejudice the specific character of the security and defense policy of certain Member States respect the obligations arising from the Treaty of the North Atlantic for some Member States, which see their common defense realized through the Organization of the Treaty `compatible with the common CODEL North Atlantic, and and common security and defense policy established within that framework. 3. Member States shall make available to the Union for the implementation of security policy and of` civilians and military to help topside common capacity meeting the objectives set by the Council. Member States which together establish multinational forces may also make those forces available to the common security and defense policy. Member States undertake to improve pro` established un'A` military. And gradually their capacity to `digenzia in the development of the capacity defense, research, acquisition and armaments (European Defence Agency) Agency 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 defense sector,
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to participate in defining a European policy is arms, and to assist the Board of capacity `minella evaluating the improvement of capacity litari. 4. European decisions relating to the common security and defense policy, including those initiating a mission as referred to in this article, are on `adopted by the Council acting unanimously the proposal of the Minister for Foreign Affairs or on the initiative of a Member State. Minister af` propose the use of both headlights foreign Union can transport both national and Union instruments, together with the Commission where appropriate. `Entrust the execution of a mission 5. The Council may, within the Union framework, to a group of Member States in order to maintain the Union's values ??and serve its interests. The execution of such mis` governed by Article III-310. sion and `6. Member States based on the criteria most in the military and who sottoelevati in terms of capacity` binding for the purposes of written commitments most in the most demanding missions shall establish permanent structured cooperation within the Union. It called `governed by Article III-312. This cooperation and without prejudice to Article III-309. 7. Where a Member State victim of armed aggression on its territory, the other Member States have an obligation of aid and assistance by all the `Article 51 means in their power, in accordance` without prejudice to the Charter of the United Nations. What
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specific character of the security and defense policy of certain Member States. Commitments and cooperation in this area shall be consistent with commitments under the Organization of the Treaty of the North Atlantic which, for those States which are members, the foundation of their collective defense and the forum for its implementation. `Consulted regolar8. The European Parliament and mind on the main aspects and basic choices `tedella common security and defense policy. It nuto and informed of its evolution. Article I-42 Specific provisions relating to the area `` freedom of security and justice, si1. The Union shall constitute an area of ??freedom and justice ty: a) through the adoption of laws and framework laws intended, where necessary, to approximate the laws and regulations of the Member States in the areas referred to in Part III; `B) 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; c) by operational cooperation between the Member States 'competent', including serautorita vices of police, customs and other specialized services
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cialised in the prevention and detection of criminal offenses. 2. National Parliaments may, within the area `, security and justice, participate in the freedom of the evaluation mechanisms foreseen in Article III260. They shall be involved in the political monitoring of Europol ` Eurojust, conformee evaluation of activities to Articles III - 276 and III - 273. 3. Member States shall have a right of initiative in the field of police cooperation and mutual legal assistance in criminal matters, in accordance with Article III - 264. Article I- 43 ` 12 Solidarity clause 1. The Union and its Member States shall act jointly in a spirit con` if solidarity a Member State is the object of an attack or natural terrori` provostico or the victim of a magnet ed by ' man. The Union shall mobilize all the instruments
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Declaration on Articles I- 43 and III - 329: " Without prejudice to the measures adopted by the Union to comply with its obligations ` against a Member State that is the subject of solidarity ` natural or a terrorist attack or the victim of a magnet man- made ??disaster, none of the provisions of Articles I- 43 and III - 329 affect the right of another State ` appropriate to comply with its member to choose the means most in against the Member State in question queobblighi solidarity " .
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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 ` policies, its territory at the request of its political authorities in the event of a terrorist attack; b ) assist a Member State in ` policies, its territory at the request of its authorities ` natural or man-made disaster. if magnet ` Implementation of this Article 2. The modalities are provided for in Article III - 329.
CHAPTER III ENHANCED COOPERATION Article I- 44 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 Co-
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`Provided in the institution, to the extent and in the manner in this Article and in Articles III-416 to III-423. Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process. They shall be open at any time to all Member States under Article III-418. 2. The European decision authorizing coope` adopted by the Council in the final ration and strengthened instance, if it determines that the objectives of such cooperation can not be attained within a reasonable period by the Union as a whole, and provided that you share at least one third of Member States. The Council shall act in accordance with the procedure referred to in Article III-419. 3. All members of the Council may participate in its deliberations, but only members of the Council representing the Member States participating in enhanced cooperation shall take part in the vote. And `` it constituted by the votes of the representatives unanimity of participating Member States. Qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the United mem` another member; otherwise participating States, the most qualified majority shall be deemed attained.
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Notwithstanding the third and fourth paragraphs, where the Council does not act on a proposal from the Commission or the Minister for Foreign Affairs, the required qualified majority is defined as at least 72 % of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. 4. Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. They are not regarded as an acquis which must be accepted by candidate States for accession to the Union.
TITLE VI THE DEMOCRATIC LIFE OF THE UNION Article I- 45 The principle of democratic ` The prinL'Unione respects, in all its activities principle of equality of citizens, who shall receive equal attention from its institutions, bodies and organisms. Article I- 46 The principle of representative democracy 1. The functioning of the Union shall be founded on representative democracy .
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2. Citizens are directly represented at Union level in the European Parliament. Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens. 3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions are made `can open and close to the most dino cittanella manner. 4. Political parties at European level contribute to forming European political awareness and to expressing `EU citizens. the will Article I-47 The principle of participatory democracy 1. The institutions shall give citizens and representative associations, by appropriate Ca to raise awareness and to exchange tional, the possibility publicly their views in all areas of Union action. 2. The institutions shall maintain an open, transparent and regular dialogue with civil associations rappresenta`. tive and society 3. In order to ensure consistency and transparency of the actions of the Union, the Commission shall carry out broad consultations with parties concerned.
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4. Citizens of the Union numbering not less than one million, who are nationals of a significant number of Member States may take the initiative of inviting the Commission, within its powers, to submit any appropriate proposal on materials regarding where citizens consider that a legal act of the Union for the implementation of the Constitution. European laws shall determine the provisions for the procedures and conditions required for such a citizens' initiative, including the minimum number of Member States from which they must come. Article I-48 The social partners and autonomous social dialogue The Union recognizes and promotes the role of the social partners at its level, taking into account the diver` national systems. It shall facilitate dialogue between those located partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue. Article I-49 The European Ombudsman A European Ombudsman elected by the European Parliament, receives complaints about maladministration in the EU institutions, bodies, offices or agencies as provided
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by the Constitution. He shall examine such complaints and report on them. The Ombudsman shall perform his duties with complete independence.
Article I-50 Transparency of the proceedings of the institutions, bodies, offices and agencies 1. In order to promote good governance and civil ga`, the participation of society istiturantire tions, bodies, offices and agencies operating in the `transparent as possible. way more 2. The European Parliament shall meet in pub` as the Council when 'considering and voting Republic, so a draft legislative act. 3. Any citizen of the Union or natural or legal person residing or having its registered office in a Member State has the right to access, as provided for in Part III, to documents of the institutions, bodies, offices and agencies, regardless their medium. The law shall establish the general principles and limits on grounds of public or private interest governing the right of access to such documents. 4. Each institution, body or agency shall determine in its rules of procedure specific provisions regarding access to its documents, in accordance with the European law referred to in paragraph 3.
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Article I-51 Protection of personal data 13 1. Everyone has the right to protection of personal data concerning him or her. 2. European laws or framework laws shall establish the rules relating to the protection of individuals with regard to the processing of personal data by the institutions, bodies, offices and agencies, and by the Member States when carrying `falling the scope of activities of European Union law, and the rules on the free circo` subject to the movement of such data. Compliance with these standards and `independent. control authorities Article I-52 Status of churches and non-confessional organizations 1. The Union respects and does not prejudice the status of the right `they enjoy in the Member States, by virtue
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13 Declaration on Article I-51: "The Conference declares that, whenever rules on protection of personal data to be adopted in accordance with Article I-51 could` teavere direct implications for national security, it will have black debt account the specific characteristics of the matter. It recalls that the legislation presently applicable (see in particular Directive 95/46 / EC) includes specific derogations in this regard."
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` Renazionale, churches and associations or communities ligiose. 2. The Union equally respects the status under national law ', organizations have, by virtue of philosophical and non -confessional organizations. It is the contribution speci3. Recognising their identity fig tree, the Union shall maintain an open, transparent and regular dialogue with these churches and organizations.
TITLE VII THE UNION'S FINANCES Article I- 53 Budgetary and financial principles 1. All items of revenue and expenditure of the Union must be the subject of forecasts for each financial year and shall be shown in the Union budget, in accordance with Part III. 2. Budget revenue and expenditure must be in balance. 3. The expenditure shown in the budget shall be authorized for the annual budgetary period in con` the European law referred to in Article III - 412. compliance 4. The implementation of expenditure shown in the budget require the prior adoption of a legally binding Union ` legal basis for its action and the implementation of the corresponding expenditure
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`With the European law which all'artidente in accordance Article III-412, subject to the exceptions provided for there. 5. To maintain budgetary discipline, the Union, before taking actions that may have appreciable implications for the budget, should ensure that the costs arising from such action can be financed within the limits of the Union's own resources and in accordance with the multiannual financial framework provided for in Article I-55. `` Executed in accordance with the principle 6. The budget and financial management. The United States and the U'the appropriations entered in binione cooperate Directory to launch are used in accordance with this principle. 7. The Union and the Member States, in accordance with Article III-415, shall counter fraud and other illegal atti` affecting the financial interests dell'Uvita Union. Article I-54's own resources 1. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies. `Integral2 funded. The Union budget and the mind from its own resources, without prejudice to other revenue. 3. A European law of the Council shall lay down the provisions relating to the system of own resources del` may establish new cal'Unione. In this context and categories of own resources or abolish a category
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`Subject to existing. The Council shall act unanimously consulting the European Parliament. That law shall enter into force until it is approved by the Member States in accordance with their respective constitutional requirements. 4. A European law of the Council shall establish measures for the implementation of the own resources system and `` provided in the Union in so far as this European law adopted on the basis of paragraph 3. The Council shall act after obtaining the consent of the European Parliament. Article I-55 The multiannual financial framework 1. The multiannual financial framework is intended to ensure the orderly development of Union expenditure within the limits of its own resources. Fixed by category of expenditure amounts of the annual ceilings of appropriations for commitments, in accordance with Article III-402. 2. A European law of the Council shall lay down the multiannual financial framework. The Council shall act all'unani` prior approval of the European Parliament, which mita act by a majority of its component members. `Established in RI3. The annual budget of the Union and respect the multiannual financial framework. `` Adopt unanimously 4. The European Council may adopt a European decision authorizing the Council to de-
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release by a qualified majority when adopting the European law of the Council referred to in paragraph 2. Article I- 56 The Union's budget A European law establishes the Union's annual budget in accordance with Article III - 404.
TITLE VIII THE UNION AND ITS NEIGHBOURS Article I- 57 The Union and its neighbors 14 1. The Union shall develop relations with neighboring countries, aiming to establish an area of ??pro` and good neighborliness, founded on the values dell'Usperita Union and characterized by close and peaceful relations based on cooperation. ` Conclude 2. For the purposes of paragraph 1, the Union may specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations, and the
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` Declaration on Article I- 57: " The Union land account the particular situation of the countries of small-sized countries which maintain specific relations of ` ". proximity
14
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` Of undertaking activities jointly. Their attuapossibilita ` subject of periodic consultation. tion and
TITLE IX UNION MEMBERSHIP
Article I- 58 is the procedure of admissibility criteria for accession to the ` open to all European States which 1. The Union and respect the values ??referred to in Article I- 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. The European Parliament and national Parliaments shall be notified of this application. All'unani` the Council shall act after consulting the Commission and after mita approval of the European Parliament, which shall act by a majority of its component members. The con` admission shall be the ogdizioni and jet mode of an agreement between the United States and the State can` submitted for ratification by all didate. This agreement and the Contracting States in accordance with their respective constitutional requirements.
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Article I-59 Suspension of certain rights resulting from Union membership 1. On the reasoned initiative of one third of the Member States, reasoned initiative of the European Parliament or on a proposal from the Commis` adopt a European decision consione, It may have been that there is a clear risk of a serious breach by a Member State of the values ??mentioned in Article I-2. The Council shall act by a majority of four fifths of its members after obtaining the consent of the European Parliament. Before making such a determination, the Consi` rivolglio hear the Member State in question and can gergli recommendations Acting in accordance with the same procedure. The Council shall regularly verify that the grounds on which such a determination was made continue to apply. 2. The European Council, at the initiative of one third of Member States or on a proposal from the Commission, `adopt a European decision recording the air and can existence of a serious and persistent breach by a Member State of the values ??referred to ' Article I-2, after inviting the State to submit its observations. `Apil European Council shall act unanimously after approval of the European Parliament.
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3. If you have made a determination under paragraph 2, the Council, acting by a maggio` adopt a European decision ance qualified, may suspending certain of the rights under the Member State concerned by the application of the Constitution, including the rights of vote of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. In any case, that State continues to be bound by its obligations under the Constitution. 4. The Council, acting by a majority quali` adopt a European decision amending fied, may 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 member of the European Council or the Council representing the Member State concerned shall not vote and in the calculation of the third or four fifths of the Member States referred to in paragraphs 1 and 2 are not taken into account the Member State in question. The abstention of members present or represented shall not prevent the adoption of the European decisions referred to in paragraph 2. For the adoption of the European decisions referred to in paragraphs 3 and 4, a qualified majority shall at least 72% of the members of Council representing the participating Member States, comprising at least 65% of the population of these States.
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If, following a decision to suspend voting rights adopted pursuant to paragraph 3, the Council acts by qualified majority on the basis of a provision of the Constitution, a qualified majority shall be defined in the second paragraph, or, if the Council acts on a proposal from the Commission or the Minister for Foreign Affairs, at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. In the latter case, a blocking minority must include at least the minimum number of Council members representing more than 35% of the population of 'one member, in case the participating Member States, plus which the qualified majority shall be deemed attained. 6. For the purposes of this Article, the European Parliament shall act by a two-thirds majority of the votes cast, representing a majority of its component members. Article I-60 Withdrawal from the Union `decide conforme1. Each Member State can mind its own constitutional requirements, to withdraw from the Union. 2. The Member State which decides to withdraw shall notify its intention to the European Council. In the light of the guidelines provided by the European Council, the Union
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shall negotiate and conclude an agreement with that State to de` of withdrawal, taking account of the framework to end the modalities `negodelle future relationship with the Union. The agreement-financed in accordance with Article III-325, paragraph 3. `concluded on behalf of the Council, Esso and acting by qualified majority after approval by the European Parliament. 3. The Constitution shall cease to apply to the State 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, d 'agreement with the State `to extend the member concerned, unanimously decides that period. 4. For the purposes of paragraphs 2 and 3, the member of the European Council and the Council representing the State 'in the deliberations the withdrawing member does not participate in it' European decisions of the European Council and the Council will concerning him. Qualified majority shall be defined as at least 72% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. 5. If a State which has withdrawn from the Union asks to re-join the `object, this request and procedure referred to in Article I-58.
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PART II THE CHARTER OF FUNDAMENTAL RIGHTS
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PART II PREAMBLE The peoples of Europe, in creating a union between their `close, are resolved to share a more and more peaceful future based on common values. Conscious of its spiritual and moral heritage, the Union is founded on the indivisible and universal human 'of the liberty, equality and dignity'; it is based on the principle of solidarity demodella cracy and the rule of law. It places the individual at the center of its activities, by establishing citizenship ', safety and the Union and by creating an area of ??freedom justice. The Union contributes to the preservation and to svi` ment of these common values ??while respecting the diversity of the cultures and traditions of the peoples of Europe, 'of the identity of the Member States' national and delnonche the ordering of their public authorities at national, regional and local levels; it seeks to promote a balanced and sustainable development and ensures free movement of persons, services, goods 'freedom of establishment'. and capital as well as `Should the protection of the rights and` To this end, fundamental in the light of the company's social progress and scientific developments and tecno` visible in a Charter. logical, making those rights more This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle
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`, The rights resulting in particular from tradi subsidiarity conditions constitutional and international obligations common to the Member States, the European Convention of Human Rights` fondasalvaguardia and mental freedom, the Social Charters adopted by the Union and by the 'law of the Council of Europe as well as the Court of Justice and the European Court of Human Rights. In this context, the `interpreted by the courts of the Union and of the Charter will be the Member States with due regard to the explanations of the Praesidium of ela` Convenborate under the authority tion which drafted the Charter and updated under the re` the praesidium of the Convention eurosponsabilita Union. 15 Enjoyment of these rights entails responsabi` and duties with regard to other persons, the colita `human and future generations. equipped and `The Union therefore recognizes the rights, freedoms principles set out hereafter.
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TITLE I DIGNITY Article II - 61 ` ` Human Dignity and ` ` human inviolable. It must ESLA dignity evenings respected and protected. Article II - 62 Right to life 1. Everyone has the right to life. ` Be sentenced to 2. No one can ' executed. death, nor Article II - 63 Right to ` ` the person 1. Everyone is entitled to their physical and mental integrity. 2. In the context of medicine and biology, should be respected in particular: a) the free and informed consent of the person ` as defined by the law, concerned, according to mode b ) the prohibition of eugenic practices, in particular those aiming the selection of persons,
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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 - 64 Prohibition of torture and inhuman or degrading punishment or treatment ` shall be subjected to torture, it ' Nobody can to inhuman or degrading punishment or treatment .
Article II - 65 ` and forced labor Prohibition of ` shall be held in slavery 1. No one can ` ` or servitude. ` slavery be required to perform a la2. No one can voro forced or compulsory labor. ` Prohibited human trafficking. 3. E
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TITLE II FREEDOMS Article II - 66 ` ` Right to freedom and security is the sicuOgni has the right to freedom rity. Article II - 67 Respect for privacy and family life Everyone has the right to respect for his private and family life, home and communications. Article II - 68 Protection of personal data 1. Everyone has the right to protection of personal data concerning him or her. 2. Such data must be processed princi`, ` for certain purposes and under conpio sense of loyalty of the person concerned or some other legitimate basis laid down by law. Every person has the right to access data collected concerning him or her and to have it corrected.
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`Subject to the control 3. Compliance with these rules is independent. an authority Article II-69 Right to marry and 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. Article II-70 'of thought, conscience and religion Freedom of `PEN1. Everyone has the right to freedom serum, conscience and religion. This right includes `to change his religion or belief, so` `the freedom to manifest one's religion as freedom or belief individually or collectively, in public or in private, through worship, teaching, practice and l ' observance. `Ricono2. The right to conscientious objection and nized according to the national laws governing the exercise. Article II-71 of expression and information `` Freedom of espres1. Everyone has the right to freedom of opinion and `sion. This right includes freedom
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` To receive and impart information and freedom ideas without interference by public ` part and regardless of frontiers. the authorities ' media and pluralism are RI2. Freedom led.
Article II - 72 of assembly and association ` ` Freedom of riu1. Everyone has the right to freedom of association at all ` Union Pacific and the freedom levels, in particular in political, trade union and civic matters, which implies the right of everyone to form unions with others and to join unions to defend their interests. 2. Political parties at Union level contribui` policy delscono citizens to express the will of the Union .
Article II - 73 ` Freedom of the arts and sciences The arts and scientific research shall be free. The li` academic and ` respected. shearwater
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Article II-74 Right to education 1. Everyone has the right to education and access to vocational and continuing training. `Access 2. This right includes the faculties free compulsory education. `Of educational establishments in 3. Freedom is like the right of respect for democratic principles, so the parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected under the laws national governing its exercise. Article II-75 `occupation and right to work Liberta 1. Everyone has the right to work and to pursue a freely chosen or accepted. `Of CER2. Every citizen of the Union has the freedom for a job, to work, to settle or provide services in any Member State. 3. Nationals of third countries who are authorized to work in the territory of the Member States are entitled to working conditions equivalent to those enjoyed by EU citizens.
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Article II - 76 Freedom of enterprise ` ` ` recognized the freedom of enterprise, conformeE mind with Union law and national laws and practices. Article II - 77 ` Right to property 1. Everyone has the right to enjoy the goods pro` her lawfully acquired, use, prieta `. No person shall dispose of and leave a legacy ` ` be deprived of property except in the public interest of may, in cases and manner prescribed by the law and against the payment of a ` good time for their loss. Use proper indemnity ` it is regulated by law insofar as the goods can for the general interest. ` ` Intellectual and protected. 2. The property Article II - 78 Right to asylum ` guaranteed in respect of the right to asylum and standards set by 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.
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Article II - 79 Protection in the event of removal, expulsion or extradition 1. Collective expulsions are prohibited. ` Be removed, expelled or estra2. No one can give to a State where there is a serious risk of being subjected to the death penalty, torture or other inhuman or degrading punishment or treatment.
TITLE III EQUALITY Article II - 80 Equality before the law Everyone is equal before the law. Article II - 81 Non-discrimination ` all forms of discrimination 1. founded in particular on sex, race, skin color or ethnic or social origin, genetic features, language, religion or belief personal, political opinions or any other opinion, membership of a national minority,
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` ` Age or orienil property, birth, disability sexual orientation. 2. Within the scope of application of the Constitution and ` subject to specific provisions contained therein, and shall be no discrimination on grounds of naziona`. lita Article II - 82 ` cultural, religious and linguistic Diversity ` cultural, religious The Union shall respect the diversity and linguistic diversity. Article II - 83 ` ` Parity between men and women between women and men must be assicuLa installment equality in all areas, including employment, work and pay. ` Does not prevent the maintenance The principle of equal or adoption of measures providing for specific advantages in favor of the underrepresented sex. Article II - 84 The rights of the child 1. Children shall have the right to protection and care necessary for their welfare. They may express their views freely ; this
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is taken into consideration on matters affecting them is their mariguardano according to their age '. turita 2. In all actions relating to children, whether com` public or private institutions, the authorities from inpiuti interest of the child must be a primary consideration. 3. Every child has the right to maintain regular personal relations and direct contacts with both parents, ` contrary to his interest. unless what
Article II - 85 The rights of the elderly The Union recognizes and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural .
` Article II -86 Integration of persons with disabilities The Union recognizes and respects the right of ` to benefit from measures designed people with disabilities to ensure their independence, social and occupational integration and participation in the life of comu`. nita
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TITLE IV SOLIDARITY `
Article II - 87 Workers' right to information and consultation within the undertaking Workers or their representatives must, at the appropriate levels, information and consultation in good time in the cases and conditions provided for by law Union and national laws and practices.
Article II - 88 Right of collective bargaining and action Workers and employers, or their respective organizations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the levels appropriate, and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action .
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Article II - 89 Right of access to placement services Everyone has the right of access to a free placement service.
Article II - 90 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 - 91 Fair and just working conditions 1. Every worker has the right to healthy working conditions, safety and dignity. 2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and paid annual leave.
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Article II-92 Prohibition of child labor and protection of young people at work `prohibited. The minimum age for child labor 'and `be less admission to employment can not` of completion of compulsory education, subject to the age `favorable to young people and except for limited derogations most dele standards. Young people admitted to work must have and be `working conditions appropriate to their age protected against economic exploitation and against any work likely to harm their safety, health, the physical, mental, moral or social development or to interfere with their education. Article II-93 Family and professional life 'guaranteed the protection of the family on the 1. legal, economic and social. 2. In order to reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with is the right to a maternity leave `retrimaternita tributed and to parental leave following the birth or the 'adoption of a child.
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Article II-94 Social security and social assistance 1. The Union recognizes and respects the entitlement to social security benefits and social services providing protection in cases such as ma`, illness, industrial accidents, the dipenternita dence or old age, and in the case of loss of `set by diposto work, according to the procedures of the 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 `The Union recognizes and respects the right all'assipoverta social assistance and housing assistance to ensure a decent existence for all those who do not dispon` set to gano sufficient resources, according to the procedures by Union law and national laws and practices. Article II-95 Health care Everyone has the right of access to preventive health care and to benefit from medical treatment under conditions established by national laws and practices. In the definition and implementation of all
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` ` Union and ensured a high level policies and activities of human health protection.
Article II - 96 Access to services of general economic interest in order to promote the social and territorial cohesion of the Union recognizes and respects access to services of general economic interest as provided for by national laws and practices, in accordance with the Constitution.
Article II - 97 Environmental protection A high level of environmental protection and the ` should be grateful intemiglioramento of its quality in the policies of the Union and ensured in accordance with the principle of sustainable development.
Article II - 98 Consumer protection ` guaranteed levellers Union policies and high level of consumer protection .
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TITLE V CITIZENS 'RIGHTS Article II - 99 ` elections Right to vote and eligibility of the European Parliament 1. Every citizen of the Union has the right to ` Parliament elections euvoto pean and eligibility in the Member State of residence, under the same conditions the nationals of that State. 2. Members of the European Parliament are elected by direct universal suffrage, free and secret. Article II - 100 ` The right to vote and eligibility in municipal elections Every citizen of the Union shall have the right to vote in municipal elections and ` State of eligibility member in which he resides, under the same conditions as nationals of that State. Article II - 101 Right to good administration 1. Every person has the right to have the matters concerning them are handled impartially and
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fairly and within a reasonable time by the institutions, bodies, offices and agencies. 2. This right includes: a) the right of every person to be heard before against him individual measure is taken that would prejudice; b) the right of every person to have access to her file, while respecting the legitimate interests of confidentiality and professional secrecy; c) the obligation of the administration to give reasons for its decisions. 3. Everyone has the right to compensation from the Union of the 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. `Del4 to the institutions. Each person can the Union in one of the languages ??of the Constitution and must have an answer in the same language. Article II-102 Right of access to documents' every person Every citizen of the Union as well physical or legal person residing or having its registered office in a Member State has the right of access to documents of the institutions, bodies, offices and agencies, regardless of their support.
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Article II - 103 European Ombudsman ' every person Every citizen of the Union as well physical 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 institutions, bodies or agencies Union, except the Court of Justice of the European Union in the exercise of its judicial functions. Article II - 104 Right to petition ' every person Every citizen of the Union as well physical or legal person residing or having its registered office in a Member State has the right to petition the European Parliament. Article II - 105 ` 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. ` Of movement and residence may ` s2. Freedom evenings granted, in accordance with the Constitution, to citi-
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nationals of third countries legally resident in the territory of a Member State. Article II - 106 Diplomatic and consular protection Every citizen of the Union shall, in the territory of a third country in which the Member State of which ` represented, the protection is a national and not ` the diplomatic and consular authorities of any Member State, to same conditions as nationals of that State.
TITLE VI JUSTICE Article II - 107 Right to an effective remedy and a fair trial ` garanOgni person whose rights and whose freedom titi by Union law are violated has the right to an effective remedy before a tribunal in compliance with the conditions provided for in this article. Everyone has the right to have his case dealt with fair and public hearing within a reasonable time by an independent and impartial tribunal,
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`Of previously established by law. Every person has the faculty being advised, defended and represented. `To those who do not have sufficient means and` granted legal aid State, if this is necessary to ensure effective access to justice. Article II-108 Presumption of innocence and right of defense `presumed innocent until 1. The accused and when his guilt has been legally proven. `Guaranteed to 2. Respect for the rights of the defense, and every defendant. Article II-109 `` principles of proportionality and legality of criminal offenses and penalties `be convicted un'a1. No one can `was tion or omission which, at the moment, and committed, did not constitute a criminal offense under the law in` internal or international law. Likewise, can not `serious than applicaessere sentenced to a more` was committed. bile at the time when the criminal offense and if, after the commission of the offense, `slight, the law provides for a sentence longer be applicable.
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2. This article shall not prejudice the trial and punishment of any person guilty of an act or ` was committed, which, at the moment, and was criminal according to the general principles recognized by all nations. 3. The severity of penalties must not be disproportionate to the offense. Article II - 110 Right not to be tried or punished twice for the same offense to be tried or punished for ` No one can ` ` already been acquitted or convicted of an offense for which the EU and following a final criminal judgment in accordance with law.
TITLE VII GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER Article II - 111 Scope 1. The provisions of this Charter are addressed to the institutions and bodies of the Union ', as well as respecting the principle of subsidiarity
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Member States only when implementing Union law. They shall therefore respect the rights, observe the principles and promote the application within their respective powers and respecting the limits of the competences conferred on the Union in other parts of the Constitution. 2. This Charter does not extend the field of appli` skills application of Union law beyond the 'establish any new power or task of the Union,' modify powers and comnuovi for the Union, it defined the tasks other parts of the Constitution. Article II-112 Scope and interpretation of rights and principles 1. Any limitation on the exercise of the rights and `recognized by this Charter must be provided for by the law of freedom and respect the`. In accordance with the essence of those rights and freedoms ', they can be made to the principle of proportionality limitations only if they are necessary and rispon` interest dano actually purposes recognized by the Union or the need to protect `others'. rights and freedoms 2. Rights recognized by this Charter for which other parts of the Constitution contain provisions shall be exercised under the conditions and within the limits defined. 3. Insofar as this Charter contains rights corresponding to those guaranteed by the European Convention
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`Union for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights they are the same as those laid down by the said Convention. This provision shall not prevent the right dell'U` extended. Union grants more protection 4. Insofar as this Charter recognizes 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, bodies and organi' they smi Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They can be invoked before a court only for dell'interpre` of such acts. supply and control of legality 6. It takes full account of national laws and practices as specified in this Charter. 7. The courts of the Union and the Member States shall take into consideration the explanations drawn up to provide guidance in the interpretation of the Charter of Fundamental Rights. 16
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Article II - 113 Level of protection Nothing in this Charter shall be interpreted as restricting or adversely affecting the rights recognized ` fundamental, human and freedoms in their respective fields of application, by Union law, international law, international conventions to which the Union or all the Member States are parties, in particular the European Convention for the protection of Human Rights ` fundamental, and the constitutions of the Member States and of freedom. Article II - 114 Prohibition of abuse of rights Nothing in this Charter shall be interpreted as implying the right ` or perform any act to exercise an activity ` recognized the aim to destroy the rights or freedoms or to impose a ` limipresente Paper such rights and freedom ` tions more extensive than those provided for herein.
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PART III THE POLICIES AND FUNCTIONING OF THE UNION
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TITLE I PROVISIONS OF GENERAL APPLICATION Article III - 115 The Union shall ensure consistency between the different policies and activities referred to in this Part, taking account of its objectives and in accordance with the principle of conferral of powers. Article III - 116 ( ex Article 3, paragraph 2 TEC) 17 In the proceedings referred to in this Part, the Union shall aim to eliminate inequalities and to promote ` between women and men. parity Article III - 117 ( new) In defining and implementing the policies and actions referred to in this Part, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of
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Declaration on Article III - 116: " The Conference agrees that, in its general efforts to elimi`, in Nare inequalities between women and men, the Union will aim its different policies to combat all forms of violence home. the United States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims. "
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proper social protection, the fight against social exclusion and a high level of education, training and protection of human health.
Article III - 118 ( new) In defining and implementing the policies and actions referred to in this Part, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or ` l ' age ' or orientaconvinzioni personal, disability sexual orientation .
Article III - 119 ( ex Article 6 TEC) Environmental protection requirements must be integrated into the definition and implementation of policies and activities referred to in this Part, in particular with a view to promoting sustainable development.
Article III - 120 ( ex Article 153, paragraph 2 TEC) in the definition and implementation of other Union policies and activities are taken into account the protection requirements of consumers .
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Article III - 121 ( new) In formulating and implementing the Union 's agriculture, fisheries, transport, internal market, research and technological development and space, the Union and the Member shall take full account of the demands on the welfare of animals as sentient beings, while respecting the legislative or administrative provisions and customs of Member States relating in particular to religious rites, cultural traditions and regional heritage.
Article III - 122 ( ex Article 16 TEC) Without prejudice to Articles I- 5, III - 166, III - 167 and III238 and given the importance of services of general economic interest as services to which all in the Union attribute value and their role in promoting social and territorial cohesion, the Union and the Member States, within their respective powers and within the scope of application of the Constitution, provve' such services operate on the basis prindono Directory to principles and conditions, particularly economic and financial conditions, which enable them to fulfill their com-
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piti. La legge europea stabilisce tali principi e fissa tali condizioni, fatta salva la competenza degli Stati membri, nel rispetto della Costituzione, di fornire, fare eseguire e finanziare tali servizi.
TITLE II NON-DISCRIMINATION AND CITIZENSHIP Article III - 123 ( ex Article 12 TEC) ` disciLa law or framework law may disciplinary to prohibit discrimination on the basis of ` as provided for in Article I- 4, paraalla nationality paragraph 2. Article III - 124 ( ex Article 13 TEC) 1. Without prejudice to other provisions of the Constitution and within the powers assigned by it to the Union, a law or framework law ` establish the necessary measures to the Council can combat discrimination based on sex, racial or ethnic origin, religion or belief ', the ` age or orientation sespersonali, disables the ` prior apsuale. The Council shall act unanimously approval of the European Parliament .
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2. Notwithstanding paragraph 1, European laws or framework law `establish the basic principles of the measures the European Union can and define such incentive measures, to support action taken by Member States to help achieve the objectives set out in paragraph 1, excluding any harmonization of their laws and regulations. Article III-125 (ex Article 18 TEC) 1. If action by the Union should prove necessary to facilitate the exercise of the right, referred to in Article I-10, paragraph 2, letter a), of free movement and free stay for every EU citizen and if the Constitution has not provided the necessary powers in this respect, the law or framework law euro` establish measures for that purpose. pea can 2. For the same purposes as those referred to in paragraph 1 and if the Constitution has not provided the necessary powers to this end, a law or framework law of Con` establish measures concerning passports, the Council `may, residence permits identity cards or other documents and measures concerning social security or social protection '. The Council shall act unanimously after consulting the European Parliament. Article III-126 (ex Article 19 TEC) A European law or framework law of the Council `exercise of the right, which establishes the modalities in Article I-10, paragraph 2, letter b), voting and
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`Municipal elections and elections to the European Parliament of eligibility for each EU citizen in the Member State of residence without being a national of that State. All'una` the Council shall act after consulting the European Parliament. mously `may provide deroTali sory mode where problems specific to a Member State so justify. `The elections of the voting rights and eligibility European Parliament be exercised without prejudice to Article III-330, paragraph 1 and the measures adopted thereunder. Article III-127 (ex Article 20 TEC) Member States shall take the necessary steps to ensure the diplomatic and consular protection of Union citizens in third countries provided for in Article I-10, paragraph 2, letter c). Member States shall start the international negotiations required to secure this protection. `An Act to establish the European Council can measures necessary to facilitate such protection. The Council shall act after consulting the European Parliament. Article III-128 (ex Article 21 TEC) The languages ??in which every citizen of the Union has the `right to address the institutions or bodies by virtue of Article I-10, paragraph 2, letter d), and have an answer, are those set down in Article
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the IV - 448, paragraph 1. The institutions and bodies referred to in Article I- 10, paragraph 2, letter d ) are those listed in Article I- 19, paragraph 1, second paragraph, and Articles I - 30, I -31 and I- 32, and the European Ombudsman.
Article III - 129 ( ex Article 22 TEC)
The Commission shall submit a report to the European Parliament, the Council and the Economic and Social Committee on the application of Article I - 10 and of this Title. This report shall take account of the development of the Union. Based on this report, and without prejudice to other provisions of the Constitution, the rights provided for in Article I- 10 can be completed by a law or framework law of the Council. The Council deli` prior approval of the European Parliament unanimously bera. The law or framework law shall enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
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TITLE III INTERNAL POLICIES AND ACTION
CHAPTER I INTERNAL MARKET
SECTION 1 ESTABLISHMENT AND FUNCTIONING OF THE INTERNAL MARKET Article III - 130 (ex Articles 14 and 15 TEC) 1. The Union shall adopt measures or ensuring the functioning of the internal market, in accordance with the relevant provisions of the Constitution. 2. The internal market is an area without internal circolafrontiere ` the free, in which and of persons, services, goods and capital in accordance with the Constitution. 3. The Council, on a proposal from the Commission, shall adopt the European regulations and decisions determining the guidelines and conditions necessary to ensure balanced progress in all the sectors concerned .
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4. When drawing up its proposals for achieving the objectives set out in paragraphs 1 and 2, the Commission takes account of the effort that do` to sustain for the establishment of the internal market vra certain economies showing differences ` propose appropriate measures. development and may If these measures take the form of derogations, they must be temporary and must cause the least possible disturbance to the functioning of the internal market. Article III-131 (ex Article 297 TEC) Member States shall consult with a view to taking together the steps needed to prevent the functioning of the internal market being affected by measures which a Member State 'to be taken in the event led to `can of serious internal disturbances affecting public 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-132 (ex Article 298 TEC) If measures taken in the circumstances set out in Articles III-131 and III-436 have the effect of distorting the conditions of competition in the internal market, the Commission shall examine with the Member State
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affected the conditions under which these measures can be adjusted to the rules laid down by the Constitution. Notwithstanding the procedure set out in Articles III-360 and III-361, the Commission or any Member State `matter directly before the Court of Justice if ripuo note that another Member State is making improper use of the powers provided for in Articles III-131 and III-436. The Court of Justice ruling in camera. SECTION 2 FREE MOVEMENT OF PERSONS AND SERVICES Subsection 1 Workers Article III-133 (ex Article 39 TEC) 1. Workers shall have the right to move freely within the Union. 'Any discrimination based on 2. Is between workers of the Member States, to nationality as regards employment, remuneration and other conditions of work. 3. Workers shall have the right, subject to limitations justified on grounds of public policy, public `public: safety and health a) to accept offers of employment actually made;
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b) to move freely for this purpose within the territory of the Member States, c) to stay in one of the Member States' work, conformeal purpose of carrying out an activity with the laws, regulations and administrative provisions governing the employment of national, d) to remain in conditions that are subject to European regulations adopted by the Commission, on the territory of a Member State after having been employed. 4. This Article does not apply to employment in the public administration. Article III-134 (ex Article 40 TEC) European laws or framework laws shall establish the necessary measures to bring about freedom circola` defined in Article of workers, and which `III-133. It shall be adopted after consultation of the Economic and Social Committee. The law or framework law is in particular to: a) ensure close cooperation between national employment services; b) eliminate the administrative procedures and practices, as well as the terms for available employment, whether resulting from national legislation or from agreements previously concluded between Member
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members, the maintenance of which would form an obstacle to liberalization of the movement of workers; c) abolish all limits and other restrictions, provided for by domestic legislation or from agreements previously concluded between Member States, which impose on workers of other Member States, in order to free choice of employment, conditions other than those laid down for national workers; d) set up appropriate machinery to bring together the supply and demand of work and to facilitate the balance in conditions that will avoid seriously threaten the standard of living or level of employment in the various regions and industries. Article III-135 (ex Article 41 TEC) Member States shall, within the framework of a joint program, the exchange of young workers. Article III-136 (ex Article 42 TEC) 18 1. In the field of social security, European laws or framework laws shall establish the necessary measures to achieve free movement of workers, at ------------ ----
Declaration on Articles III - 136 and III - 267: " The Conference considers that, where a draft law or framework law based on Article III - 267, paragraph 2 would affect fundamental aspects of the social security system of a Member State, in particular as regards the scope, cost or financial structure, or would affect the financial balance in accordance with Article III - 136, paragraph 2, the in-
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tuando to make arrangements to secure for migrant workers and the self employed and their dependents: a) aggregation of all periods taken into account under the various national laws, both for acquiring and retaining the right to benefit and the calculation of these, b) payment of benefits to persons resident in the territories of the Member States. 2. Where a member of the Council considers that a draft law or framework law referred to in paragraph 1 would affect fundamental aspects of its social security system, in particular as regards the scope, cost or financial structure, ` ask or would affect the financial balance, can the European Council is seized of the matter. In that case, the procedure referred to in Article III-396 is suspended. After discussion within four months of this suspension, the European Council: a) refer the draft back to the Council, which shall terminate the suspension of the procedure referred to in Article III-396, or b) request the Commission to submit a new proposal; in that case, the act originally proposed shall be deemed not adopted.
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interests of that Member State will be duly taken into account " .
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Subsection 2 `Freedom of establishment Article III-137 (ex Article 43 TEC) Within the framework of this Subsection, the restri` of establishment of nationals of a Member State to freedom tions in the territory of another Member State to` resono prohibited. This prohibition shall also restrictions on the setting up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of another Member State. The citizens of a Member State have the right to access, in the territory of another Member State, to at` autonomous and pursue well as' to establish and tivita `under dell'artigestire businesses, particularly society Article III-142, second paragraph, under the conditions defined by the law of the Member State of establishment for its own citizens, subject to Section 4 relating to capital and payments. Article III-138 (ex Article 44 TEC) 1. A European framework law shall establish measures `of establishment in a deterper achieve freedom` `. It adopted after consultation of the Economic and Social activities undermined.
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2. The European Parliament, the Council and the Com` mission carry out the duties assigned to them by virtue of paragraph 1, in particular: a) dealing, in general, priority atti` for which the `freedom of establishment makes a life particularly valuable contribution to the production and trade, b) by ensuring close cooperation between national administrations in order to ascertain the particular situation within the Union `concerned, the different activities c) by abolishing those administrative procedures and practices , from national legislation or from agreements previously concluded between Member States mem` 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 , can stay home to take `self, when it fulfills the condiun'attivita tions that they would be required if they were entering that State at the time when they intended to all'atti` in question, and life) making it possible to acquire and sfrutta` land and buildings situated in the territory of a Member State chin owned by a national of another Member State, provided they do not conflict with the principles set out in Article III-227, paragraph 2, f) by effecting the progressive abolition of re` of establishment in every restrictions relating to freedom
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`Considered, on the one hand, the activities of condiramo tions for setting up agencies, branches or subsidiaries in the territory of a Member State and, secondly, the conditions of admission of the headquarters staff in the organs of management or control of the latter, g) by coordinating to the necessary extent the safeguards which, the safeguards required, `under Article in the United States, the company III-142, second paragraph to protect the interests of members is the third, h) ensuring that the conditions of establishment are not distorted by aid granted by Member States. Article III-139 (ex Article 45 TEC) This Subsection shall not apply, as regards the Member State concerned, its at` which in that State are connected, even occasiotivita nally, with the exercise of official authority. `Exclude Tala law or framework law may` The provisions of this subsection moons activities. Article III-140 (ex Article 46 TEC) 1. This Subsection and measures adopted `thereof shall not prejudice the apin` virtue of the laws, regolamenplicabilita and administrative provisions of the Member States providing for special treatment for foreign nationals
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and which are justified on grounds of public policy, public `. public security and health care 2. A European framework law shall coordinate the national provisions referred to in paragraph 1. Article III-141 (ex Article 47 TEC) 1. European framework laws shall make it easier for `in` autonomous and exercise of these. And the tense activities: a) the mutual recognition of diplomas, certificates and other qualifications, b) the coordination of laws, regulations and administrative provisions of the Member States' autonomous all'esercirelative access to these activities uncle. 2. With regard to the medical professions, paramedical and pharmaceutical phasing `dependent upon coordination of the restrictions and conditions of exercise of such professions in the various Member States. Article III-142 (ex Article 48 TEC) `formed under the company legislaLe tion of a Member State and having their registered office, central administration or the` prinl'amministrazione Cipale of activities within the Union shall, for the purposes of 'application of this Subsection,
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natural persons who are nationals of Member States. `" Means the company `law Ciper" company `coovile or commercial law, including company-operatives, and other legal persons governed by` public or private law, except for companies that do not profit-making. Article III-143 (ex Article 294 TEC) Subject to the other provisions of the Constitution, the Member States apply national legislation in respect of the financial participation of nationals of other Member States `in accordance with Article III-142, the capital of the company in the second subparagraph. Subsection 3 Freedom to provide services Article III-144 (ex Article 49 TEC) Within the framework of this Subsection, restrictions on freedom to provide services within the Union are prohibited in respect of nationals of Member States who are established in a Member State that of the recipient of the service. `Extend the law or framework law may this Subsection providers
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city ??services of a third State and who are established within the Union. Article III-145 (ex Article 50 TEC) For the purposes of the Constitution, are considered the services normally provided for remuneration, insofar as they are not governed by the provisions relating to the free movement of persons, goods and capital. Services include in particular: `industrial, a) activities` trade, b) activities `c) activities of craftsmen;` the professions. d) activities Without prejudice to Subsection 2 relating to `establishment, the lender may ', for the execution of the service esealla freedom, exercise, as tempora` in the Member State where the prestaneo, its activity` provided, under the same conditions tion by the State and its citizens. Article III-146 (ex Article 51 TEC) 1. Freedom to provide services in the matter is regulated by Chapter III, section 7 on transport, and transport. 2. The liberalization of banking and insurance services connected with movements of capital
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this should be effected in step with the liberalization of movement of capital. Article III-147 (ex Article 52 TEC) 1. A European framework law shall establish measures to achieve the liberalization of a specific `adopted after consultation of Comiservizio. And the Economic and Social. 2. European framework laws referred to in paragraph 1 is soundproofed and services that as a general rule priority tervengono directly affect production costs or the liberalization of which helps to promote trade in goods. Article III-148 (ex Article 53 TEC) Member States shall endeavor to undertake liberalization of services beyond the extent of the `framework law euroquella mandatory by virtue Union adopted pursuant to Article III-147, they are allowed by pa` situaragrafo 1, when what the economic and general situation of the sector concerned. The Commission shall make recommendations to this end the Member States concerned. Article III-149 (ex Article 54 TEC) Until not been abolished restrictions on the freedom to provide services, the Member
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` Shall apply such restrictions without distinction of nationality or residence to all persons providing services referred to in Article III - 144, first paragraph. Article III - 150 ( ex Article 55 TEC ) Articles III - 139 to III - 142 shall apply to the matters covered by this Subsection.
SECTION 3 FREE MOVEMENT OF GOODS Subsection 1 Customs union Article III - 151 ( ex Articles 23, 24, 25, 26 and 27 TEC) 1. The Union shall comprise a customs union which shall cover all trade in goods and involves 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 the relations between Member States and third countries. 2. Paragraph 4 and Subsection 3 on the prohibition of quantitative restrictions shall apply to products originating in the United States and to products coming
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from third countries which are in free circulation in Member States. 3. They are considered in free circulation in a Member State of products from third countries for which `of imporsiano been fulfilled in that State formalities and supply any customs duties and charges having equivalent effect payable and which have not benefited from a total or partial drawback of such duties and taxes. 4. Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition also applies to customs duties of a fiscal nature. 5. The Council, on a proposal from the Commission, shall adopt the European regulations or decisions laying down the duties of the Common Customs Tariff. 6. In carrying out the tasks entrusted to it under this section, the Commission shall be guided by: `promote exchanges coma) to require commercial between Member States and third countries, b) developments in conditions of competition within the Union, to the extent that such `to an improvement in the competitievoluzione will have` enterprises, life `supply UC) requires the Union in raw materials and semi-finished products, take care to avoid distorting among Member States the conditions of competition for finished products, `to avoid serious disturbances d) the needs in the economies of Member States and to ensure
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the rational development of production and an expansion of consumption within the Union. Subsection 2 Customs cooperation Article III - 152 ( ex Article 135 TEC) Within the scope of application of the Constitution, the law or framework law shall establish measures to strengthen customs cooperation between Member States and between them and the Commission. Subsection 3 Prohibition of quantitative restrictions Article III - 153 ( ex Articles 28 and 29 EC Treaty) shall be prohibited between Member States quantitative restrictions on imports and exports and all measures having equivalent effect. Article III - 154 ( ex Article 30 TEC ) Article III - 153 shall not preclude prohibitions or restrictions on imports, exports and the ` public transit justified on grounds of morality of public policy, public security, protection
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health and life of humans, animals or plants; the protection of the artistic, historic or archaeological value, or `industrial and commercial. protection of property, however, such prohibitions or restrictions shall not costi' Tuire a means of arbitrary discrimination or a disguised restriction on trade between Member States. Article III-155 (ex Article 31 TEC) 1. Member States shall adjust any State monopolies of a commercial character, so that no discrimination between nationals of Member States regarding the conditions of supply and outlets. This Article shall apply to any body through which a Member State, in law or in fact, controls, directs or appreciably influences directly or indirectly imports or espor` to monotazioni between Member States. It applies altresi poles delegated by the State. 2. Member States shall refrain from introducing any new measure contrary to the principles set out 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 facilitate the disposal or development of products
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` Should be taken in applying the farm, and this Article to ensure equivalent safeguards for the employment and standard of living of the producers concerned.
SECTION 4 CAPITAL AND PAYMENTS Article III - 156 ( ex Article 56 TEC) Within the framework of this Section, restrictions both on the movement of capital and on payments between Member States and between Member States and third countries. Article III - 157 ( ex Article 57 TEC) 1. Article III - 156 shall not prejudice the application to third countries of any restrictions which ` the force on 31 December 1993 by virtue of national law or Union law respect of the movement of capital to or from third countries by them involving direct inve` ments, including investment in real estate properties, the establishment, the provision of financial services or the admission of securities to capital markets. With regard to restrictions existing under national law in Estonia and Hungary ` December 31, 1999 and the relevant date .
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2. European laws or framework laws shall establish the measures on the movement of capital to or from third countries by them involving direct investi` immenti, including investments in property, establishment, the provision of financial services or the admission of securities in the financial markets. The European Parliament and the Council shall endeavor to achieve to the greatest extent possible and without prejudice to other provisions of the Constitution, the objective of free movement of capital between Member States and third countries. 3. Notwithstanding paragraph 2, only a law or framework law `establish measures that the European Council can constitute a step backwards in Union law as regards the liberalization of the movement of capital to or from third countries from them. `The Council shall act unanimously after consulting the European Parliament. Article III-158 (ex Article 58 TEC) 1. Article III-156 does not affect the right of Member States: a) to apply the relevant provisions of their tax law which distinguish between taxpayers who are not found in the same situation as regards their place of residence or the place where their capital;
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b) to take all requisite measures to prevent infringements of their laws and regulations, 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, or to take measures which are justified on grounds of public policy or public security. 2. This section shall not affect the applicabi` of restrictions on the right of establishment lita compatible with the Constitution. 3. The measures and procedures referred to in paragraphs 1 and 2 shall not constitute a means of discrimination ar' a disguised restriction on the free circobitraria, it tion of capital and payments as defined in Article III-156. 4. In the absence of a law or framework law in accordance with Article III-157, paragraph 3, the Commission or, in the absence of a decision of the European Commission within a period of three months from richie` is the Member State concerned, the Council may adopt a European decision confirming that the tax measures adopted by a Member State ri` third countries should be consideguardo to one or more installments compatible with the Constitution to the extent that they are justified by one of the objectives of the Union and compatible with the proper functioning of the internal market in` on request. The Council shall act unanimously a Member State.
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Article III - 159 ( ex Article 59 TEC) Where, in exceptional circumstances, movements of capital from third countries to or ` for serious cause, or threaten to cause difficulty functioning of economic and monetary union, the ` adotConsiglio, on a proposal from the Commission, may tare European regulations or decisions establishing the safeguard measures against 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 - 160 (new 19 ) Where necessary to achieve the objectives of Article III - 257, as regards preventing and combating terrorism and related atti`, European laws shall define a set of life measures administrative provisions relating to capital movements and payments, such as the freezing of ca ----------------
Declaration on Articles III - 160 and III - 322: " The ` fonConferenza recalls that respect for the rights and freedoms tal implies, in particular, that due regard is paid to the protection and respect of the right to due pro` concerned. to this end, and for garancesso of persons or entities tire a thorough judicial review of European decisions ` restrictive measures, such subjecting an individual or entity decisions must be based on clear and distinct criteria. these criteria should be tailored to the specifics of each restrictive measure. "
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capitals, financial assets or economic gains belonging to, or owned or held by individuals ' non-state. or legal persons, groups or entities The Council, on a proposal from the Commission, shall adopt European regulations and decisions to implement the European laws referred to in the first paragraph. The acts referred to in this Article shall include necessary provisions on legal safeguards.
SECTION 5 RULES ON COMPETITION Subsection 1 Rules applying to undertakings Article III - 161 ( ex Article 81 TEC) 1. The following are incompatible with the internal market and 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 prices or selling prices or other trading conditions;
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b) limit or control production, markets, technical development or investment; c) share markets or sources of supply, d) apply to transactions with other trading parties, dissimilar conditions to `placing them the last one equivalent, so 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. `Of pre2. Any agreements or decisions prohibited by virtue this Article shall be automatically void. `Be declared 3. However, paragraph 1 may not apply: any agreement or category of agreements between undertakings, any decision or category of decisions by associations of undertakings, and 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 avoiding
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a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives, to eliminate `b) afford such undertakings the possibility of competition for a substantial part of the products in question. Article III-162 (ex Article 82 TEC) `incompatible with the internal market and Viee Treaty, insofar as it may affect trade between Member States, the exploitation of a position of its abu` companies by one or more dominant internal market or in a substantial part of it. Such abuse may consist in particular: a) directly or indirectly purchase prices, sales or other unfair trading conditions; b) limiting production, markets or technical development to the prejudice of consumers; c) applying transactions with other trading parties' dissimilar conditions to them at a equivalent, thereby causing 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
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commercial usage, have no connection with the subject of such contracts. Article III-163 (ex Article 83 TEC) The Council, on a proposal from the Commission, shall adopt European regulations for the application of the principles set out in Articles III-161 and III-162. It shall act after consulting the European Parliament. Such regulations shall, in particular the aim of: a) ensure compliance with the prohibitions referred to in Article III-161, paragraph 1 and Article III-162 commi` default, for fines and penalties `Application DelB ) determine the modalities Article III-161, paragraph 3, taking into account the ne` to ensure effective supervision and, in the quire while simplifying as far as possible, administrative control, c) to define, if, in the various branches economy, the scope of application of Articles III161 and III-162, d) to define the respective functions of the Commission and the Court of Justice of the European Union in applying the provisions referred to in this paragraph and) determine the relationship between the laws of the Member States, on the one hand, and this Subsection
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the European regulations adopted pursuant to this Article. Article III-164 (ex Article 84 TEC) Until the entry into force of the European regulations adopted pursuant to Article III-163, `the Member States shall decide on alautorita` of agreements and abuses the admissibility of a dominant position in the domestic market, in `their domestic law and compliance with Article III-161, in particular paragraph 3, and Article III-162. Article III-165 (ex Article 85 TEC) 1. Without prejudice to Article III-164, the Commission 'ensuring compliance with the principles laid down in Articles III-161 because monitors and III-162. On application of a Member State or on its own and in conjunction `Member States' competent authorities and with their assistance, cases of suspected infringement of these principles. If it finds the existence of an infringement, it proposes measures to end it. 2. If it is not an end to the infringements referred to in paragraph 1, the Commission shall adopt a reasoned European decision recording the infringement of the `publish its decision and authorize principles. Can the United States to take the necessary measures, in `to remedy which defines the conditions and methods to the situation.
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` adottare regolamenti eu3. La Commissione puo ropei concernenti le categorie di accordi per le quali il Consiglio ha adottato un regolamento europeo conformemente all'articolo III-163, secondo comma, lettera b).
Article III - 166 ( ex Article 86 TEC) ' manten1. Member States will not give off Gono, in the case of public undertakings and undertakings to which they grant special or exclusive rights, any measure contrary to the Constitution, in particular Article I- 4, paragraph 2 and Articles III161 to III - 169. 2. Undertakings entrusted with the operation of services of general economic interest or having the character of revenue-producing monopoly are subject to the provisions of the Constitution, in particular the rules on competition, insofar as the application of such provisions 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 an extent contrary to the interests of the Union. 3. The Commission shall ensure the application of this Article and shall, where necessary, adopt appropriate European regulations or decisions .
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Subsection 2 Aid granted by Member States
Article III-167 (ex Article 87 TEC) 1. Save as otherwise provided in the Constitution, are incompatible with the internal market insofar as it affects trade between Member States, any aid granted by Member States or through State resources in any form which, favoring certain undertakings or the production of certain goods, distorts or threatens to distort competition. 2. They are 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 products, b) aid to make good the damage caused by `natural or other ecceziodalle magnet tional events, c) aid granted to certain regions of the Federal Republic of Germany affected by the division of Germany, insofar as is necessary to compensate for the economic disadvantages caused by that division. Five years after the entry into force of the Treaty establishing a Constitution for Europe, the Council, on a proposal from the Commission
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`Adopt a European decision repealing sion, may this letter. 20 3. may be considered 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 a severe form of sottoc' of the regions where all'articupazione, well as Article III-424, in view of their structural, economic and social; 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 `or of certain economic areas, where those activities do not adversely affect trading conditions to an extent contrary to the common interest; d) aid to promote culture and heritage conservation, when it does not adversely affect trading conditions and competition in the Union to an extent contrary to the common interest;
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20 Declaration on Article III-167, paragraph 2, letter c): "The Conference notes that Article III-167, paragraph 2, letter c) must be interpreted in accordance with the` existing case law of the Court of Justice of the Community `and the European Court of First Instance regarding the applicability of the provisions to aid granted to certain areas of the Federal Republic of Germany affected by the former division of Germany."
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e) such other categories of aid laid down by European regulations or decisions adopted by the Council on a Commission proposal. Article III-168 (ex Article 88 TEC) 1. The Commission, with the Member States under constant review all systems of aid existing in those States. It offers them 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, ov` compatible with the real State resources, and not the internal market under Article III-167, or `being misused, it adopts Decades such aid and 'the Member State concerned the decision of the European Directory to abolish or alter the period prescribed therein. If the Member State concerned does not comply with this European decision within the prescribed time, the Commission or any other Member State interes` appeal directly to the Court of Justice of the European Union dell'Usato may, in derogation from Articles III-360 and III- 361. `At the request of a Member State, the Council may` a European decision adopted unanimously at which an aid, established or to be established by that State, must be considered compatible with the internal market, in derogation from Article III -167 or from European regulations provided for in Article III-169, when exceptional circumstances justify it. If
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the Commission has initiated in respect of such aid, the procedure under this paragraph, the first paragraph, request the Member State concerned to the Council has the effect of suspending that `pronunprocedura until the Council does not and Ciato about it. `Acted within However, if the Council does not take three months from the date of the request, the Commission shall act. 3. Member States shall communicate to Commis' submit its osservasione in time because tions, of any plans to grant or alter aid. If it considers that a plan is not compatible with the internal market under Article III-167, it shall without delay initiate the procedure provided for in paragraph 2 of this article. The Member State interes` put its proposed measures concerned can not until this procedure has resulted in a final decision. `Adopt regulations EU4. The Commission may pean relating to the categories of State aid for which the Council has, pursuant to Article III-169, determined may be exempted from the procedure referred to in paragraph 3 of this article. Article III-169 (ex Article 89 TEC) The Council, on a proposal from the Commission, `adopt European regulations for the application can Articles III-167 and III-168 and for determining in particular the conditions for the application of Article
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III - 168, paragraph 3, and the categories of aid exempted from the procedure provided for in this paragraph. It shall act after consulting the European Parliament.
SECTION 6 FISCAL PROVISIONS Article III-170 (ex Articles 90, 91 and 92 TEC) 1. 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 domestic products similar. Furthermore, no Member State shall impose on the products of other Member States any internal indirect protection to other products. 2. Where products are exported by a Member State in the territory of another Member State can not benefit from any repayment of internal taxation shall not exceed the taxation imposed on them whether directly or indirectly. 3. In the case of charges other than turnover taxes, the excise and other indirect taxes, you can operate exemptions and refunds on exports to other Member States, and introduce countervailing charges applicable to imports from United States, only forty
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lora provisions contemplated have been previously approved for a limited period by a European decision adopted by the Council on a Commission proposal. Article III - 171 ( ex Article 93 TEC) A European law or framework law of the Council shall establish measures for the harmonization of legislation concerning turnover taxes, excise duties and other indirect taxes, provided that such harmonization is necessary to ensure the establishment and functioning of the internal market and to avoid distortion of con` prior tition. The Council shall act unanimously consulting the European Parliament and the Economic and Social Committee.
SECTION 7 COMMON PROVISIONS Article III - 172 ( ex Article 95 TEC) 1. Except where the Constitution provides otherwise, the scope of this article to the objectives of Article III - 130. The law or framework law shall establish measures for the approximation of laws, regulations and administrative provisions of the Member
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States which have as their object the establishment or `adopted after operation of the internal market. And consulting the Economic and Social. 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 employees. 3. The Commission, in its proposals submitted `, security, prosensi paragraph 1 concerning health care protection of the environment and consumer protection, is based on a high level of protection, taking account in particular of any new development based on scientific facts. The European Parliament and the Council, within their respective powers, will seek to achieve this objective. ', After the adoption of a measure ar4. When harmonization through a law or framework law or by a regulation of the Commission, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article III154 or relating to protection of the environment or the working environment, notification them to the Commission as the grounds for maintaining them. 'After 5. Moreover, without prejudice to paragraph 4, if the adoption of a harmonization measure by a law or framework law or by a regulation of the Commission, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of
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the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonization measure, it shall notify the provisions to the Commission 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. Failing a decision by the Commission within this period the national provisions referred to in paragraphs 4 and 5 shall be deemed approved. `Of the matter and if justified by the complexity in the absence of danger to human health, the Commis` notify the Member State concerned that mission can` prolonged for the period referred to in this paragraph and a further period of up to six months. `Authorized to 7. When a Member State pursuant to paragraph 6, to maintain or introduce national provisions derogating from a harmonization measure, the Commission shall examine immediata` to propose an adaptation of mind the opportunity for such a measure. 8. When a Member State raises a problem is in the public sector and that `prespecifico of Health previously been subject to harmonization measures, the
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submit to the Commission that examines immediata` propose appropriate measures. mind the opportunity 9. Notwithstanding the procedure set out in Articles III360 and III-361, the Commission or any state mem` refer the matter directly to the Court of Justice can dell'Ubro European Union if it considers that another Member State is making improper use the powers provided for in this article. 10. The harmonization measures referred to in this Article shall, in appropriate cases, include a safeguard clause authorizing the Member States to adopt `the reasons for the non-economic for one or more referred to in Article III-154, measures provisions subject to a Union control procedure. Article III-173 (ex Article 94 TEC) Without prejudice to Article III-172, a European framework law of the Council shall establish measures for the approximation of laws, regulations and administrative provisions of the Member States that directly affect the or functioning of the internal market. The Council de` Parlalibera unanimously after consulting the European Parliament and the Economic and Social Committee. Article III-174 (ex Article 96 TEC) Where the Commission finds that a dispa` between the laws, regulations or administrative provisions rita false conditions
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competition on the domestic market and that the resultant distortion needs to be eliminated, consult the Member States concerned. If such consultation does not result in agreement, European framework laws establish the necessary measures to eliminate the distortion in question. Any other appropriate measures provided for by the Constitution ` be adopted. can
Article III - 175 ( ex Article 97 TEC) 1. Where there is reason to fear that the adoption or amendment of laws, regulations or administrative provisions of a Member State may cause distortion within the meaning of Article III174, the Member State to proceed therewith shall consult the Commission. The Commission, after consulting the Member States, address to the Member States concerned a recommendation on the appropriate measures 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 by the Commission, does not require little bit the other Member States, in application of Article III - 174, 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 only to ` apply to Article III - 174. his detriment, and not
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Article III - 176 ( new) As part of the establishment and functioning of the internal market, European laws or framework laws shall establish measures for the creation of European bonds in order to provide uniform protection of intellectual of` Union and for istituritti owned tion of authorization schemes, coordination and control centralized at EU level. A European law of the Council shall establish language arrangements for the European intellectual. ` The Council shall act after consulting the Parliament euall'unanimita pean.
CHAPTER II ECONOMIC AND MONETARY POLICY Article III - 177 ( ex Article 4 TEC) For the purposes of Article I - 3, the activities of the Member States and the Union shall include, as provided in the Constitution, the adoption of a policy ` based on the close coordination of economic and economic policies of the Member States, on the domestic market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition. In parallel, under the conditions and in the manner provided by the Constitution, this action com-
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It takes a single currency, the euro, and the definition and conduct of monetary policy and exchange-rate policy, which have the main objective of ` price and, without prejudice to this objective to maintain stability, to support policies general economic Union, in accordance with the principle of an open market economy with free competition. These activities of the Member States and the Union shall entail compliance with the following guiding principles: stable prices, sound public finances and monetary conditions, sustainable balance of payments.
SECTION 1 ECONOMIC POLICY
Article III - 178 ( ex Article 98 TEC) Member States shall conduct their economic policies to help achieve the objectives of the Union defined in Article I- 3, and in the context of the broad guidelines referred to in Article III -179 paragraph 2. the Member States and the Union shall act in accordance with the principles of an open market economy with free competition, favoring an efficient allocation of resources, in accordance with the principles set out in Article III - 177.
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Article III-179 (ex Article 99 TEC) 1. Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with Article III-178. 2. The Council, on a recommendation from the Commission, formulate a draft for the broad guidelines for the economic policies of the Member States and the Union and report to the European Council. The European Council, on the basis of the report from the Council, discuss a conclusion on the broad guidelines for the economic policies of the Member States and the Union. On the basis of this conclusion, the Council shall adopt a recommendation setting out these broad guidelines. It shall inform the European Parliament. `Close coordination 3. In order to ensure a more economic policies and sustained convergence of the economic performances of the Member States, the Council, on the basis of reports by the Commission, monitor economic developments in each of the 'consistency of the Member States and in the Union as well as economic policies with the broad guidelines referred to in paragraph 2, and regularly carry out an overall assessment. For the purpose of this multilateral surveillance, Member States shall communicate to the Commission about important measures taken by them nel-
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the scope of their economic policy and any other information 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 jeopardizing the proper functioning of economic `extend a avvertie monetary union, the Commission may chin to the Member State in question. The Council, on a recommendation from the Commission `ask, can the Member State in question the necessary recommendations. The Council, on a proposal from the Commission, `choose to disclose our raccomanpuo tions. In the context of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned. A qualified majority shall at least 55% of the other members of the Council, representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these other Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained. 5. The President of the Council and the Commission shall report to the European Parliament the results of the surveil-
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multilateral surveillance. If the Council has made its recommendations public, the prime minister `be invited to appear before the competent commispuo sion of the European Parliament. `` Establish the modalities of the 6. European laws may multilateral surveillance procedure referred to in paragraphs 3 and 4. Article III-180 (ex Article 100 TEC) 1. Without prejudice to any other procedures provided for by the Constitution, the Council, on a proposal the Com` adopt a European decision that mission, can down measures appropriate to the economic situation, `Nelin particular if severe difficulties arise in the supply of certain products. `Or 2. Where a Member State is in difficulties` due to be seriously threatened with severe difficulties `natural or exceptional occurrences sfugcalamita Gono its control, the Council, on a proposal from the European Commission` to adopt a decision, which may grant, under certain conditions, Union financial assistance to the Member State concerned. The President of the Council shall inform the European Parliament. Article III-181 (ex Article 101 TEC) `prohibited the granting of overdrafts 1. E or any other form of credit facility with the ECB or with the
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central banks of the Member States (hereinafter referred to as "national central banks"), to institutions, bodies, offices or agencies, central governments, regional authorities, local or other public authorities, other bodies governed by public law, or companies `altresi `prohibited acpubbliche Member States. And purchase directly from them of debt securities by the European Central Bank or national central banks. 2. Paragraph 1 shall not apply to credit institutions of `public that, in the context of the supply of liproprieta` from the central banks, uidity receive from national central banks and the European Central Bank the same treatment as private credit institutions. Article III-182 (ex Article 102 TEC) Any measure or provision, not based on prudential considerations, which provide the institutions, bodies, offices or agencies, central governments, regional authorities, local or other public authorities, other bodies governed by public law, or public undertakings of Member States access to financial institutions. Article III-183 (ex Article 103 TEC) 'takes charge of 1. The Union shall not be liable or commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of
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any Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. Member States shall not rispon' take charge of the commitments it dell'amminidono administration 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, on a proposal from the Commission, ` adopt the European regulations or decisions that prepuo cisano definitions for the application of the prohibitions referred to in Articles III - 181 and III - 182 and in this article. It shall act after consulting the European Parliament.
Article III - 184 ( ex Article 104 TEC) 21 1. Member States shall avoid excessive government deficits .
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21 Declaration on Article III - 184: " With regard to Article III - 184, the Conference confirms that raising growth potential and securing sound budgetary positions are the two pillars of economic and fiscal policy is growth of the Union and the Member States. the stability pact ` an important tool to achieve these goals. and the Conference reaffirms its commitment to the growth is, consider the provisions concerning the stability Pact framework within which it operates the coordination of budgetary policies in the Member States. The Conference confirms that a system based on re-
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2. The Commission shall monitor the development of the ` public debt and budgetary situation of the entity in the United States, in order to detect errors rile ----------------
`The best guarantee so that 'commitments to be enforced and gorges and all Member States to be treated equally. In this context, the Conference also reaffirms its commitment to the goals of the Lisbon Strategy: job creation, structural reforms, and social cohesion. The Union aims at achieving economic growth equi` prices. Economic policies and bilibrata and stability 'in the field of launch should therefore set the right priorities is strengthening economic reforms, innovation, competitiveness of private investment and consumption in phases of growth' should be reflected in weak economic guidelines. That decisions on budgetary matters at national and EU, in particular through restructuring of public revenue and expenditure while respecting budgetary discipline is growing. accordance with the Constitution and the Stability Pact The financial and economic challenges which the Member States underline the importance of sound budgetary policy throughout the economic cycle. The Conference agrees that Member States should use periods of economic recovery actively to consolidate public finances and improve their budgetary positions. `Gradually achieve a budgetary surplus in good times and objective, in order to have the necessary room for maneuver to cope with downturns and the` `long-term sustainability of public finances contribute so. The Member States look forward to possible proposals of the Commission and other Member States' contributions with regard to strengthening and clarifying the implementation of the growth is. Member States shall take all measures necessary stability pact in order to increase the growth potential of their economies. Better coordination of economic policies could contribute to the achievement of this objective
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`To discivanti. In particular it shall examine compliance plina budget on the basis of two criteria: a) whether the ratio of the budget deficit, expected or actual gross domestic product exceeds a reference value, unless: i) the ratio It has declined substantially and continuously and reached a level that comes close to the reference value, or ii) 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 sufficiently diminishing and approaching the reference value at a satisfactory pace. The reference values ??are specified in the Protocol on the excessive deficit procedure. 22 3. If a Member State does not fulfill the requirements under one or both of these criteria, the Commission shall prepare a report. The Commission report also takes into account any difference between the government deficit and government spending for investments and takes into account all other relevant factors, including the economic situation and medium-term budget of the Member State.
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tive. This Declaration does not prejudge the future debate is growing. " On stability pact ` 22 appears on page 475. The protocol in question and
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`RelaLa Commission may also prepare a tion if it considers that in a given Member State, although the criteria are met, there is a risk of an excessive deficit. 4. The Economic and Financial Committee set up under Article III-192 shall formulate an opinion on the Commission report. 5. The Commission considers that in a Member State exists or may occur in an excessive deficit, address an opinion to the Member State concerned and shall inform the Council. 6. The Council, on a proposal from the Commission, having considered any observations which the Member State concerned may wish to make, decide after an overall assessment whether an excessive deficit exists. In case it shall adopt without undue delay, on a recommendation from the Commission, recommendations addressed to the Member State concerned in order to put an end to this situation within a specified period. Subject to paragraph 8, those recommendations shall not be made public. In the context of this paragraph, the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned. A qualified majority shall at least 55% of the other members of the Council, representing Member States comprising at least 65% of the population of the participating Member States.
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A blocking minority must include at least the minimum number of these other Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained. 7. The Council, 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 member of the Council representing the Member State concerned. A qualified majority shall at least 55% of the other members of the Council, representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these other Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained. 8. Where it adopts a European decision which finds that within the period `given effective action and raccomandanon` make this recommendation public. tions, can 9. If a Member State persists in failing to put the Council's recommendations, the latter `adopt a European decision giving notice to the member state may take, within a specified period,
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measures for the deficit reduction which the Council judges necessary to remedy the situation. `Ask the State In that case, the Council may member concerned to submit reports in accordance with a specific timetable in order to examine the adjustment efforts of that Member State to remedy the situation. 'A Member State fails to comply 10. As long as `the paa a European decision adopted in accordance` decide to apply or, seragrafo 9, the Council may `miconda of the following cases, intensify one or more measures: a) require the Member State concerned to publish additional information, to be specified by the Council, before issuing bonds and securities; b) invite the European Investment Bank to reconsider its lending policy towards the Member State concerned; c) require the Member State concerned to make a non-interest bearing deposit of an appropriate size with the Union until, in the opinion of the Council, the excessive deficit has been corrected; `Adequate. d) impose fines of an entity The President of the Council shall inform the European Parliament of the measures taken. 11. The Council shall abrogate some or all of the measures set out in paragraphs 6, 8, 9 and 10 to the extent that it considers the excessive deficit in the Member State in this
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ment has been corrected. If previously made public its recommendations, the Council shall state publicly, as soon as it was repealed the deci` pean Commission referred to in paragraph 8, that no longer exists an excessive deficit in the Member State in question. 12. The rights to bring actions provided for in Articles III-360 and III-361 may not be exercised within the framework of paragraphs 1 to 6, 8 and 9. 13. Further provisions relating to the implementation of the procedure for which this article They are specified in the Protocol on the excessive deficit procedure. A European law of the Council shall determine the appropriate measures to replace the said Protocol. `The Council shall act unanimously after consulting the European Parliament and the European Central Bank. Notwithstanding other provisions of this paragraph, the Council, on a proposal from the Commission, shall adopt the European regulations or decisions specifying `and definitions for the application of the said protocol mode. It shall act after consulting the European Parliament.
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SECTION 2 MONETARY POLICY Article III-185 (ex Article 105 TEC) 1. The primary objective of the European System of `` maintaining the stability of the Central Banks and prices. Without prejudice to this objective, the European System of Central Banks shall support the general economic policies in the Union to contribute to the achievement of its objectives as defined in Article I-3. The European System of Central Banks `the principle of an open market acts in accordance with free competition, favoring an efficient allocation of resources and compliance with the principles set out in Article III-177. 2. The basic tasks to be carried out through the European System of Central Banks shall be: a) define and implement the Union's monetary policy; b) to conduct foreign-exchange operations consistent with Article III-326; c) hold and manage the official foreign reserves of the Member States; d) to promote the smooth operation of payment systems.
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3. Paragraph 2, letter c) is without prejudice to the holding and management by the governments of Member States of foreign exchange working balances. `Consulted: 4. The European Central Bank and) on any proposed Union act in areas within its powers; `National projects of dispob) by the authorities laid down by law in areas within its powers, but within the limits and conditions established by the Council under the procedure provided for in Article III-187, paragraph 4.` deliver opinions Bank European Central can be submitted to the institutions, offices or agencies dell'U` national issues that riennione or the authorities Trano its powers. 5. The European System of Central Banks shall contribute to the smooth conduct of policies pursued `regarding vigidalle competent authorities of` silanza prudential credit institutions and the stability of financial system. `Entrust 6. A European law of the Council may at the European Central Bank specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions, excluding insurance companies. Deli` the Council after consulting the European Parliament unanimously bera and the European Central Bank.
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Article III-186 (ex Article 106 TEC) 1. The European Central Bank has the exclusive right to authorize the issue of euro banknotes within the Union. The European Central Bank and the national central banks may issue such notes. The banknotes issued by the European Central Bank and national central banks shall be the only legal tender banknotes in the Union. 2. Member States may issue euro coins with the approval of the European Central Bank regarding the volume of the issue. `The Council, on a proposal from the Commission, may adopt European regulations laying down measures to harmonize the denominations and technical specifications of coins intended for circulation to the extent necessary to permit their smooth circulation within the Union. The Council shall act after consulting the European Parliament and the European Central Bank. Article III-187 (ex Article 107 TEC) `rectum byThe European System of Central Banks and the decision-making bodies of the European Central Bank, which are the Governing Council and the Executive Committee. `The Statute of the European System of Central Banks and defined in the Protocol on the Statute of the European System of Central Banks and of the European Central Bank.
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Article 5, paragraphs 1, 2 and 3, Articles 17 and 18, Article 19, paragraph 1, Articles 22, 23, 24 and 26, Article 32, paragraphs 2, 3, 4 and 6, Article 33, paragraph 1, letter a) and Article 36 of the Statute of the European System of Central Banks and of the European Central Bank may be amended by European laws: a) on a proposal from the Commission and after consulting the European Central Bank ; b) on a recommendation of the European Central Bank and after consulting the Commission. The Council shall adopt the European regulations and decisions laying down the measures referred to in Article 4, Article 5, paragraph 4, Article 19, paragraph 2, Article 20, Article 28, paragraph 1, to ' Article 29, paragraph 2, Article 30, paragraph 4 and article 34, paragraph 3 of the Statute of the European System of Central Banks and of the European Central Bank. It shall act after consulting the European Parliament: a) on a proposal from the Commission and after consulting the European Central Bank; b) on a recommendation of the European Central Bank and after consulting the Commission. Article III-188 (ex Article 108 TEC) 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' Central Bank eue the European Central Bank will
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'A national central bank, nor' a member of Union, any of their respective decision-making bodies shall seek or take instructions from Union institutions, bodies, offices or agencies, from any government of the United States or from any other body. The institutions, bodies, offices or agencies, as well as the governments of the Member States undertake to respect this principle and not to seek to influence the members of the governing bodies of the European Central Bank or national central banks in the performance of their duties. Article III-189 (ex Article 109 TEC) 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 of the European Central Bank. Article III-190 (ex Article 110 TEC) 1. In carrying out the tasks entrusted to the European System of Central Banks, the Central Bank `the Constitution and under coneuropea, in accordance conditions laid down in the Statute of the European System of Central Banks and of European Central Bank, adopt: a) European regulations to the extent necessary to implement the tasks defined in Article 3, paragraph 1, letter a), Article 19, paragraph 1, Article 22 and Article 25, paragraph 2 of the Statute of
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European System of Central Banks and of the European Central Bank and in cases provided for in the European regulations and decisions referred to in Article III - 187, paragraph 4 ; b ) European decisions necessary for carrying out the tasks entrusted to the European System of cen` of the Constitution and the Statute of the European System Sitrali by virtue of central banks and the European Central Bank ; c ) recommendations and opinions. ` Decide pub2. The European Central Bank should publish can European decisions, recommendations and opinions it adopts. 3. The Council shall, in accordance with the procedure referred to in Article III - 187, paragraph 4, the European regulations establishing the limits and conditions under which the European Central Bank has the power to impose on companies ' payments in respect of Failure deammende penalties or obligations imposed by European regulations and decisions adopted by it.
Article III - 191 ( ex Article 123, paragraph 4 TEC) Without prejudice to the powers of the European Central Bank, European laws or framework laws shall establish the measures necessary for use of the euro as the single currency ` taken after consultation. It and the European Central Bank .
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SECTION 3 INSTITUTIONAL PROVISIONS Article III-192 (ex Article 114, paragraphs 2, 3 and 4 TEC) 1. In order to promote coordination of the policies of Member States to the full extent necessary 'to set up a functioning internal market, and the Economic and Financial. 2. The Committee shall have the following tasks: a) to deliver opinions at the request of the Council or the Commission, or on its own initiative for submission to those institutions; b) following the economic and financial situation of the United States and the Union and to report regularly to the Council and the Commission, in particular on financial relations with third countries and international institutions; c) without prejudice to Article III-344, to contribute to the preparation of the Council proceedings referred to in Article III-159, Article III-179, paragraphs 2, 3, 4 and 6, Articles III-180, III -183 and III-184, Article III-185, paragraph 6, Article III-186, paragraph 2, Article III-187, paragraphs 3 and 4, Articles III-191 and III-196, to 'Article III-198, paragraphs 2 and 3, Article III201, Article III-202, paragraphs 2 and 3 and Articles
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III-322 and III-326, and to carry out other advisory and preparatory tasks assigned to it by the Council; d) to examine, at least once a year, the si` 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 the Council on the outcome of this examination. Member States, the Commission and the European Bank cen` two memtrale each appoint no more States of the Committee. 3. The Council, on a proposal from the Commission, `relaadotta a European decision laying down the modalities tive to 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 shall inform the European Parliament about the decision. 4. In addition to the tasks set out in paragraph 2, if and fintan' there are Member States with a derogation under deltoche Article III-197, 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 and the Commission. Article III-193 (ex Article 115 TEC) For matters within the scope of Article III-179, paragraph 4, dell'arti-
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Article III -184 with the exception of paragraph 13, Articles III - 191 and III - 196, Article III - 198, paragraph 3 and Article III - 326, the Council or a Member State may request the Commission to submit, as appropriate, a recommendation or a proposal. The Commission shall examine the request and immediately submit its conclusions to the Council.
SECTION 4 PROVISIONS SPECIFIC TO MEMBER STATES WHOSE ` EURO CURRENCY AND Article III - 194 ( new) 1. To ensure the proper functioning dell'u` of Economic and Monetary Union and in accordance the relevant provisions of the Constitution, the Council shall, according to the relevant procedure from among those referred to in Articles III - 179 and III - 184, with the exception of the procedure set out in Article III - 184, paragraph 13, measures concerning the Member States ' the euro, in order to: whose currency and ) to strengthen the coordination and surveillance of their budgetary discipline ; b ) develop, as far as they are concerned the orienta' have minds of economic policy ensuring affinche
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compatible with those adopted for the whole of the Union and are kept under surveillance. 2. Only members of the Council representing the `euro participating Member States whose currency and to vote on the measures referred to in paragraph 1. A qualified majority shall at least 55% of these members of the Council, representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained. Article III-195 (new) `for meetings between ministers of the euro` The modalities are established Member States whose currency and by the Protocol on. 23 Article III-196 (new) 1. In order to guarantee the euro's place in the international monetary system, the Council, on a proposal from the Commission, adopt a European decision establishing common positions on issues
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`Refer to page. 478. The protocol in question and
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that of particular interest for economic and monetary union within the competent international financial institutions and conferences. The Council shall act after consulting the European Central Bank. 2. The Council, on a proposal from the Commission, `take appropriate measures to ensure unified rappuo sentative within the international financial institutions and conferences. The Council shall act after consulting the European Central Bank. 3. Only members of the Council representing the `euro participating Member States whose currency and to vote on the measures referred to in paragraphs 1 and 2. A qualified majority shall at least 55% of these members of the Council representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained.
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SECTION 5 TRANSITIONAL PROVISIONS Article III-197 (ex Article 122, paragraphs 1, 3, 4 and 5 TEC) 1. Member States in respect of which the Council has decided do not fulfill the necessary conditions for adopting the euro are hereinafter referred to as "Member States with a derogation". 2. The following provisions of the Constitution do 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-179, paragraph 2), b) coercive means to correct excessive deficits (Article III-184, paragraphs 9 and 10), c) the objectives and tasks of the European System of Central Banks (Article III-185, paragraphs 1, 2, 3 and 5), d) issue of the euro (Article III-186), e) acts of the European Central Bank (Article III-190), f) measures governing the use of the euro (Article III-191), g) monetary agreements and other measures relating to exchange-rate policy (Article III-326),
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h) appointment of members of the Executive Board of the European Central Bank (Article III-382, paragraph 2), i) European decisions establishing common positions on matters of particular interest for economic and monetary union within the competent international financial institutions and conferences (Article III-196, paragraph 1), j) measures to ensure unified representation within the international financial institutions and conferences (Article III-196, paragraph 2). In the Articles referred to in subparagraphs a) to j), "Member States" shall mean Member States whose `the euro. currency and 3. Member States with a derogation and their national central banks are excluded from rights and obligations within the European System of Central Banks in accordance with Chapter IX of the Statute of the European System of Central Banks and of the European Central Bank. 4. The voting rights of members of the Council representing Member States with a derogation shall be suspended for the adoption by the Council of the measures referred to in Articles listed in paragraph 2, as well as in the following cases: a) recommendations made to Member States `the euro in the framework of surveillance mulcui currency and tilaterale, with regard also sta` programs and warnings (Article III-179, paragraph 4); bility
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b) measures relating to excessive deficits riguar` the euro (Article giving the Member States whose currency and III-184, paragraphs 6, 7, 8 and 11). A qualified majority shall at least 55% of the other members of the Council, representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these other Council members representing more than 35% of the population of the 'one member, if conmembri participants, more contrary the qualified majority shall be deemed attained. Article III-198 (ex Article 121, paragraph 1, article 122, paragraph 2 and under Article 123, paragraph 5 TEC) 1. At least once every two years or at the request of a Member State with a derogation, the Commission and the Central Bank European report to the Board on the progress made by Member States with a derogation of their obligations regarding the achievement of economic and monetary union. `These reports include an examination of the compatibility between the national legislation of each of these Member States, including the statutes of national central bank, on the one hand, and Articles III-188 and III-189 and the Statute of the European System of Central Banks
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and the European Central Bank, on the other. The reports also examine the achievement of a high degree of sustainable convergence by reference to the following criteria by each of these Member States: `a) the achievement of a high degree of price stability; this is apparent from a rate of inflation which is close to that of the three Member States, at most, the three best performing in terms of stabi` prices; `lita of fiscal b) sustainability public; this is apparent from having achieved a budgetary position without a deficit that is excessive as determined in Article III184, paragraph 6; c) the observance of the normal fluctuation margins provided for by the exchange rate mechanism of the European Monetary System for at least two years, without devaluing against the euro; d) levels of interest rates in the long term is the convergence achieved reflect the established by the Member State with a derogation and of its participation in the exchange rate mechanism. 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 into account the results of the integration of markets, the situation and DEL-
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the evolution of the current account balance of payments, an examination of the development of unit labor costs and other price indices. 2. After consulting the European Parliament and after discussion in the European Council, the Council, on a proposal from the Commission, shall adopt a European decision establishing which Member States with a derogation fulfill the necessary conditions on the basis of the criteria set out in paragraph 1, and abrogate the derogations of the Member States concerned. The Council shall act having received a recommendation of a qualified majority of the members, within the Council, representing the `euro. These members of the Member States whose currency and act within six months of receipt of the Commission proposal by the Council. A qualified majority in the second subparagraph shall be defined as at least 55% of these members of the Council, representing Member States comprising at least 65% of the population of the participating Member States. A blocking minority must include at least the minimum number of these Council members representing more than 35% of the population of 'one member, in case the participating Member States, plus which the qualified majority shall be deemed attained. 3. If it is decided, in accordance with the procedure referred to in paragraph 2, to abrogate a derogation, the Council, on a proposal from the Commission, shall adopt European regulations or decisions irrevocably fixing the rate
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at which the euro replaced the currency of the Member State in question and laying down the other measures necessary for the introduction of the euro as a single currency in that `the Member State. The Council shall act unanimously members representing Member States whose mo` the euro and the Member State concerned, after consultation neta and the European Central Bank. Article III-199 (ex Article 123, paragraph 3, and under Article 117, paragraph 2 TEC) 'there are Member States with 1. If and as long derogation, and without prejudice to Article III-187, paragraph 1, the General Council of the Bank European Central provided for in Article 45 of the Statute of the European System of Central Banks and of the European Central Bank `constituted as a third decision-making body and the European Central Bank. 'There are Member States with de2. If and as long derogation, the European Central Bank, as regards those Member States: a) strengthen cooperation between the national central banks; b) strengthen the coordination of monetary policies of the Member States in order to ensure sta` prices; ity c) monitor the functioning of ERM;
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d) hold consultations concerning issues falling within the competence of national central banks `institutions and markets finane affect established ments; and) carry out the former tasks of the European Monetary Cooperation Fund, previously taken over by the European Monetary Institute. Article III-200 (ex Article 124, paragraph 1 TEC) Each Member State with a derogation shall treat its exchange rate policy a matter of common interest. To this end, takes into account the experience acquired in cooperation within the ERM. Article III-201 (ex Article 119 TEC) `or is seriously threatened with 1. In case of difficulty 'in the balance of payments difficulties of a Member State with a derogation may be caused by an overall disequilibrium in its balance of payments, both on the type of currency at its disposal, and in particular to jeopardize 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 take the action that this del` has taken or may in accordance with the Constitution, making use of all the means at its disposal. The Commission
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It indicates the measures it recommends the adoption by the Member State concerned. If the action taken by a Member State with a derogation and the measures suggested by the Commission or miappaiono `not sufficient to overcome the difficulties encountered` The Commission racconacce Difficulty sends to the Council, after consulting the Economic and Financial Committee, the mutual assistance and appropriate methods. The Commission shall keep the Council regularly informed of the situation and its evolution. 2. The Council shall adopt the European regulations or decisions granting such mutual assistance and laying `. Such assistance can `asle conditions and modalities Sumerian in such forms as: a) a concerted approach with other international organizations 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 `Quantity in difficulties maintains or reintroduces restrictions tive 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 or if the mutual assistance granted and the measures
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taken are insufficient, the Commission shall authorize the Member State with a derogation which is in diffi` to adopt protective measures which it seized `. It defines the conditions and modalities `Such authorization may be revoked and such con` changed by the Council. conditions and modalities Article III-202 (ex Article 120 TEC) 1. Where a sudden crisis in the balance of payments occurs and is not immediately a European decision referred to in Article III-201, pa` adotragrafo 2, a Member State with derogation can tare, as a precaution, the necessary protective measures. Such measures must cause the least disturbance to the functioning of the internal market and do not go beyond what is strictly in` sudden madispensabile to remedy the difficulties nifestatesi. 2. The Commission and the other Member States shall be informed of the protective measures referred to `latest upon entry into viparagrafo 1 to recommend that the Council most in gore. The Commission can mutual assistance in accordance with Article III201. 3. The Council, on a recommendation from the Commission and after consulting the Committee econo` adopt a European decision statement and financial, can stipulating that the Member State concerned shall amend, suspend or abolish the protective measures referred to in paragraph 1.
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CHAPTER III POLICIES IN OTHER AREAS SECTION 1 EMPLOYMENT Article III - 203 ( ex Article 125 TEC) The Union and the Member States, in accordance with this Section, work towards developing a coordinated strategy for employment, and in particular to for promoting a skilled, trained and adaptable workforce and labor markets responsive to economic change with a view to achieving the objectives set out in Article I- 3. Article III - 204 ( ex Article 126 TEC) 1. Member States, through policies on employment, contribute to achieving the objectives of Article III - 203 in a way consistent with the broad guidelines for the economic policies of Member States and the Union adopted pursuant to Article III - 179, paragraph 2. 2. Member States, taking account of the practices na` social partners tions regarding responsibility
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shall regard promoting employment as a matter of common concern and coordinate them within the Council activities in this area, in accordance with Article III-206. Article III-205 (ex Article 127 TEC) 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, respect the competences of Member States. 2. In defining and implementing the policies and actions of the Union takes into account the objective of a high level of employment. Article III-206 (ex Article 128 TEC) 1. On the basis of a joint annual report by the Council and the Commission, the European Council shall each year consider the employment situation in the Union and adopt conclusions thereon. 2. Based on the conclusions of the European Council, the Council, on a proposal from the Commission, shall each year adopt guidelines to be taken into account by Member States in their policies on employment. It shall act after consulting the European Parliament, the Committee of the Regions, the Economic and Social Committee and the Employment Committee.
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These guidelines are consistent with the broad guidelines adopted pursuant to Article III-179, paragraph 2. 3. Each Member State shall provide the Council and the Commission an annual report on the principal measures taken to implement its policy employment, in the light of the guidelines for employment as referred to in paragraph 2. 4. The Council, on the basis of the reports referred to in paragraph 3 and the views of the Employment Committee, shall each year carry out an examination of the policies Member States in employment in the light of the guidelines for employment. The Council, on a recommendation from the Commission, `adopt recommendations that may address to Member States. 5. Based on the results of that examination, the Council and the Commission shall forward to the European Council a joint annual report on the employment situation in the Union and the implementation of the guidelines for employment. Article III-207 (ex Article 129 TEC) `establish laws or framework law may 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
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evaluating experiences, in particular me` it adopted after means of the use of pilot projects. And consulting the Committee of the Regions and the Economic and Social Committee. European laws or framework laws shall not include harmonization of the laws and regulations of the Member States. Article III-208 (ex Article 130 TEC) The Council shall adopt by a simple majority a European decision establishing an Employment Committee with advisory status to promote coordination between Member States with regard to policies on employment and the labor market. It shall act after consulting the European Parliament. `Committed to: The Committee and) monitor the employment situation and policies in employment in the Union and in the United States; b) without prejudice to Article III-344, to formulate opinions at the request of the Council or the Commission or on its own initiative, and assist in preparing the work of the Council under Article III-206. In fulfilling its mandate, the Committee shall consult the social partners. Each Member State and the Commission shall appoint two members of the Committee.
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SECTION 2 SOCIAL POLICY Article III-209 (ex Article 136 TEC) The Union and its Member States, having in mind fundamental social rights such as those set in the European Social Charter signed at Turin on 18 October 1961 and the Community Charter of Social Rights fundamental workers in 1989, have as their objectives the promotion of employment, improvement of living and working, allowing their upward alignment, proper social protection, social dialogue, development of human resources to enable high employment and sustainable and the fight against exclusion. To this end, the Union and its Member States shall act teas national practices, in particular taking into account the diversity 'in contractual relations, and the need `to maintain the competitiveness of the EU economy. `They both believe that such a development will result from` functioning of the internal market, which will favor the harmonization of social systems, but also from the procedures provided for in the Constitution and from the approximation of laws, regulations and administrative provisions of the Member States.
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Article III-210 (ex Article 137 TEC) 1. To achieve the objectives of Article III-209, the Union shall support and complement the activities of Member States in the following fields: a) improvement in particular of working to protect the health and safety of workers, b) working conditions, c) social security and social protection of workers, d) the protection of workers in the event of termination of the employment contract, e) information and consultation of workers f) representation and collective defense 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 the territory of the Union, h) the integration of people excluded from the labor market, without prejudice to Article III-283, `between women and men in the)` equality in the labor market and the treatment the opportunities at work, j) the fight against social exclusion, k ) the modernization of social protection systems, without prejudice to point c). 2. For the purposes of paragraph 1:
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`Establish a) the law or framework law may 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 harmonization of the laws and regulations of the Member States; b) in the fields referred to in paragraph 1, letters from a) to `set requirements i), European framework laws may minimum gradual implementation, having regard to the conditions and technical rules obtaining in each Member State. It avoids imposing administrative, financial and legal constraints which would hold back the creation and development of small and medium-sized enterprises. `In all cases, the law or framework law and adopted after consulting the Committee of the Regions and the Economic and Social Committee. 3. Notwithstanding paragraph 2, in the areas referred to in paragraph 1, letter c), d), f) and g) the law or framework law 'adopted by the Council acting all'unanieuropea `and, after consulting the European Parliament, mita of the Committee of the Regions and the Economic and Social Committee. `Adopt, on a proposal from the Council can COMIL mission, a European decision making the ordinary legislative procedure applicable to paragraph 1,` prior letters d), f) and g). It shall act unanimously consulting the European Parliament.
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`Entrust management and so4. A Member State may cial, at their joint request, with the task of implementing the framework laws adopted pursuant to paragraphs 2 and 3, or, where appropriate, the European regulations or decisions adopted pursuant to Article III-212. `Later date in which case it shall ensure that, the more that the European framework law must be transposed, and the date on which the European regulation or a European decision to be implemented, the social partners have established by agreement the necessary provisions, provided that the Member State concerned must take the necessary measures that will enable them to guarantee at any time the results imposed by that framework law, regulation or decision. 5. The laws and framework laws adopted pursuant to this article: `recognized a) shall not affect the faculty for Member States to define the fundamental principles of the social security system and must not significantly affect the financial balance of the same, b) shall not prevent a Member State from maintaining or introducing more stringent measures compatible with the Constitution, providing for greater protection. 6. This Article shall not apply to pay, the right of association, the right to strike, 'the right to impose lockouts. of it
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Article III-211 (ex Article 138 TEC) 1. The Commission shall promote 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. For the purposes of paragraph 1, the Commission, before submitting proposals in the social policy field, consult the social partners on the possible direction of Union action. 3. If, after the consultation referred to in paragraph 2, considers Union action desirable, it shall consult management and labor on the content of the envisaged proposal. And labor shall forward to the Commission an opinion or, where appropriate, a recommendation. 4. On the occasion of the consultation referred to in paragraphs 2 and 3, management and labor may inform the Commission of their wish to initiate the process provided for in Article III-212, paragraph 1. The duration of this process shall not exceed nine months, unless otherwise decided in Common labor concerned and the Commission. Article III-212 (ex Article 139 TEC) 1. The dialogue between the social partners at the level of `lead, if they so desire, in Reunion can lations contract, including agreements. 2. Agreements concluded at Union level shall be implemented in accordance with the procedures and practices specific to the social partners and Member States or, in the context of the sector
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bulls by Article III - 210, at the joint request of the signatory parties, according to European regulations and decisions adopted by the Council on a proposal from the ` informed. Commission. The European Parliament and ' the agreement in question contains one or more ` ` Where provisions relating to one of the areas for which ri` and in accordance with Article III - 210, the parachiesta ` unanimity. paragraph 3, the Council shall act unanimously Article III - 213 ( ex Article 140 TEC) 24 to achieve the objectives set out in Article III - 209 and without prejudice to other provisions of the Constitution, the Commission shall encourage cooperation between Member States and facilitate the coordination of their action in all social policy fields under this Section, particularly in matters relating to: a) employment ;
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Declaration on Article III - 213: " The Conference confirms that the policies described in Article III - 213 fall essentially within the competence of the Member States. The measures of encouragement and promote coordination to be taken at EU level in accordance with the provisions of that Article complementary nature. they shall serve to strengthen cooperation between Member States and not to harmonize national systems. they do not affect the guarantees and practices existing in each of the ` social partners. member State in respect of liability this Declaration is without prejudice to the provisions of the Constitution conferring competence on the Union, including in social matters. "
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b) labor law and working conditions; c) basic and advanced vocational training; d) social security; e) the prevention of occupational accidents and occupational diseases; f) occupational hygiene; g) the right of association and collective bargaining between employers and workers. To this end, the Commission works closely 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 organizations, in particular initiatives aiming at the establishment of guidelines and indicators, organization of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. `Parliament fully informed. European and Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee. Article III-214 (ex Article 141 TEC) 25 1. Each Member State shall ensure the applica` pay of the principle of equality
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See also the Protocol set out on p. 485.
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women and men for the same work or work of equal value. 2. For the purposes of this Article, "pay" means the ordinary basic wage or salary or a minimum and all other benefits paid directly or indirectly, in cash or in kind, by the employer to the worker by reason of of the latter. `Pay without discrimination The equality based on sex means: a) that pay for the same work at piece rates shall be based on the same` measurement, combined b) that pay for work at time is the same for the same job. 3. European laws or framework laws shall establish measures to ensure the application of the principle of `` equality and the treatment of women and men equal opportunities in employment and occupation, including `pay for equal lail principle of equality `adopted after voro or for work of equal value. And consulting the Economic and Social. 4. In order to ensure the effective and full `men and women in working life, the principarita` treatment does not prevent a state of equality pious member maintaining or adopting measures providing for specific advantages to facilitate the exercise of un'atti` profession by the underrepresented sex life
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or to prevent or compensate for disadvantages in professional careers. Article III-215 (ex Article 142 TEC) Member States shall endeavor to maintain the existing equivalence between paid holiday schemes. Article III-216 (ex Article 143 TEC) The Commission shall prepare a report each year on progress in achieving the objectives of Article III-209, including the demographic situation in the Union. Forward the report to the European Parliament, the Council and the Economic and Social Committee. Article III-217 (ex Article 144 TEC) The Council shall, by a simple majority, 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 shall act after consulting the European Parliament. `Charge: The Committee and) to monitor the social situation and the development of social protection policies in the Member States and the Union;
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b) to promote exchanges of information, experience and good practice between Member States and with the Commission; c) without prejudice to Article III-344, to prepare re` lations, formulate opinions or undertake other activities in the scope of its powers, at the request of the Council 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-218 (ex Article 145 TEC) The Commission shall include in its annual report to the European Parliament, a special chapter on social developments within the Union. `CommisIl European Parliament may invite the mission to draw up reports on any particular problems concerning social conditions. Article III-219 (ex Articles 146, 147 and 148 TEC) `employment 1. In order to improve the chances of workers within the internal market and con` to raising the standard of living, and contribute so` set up a European Social Fund which aims to promote `` the possibilities within the geographical and professiodi tional employment and mobility of workers and to facilitate adaptation to
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trasformazioni industriali e ai cambiamenti dei sistemi di produzione, in particolare attraverso la formazione e la riconversione professionale. 2. La Commissione amministra il Fondo. In tale ` assistita da un comitato, presieduto da un compito e membro della Commissione e composto da rappresentanti degli Stati membri e delle organizzazioni sindacali dei lavoratori e dei datori di lavoro. 3. La legge europea stabilisce le misure di applica` adottata previa consultazione zione relative al Fondo. E del Comitato delle regioni e del Comitato economico e sociale.
SEZIONE 3 COESIONE ECONOMICA, SOCIALE E TERRITORIALE Articolo III-220 (ex articolo 158 TCE) 26 Per promuovere uno sviluppo armonioso dell'insieme dell'Unione, questa sviluppa e prosegue la propria azione intesa a realizzare il rafforzamento della coesione economica, sociale e territoriale.
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Declaration on Article III - 220: " The Conference considers that the reference to island regions in Article III - 220 can include island States in their entirety, provided that they meet the necessary criteria ."
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In particular, the Union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favored regions. Among the regions concerned, attention partico` thereof and paid to rural areas, areas affected by industrial transition, and areas which suffer from severe and permanent natural or demographic handicaps, such as `de` northern regions with very low density population size and most regions island, border and mountain areas. Article III-221 (ex Article 159 TEC) Member States shall conduct their economic policies and shall coordinate them in order to achieve the objectives of Article III-220. The formulation and implementation of policies and actions of the Union and the implementation of the internal market shall take into account those objectives and contribute to their achievement. The Union supports this realization also `with the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund," orientation ", the European Social Fund, European Regional Development Fund), the European Investment Bank investments and other financial instruments. The Commission shall submit a report to the European Parliament, the Council, the Committee of the Regions and the Economic and Social Committee a report on the progress made towards achieving economic, social and territorial cohesion and on the way
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various means provided for in this Article have `accompanied, where appropriate, contributed. This report and appropriate proposals. `Establish Quala law or framework law may lunque specific measure outside the Funds, without prejudice to the measures taken under the other policies del` adopted after consultation of the European Union. And of the Regions and the Economic and Social Committee. Article III-222 (ex Article 160 TEC) `destiIl European Regional Development Fund and born to help to redress the main regional imbalances in the Union through participation in the development and structural adjustment of regions lagging behind in development and conversion of declining industrial regions. Article III-223 (ex Article 161 TEC) 1. Without prejudice to Article III-224, European laws shall define the tasks, priority objectives and the structural or`, the organization that funds for purposes `involve grouping the funds, can 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. `Established by law euroUn Cohesion Fund and Union for providing financial contribution to projects
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on the environment and trans-European transport infrastructure. Adopted after ` In all cases, the European law and consulting the Committee of the Regions and the Economic and Social Committee. ` 2. The first provisions on the Structural Funds and the Cohesion Fund to be adopted following those in force on the date of signature of the Treaty establishing a Constitution for Europe are established by a European law of the Council. The Council ` after approval by the European Parliament unanimously Parladelibera.
Article III - 224 ( ex Article 162 TEC ) European laws shall establish implementing measures relating to the European Development Fund regio` adopted after consulting the Committee nal. And of the Regions and the Economic and Social Committee. As regards the European Agricultural Guidance and Guarantee Fund, " orientation ", and the European Social Fund are applicable, respectively, to Article III - 231 and Article III - 219, paragraph 3 .
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SECTION 4 AGRICULTURE AND FISHERIES Article III-225 (ex Article 32, paragraph 1, second sentence, TEC) The Union shall define and implement a common agriculture and fisheries. "Agricultural products" means the products of the soil, livestock and 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, taking into account the specific characteristics of this sector. Article III-226 (ex Article 32, paragraph 1, first sentence, and paragraphs 2, 3 and 4 TEC) 1. The internal market shall extend to agriculture and trade in agricultural products. 2. Except as otherwise provided in Articles III-232 to III227, the rules for the establishment and functioning of the internal market shall apply to agricultural products. 3. The products listed in Annex I shall be subject to Articles III-227 to III-232.
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4. The operation and development of the internal market for agricultural products must be accompanied by a common agricultural policy. Article III-227 (ex Article 33 TEC) `the common agricultural policy 1. The purposes are:` agriculture, a) to increase productivity by promoting technical progress and ensuring the rational development of agricultural production and the optimum utilization of the factors production, in particular labor, `a fair standard of living to the pob) thus to ensure population agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture, c) to stabilize markets, d) ensure the safety of procurement, e) to ensure reasonable prices for supplies to consumers. 2. In working out the agricultural policy Co` imply, common and special methods can be deemed `farm a) the particular nature of that comes from the social structure of agriculture and from structural and natural` between different regions agridisparita cole,
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`To effect the opb) requires the adaptations necessary, c) the fact that in the Member States agriculture constitutes a sector closely linked with the economy. Article III-228 (ex Article 34 TEC) 1. In order to attain the objectives set all'arti` a common organization of Article III-227 and agricultural markets. Depending on the products, the organization shall take one of the forms specified below: a) common rules on competition, b) compulsory coordination of the various national market, c) a European market. 2. The common organization in one of the forms in` include all measures dicate to in paragraph 1 may required to attain the objectives of Article III-227, in particular regulation of prices, aids for the production and marketing of the various products, systems for stockpiling and carryover arrangements and common machinery for stabilizing imports or exports. It shall be limited to pursuit of the objectives of Article III-227 and shall exclude any discrimination between producers or consumers within the Union.
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Any common price policy must be based on common criteria and uniform methods of calculation. 3. To enable the common organization referred to in paragraph 1 to attain its objectives, will `Funds agricultural guidance be created one or more and warranty. Article III-229 (ex Article 35 TEC) To enable the objectives to be `in particular Article III-227, where provided for under the common agricultural policy: a) an effective coordination of efforts in the fields of training education, research and 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-230 (ex Article 36 TEC) 1. The Section relating to rules of competition `applicable to production of and trade in agricultural products and only to the extent determined by the law or framework law in accordance with Article III-231, paragraph 2 , taking into account the objectives of Article III-227.
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2. The Council, on a proposal from the Commission, `to adopt a European regulation or a European decision that may authorize the granting of aid: a) for the protection of enterprises handicapped by structural or natural conditions, b) within the framework of economic development programs. Article III-231 (ex Article 37 TEC) 1. The Commission shall submit proposals for working out and implementing the common agricultural policy, including the replacement of the national organizations by one of the forms of common organization provided for in Article III 228, paragraph 1, as well as the implementation of the measures provided for in this section. These proposals shall take account of the interdependence of the agricultural matters referred to in this section. 2. European laws or framework laws shall establish the common organization of the market provided for in Article III-228, paragraph 1 and the other provisions necessary for the pursuit of the objectives of the policy adopted `common agriculture and fisheries. It and after consulting the Economic and Social Committee. 3. The Council, on a proposal from the Commission, shall adopt the European regulations or decisions on fixing prices, levies, aid and limited
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tions quantitative and the fixing and allocation of fishing '. 4. The possibility common organization provided for in Article `to be replaced organizzaIII-228, paragraph 1 may tions national market, as provided for in paragraph 2: a) when the common organization offers Member States which are opposed to this measure and have themselves a national organization for the production in question equivalent safeguards for the employment and standard of living of the producers concerned, account being taken of the adjustments possible and the specialization required, b) such an organization ensures conditions for trade within the Union similar to those existing in a national market. 5. If a common organization is created for certain raw materials that common organization exists for the corresponding processed products, such raw materials as are used for processed products intended for export to third countries, They may be imported from outside the Union. Article III-232 (ex Article 38 TEC) `diQuando in a Member State a product and sciplinato to a national market organization or to internal rules having equivalent effect which affect the position
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tion competitive position of similar production in another Member State, Member States shall apply to the product in question from the Member State where there is an organization or rules above a countervailing charge at the entrance, unless that State applies a fee compensation export. The Commission shall adopt European regulations or decisions fixing the amount of these charges at mi` sura required to redress the balance. It may also authorize other measures `. which determines the conditions and modalities
SECTION 5 ENVIRONMENT Article III - 233 ( ex Article 174 TEC) 1. Union policy on the environment helps to pursue the following objectives: a) preserving, protecting and improving the environment ' ; Quality b ) protecting human health ; c ) prudent and rational utilization of natural resources ; d ) promotion at international level, of measures designed to solve environmental problems on a regional or global .
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2. Union policy on the environment shall aim at a high level of protection taking into account the situations in the various regions of the `` dell'Udiversita founded on the principles of precaution and Union. It and preventive action, the principle of rectification, as a priority at source, environmental damage and on the "polluter pays". In this context, harmonization measures answering environmental protection requirements shall include, where appropriate, a safeguard clause authorizing the Member States to take, for environmental reasons, not economic, provisional provisions subject to a control procedure Union. 3. In preparing its policy on the environment, the Union shall take into account: a) the scientific and technical data available; b) environmental conditions in the various regions of the Union; c) the benefits and costs that may arise or lack of action; d) socio-economic development of the Union as a whole and the balanced development of its regions. 4. Within their respective powers, the Union and the Member States cooperate with third countries and relevant international organizations. Moda` of the Union cooperation may be the subject of agreements between the litas and the third parties concerned.
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The first subparagraph shall not affect the competence of Member States to negotiate in international bodies and conclude international agreements. Article III-234 (ex Articles 175 and 176 TEC) 1. European laws or framework laws shall establish what action is to be taken to achieve the objectives adopted after `Article III-233. She and the consultation of the Committee of the Regions and the Economic and Social Committee. 2. Notwithstanding paragraph 1 and subject to Article `laws or III-172, the Council shall adopt unanimously framework establishing: a) provisions 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 dispo` thereof; ity iii) land use, with the exception of waste management; c) measures significantly affecting the choice of a Member State between different energy sources and the general structure of its energy supply. `The Council, on a proposal from the Commission, may` a European decision unanimously renadottare
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Dere ordinary legislative procedure applicable to the matters referred to in the first paragraph. In any case, the Council shall act after consulting the European Parliament, the Committee of the Regions and the Economic and Social Committee. 3. European laws shall establish general action programs which set out priority objectives to be adopted after consulting the Committee raggiun` gere. And of the Regions and the Economic and Social Committee. The measures necessary for the implementation of these programs shall be adopted in accordance with the conditions set out in paragraph 1 or 2, as appropriate. 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 "polluter pays", if a measure based on paragraph 1 involves costs ri` a required disproportionate for the public authorities Member State, such measure shall provide in appropriate form for: a) temporary derogations, and / or b) a financial support from the Cohesion Fund. `Of pre6 or so. The protection measures adopted by virtue this Article shall not prevent any Member State from maintaining or introducing measures for even greater protection. Such measures must be compatible with the Constitution. They shall be notified to the Commission.
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SECTION 6 CONSUMER PROTECTION Article III-235 (ex Article 153 TEC) 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 and to promote their right to information, education and organization to safeguard their interests. 2. The Union shall contribute to achieving the objectives set out in paragraph 1 through: a) measures adopted pursuant to Article III-172 in the context of the establishment and functioning of the internal market, b) measures which support, supplement and to monitor the policy pursued by the Member States. 3. European laws or framework laws shall establish the `adopted premisure referred to in paragraph 2, letter b). And consulting the Economic and Social Committee. 4. Acts adopted pursuant to paragraph 3 shall not prevent any Member State from maintaining or in` strict. These ditrodurre protection provisions more provisions must be compatible with the Constitution. They shall be notified to the Commission.
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SECTION 7 TRANSPORT Article III-236 (ex Articles 70 and 71 TEC) 1. The objectives of the Constitution shall be pursued, as regards the field covered by this section, within the framework of a common transport policy. 2. European laws or framework laws shall implement paragraph 1, taking into account the distinctive features of tra` adopted after consulting the Committee of the jetties. And of the Regions and the Economic and Social Committee. European laws or framework laws shall establish: a) common rules applicable to international transport to or from the territory of a Member State or going to or passing on the territory of a Member States'; or more b) the conditions under which non-resident carriers to operate transport services within a Member State; c) measures to improve transport safety; d) any other appropriate measure. 3. When the law or framework law referred to in paragraph 2, account shall be taken of cases where their application might seriously affect the standard of living and employment in certain re-
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regions, and the operation of transport facilities. Article III-237 (ex Article 72 TEC) Until it is adopted the law or framework law referred to in Article III-236, paragraph 2 and para` unless the Council unanimously adopts a European decision granting a Notwithstanding, nes` make less favorable, suno Member State may, in the direct or indirect effect on carriers of other Member States in relation to national carriers, the various provisions governing the subject on 1 January 1958 or, for acceding States, the date accession. Article III-238 (ex Article 73 TEC) are compatible with the Constitution of the coordination of aid `trarichiesti from extruded needs or if they represent reimbursement of certain` inherent in the concept of public service. servants Article III-239 (ex Article 74 TEC) Any measures concerning prices and conditions of transport, adopted under the Constitution, must take into account the economic situation of carriers.
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Article III-240 (ex Article 75 TEC) 1. In transport within the Union are prohibited discrimination which takes the part of carriers charging different rates and conditions of transport for the same goods over the same relations Traffic on grounds of the Member State of origin or destination of the goods. 2. Paragraph 1 shall not prevent other laws or framework laws may be adopted pursuant to Article III-236, paragraph 2. 3. The Council, on a proposal from the Commission, shall adopt European regulations and decisions aimed at ensuring the implementation of paragraph 1. It shall act after consulting the European Parliament and the Economic and Social Committee. `In particular adopt the European regulations and decisions can deEsso needed to enable the institutions to secure compliance with the rule set out in paragraph 1 and to ensure the full benefit to users. 4. The Commission, on its own initiative or at the request of a Member State, investigate any cases of discrimination falling within paragraph 1 and, after consulting any Member State concerned shall, within the framework of European regulations and decisions referred to in paragraph 3, the necessary European decisions.
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Article III-241 (ex Article 76 TEC) `prohibited in a Member State of im1. And ask to transport within the Union, of rates and conditions involving any element of support or protection nel` companies or industries particol'interesse of one or more lari, unless its application is authorized by a decision European Commission. 2. The Commission, on its own initiative or at the request of a Member State, examine the rates and conditions referred to in paragraph 1, taking account in particular, on the one hand, the needs of a regional economic policy 'of underdeveloped areas and adequate to requires the problems of areas seriously affected by political circumstances, on the other hand, the effects of such rates and conditions on competition between modes of transport. After consulting each Member State concerned, the Commission shall adopt the necessary European decisions. 3. The prohibition referred to in paragraph 1 shall not apply to competitive tariffs. Article III-242 (ex Article 77 TEC) The fees or dues, regardless of the price of transport, are charged by a carrier at frontier crossings shall not exceed a level
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reasonable having regard to the costs actually incurred thereby into account. Member States shall endeavor to reduce these costs. ` The Commission may make recommendations to Member States for the application of this article. Article III - 243 ( ex Article 78 TEC) 27 The provisions of this section shall not preclude measures taken in the Federal Republic of Germany, provided that such measures are necessary to compensate for the economic disadvantages caused by the division of Germany to the economy of certain regions of the Federal Republic affected by that division. Five years after the entry into force of the Treaty establishing a Constitution for Europe, the Council, on a proposal from the Commis` adopt a European decision repealing sion, may this article .
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Dichiarazione relativa all'articolo III-243: "La Conferenza constata che le disposizioni dell'articolo III-243 si applicano conformemente all'attuale prassi. I termini "misure (...) necessarie a compensare gli svantaggi economici cagionati dalla divisione della Germania all'economia di talune regioni della Repubblica federale che risentono di tale divisione" sono interpretati conformemente alla giurisprudenza esistente della Corte ` europee e del Tribunale di primo di giustizia delle Comunita grado".
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Article III - 244 ( ex Article 79 TEC) ` A Committee at the Commission and an advisory nature composed of experts designated by the governments of the Member States. The Commission consults in the field of transport, whenever it sees fit. Article III - 245 ( ex Article 80 TEC) 1. This Section shall apply to transport by rail, road and inland waterway. ` Establish 2. The law or framework law may appropriate measures for sea and air transport. ` Adopted after consulting the Committee of the Regions and REE of the Economic and Social.
SECTION 8 TRANS-EUROPEAN NETWORKS Article III - 246 ( ex Article 154 TEC) 1. To help achieve the objectives set out in Articles III - 130 and III - 220 and to enable citizens of the Union, economic operators and regional and local ` benefit piealle collectivity nally the advantages deriving from an area without internal frontiers, the Union shall contribute
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the establishment and development of trans-European transport infrastructure, telecommunications and energy. 2. Within the framework of a system of open and competitive markets, the Union shall aim at promoting the inter` of national networks and access and interoperability as access to such networks. It shall take particular account of ne` to link the central regions of the Union quire island, landlocked and peripheral. Article III-247 (ex Article 155 TEC) 1. To achieve the objectives of Article III-246, the Union: a) establishes a set of guidelines that is the broad lines covering the objectives, the priorities of the actions envisaged in the sphere of trans-European networks; these guidelines shall identify projects of common interest; b) take any measures that may prove necessa` networks, in particoria to ensure interoperability thereof in the field of technical standardization; `Support projects of common interest c) can supported by Member States, as identified in the guidelines referred to in subparagraph a), in particular ', loan guarantees or abmediante feasibility studies altresi` `contribute to fibuoni of interest; the Union may financing in the United States through the Fund
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cohesion, specific projects in the field of transport infrastructure.
The Union shall take account of the potential ` economic projects. 2. The validity of the law or framework law shall establish the guidelines and other measures referred to in paragraph 1. ` adopted after consulting the Committee of the Regions and the European Commission and the Economic and Social. 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 coordinate among themselves in liaison with the Commission, the policies pursued at national level which may have a significant impact on achieving the objectives of Article III - 246. ` Take, in close collaboraLa Commission can with the Member States, take any useful initiative to promote such coordination. ` Cooperate with third countries 4. The Union may promote projects of mutual interest and to ensure ` networks. interoperability
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SECTION 9 RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE Article III-248 (ex Article 163 TEC) 28 1. The Union shall aim to strengthen its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encourage it to become more `, including in its industry, competitiveness and promote research activities deemed necessary by virtue of other Chapters of the Constitution. 2. For the purposes of paragraph 1, it encourages the whole of the business, including small and medium-sized enterprises in their `, research centers and universities'. research efforts and technological development of high quality It shall support their efforts to cooperate, aiming, notably, at permitting researchers to cooperate freely across borders and undertakings to exploit the little bit of the internal market due, in particular, the opening altenzialita of national public contracts, to the definition ----------------
28 Declaration on Article III-248: "The Conference agrees that the Union's action in the field of research orientae` due account of technological development and land minds of his key policies in the field of research of the Member States ".
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tion of common standards and the removal of legal and fiscal obstacles to that cooperation. 3. All the Union in the field of research and technological development, including demonstration projects, are decided on and implemented in accordance with this section. Article III-249 (ex Article 164 TEC) In pursuing the objectives of Article III-248, the Union shall carry out the following activities, complementing the activities carried by the Member States: a) implementation of research, technological development and demonstration, by promoting cooperation with and between undertakings, research centers and univer`, located b) promotion of cooperation in research, technological development and demonstration with third countries and international organizations, c) distribution and optimization of the results of the `for research, technological development and diattivita onstration Union,` rid of) stimulation of the training and mobility seekers Union. Article III-250 (ex Article 165 TEC) 1. The Union and its Member States shall coordinate their action in the field of research and technological development
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game to ensure the mutual consistency of national policies and Union policy. 2. The Commission, in close collaboration with `take any useful initiative to the Member States, can promote the coordination referred to in paragraph 1, in particular initiatives aiming at the establishment of guidelines and indicators, organization of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The Par` fully informed. European Parliament and Article III-251 (ex Article 166 TEC) 1. European laws shall establish a multiannual framework program setting out all the `adopted after conazioni funded. And consulting the Economic and Social Committee. The framework program shall: a) establish the scientific and technological objectives to be achieved by the activities provided for in Article III`; 249 and its priority b) indicate the broad lines of such activities; c) establishes the maximum overall amount and the mo` the Union's financial participation Dalita framework program and the respective shares in each of the measures. 2. The framework program shall be adapted or supplemented as the situation changes.
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3. A European law of the Council shall establish specific programs to implement the multiannual framework program within each activity. `RealizOgni of specific program defines the mode of organization it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programs, not `exceed the overall maximum amount fixed for the framework can program and each activity. `That law shall be adopted after consulting the European Parliament and and of the Economic and Social Committee. 4. In addition to the activities planned in the multiannual framework program, the law shall establish the measures necessary for the implementation of a European `adopted after consultation of the research. It and Economic and Social Committee. Article III-252 (ex Articles 167, 168, 169, 170 and 172, second paragraph TEC) 1. For the implementation of the multiannual framework program, European laws or framework laws shall establish: a) the rules for the participation of undertakings, `; research centers and universities b) the rules governing the dissemination of research results. `Adopted laws or framework law and after consulting the Economic and Social Committee.
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2. In implementing the framework program `establish multi-year program, the European law may complementary to which only some Member States which shall finance them subject to possible Union participation. The law shall determine the rules applicable to supplementary programs, particularly as regards the dissemination of knowledge and access by other Member `adopted after consultation of the Committee members. And economic and social, and with the agreement of the Member States concerned. 3. In implementing the Framework Programme plurien` provision, in agreement with the nal, European laws may Member States concerned, for participation in programs `Member States, old fashioned research and development programs undertaken by more taken participation in the structures created for the 'execution of those programs. `The law adopted after consultation of the European Economic and Social Committee. 4. In implementing the Framework Programme plurien` provision for cooperation in that manual, the Union can tery of research, technological development and demonstration with third countries or international organizations. `Such cooperation may Forle mode subject of agreements between the Union and third parties.
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Article III - 253 ( ex Articles 171 and 172, first paragraph TEC) The Council, on a proposal from the Commission, ` adopt European regulations and decisions can direct to set up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration. It shall act after consulting the European Parliament and the Economic and Social Committee.
Article III - 254 ( new) 1. To promote scientific and technical progress, ` and the implementation of its industrial competitiveness policy, the Union shall draw up a space policy eu` promote joint initiatives, Union. To this end can support research and technological development and coordinate the efforts needed for the exploration and exploitation of space. 2. To contribute to attaining the objectives of paragraph 1 the law or framework law shall establish the necessary measures, which may take the form of a European space program. 3. The Union shall establish any appropriate relations with the European Space Agency .
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Article III - 255 ( ex Article 173 TEC) At the beginning of each year the Commission shall submit a report to the European Parliament and the Council. The report shall include information on atti` carried on research, development tecnolovita game and dissemination of results during the previous year and the work program for the current year.
SECTION 10 ENERGY Article III - 256 ( new) 29 1. As part of the establishment and functioning of the internal market and taking into account the need to preserve and improve the environment, ` INLA Union policy on energy and aims to: a) ensure the functioning of the energy market,
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29 Declaration on Article III - 256: " The Conference believes that Article III - 256 does not affect the right of Member States to take the necessary measures to ensure their energy supply under the conditions provided for in Article III - 131 ."
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b ) ensure security of energy supply in c ) to promote energy conservation, energy efficiency and the development of new and renewable energies.
2. Subject to the other provisions of the Constitution, the law or framework law shall establish the measures necessary to achieve the objectives referred to pa` adopted after consultation of Coragrafo 1. It and Committee of the Regions and the Economic and Social Committee. European laws or framework laws shall not affect the right of a Member State to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article III - 234, paragraph 2, letter c ). 3. Notwithstanding paragraph 2, a law or framework law of the Council shall establish the measures referred to therein when they are primarily of a fiscal nature. ` The Council shall act unanimously after consulting the European Parliament .
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CHAPTER IV ', SECURITY AND JUSTICE AREA OF FREEDOM SECTION 1 GENERAL PROVISIONS Article III-257 (ex Article 29 TEU and 61 TEC) `sicu1. The Union shall constitute an area of ??freedom rity and justice with respect for fundamental rights' of the different legal systems and traditions of the Member States as well. 2. It ensures that there are no checks on persons at internal borders and a common policy on asylum, immigration and control of external borders' between States, founded on solidarity States and fairness towards third-country nationals. For the purposes of this chapter, stateless persons shall be treated as third-country nationals. 3. The Union shall endeavor to ensure a high level of security through measures to prevent and `racism and xenofocontrasto of crime bia, through measures for coordination and cooperation` `judicial and other authorities and police authorities' by recognizing recicompetenti well as nition of judgments in criminal matters and, if necessary, the approximation of criminal laws.
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4. L'Unione facilita l'accesso alla giustizia, in particolare attraverso il principio di riconoscimento reciproco delle decisioni giudiziarie ed extragiudiziali in materia civile. Articolo III-258 (nuovo) Il Consiglio europeo definisce gli orientamenti strategici della programmazione legislativa e opera` , sicurezza e giustizia. tiva nello spazio di liberta Articolo III-259 Per quanto riguarda le proposte e le iniziative legislative presentate nel quadro delle sezioni 4 e 5, i parlamenti nazionali vigilano sul rispetto del ` conformemente al protoprincipio di sussidiarieta ` collo sull'applicazione dei principi di sussidiarieta ` *. e di proporzionalita Articolo III-260 Fatti salvi gli articoli da III-360 a III-362, il ` adotConsiglio, su proposta della Commissione, puo tare regolamenti o decisioni europei che definiscono ` secondo le quali gli Stati membri, in colle modalita laborazione con la Commissione, procedono a una valutazione oggettiva e imparziale dell'attuazione, ` degli Stati membri, delle polida parte delle autorita
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` Refer to page. 469. * The text of the Protocol in question and
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Union policies referred to in this Chapter, in particular in order to facilitate full application of the principle of mutual recognition. The European Parliament and national Parliaments shall be informed of the content and results of this assessment. Article III-261 (ex Article 36 TEU) `established by the Council a permanent committee pears to ensure within the Union to promote and strengthen operational cooperation on internal security. Without prejudice to Article III-344, it shall facilitate coordination of the action of `State competent authority members. Media representatives and agencies concerned may be involved in its work. The European Parliament and national parliaments are kept informed of the proceedings. Article III-262 (ex Article 33 TEU and Article 64, paragraph 1 TEC) This Chapter shall not affect the exercise of re` incumbent upon Member States for RESPONSIBILITIES ENTAILED maintaining law and order and safeguarding internal security. Article III-263 (ex Article 66 TEC) The Council shall adopt European regulations to ensure administrative cooperation between the
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competent authorities of Member States in the areas covered by this Chapter and between those departments and the Commission. It shall act on a Commission proposal, subject to Article III - 264, and after consulting the European Parliament. Article III - 264 The acts referred to in Sections 4 and 5, together with the European regulations referred to in Article III - 263 which ensure administrative cooperation in the areas covered by these Sections, shall be adopted: a) on a proposal from the Commission, or b ) on initiative of a quarter of the Member States.
SECTION 2 POLICIES ON BORDER CHECKS, ASYLUM AND IMMIGRATION Article III - 265 ( ex Article 62 TEC) 1. The Union shall develop a policy aimed at: a ) ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders ;
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b) carrying out checks on persons and efficient monitoring of the external borders; c) the gradual introduction of an integrated management of external borders. 2. For the purposes of paragraph 1, European laws or framework laws shall establish measures concerning: a) the common policy on visas and other short-term residence permits; b) the checks to which they are subjected persons crossing the external borders; c) the conditions under which nationals of third countries may move freely within the Union for a short period; d) any measure necessary for the gradual establishment of an integrated management of external borders; e) the absence of 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.
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Article III-266 (ex Article 63, paragraphs 1 and 2 and article 64, paragraph 2 TEC) 1. The Union shall develop a common policy on asylum, subsidiary protection and temporary protection with a view to offering appropriate status to any national of a third country 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 the purposes of paragraph 1, European laws or framework laws shall establish the 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 granting and withdrawing of uniform status of asylum or subsidiary protection; e) criteria and mechanisms for determining the Member State responsible for examining an application for asylum or subsidiary protection;
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f ) standards concerning the conditions of reception of applicants for asylum or subsidiary protection ; g ) partnership and cooperation with third countries to manage inflows of people applying for asylum or subsidiary or temporary protection. ` Member States should affron3. Should one or more tare an emergency situation characterized by a sudden inflow of nationals of third countries, the Consi` regoglio adopt, on a proposal from the Commission, may lament or European decisions comprising provisional measures for the benefit of or the Member States concerned. It shall act after consulting the European Parliament. Article III - 267 ( ex Article 63, paragraphs 3 and 4 TEC) 30 1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of citizens of resident third-country
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Declaration on Articles III - 136 and III - 267: " The Conference considers that, where a draft law or framework law based on Article III - 267, paragraph 2 would affect fundamental aspects of the social security system of a Member State, in particular as regards the scope, cost or financial structure, or would affect the financial balance in accordance with Article III - 136, paragraph 2, the interests of that member State will be duly taken into account".
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legally in the United States and the prevention and combating of illegal migration and strengthened human trafficking. 2. For the purposes of paragraph 1, European laws or framework laws shall establish measures in the following areas: a) conditions of entry and residence, and standards on the issue by Member States of visas and residence permits long-term, including for the purpose of family reunification; b) definition of the rights of third-country nationals legally residing in a Member State, of `including the conditions governing freedom of movement and of residence in other Member States; c) illegal immigration and illegal residence, including removal and repatriation of persons residing without authorization; d) combating trafficking in human beings, in particular women and children. `Conclude with third countries ac3. The Union may agreements for the readmission to their countries of origin or provenance of third-country nationals who do not soddi` the conditions for entry, sfano or do not meet the more present in or residing in the territory of one of the Member members. `Establish 4. European laws or framework law can measures to promote and support the action of Member States in order to facilitate the integration of third-country nationals residing legally in their territories, excluding any harmonization
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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 to their territory of third-country nationals, coming from third countries in order to seek paid employment. Article III - 268 ( new) The policies of the Union set out in this Section and their implementation shall be governed by princi` and fair sharing of responpio ` solidarity between Member States, including at finansabilita cial. Whenever necessary, the Union acts ' of this section are adopted by virtue appropriate measures to give effect to this principle.
SECTION 3 JUDICIAL COOPERATION IN CIVIL MATTERS Article III - 269 ( ex Article 65 TEC) 1. The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judicial and extrajudicial decisions .
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`Include the adoption of cooperation can miTale measures designed to approximate the laws and regulations of the Member States. 2. For the purposes of paragraph 1, European laws or framework laws shall establish, particularly when necessary for the proper functioning of the internal market, measures to ensure: a) the mutual recognition between Member States of judicial and extrajudicial decisions and their execution ; b) cross-border service of judicial and extrajudicial documents; `The rules applicable in c) Compatibility United States concerning conflict of laws and of jurisdiction; d) cooperation in the taking of evidence; e) effective access to justice; f) the elimination of obstacles to the proper functioning of civil proceedings, if necessary promuo` the rules of civil procedure sell compatibility in Member States; g) the development of alternative methods of dispute resolution; 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 established by a law or framework law of the Con-
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` previa consultasiglio. Questo delibera all'unanimita zione del Parlamento europeo. ` Il Consiglio, su proposta della Commissione, puo adottare una decisione europea che determina gli aspetti del diritto di famiglia aventi implicazioni transnazionali e che potrebbero formare oggetto di atti adottati secondo la procedura legislativa ordinaria. ` previa consultazione del Esso delibera all'unanimita Parlamento europeo.
SECTION 4 JUDICIAL COOPERATION IN CRIMINAL MATTERS Article III - 270 ( ex Article 31, paragraph 1 TEU) 1. Judicial cooperation in criminal matters ` based on the principle of mutual riconoscinell'Unione and chin 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 Article III - 271. European laws or framework laws shall establish measures to: a) establish rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions;
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b) prevent and settle conflicts of jurisdiction between Member States; c) support the training of the judiciary and judicial staff; `Giud) facilitate cooperation between the authorities of the Member States' counterparts in reladiziarie tion authority or the prosecution and enforcement of judgments. 2. To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having cross-border dimension, the `set minimum standards. European framework laws may These take into account the differences between the traditions and the legal systems of the Member States. They concern: `reciprocal of evidence between a) the admissibility 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 has identified in advance by a European decision; to adopt such deci` approsione the Council shall act unanimously after approval of the European Parliament. The adoption of the minimum rules referred to in this paragraph shall not prevent Member States from mante` high level of protection of black or introduce a level most people.
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3. Where a member of the Council considers that a draft European framework law referred to in paragraph 2 would affect fundamental aspects of its legal system `ask the Council eurogiudiziario criminal can peo law be referred to. In this case, the proce` suspended. After discusdura in Article III-396 mission and, within four months of this suspension, the European Council: a) refer the draft back to the Council, which shall terminate the suspension of the procedure referred to in Article III-396, or b) It requests the Commission or the group of Member States from which the draft originates to submit a new draft; in that case, the act originally proposed shall be deemed not adopted. 4. If by the end of the period referred to in paragraph 3, the European Council did not act or if, within twelve months of the submission of a new draft under pa` been ragrafo 3, letter b), the European framework law is not adopted and at least one third of the Member States wish to establish enhanced cooperation on the basis of the draft framework law concerned, they shall notify the European Parliament, the Council and the Commission. In such a case, the authorization to proceed with enhanced cooperation referred to in Article I-44, paragraph 2 and Article III-419, paragraph 1 is deemed to be granted and the provisions on enhanced cooperation.
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Article III-271 (new) `establish regulations 1. European framework laws may minimum provisions on the definition of criminal offenses and san` particularly serious tions in the areas of crime which have a cross-border dimension resulting from the nature or impact of such offenses of` fight them on or from a special need common ground. `Are the following: terroriDette balls smo crime, 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 and cri` `organized crime. minalita `the basis of developments in crime` adopt a European decision indiConsiglio `that can meet the criteria vidua other spheres of crime` referred to in this paragraph. It shall act unanimously after approval by the European Parliament. '2. If the approximation of the laws and regulations of the Member States in criminal matters proves essential to ensure the effective implementation of a Union policy in an area `been the subject of harmonization measures, and that the` establish minimum standards relalegge European framework can tive to the definition of criminal offenses and sanctions in the area `adopted by the same procein question. It hard for the adoption of the harmonization measures in question, without prejudice to Article III-264.
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3. Where a member of the Council considers that a draft European framework law referred to in paragraph 1 or 2 would affect fundamental aspects of its request that the Council ordina` chin criminal justice, can European law be referred to. In this case, when applicable, the procedure referred to in Article `suspended. After discussion, and III-396 and within four months of this suspension, the European Council: a) refer the draft back to the Council, which shall terminate the suspension of the procedure referred to in Article III-396 where it is applicable, or b) request the Commission or the group of Member States from which the draft originates to submit a new draft; in that case, the act originally proposed shall be deemed not adopted. 4. If by the end of the period referred to in paragraph 3, the European Council did not act or if, within twelve months of the submission of a new draft under pa` been ragrafo 3, letter b), the European framework law is not adopted and at least one third of the Member States wish to establish enhanced cooperation on the basis of the draft framework law concerned, they shall notify the European Parliament, the Council and the Commission. In such a case, the authorization to proceed with enhanced cooperation referred to in Article I-44, paragraph 2 and Article III-419, paragraph 1 is deemed to be granted and the provisions on enhanced cooperation.
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Article III-272 (new) `establish laws or framework law can measures to promote and support the action of Member States in the field of prevention of cri`, excluding any harmonization minalita of the laws and regulations of the Member States. Article III-273 (ex Article 31, paragraph 2 TEU) 1. Eurojust's mission to support and strengthen coordination and cooperation between national investigating and auto` dell'arita `serious interest in criminal matters against crime ' Member States or requiring a pedue or more nal on common bases, on the basis of operations ef` defettuate and the information provided by Member States authorities and Europol. In this context, European laws shall determine the structure, operation, field of action and tasks of Eurojust. These tasks may include: 31 'the proposal a) the initiation of criminal investigations as well as `naziodi start of prosecutions conducted by authorities
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31 Declaration on Article III-273, paragraph 1, the second paragraph: "The Conference considers that the European laws referred to in Article III-273, paragraph 1, second paragraph should take into account national rules and practices relating to the initiation criminal investigations."
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tional organizations, particularly those relating to offenses against the Union's financial interests; b) the coordination of investigations and prosecutions referred to in point a); c) the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network. `Assola for European laws shall also the mode t from the European Parliament and national parliaments to` Eurojust. evaluation of activities 2. In the prosecutions referred to in paragraph 1, and without prejudice to Article III-274, formal acts of judicial procedure shall be carried out by the competent national officials. Article III-274 (new) 1. In order to combat crimes affecting the financial interests of the Union, a European law of Consi` establish a European Public Prosecutor from Council `may, subject to Eurojust. The Council shall act unanimously approval of the European Parliament. `Competent indivi2. The European Public Prosecutor and tify, prosecuting and bringing to judgment, where appropriate in liaison with Europol, the perpetrators of offenses against the Union's financial interests, as defined by the European law provided for in paragraph 1, and their accomplices. It prosecutes such offenses di-
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Nanzi the courts having jurisdiction of the Member States. 3. The European law referred to in paragraph 1 shall determine the status of the European Public Prosecutor, the conditions for the exercise of its functions, the rules of procedure applicable `` and the eligibility of the trials and gorges realle its activities for the judicial review of procedural measures adopting the exercise of its functions. `Adopt contempora4. The European Council may ously or subsequently, a European decision amending paragraph 1 in order to extend the powers of the European Public Prosecutor to combat cri` serious international dimension transnaziominalita tion, and amending accordingly paragraph 2 as regards offenders with serious ripercus` States and their accomplices. The Council sions in most in approval of the European Parliament and shall act unanimously after consulting the Commission.
SECTION 5 POLICE COOPERATION Article III - 275 ( ex Article 30, paragraph 1, TEU) 1. The Union shall develop cooperation POLI` competent aunt involving all the Member States authorities, including police services, the services of customs and other authorities responsible dell'applica-
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tion of law specializing in the prevention or detection of criminal offenses and investigation. 2. For the purposes of paragraph 1 the law or framework law `establish measures concerning: Europe can 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; c) common investigative techniques in order del` organizl'individuazione of serious crime Zata. 3. A European law or framework law of the Council `establish measures concerning cooperation operapuo` referred to in this article. The Consitiva between authorities `shall act unanimously after consulting the European Parliament. Article III-276 (ex Article 30, paragraph 2 TEU) 1. Europol's mission is to support and poten` police and other light the action of the authorities of the law enforcement agencies of the Member States and their mutual cooperation in pre` serious intevenzione and combating crime `Member States, terrorism and crush two or more` which affect a common interest forms of crime covered by a Union policy.
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2. European laws shall determine the structure, operation, field of action and tasks of Europol. These tasks may include: a) the collection, storage, processing, analysis and exchange of information forwarded to `Member States or countries particularly by the authorities or bodies; b) the coordination, organization and implementation of investigative and operational action carried out jointly with con` States' competent authorities or members in the context of joint investigative teams, where appropriate in liaison with Eurojust. `With La of European laws shall also the mode of` Europol by the European Parliament control of the activity, which they control together with national Parliaments. 3. Any operational action by Europol must es` evenings carried out in liaison and in agreement with the authorities or the Member States whose territory is concerned. `Competence The application of coercive measures and` national. exclusive of the relevant authorities Article III-277 (ex Article 32 TEU) A European law or framework law of the Council shall determine the conditions and limitations under which the competent auto` Member States under Articles rita III-270 and III-275 may operate in the territory of another Member State in liaison and in agreement with the `latter. The Council shall act alautorita
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`After consulting the European Parliament the unanimity. CHAPTER V AREAS WHERE THE UNION `TAKE ACTION CAN SUPPORTING, COORDINATING OR COMPLEMENTARY` SECTION 1 PUBLIC HEALTH Article III-278 (ex Article 152 TEC) 1. In the definition and implementation of all `guaranteed a level of Union policies and activities and high level of protection of human health. Union action, which shall complement national policies', is directed towards improving public health care, the prevention of human illness and diseases and obviating sources of danger to physical and mental health. Such action shall cover: a) the fight against the major health scourges - promoting research into their causes, their transmission and prevention
, Information and education for health; b) monitoring, early warning and combating serious threats to cross-border health. The Union shall complement the action of Member States, including information and prevention aimed at re
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reduce harmful effects on human health resulting from the use of drugs. 2. The Union shall encourage cooperation between Member States in the areas referred to in this Article and, if necessary, lend support to their action. It encourages in particular the cooperation between Member States to `of their health services to improve the complementarity in border regions. Member States shall coordinate among themselves in liaison with the Commission, their policies and programs in the areas referred to in paragraph 1. The `take, in close contact with the Commission may Member States, any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, organization of exchange of best practice, and the preparation of the necessary elements for the control and valuta` fully inzione periodicals. The European Parliament and format. 3. The Union and the Member States shall foster cooperation with third countries and with organizations inter` public. national jurisdiction in matters of health care 4. Article I-12, paragraph 5 and all'ar` Article I-14, Article I-17, letter a) and in accordance paragraph 2, letter k) laws or framework laws shall contribute to achieving the objectives set out in this Article by establishing the following measures to tackle common safety concerns: `a) measures setting high standards of quality and safety of organs and substances of human origin,
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blood and blood products; these measures shall not prevent Member States from maintaining or introducing stricter measures pro`; tettive more b) measures in the veterinary and phytosanitary `pubcui direct objective the protection of Health Republic; `C) measures setting high standards of quality and safety for medicinal products and devices for medical use; d) measures concerning monitoring, early warning and combating serious threats to cross-border health. `Adopted after the law or framework law and consulting the Committee of the Regions and the Economic and Social Committee. `Even sta5. The law or framework law may bilire incentive measures designed to protect and improve human health, in particular to combat the major cross-border scourges, and measures `pubil whose direct objective the protection of Health Republic regarding tobacco and the abuse of alcohol, excluding any harmonization of the laws and regulations of the Member States. `Adopted after consulting the Committee of the Regions and the European Commission and the Economic and Social. 6. For the purposes of this Article, the Council, on pro` altresi `adopt raccoposta Commission may mendations. `7. Union action shall respect the responsibilities of the Member States for the definition of policy
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health and for the organization and delivery of health services and medical care '. Responsibilities Member States shall include the management of health services and medical care and the allocation of resources to them. The measures referred to in paragraph 4, letter a) does not affect national provisions on the donation or medical use of organs and blood.
SECTION 2 INDUSTRY Article III -279 ( ex Article 157 TEC) 1. The Union and its Member States shall af' are insured until the conditions necessary for ` the Union industry. competitiveness To this end, under a system of ` market aim to: open and competitive, and their action ) speeding up the adjustment of industry to structural changes; b ) encouraging an environment favorable to initiative and to the development of undertakings throughout the Union, in particular small and medium-sized enterprises ; c ) encouraging an environment favorable to cooperation between undertakings ; d ) fostering better exploitation of the industrial potential of policies of innovation, research and technological development .
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2. Member States shall consult each other `nein liaison with the Commission and, as and sary, coordinate their actions. The Commission `take any useful initiative to promote such coordination may, in particular initiatives aiming at the establishment of guidelines and indicators, organization of exchange of best practice, and the preparation of the necessary elements for the control and valuta` fully inzione periodicals. The European Parliament and format. 3. The Union shall contribute to achieving the objectives set out in paragraph 1 through the policies and activities it pursues under other provisions of the `staCostituzione. The law or framework law may bilire specific measures in support of action taken in the United States in order to achieve the objectives set out in paragraph 1, excluding any harmonization of the laws and regola` adopted after conmentari Member States. It and consulting 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 employees.
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SECTION 3 CULTURE Article III-280 (ex Article 151 TEC) 1. The Union shall contribute to the flowering of the `culture of the United States, while respecting national and regional diversity, highlighting their common cultural heritage. `Aimed at encouraging 2. Union action and cooperation between Member States and, if necessary, supporting and complementing their action in the following areas: a) improving the knowledge and dissemination of 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 the audiovisual sector. 3. The Union and the Member States shall foster cooperation with third countries and international organizations competent 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 pro` cultures. move diversity
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5. To help achieve the objectives referred to in this Article: a) the law or framework law shall establish incentive measures, excluding any harmonization of the laws and regola` adopted after conmentari Member States. It and consulting the Committee of the Regions ; b ) the Council, on a proposal from the Commission, shall adopt recommendations.
SECTION 4 TOURISM Article III - 281 ( new) 1. The Union shall complement the action of Member States in the field of tourism, in particular promuo` of Union undertakings in that sector sell competitiveness. To that end, Union action aims to: a) encourage the creation of a favorable environment for the development of undertakings in this sector ; b ) promoting cooperation between the Member States, in particular through the exchange of best practices. 2. European laws or framework laws shall establish specific measures to complement actions within the Member States in order to realiz-
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objec- tives referred to in this Article, excluding any harmonization of the laws and regulations of the Member States.
` SECTION 5, SPORT EDUCATION, YOUTH AND VOCATIONAL TRAINING Article III - 282 ( ex Article 149 TEC) 1. The Union shall contribute to the development of un'i` encouraging cooperation construction quality between Member States and, if necessary, by supporting and complementing their action. Fully respects the re` Member States regarding RESPONSIBILITIES ENTAILED the content of teaching and the organization ` culdel education system, as well as tural and linguistic diversity. The Union shall contribute to the promotion of ` European sporting issues, while taking account of specificity of its structures based on voluntary activity and its social and educational function. ` Understanding: The Union and ) developing the European dimension in education, particularly through the teaching and dissemination of the languages ??of the Member States ;
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`Student and inb) encouraging mobility signers, 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 encouraging `socio-educational and entertainment activities for young people's participation in democratic life in Europe; f) encouraging the development of distance education; g) developing the European dimension 'and openness in sport, by promoting fairness sporting competitions and cooperation between organi` fismi responsible for sports, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen. 2. The Union and the Member States shall foster cooperation with third countries and international organizations competent in the field of education and sport, in particular the Council of Europe. 3. To help achieve the objectives referred to in this Article: a) the law or framework law shall establish incentive measures, excluding any harmonization of the laws and regulations
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`Adopted after consultamentari Member States. E tion of the Committee of the Regions and the Economic and Social Committee; b) the Council, on a proposal from the Commission, shall adopt recommendations. Article III-283 (ex Article 150 TEC) 1. The Union shall implement a vocational training policy which shall support and complement the actions of `Member States, while fully respecting the responsibility of the Member States for the content and organization of vocational training. `Understanding: The Union and) facilitate adaptation to industrial changes, in particular through vocational training and retraining; b) improve initial vocational training and lifelong learning, to facilitate the integration and reintegration into the labor market; c) to facilitate access to training instructors and profes`-making and encourage mobility trainees, 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.
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2. The Union and the Member States shall foster cooperation with third countries and international organizations competent in the field of vocational training. 3. To help achieve the objectives referred to in this Article a) the law or framework law shall establish the necessary measures, excluding any harmonization of the laws and regulations ` adopted after consultation of the Member States. And the Committee of the Regions and the Economic and Social Committee ; b ) the Council, on a proposal from the Commission, shall adopt recommendations.
SECTION 6 CIVIL PROTECTION Article III - 284 ( new) 1. The Union shall encourage cooperation between Member States in order to strengthen the effectiveness of si` tems of prevention and protection from natural disasters or man-made. ` Aimed at: The Union and ) support and complement the activities of the Member States at national, regional and local level in risk prevention, in preparing their AT-
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bulls of civil protection in the United States and the inter` natural or dalvento if magnet man within the Union ; b ) promote swift, effective operational cooperation within the Union between national civil protection services ; c ) promote consistency of action taken at the international level in the field of civil protection. 2. European laws or framework laws shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonization of the laws and regulations of the Member States.
SECTION 7 ADMINISTRATIVE COOPERATION Article III - 285 ( new) 1. Effective implementation of Union law by the Member States, essential for the proper ` considered a quefunzionamento Union, and question of public interest. ` Support the efforts of the United 2. The Union may ` amministramembri to improve their ability ` tive to implement Union law. This action may consist in particular in facilitating the exchange of information and of civil servants as well as supporting pro-
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` Held training programs. No Member State and to make use of this support. The law shall establish the necessary measures to this end, excluding any harmonization of the laws and regulations of the Member States. 3. This Article shall not affect the obligation de' the Member States to implement EU law it prerogatives and duties of the Commission. It does not affect the other provisions of the Constitution providing for administrative cooperation between Member States and between them and the Union.
TITLE IV ASSOCIATION OF OVERSEAS COUNTRIES AND TERRITORIES Article III - 286 ( ex Articles 182 and 188 TEC) 1. The non-European countries and territories that have special relations with Denmark, France, the Netherlands and the United Kingdom have special relations associated with the Union. These countries and territories, hereinafter called the " countries and territories ", are listed in Annex II. This title shall apply to Greenland subject to the specific provisions of the Protocol on special arrangements for Greenland .
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`Promote the svi2. The purpose of the association and economic and social development of the countries and territories and to establish close economic relations between them and the Union. The association shall serve primarily to further the interests of the inhabitants of these countries and `in order to lead them to the territories and their economic prosperity, social and cultural waiting. Article III-287 (ex Article 183 TEC) 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 `the Constitution; between them by virtue b) each country or territory shall apply to its trade with the United States and other countries and territories the same treatment that 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 the countries and territories; d) for investments financed by the Union, the `participation in tenders and supplies and` terms to all natural open on equality and legal persons to the United States and the countries and territories; e) in relations between the United States and the countries and territories the right of establishment of nationals and so`e `adjusted in accordance with ticieta ter III, Chapter I, Section 2, Subsection 2 relating to Li
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`Of establishment and under the procedures shearwater 'on a non dipreviste in this subsection as well as` dell'arscriminatoria, subject to any acts adopted by virtue Article III-291. Article III-288 (ex Article 184 TEC) 1. The imports from the countries and territories shall be into the Member States, the prohibition of customs duties between Member States provided for by the Constitution. 2. Upon entry into each country or territory Customs duties on imports from the United States and other countries and territories shall be prohibited in accordance with Article III-151, paragraph 4. 3. However, the countries and territories may levy a ` of customs duties that respond to their development needs and the needs of their industrialization or produce revenue for the purpose of having their budgets. The duties referred to in the first subparagraph shall not exceed those imposed on imports of products from the Member State with which each country or territory has special relations. `Apply to countries and terri4. Paragraph 2 and not bulls which, because of international obligations parti` dogacolari a rate which they are bound, already apply a non-discriminatory nal. 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, a dis-
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tion directly or indirectly between imports from the various Member States. Article III-289 (ex Article 185 TEC) If the level of the duties applicable to goods from a third country on entry into a country or territory, when Article III-288, para` likely to cause a deflection of trade in paragraph 1, and `dodetrimento of a Member State, it may send the Commission to propose to the other Member States to take the necessary measures to remedy this situation. Article III-290 (ex Article 186 TEC) `Subject to the provisions relating to public health care, public safety and public order,` movement of workers from the countries and territories freedom in the United States and for workers of `regulated acts from the United States in the countries and territories and adopted pursuant to Article III-291. Article III-291 (ex Article 187 TEC) The Council, on a proposal from the Commission, `basis of the experience acquired under the association adopted unanimously among the countries and territories with the Union, laws, framework laws, regola` and minds and decisions as regards the mode to the procedure for the association of the countries and territories
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and the Union. These laws and framework laws shall be adopted after consulting the European Parliament.
TITLE V THE UNION'S EXTERNAL ACTION CHAPTER I PROVISIONS OF GENERAL APPLICATION Article III - 292 ( ex Article 3, second paragraph and Article 11 TEU) 1. The Union's action on the international scene is guided by the principles which have inspired its own creation , development and enlargement, and which it seeks to advance in the wider world is indivisibidemocrazia, rule of law, ` universality of human rights and fundamental freedoms ', ` lita human principles of equality than the dignity It is respect for the principles of the Charter and solidarity of the United Nations and international law. The Union shall seek to develop relations and build partnerships with third countries and with international organizations, regional or global organizations, which share the principles referred to in the first paragraph. It shall promote multilateral solutions to common problems, in particular in the United Nations .
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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 its values, fundamental interests, its security, its independence and `; its integrity b) consolidate and support democracy, the rule of law, human rights and the principles of international law; c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the Charter of Nations' the principles of the Helsinki Final Act and United as well as the objectives of the Paris Charter, including those relating to borders external; d) promote the sustainable development of developing countries in the economic, social and ambien`; that, with the primary aim of eradicating poverty and) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade; f) contribute to the development of measures inter` delnazionali to preserve and improve the quality environment and the sustainable management of global natural resources, in order to ensure sustainable development; g) assist populations, countries and regions col` natural or man-made disasters; tasks as a magnet
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h) promote an international system based on stronger multilateral cooperation and good global governance. 3. In the development and implementation of external action in the various areas covered by this Title and the external aspects of its other policies, the Union shall respect the principles and pursue the objectives set out in paragraphs 1 and 2. The Union shall ensure consistency between the different areas of external action and between these and other policies. The Council and the Commission, assisted by the Minister for Foreign Affairs, shall ensure that consistency and shall cooperate to that end. Article III-293 1. The European Council shall identify the strategic interests and objectives of the Union on the basis of the principles and objectives set out in Article III-292. European decisions of the European Council on the strategic interests and objectives of the Union relating to the common foreign and security policy and other areas of EU external action. They may refer to the Union's relations with a country or region or may be thematic in approach. They shall define their duration and the resources that the Union and the Member States must make available. `RacIl of European Council shall act unanimously dation of the Council adopted by the latter` provided for each area. The desecondo the modalities
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European decisions of the European Council shall be implemented in accordance with the procedures provided for by the Constitution. 2. The Minister for Foreign Affairs, for the field of common foreign and security policy, and the Commission, for other areas of external action, may submit joint proposals to the Council.
CHAPTER II COMMON FOREIGN AND SECURITY POLICY SECTION 1 COMMON PROVISIONS Article III - 294 (ex Articles 11 and 12 TEU) 1. In the framework 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 policy and security. 2. Member States shall actively and unreservedly support the common foreign and security policy and of ` ` mutual solidarity. in a spirit of loyalty to the Member States work together to raf` policy. We force and develop their mutual solidarity refrain from action contrary to the Union's interests or likely to impair its effectiveness as a cohesive force in international relations .
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The Council and the Minister of Foreign Affairs dell'U' Directory to ensure that these principles are rispetnione tati. 3. The Union shall conduct the common foreign and security policy: a) defining the general guidelines, b) adopting European decisions defining: i) the actions that the EU should undertake, ii) positions to be taken by the Union , `implementing decisions iii) the modalities set out in the European i) and ii), c) strengthening systematic cooperation between Member States in the conduct of policy. Article III-295 (ex Article 13 TEU) 1. The European Council shall define the general guidelines for the common foreign and security policy, including issues that have implications for defense. If international developments so require, the President of the European Council shall convene an extraordinary meeting of the same to define the strategic lines of the Union's policy response to such developments. 2. The Council 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.
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Article III-296 (ex Articles 18 and 26 TEU) 32 1. The Minister for Foreign Affairs, who chairs the Council, "Foreign Affairs", contributes with proposals to the development of the common foreign and security policy and ensures' implementation of the European decisions adopted by the European Council and the Council. 2. The Minister for Foreign Affairs shall represent the Union in matters coming within the common foreign and security policy. It leads, on behalf of the political dialogue with third countries and expresses the Union's position in international organizations and at international conferences. 3. In fulfilling his mandate, the Minister for Foreign Affairs is assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the United mem` comprise officials from relevant departments and States and the General Secretariat of the Council and of the Commission and staff seconded from national diplomatic services. The organization and functioning of the European External Action Service shall be established by a
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Declaration on Article III - 296: " The Confe` treaty was signed petition declares that, as soon will be establishing a Constitution for Europe, the Secretary General of the Council, High Representative for Common Foreign and Security Policy, the Commission and the Member States should begin preparatory work on the European external Action service " .
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European decision of the Council. The Council shall act on a proposal from the Minister for Foreign Affairs, after consulting the European Parliament and the Commission's approval. Article III-297 (ex Article 14 TEU) 1. Where the international situation requires operational action by the Union, the Council shall adopt the necessary European decisions. These decisions set out the objectives, scope, the means of which the Union shall have available and the conditions for implementation of the action and, if necessary their duration. If there is a change in circumstances having a substantial effect on a question subject to such a European decision, the Council shall review the principles and objectives of that decision and adopt the necessary European decisions. 2. The European decisions referred to in paragraph 1 shall commit the Member States in the positions they adopt and in the conduct of their activity. 3. Any position or planned national action pursuant to a European decision as referred to in paragraph 1, information shall be the Member State concerned in time to allow, if necessary, for prior consultations within the Council. The obligation to provide pre` applicable to measures which are merely reliminare not cepimento of that decision at the national level. `Connected with the EVO4. In case of absolute necessity developments in the situation and failing a review
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the European decision referred to in paragraph 1, Member States may take emergency measures required, taking into account the general objectives of that decision. The Member State taking such measures shall inform the Council immediately. `Relevant application 5. In case of difficulty of a European decision referred to in this Article, a Member State shall refer the matter to the Council which shall discuss them and seek appropriate solutions. These can not be contrary to the 'impair its effectiveness. he objectives of Article III-298 (ex Article 15 TEU) The Council shall adopt European decisions defining the Union to a particular matter of a geographical or thematic nature. Member States' national policies shall Directory to comply with the Union's positions. Article III-299 (ex Article 22 TEU) 1. Any Member State, the Minister for Foreign Affairs or the latter with the support `quedella Commission may submit to the Council issues concerning its common foreign and security policy and submit respectively, initiatives or proposals. 2. In cases requiring a rapid decision, the Minister for Foreign Affairs shall convene, ex officio or at the request of a Member State, a session
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Extraordinary Council, within quaran`-eight hours or, in an emergency, within a period shorter. Article III-300 (ex Article 23 TEU) 1. The European decisions referred to in this Chapter shall be adopted by the Council acting all'unani`. mita When abstaining in a vote, any member of the `qualify its abstention by a Council can` obliged to apdichiarazione formal. In this case not Plicare the European decision, but accepts that this im`, pledges 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 respect its position. If the members of the Council that motivate thereby abstaining represent at least one third of the Member States comprising at least one third of the EU population, the deci` adopted. sion not 2. Notwithstanding paragraph 1, the Council shall act by a qualified majority: a) when adopting a European decision defining an action or position, on the basis of a European decision of the European Council relating to interests Union's strategic objectives set out in Article III-293, paragraph 1;
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b) when adopting a European decision defining an action or position on the basis of a proposal by the Minister for Foreign Affairs has presented following a specific request to him from the European Council on its own initiative or at the initiative of the Minister; c) when adopting a European decision implementing a European decision defining an action or position; d) when adopting a European decision concerning the appointment of a special representative in accordance with Article III-302. If a member of the Council declares that, for vital and stated reasons of national policy, it intends to oppose the adoption of a European decision requiring a qualified majority, shall not be voting. The Minister for Foreign Affairs will, in close consultation with the Member State concerned, a solution acceptable to it. In the absence of a result, the Council, acting by a `request that the quemaggioranza qualified, can question be referred to the European Council, in view of`. a European decision unanimously 3. In accordance with Article I-40, paragraph 7, the `` adopt unanimously a European deciConsiglio may pean Commission which stipulates that the Council shall act by a qualified majority in cases other than those referred to in paragraph 2 of this article.
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4. Paragraphs 2 and 3 shall not apply to decisions with military implications or those in the defense sector. Article III-301 (new) 1. When the European Council or the Council has defined a common approach of the Union within the meaning of Article I-40, paragraph 5, the Minister for Foreign Affairs and Foreign Ministers' within the Member shall coordinate the activities of the Council. 2. The diplomatic missions of the Member States and the Union delegations in third countries and at international organizations shall cooperate and shall contribute to formulating and implementing the common approach referred to in paragraph 1. Article III-302 (ex Article 18, paragraph 5 TEU) `appoint, on a proposal from the Council can miil Dniester for Foreign Affairs, a special representative with a mandate in relation to particular policy issues. The representative of the Minister spe`. cial carry out his mandate under the authority Article III-303 (ex Article 24 TEU) `conclude agreements with one or more` The Union can States or international organizations in areas covered by this Chapter.
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Article III-304 (ex Article 21 TEU) 1. The Union Minister for Foreign Affairs shall consult and inform the European Parliament in accordance with Article I-40, paragraph 8 and Article ee' opinions 41, paragraph 8. He Directory to ensure the European Parliament are duly taken into account. Special representatives may be involved in briefing the European Parliament. `Turn interroga2. The European Parliament may tions or make recommendations to the Council and Minister for Foreign Affairs. Twice a year it shall hold a debate on progress in implementing the common foreign and security policy, including the common security and defense policy. Article III-305 (ex Article 19 TEU) 1. Member States shall coordinate their action in international organizations and at international conferences. In these locations they shall uphold the Union's positions. The Minister for Foreign Affairs shall organize this coordination. In international organizations and at international conferences where not all the Member States participate, those which do take part shall uphold the Union's positions.
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2. In accordance with Article I-16, paragraph 2, the Member States represented in international organizations or international conferences where not all the Member States participate shall keep the latter, and the Minister for Foreign Affairs about each issue of common interest. Member States which are also members of the United Nations Security Council shall concert and keep the other Member States fully informed and the Minister for Foreign Affairs. Member States that are members of the Security Council defend the exercise of their functions, positions and interests of the Union, subject to the responsa` imposed on them by the Charter of the United incapacity tions. 'The Union has defined a position on a subject on the agenda when the United Nations Security Council, Member States participating request that the Minister for Foreign Affairs be asked to present the Union's position. Article III-306 (ex Article 30 TEU) The diplomatic and consular missions of the Member States and the Union delegations in third countries and international conferences, and their representations to international organizations shall cooperate in order to ensure compliance and implementation European decisions defining positions and `the present actions of the Union adopted in virtue
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head. They shall step up cooperation by exchanging information and carrying out joint assessments. They contribute to the implementation of the right of protection of European citizens in the territory of third countries referred to in Article I- 10, paragraph 2, letter c ) and the measures adopted pursuant to Article III - 127.
Article III-307 (ex Article 25 TEU) 1. Without prejudice to Article III-344, 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 for the Council, at the request of, the Minister for Foreign Affairs or the `attuadi own initiative. It shall also monitor tion of agreed policies, without prejudice to the powers of the Minister for Foreign Affairs. 2. Within the framework of this Chapter, the Committee of Political and Security POLI` exercise, under the responsibility of the Council and Minister for Foreign Affairs, political control and strategic direction of the crisis management operations referred to in Article III309. The purposes of a crisis management and for its duration, as determined by the `authorize the Committee to Council, the Council may take appropriate measures concerning the political control and strategic direction of the operation.
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Article III - 308 ( ex Article 46, letter f ) and Article 47 TEU) The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Constitution for the exercise of Union competences listed in Articles I - 13 to I- 15 and I- 17. The implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Constitution for the exercise of the Union competences under this Chapter.
SECTION 2 THE COMMON SECURITY AND DEFENCE POLICY Article III - 309 ( ex Article 17 TEU ) 1. The tasks referred to in Article I- 41, paragraph ` resorting to civilian and 1, in which the Union military may include the joint disarmament operations, humanitarian and rescue missions of advice and assistance on military missions in conflict prevention and
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`Peacekeeping tasks and tasks of combat units for crisis management, including missions to restore peace and stability operations at the end of the conflict. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territory. 2. The Council shall adopt European decisions relating to the tasks referred to in paragraph 1, defining their obiet` general construction. The tion, scope and modalities `Minister for Foreign Affairs, under the authority of the Council 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-310 (new) 1. Within the framework of the European decisions adopted `Article III-309, the Council may` in accordance entrust the implementation of a task to a group of Member States which are willing and have the necessary ` this mission. These Member States capacity, in association with the Minister for Foreign Affairs, shall agree on the management of the task. 2. Member States participating in the task regularly inform the Council of the progress of the mission, on its own initiative or at the request of another Member State. The States shall inform the Council immediately should the completion of this
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task entail major consequences or require amendment of the objective, scope or `the task determined in the European decisions mode referred to in paragraph 1. In that case, the Council shall adopt the necessary European decisions. Article III-311 (new) 1. The Agency in the development of Ca defense, research, acquisition and armaments depacita (European Defence Agency), established by Article I-41, paragraph 3 and placed to `Council is charged with: the authority to) contribute to identifying the objectives of capa` Member States' military and evaluating observance cites` the commitments made by Member States in the field of capacity; b) promote harmonization of operational needs and adoption of effective, compatible procurement methods; c) propose multilateral projects to conse` military achievement of the objectives in terms of capacity and ensure coordination of the programs implemented by the Member States and management of specific cooperation programs; d) support research in the field of tecnolo` rigia of the defense, and coordinate and plan joint activities search and the study of the technical solutions meeting future operational needs;
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e) contribute to identifying and, where appropriate, implementing any useful measure for strengthening the industrial and technological base of the defense sector and for improving the effectiveness of military expenditure. `Open to 2. The European Defence Agency and all Member States that wish to participate. The Council, acting by a qualified majority, adopt a European decision defining the statute, `the Agency's operation. venue and modalities That decision should take into account the degree of partecipa` Agency. Nell'amzione actual activities to the scope of the Agency shall consist of specific groups bringing together Member States engaged in joint projects. The Agency carries out its tasks in liaison with the Commission, if necessary. Article III-312 (new) 33 1. Member States wishing to participate in permanent structured cooperation referred to in Article I-41, paragraph 6, which fulfill the criteria and have made the commitments on military capa` specified in the Protocol on cooperacita permanent structured notify their intention to the Council and the Minister for Foreign Affairs.
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See also the Protocol set out on p. 480.
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2. Within three months of the notification referred to in paragraph 1, the Council shall adopt a European decision establishing permanent structured cooperation and determining the list of participating Member States. The Council shall act by a qualified majority after consulting the Union Minister for Foreign Affairs. 3. Any Member State which, at a later stage, wishes to participate in permanent structured cooperation shall notify its intention to the Council and the Minister for Foreign Affairs. The Council shall adopt a European decision confirming the participation of the Member State concerned which fulfills the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified majority after consulting the Union Minister for Foreign Affairs. Only members of the Council representing the participating Member States shall vote. Qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the United mem` another member; otherwise participating States, the most qualified majority shall be deemed attained.
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4. Se uno Stato membro partecipante non soddisfa ` piu ` i criteri o non puo ` assolvere gli impegni di cui piu agli articoli 1 e 2 del protocollo sulla cooperazione ` adottare una strutturata permanente, il Consiglio puo decisione europea che sospende la partecipazione di questo Stato. Il Consiglio delibera a maggioranza qualificata. Solo i membri del Consiglio che rappresentano gli Stati membri partecipanti, ad eccezione dello Stato membro in questione, prendono parte al voto. Per maggioranza qualificata si intende almeno il 55% dei membri del Consiglio rappresentanti gli Stati membri partecipanti, che totalizzino almeno il 65% della popolazione di tali Stati. La minoranza di blocco deve comprendere almeno il numero minimo di membri del Consiglio che rappresentano oltre il 35% della popolazione degli Stati mem` un altro membro; in caso contrario bri partecipanti, piu la maggioranza qualificata si considera raggiunta. 5. Se uno Stato membro partecipante desidera ritirarsi dalla cooperazione strutturata permanente notifica la sua decisione al Consiglio, che prende atto del fatto che la partecipazione dello Stato membro in questione termina. 6. Le decisioni europee e le raccomandazioni del Consiglio prese nel quadro della cooperazione strutturata permanente, diverse da quelle previste ai paragrafi ` . Ai fini del preda 2 a 5, sono adottate all'unanimita ` e ` costituita dai voti dei sente paragrafo l'unanimita
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the representatives of the participating Member States.
SECTION 3 FINANCIAL PROVISIONS Article III-313 (ex Article 28 TEU) 1. Administrative expenditure which the institutions to support the implementation of this Chapter shall be borne by the Union budget. `Place the implementation of 2. Operating expenditure to which this Chapter shall also be charged to the Union budget, except for such expenditure arising from operations having military implications or defense, and unless the Council decides otherwise. If you are not charged to the Union budget, the costs are charged to the Member States, according to a distribution key based on the gross national product, unless the Council decides otherwise. As for expenditure arising from operations having military implications or defense, Member States whose representatives in the Council have made a formal declaration under Article III-300, paragraph 1, second subparagraph shall not be required to contribute their funding. 3. The Council shall adopt a European decision establishing the specific procedures to ensure the
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rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, in particular for preparatory activities for the tasks referred to in Article I-41 paragraph 1 and Article III-309. It shall act after consulting the European Parliament. Preparatory activities for the tasks referred to in Article I-41 paragraph 1 and Article III-309 which are not charged to the Union budget shall be financed by a start-up fund made up of contributions from Member States. The Council shall adopt by a qualified majority, on a proposal from the Minister for Foreign Affairs, European decisions establishing: `up and financing a) the mode of start-up fund, in particular the amounts allocated; `Management start-up fund; b) the modalities `financial control. c) the mode When the task planned in accordance with Article I-41 paragraph 1 and Article III-309 does not `be borne by the Union budget, the Consipuo Council authorizes the Minister for Foreign Affairs to use the fund. The Minister of Foreign Affairs
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It shall report to the Council on the implementation of this mandate.
CHAPTER III COMMON COMMERCIAL POLICY Article III - 314 ( ex Article 131 TEC) 1. The Union, through the establishment of a union ` Article III - 151, in accordance contridoganale tributes in the common interest to the harmonious development of trade world, the progressive abolition of restrictions on international trade and foreign direct investment, and the lowering of customs barriers and other .
Article III - 315 ( ex Article 133 TEC ) ` based on 1. The common commercial policy and uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods ` ine service, and commercial aspects of intellectual activity property, foreign direct investment, the achievement of uniformity in measures of liberalization, export policy and measures to protect trade
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including those to be taken in cases of dumping and `consovvenzioni. The common commercial policy and learned in the context of the principles and objectives of EU external action. 2. The law shall establish the measures defining the framework for implementing the common commercial policy. 3. If it is necessary to negotiate and conclude ac` third countries or organizations with one or more internacordi tions, the provisions of Article III-325, subject to the special provisions of this article. The Commission shall make recommendations to the Council, which shall authorize it to open the necessary negotiations. The Council and the Commission 'comadoperarsi Directory to the agreements negotiated are compatible with internal Union policies and rules. These negotiations are conducted by the Commission, in consultation with a special committee appointed by the Council to assist it in this task and within qua` issue to it. The framework of such directives as the Council may Commission report regularly to the special committee and to the European Parliament on the progress of negotiations. 4. For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a qualified majority. For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects
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`Intellectual property and investment cial of` quaesteri direct, the Council shall act unanimously `Should such agreements include provisions for which and 'required unanimity for the adoption of internal rules. `Even for The Council shall act unanimously negotiation and conclusion of agreements: a) in the field of trade in cultural and audiovisual services, where these agreements are likely to cause` cultural and linguistic diversity dell'Upregiudizio the Union; b) in the field of trade in services in `where such acsociale, education and health care agreements risk seriously disturbing the national organization of such services and prejudicing` Member States with regard to their responsibility to provide. 5. The negotiation and conclusion of international agreements in the field of transport shall be subject to Title III, Chapter III, Section 7 and Article III-325. 6. The exercise of the powers conferred by this Article in the field of common commercial policy shall not affect the distribution of powers between the Union and the Member States and does not lead to harmonization of the laws or regulations of the United States, where the Constitution excludes such harmonization.
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CHAPTER IV COOPERATION WITH THIRD COUNTRIES AND HUMANITARIAN AID
SECTION 1 DEVELOPMENT COOPERATION Article III - 316 ( ex Article 188 TEC) 1. Union policy in the field of coo` -operation conducted within the framework of development and principles and objectives of EU external action. The Union's development cooperation policy and that of the Member States complement and reinforce each other. The main goal of EU policy ` the reduction and, in the end, the eliminain this sector and `. The Union shall take account of the poverty obietzione tives of development cooperation in the policies that are likely to affect developing countries. 2. The Union and its Member States comply with the commitments and take account of the objectives they have approved in the framework of the United Nations and other relevant international organizations.
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Article III-317 (ex Articles 179 and 181 TEC) 1. European laws or framework laws shall establish the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programs with developing countries or programs theme. `Conclude with third countries and 2. The Union may competent international organizations any agreement helping to achieve the objectives set out in Articles III-292 and III-316. The first subparagraph shall not affect the competence of Member States to negotiate in international bodies and conclude agreements. 3. The European Investment Bank shall contribute, under the terms of its Statute, to the implementation of the measures referred to in paragraph 1. Article III-318 (ex Articles 180 and 181 TEC) is the effectiveness 1. To promote the complementarity of actions, the Union and the Member States shall coordinate their policies on development cooperation and consult each other on their aid programs, including in international organizations and at international conferences. They may undertake joint action. Member States shall contribute if necessary to the implementation of Union aid programs.
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` Take any inizia2. The Commission can tive useful to promote the coordination referred to in paragraph 1. 3. Within their respective competence, the Union and the Member States cooperate with third countries and with the competent international organizations.
SECTION 2 ECONOMIC, FINANCIAL AND TECHNICAL COOPERATION WITH THIRD COUNTRIES Article III - 319 ( ex Article 181a TEC) 1. Without prejudice to other provisions of the Constitution, in particular Articles III - 316 to III - 318, the Union shall carry economic cooperation, financial and technical cooperation measures, including financial aid in particular, with third countries other than developing countries. These actions are consistent with the Union's development policy and are conducted within the framework of the principles and objectives of external action. The Union's and the United States 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 competence, the Union and the Member States cooperate with third countries and
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with the competent international organizations. ` The Union's cooperation may formodalita subject of agreements between this and other interested parties. The first subparagraph shall not affect the competence of Member States to negotiate in international bodies and conclude agreements. Article III - 320 ( new) ' in the situation where a third country requires urgent financial assistance from the Union, the Council, on a proposal from the Commission, shall adopt the necessary European decisions.
SECTION 3 HUMANITARIAN AID Article III - 321 ( new) 1. The Union's operations in the field of humanitarian aid shall be conducted within the framework of the principles and objectives of EU external action. They aim to provide, in ad hoc assistance, relief and protection for people in third countries ` natural or man-made disasters, victims of magnet ` to meet the humanitarian needs resulting from these different situations. The Union's and the United States complement and reinforce each other .
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2. Humanitarian aid operations are conducted in accordance with the principles of international law and the `` neutrality and impartiality of discriminaprincipi tion. 3. European laws or framework laws shall establish the measures defining the framework for implementing the humanitarian aid operations of the Union. `Conclude with third countries and 4. The Union may competent international organizations any agreement helping to achieve the objectives set out in paragraph 1 and Article III-292. The first subparagraph shall not affect the competence of Member States to negotiate in international bodies and conclude agreements. `Set up a European volunteer corps for humanitarian aid 5. framework for joint contributions from young Europeans to the humanitarian aid operations dell'U` Union. A European law shall determine the rules and modes of operation. `Take any inizia6. The Commission can tive useful to promote coordination between actions of the Union and the Member States in order to `disposirafforzare of the effectiveness and complementarity of national and Union tives of humanitarian aid. 'Its actions 7. The Union shall Directory to humanitarian aid operations are coordinated and consistent with those undertaken by international organizations and bodies, especially within the United Nations system.
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CHAPTER V RESTRICTIVE MEASURES Article III - 322 ( ex Article 301 TEC) 34 1. Where a European decision adopted in accordance with Chapter II provides for the interruption or reduction, in whole or in part, economic relations ` third countries, the Council, and financial with one or more acting by a qualified majority on a joint proposal from the Minister for Foreign Affairs and the Commission, shall adopt the European regulations and decisions needed. It shall inform the European Parliament. 2. Where a European decision adopted confor` adotmemente with Chapter II so provides, the Council may ing, according to the procedure set out in paragraph 1, restrictive measures against natural or legal persons, ` non-state. groups or entities
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Declaration on Articles III - 160 and III - 322: `` The ` fonConferenza recalls that respect for the rights and freedoms tal implies, in particular, that due regard is paid to the protection and respect of the right to due pro` interested. To this end, and for garancesso of persons or entities tire a thorough judicial review of European decisions ` restrictive measures, such subjecting an individual or entity decisions must be based on clear and distinct criteria. These criteria should be tailored to the specifics of each restrictive measure ' ' .
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3. The acts referred to in this Article shall include necessary provisions on legal safeguards.
CHAPTER VI INTERNATIONAL AGREEMENTS Article III - 323 ( ex Article 300, paragraph 7 TEC and ex Article 24 TEU) ` an agreement with 1. The Union may ` third country or one or more international organizations where the Constitution so provides or where the conclusion of an agreement is necessary to achieve, as part of the Union's policies, one of the objectives fixed by the Constitution, or is provided for in a legally binding Union act or is likely to affect common rules or alter their scope. 2. Agreements concluded by the Union are binding upon the EU institutions and the Member States .
Article III - 324 ( ex Article 310 TEC) ` ` conclude with one or more third countries The Union can or international organizations an association agreement in order to establish an association character-
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ised by reciprocal rights and obligations, common action and special procedures.
Article III-325 (ex Article 300 TEC) 35 1. Subject to the provisions in Article III-315, agreements between the Union and third countries or international organizations shall be negotiated and concluded in accordance with the following procedure. 2. The Council shall authorize the opening of negotiations, adopt negotiating directives, authorize the signing of agreements and conclude them. 3. The Commission, or the Minister for Foreign Affairs where the agreement envisaged relates exclusively or principally to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a European decision authorizing the opening of negotiations and designates, depending on the subject of the agreement envisaged, nominating the Union negotiator or the head of
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35 Declaration on Article III-325 concerning the negotiation and conclusion by Member States of agreements inter`, security and justice: `` The national relating to the area of ??freedom Conference confirms that Member States may negotiate and conclude agreements with third countries or international organizations in areas covered by Part III, Title III, Chapter IV, home making such agreements comply with the law delzioni 3, 4 and 5, as long as the Union ''.
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Union's negotiating team. `Directives to negozia4. The Council may tor and designate a special committee to be consulted in the conduct of negotiations. 5. The Council, on a proposal by the negotiator, shall adopt a European decision authorizing the signing of the agreement and, if necessary, its provisional application before entry into force. 6. The Council, on a proposal by the negotiator, shall adopt a European decision concluding the agreement. Except where agreements relate exclusively to the common foreign and security policy, the Council shall adopt the European decision concluding the agreement: a) subject to the approval of the European Parliament in the following cases: i) association agreements; ii) Union accession to the European Convention for the Protection of Human Rights and Fundamental li`; shearwater iii) agreements establishing a specific institutional framework by organizing cooperation procedures; iv) agreements with important budgetary implications for the Union;
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v) agreements covering fields to which the ordinary legislative procedure applies, or the special legislative procedure where it is required the approval of the European Parliament. In an emergency, the European Parliament and the Council can agree on a deadline for the approval; b) after consulting the European Parliament in other cases. The European Parliament shall lay down `funparere within which the Council can the urgency. In the absence of an opinion within that `deliberate. term, the Council can 7. When concluding an agreement, the Con` enable nesiglio, notwithstanding paragraphs 5, 6 and 9, can goziatore to approve on the Union's behalf modifications to the agreement if this' last Due for adoption by a simplified procedure or by a body set up by the agreement. The Council may attach specific conditions to such authorization. 8. Throughout the procedure, the Council shall act by a qualified majority. `AcTuttavia it shall act unanimously when the` request the unacordo covers a field for which `and for the adoption of a European Union act and for acnimita agreements of association and the agreements referred to in Article III319 with The applicant countries.
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9. The Council, on a proposal from the Commission or the Minister for Foreign Affairs, shall adopt a European decision suspending application of an agreement and establishing the positions to be adopted on behalf of the Union in a body set up by an agreement if that body is to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement. `10. The European Parliament and immediately and fully informed at all stages of the procedure. 11. A Member State, the European Parliament, the Council or the Commission may obtain the pa` a rere of the Court of Justice about the compatibility agreement envisaged with the Constitution. In the event of a negative opinion of the Court of Justice, the envisaged agreement would not `come into force unless it is amended or repuo vision of the Constitution. Article III-326 (ex Article 111 TEC) 1. Notwithstanding Article III-325, the Council, on the recommendation of the European Central Bank or on a recommendation from the Commission and after consulting the European Central Bank, in order to reach a consensus compatible with the obiet` prices, can `tive of established formal agreements on a system of exchange rates of the euro against the currencies of third States. The Council de` Parlalibera unanimously after consulting the European Parliament and in accordance with the procedure referred to in paragraph 3.
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The Council, on a recommendation from the European Central Bank or on a recommendation from the Commission and after consulting the European Central Bank, with the aim of reaching a consensus compatible `price` may take, with the goal of stability adjust or abandon rates euro central within the system of exchange rates. The President of the Council shall inform the European Parliament of the adoption, adjustment or abandonment of the euro central rates. 2. In the absence of a system of exchange rates ri` currencies of third States as described in relation to one or more paragraph 1, the Council, on the recommendation of the European Central Bank or on a recommendation from the Commission and after consulting the Bank formulate cen` general guidelines tral European, can of exchange policy in relation to these currencies. These general guidelines are without prejudice to the primary objective of the European System of Central Banks of `price. maintaining stability 3. Notwithstanding Article III-325, where agreements concerning monetary or foreign exchange should be `third States or organegoziati Union and one or more international organizations, the Council, on a recommendation from the Commission and after consulting `negoBanca of the European Central decides the modalities` tiation and conclusion of such agreements. These modes should ensure that the Union expresses a position is fully associated with the neunica. The Commission and tiations.
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4. Without prejudice to the competence and Union agreements as regards economic and monetary union, Member States may negotiate in international bodies and conclude agreements.
CHAPTER VII THE UNION'S RELATIONS WITH INTERNATIONAL ORGANISATIONS AND THIRD COUNTRIES AND UNION DELEGATIONS
Article III - 327 ( ex Articles 302, 303 and 304 TEC) 1. The Union shall establish all appropriate forms of cooperation with United Nations bodies and specialized agencies of the United Nations, the Council of Europe, the Organisation for security and Cooperation in Europe and the Organisation for Economic Cooperation and Development. The Union shall also maintain such relations as are appropriate with other international organizations. 2. The Minister for Foreign Affairs and the Commission shall be instructed to implement this article.
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Article III - 328 ( new) 1. Union delegations in third countries and at international organizations shall represent the Union. 2. Union delegations shall be placed under the ` Minister for Foreign Affairs. the authority They act in close cooperation with the diplomatic and consular missions of the Member States.
CHAPTER VIII IMPLEMENTATION OF THE SOLIDARITY CLAUSE ` Article III - 329 ( new) 36 1. If a Member State under attack ter` victim of a magnet ` natural or prororistico oe
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Declaration on Articles I- 43 and III - 329: `` Subject to the measures adopted by the Union to comply with its obligations ` against a Member State that is the subject of solidarity ` natural or a terrorist attack or the victim of a magnet man- made ??disaster, none of the provisions of Articles I- 43 and III - 329 affect the right of another State ` appropriate to comply with its member to choose the means most in against the Member State in queobblighi solidarity ment ' ' .
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suited man, the other Member States, at the request `policies, assist. To this end, the authorities of its Member States are coordinated within the Council. `Implementation of Clause 2. The mode 'in Article I-43 by solidarity shall be defined by a European decision adopted by the Council, on a joint proposal from the Commission and the Minister for Foreign Affairs. Where this decision has implications in the defense sector, the Council shall act in accordance with Article `inIII-300, paragraph 1. The European Parliament and format. For the purposes of this paragraph and without prejudice to arti` assisted by the Committee polyglycol III-344, the Council and Political and Security, with the support of the structures developed in the context of the common security and defense policy, and by the Committee Article III-261, the two committees shall, if necessary, submit joint opinions. 3. To enable the Union and the Member States to take effective action, the European Council took re` facing the Union. larly the threats and
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TITLE VI THE FUNCTIONING OF THE UNION CHAPTER I PROVISIONS GOVERNING THE INSTITUTIONS SECTION 1 THE INSTITUTIONS Subsection 1 The European Parliament Article III - 330 ( ex Article 190 TEC) 1. A European law or framework law of the Council shall establish the necessary measures for the election of members European Parliament by direct universal suffrage, according to a uniform procedure in all Member States or in accordance with principles common to all Member States. ` The Council shall act unanimously on the initiative of the European Parliament, with the approval of which shall act by a majority of its component members. This law or framework law shall enter into force when approved by the Member States in accordance with their respective constitutional requirements.
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2. Una legge europea del Parlamento europeo fissa lo statuto e le condizioni generali per l'esercizio delle funzioni dei suoi membri. Il Parlamento europeo delibera di sua iniziativa, previo parere della Commissione e previa approvazione del Consiglio. Il Consiglio deli` per le norme o condizioni relative al bera all'unanimita regime fiscale dei membri o ex membri. Articolo III-331 (ex articolo 191 TCE) La legge europea fissa lo statuto dei partiti politici a livello europeo di cui all'articolo I-46, paragrafo 4, in particolare le norme relative al loro finanziamento. Articolo III-332 (ex articolo 192 TCE) A maggioranza dei membri che lo compongono, ` chiedere alla Commissione il Parlamento europeo puo di presentare adeguate proposte sulle questioni per le quali reputa necessaria l'elaborazione di un atto dell'Unione ai fini dell'attuazione della Costituzione. Se la Commissione non presenta una proposta, essa ne comunica le motivazioni al Parlamento europeo. Articolo III-333 (ex articolo 193 TCE) Nell'ambito delle sue funzioni, il Parlamento europeo, su richiesta di un quarto dei membri che ` costituire una commissione lo compongono, puo temporanea d'inchiesta incaricata di esaminare, fatte
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prejudice to the powers conferred by the Constitution on other institutions or bodies, alleged contraventions or maladministration in the implementation of EU law, unless the facts at issue are pending before a court until the legal proceedings. The temporary committee of inquiry shall cease to exist on the submission of its report. A European law of the European Parliament `fixed for the exercise of the right of inquiry. The modalities of the European Parliament shall act on its own initiative after obtaining the consent of the Council and the Commission. Article III-334 (ex Article 194 TEC) `Article I-10, paragraph 2, in accordance 'd) any citizen of the Union as well as any natural or legal person residing or having its registered office in a Member State , has the right to submit, individually or in association with other persons, a petition to Parliament on a matter which euro` peo covered by the activities of the Union and which affects him directly. Article III-335 (ex Article 195 TEC) 1. The European Parliament elects the Ombudsman eu` Article I-10, paragraph 2, pean. In accordance `enabled rilettera d) and Article I-49, and these ceive complaints from any EU citizen or any natural or legal person residing
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or having its registered office in a Member State concerning instances of maladministration in the institutions, bodies, offices or agencies, with the exception of the Court of Justice in its judicial role. In line with its mission, the mediator, on its own initiative or based on complaints that have been submitted directly or through a Member of the European Parliament, conduct inquiries for which he finds grounds, except where the alleged facts are or have been the subject of a legal proceedings. Where the Ombudsman establishes an instance of maladministration, it shall refer the matter to the institution, body or agency concerned, which has three months to inform him of its opinion. The 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 the investigation. The Ombudsman shall submit a report to the European Parliament on the results of the investigation. `Elected after each election of Par2. The Ombudsman and European Parliament for the duration of the legislature. The man` renewable. and given `The mediator may be dismissed by the Court of Justice at the request of Parliament eu` conditions necesropeo, if not responding more sary for the performance of his duties or is guilty of serious misconduct.
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3. The Ombudsman shall perform his duties with complete independence. In fulfilling its duties Sol' not take instructions from any institution, body, office or agency it lawful. Throughout his term of office, engage in any other activities the media` `professiotore can not nal, whether gainful or not. 4. A European law of the European Parliament lay down the regulations and general conditions governing the performance of the Ombudsman's duties. The European Parliament shall act on its own initiative, after consulting the Commission and Council's approval. Article III-336 (ex Article 196 TEC) The European Parliament holds a session an` the manual. It convened, on the second Tuesday in March. `Meet in extraordinary session, Parliament may at the request of a majority of its component members, the Council or the Commission. Article III-337 (ex Articles 197 and 200 TEC) 1. The European Council and the Council shall be heard by the European Parliament, according to moda` provided by the Rules of Procedure of the European Council lita and those of the Council. `Attend all sessions 2. The Commission of the European Parliament and can be heard at his request. It shall reply orally or in writing to ques-
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tions put to it by the European Parliament or by its Members. 3. The European Parliament, in public session, shall examine the annual general report that `submitted by the Commission. and Article III-338 (ex Article 198 TEC) Save as otherwise provided in the Constitution, the European Parliament acting by a majority of the votes cast. Its rules of procedure shall determine the quorum. Article III-339 (ex Article 199 TEC) The European Parliament shall adopt its rules of procedure by a majority of its component members. The proceedings of the European Parliament are published in the manner provided in the Constitution and the Rules. Article III-340 (ex Article 201 TEC) The European Parliament, which is a motion of censure on the Commission, `rule on such a motion before it can not be for at least three days of its filing, and by open vote. `MaggioSe approved in the motion of censure and ance of two-thirds of the votes cast, representing a majority
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of the Members of Parliament, Members of the Commission shall resign as a body and the Minister for Foreign Affairs shall resign from duties that he carries in the Commission. They remain in office and continue to deal with current business until they are replaced in accordance with Articles I-26 and I-27. In this case, the term of office of members of the Commission appointed to replace them shall expire on the date that would have expired the term of office of members of the Commission obliged to resign from office. Subsection 2 The European Council Article III-341 (new) 1. Where a vote is taken, any member of the `act on behalf of the European Council can only other member. The abstention of members present or represented shall not prevent the adoption by the Council `` required unanimity. for which European and `be 2. The President of the European Parliament may invited to be heard by the European Council. 3. The European Council shall act by a simple majority regarding procedural matters and for the adoption of its rules of procedure.
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` Assisted by the Secretariat 4. The European Council and General Council. Subsection 3 The Council of Ministers Article III - 342 ( ex Article 204 TEC) The Council shall be convened by the President, for this initiative, one of the members or of the Commission. Article III - 343 ( ex Articles 205 and 206 TEC) 1. Where a vote is taken, any member of the ` act on behalf of more than one other Board members can. 2. For decisions requiring a simple majority, the Council shall act by a majority of its component members. 3. Abstentions by members present in person or represented shall not prevent the adoption by the Council ` ` required unanimity. and for which Article III - 344 ( ex Article 207 TEC) 1. A committee consisting of representatives for ` responsamanenti of the Governments of the Member States and bile of the preparation of the Council and for carrying out the tasks assigned to it by
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` Adopt procedural decisions gna. The Committee may in the cases provided by the rules of procedure of the Council. ` Assisted by the General Secretariat, 2. The Council and ` a general secretary nomisotto responsibility born by the Council. The Council shall decide by a simple majority in the organization of the General Secretariat. 3. The Council shall act by a simple majority regarding procedural matters and for the adoption of its rules of procedure.
Article III - 345 ( ex Article 208 TEC) ` chieIl Council, by a simple majority, may Dere to the Commission to undertake any studies the Council considers desirable for the achievement of common objectives and to submit any appropriate proposals. If the Commission does not submit a proposal, it communicates the reasons to the Council .
Article III - 346 ( ex Article 209 TEC) The Council shall adopt European decisions laying down the rules governing the committees provided for by the Constitution. Acting by a simple majority after consulting the Commission.
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Subsection 4 The European Commission
Article III-347 (ex Article 213, paragraph 2 TEC) The members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their duties. The members of the Commission can not, for `their term of office, engage in any other professional activity, whether gainful or not. Since their settlement assume the solemn undertaking that, for the duration of their duties and after cessation of these, the obligations arising therefrom, and in partico` and discretion as regards the duties thereof of honest acceptance, after that cessation, of certain appointments or benefits. In case of breach of these obligations, the Court of Justice, on application by the Council acting by a simple majority or the Commission, `, as appropriate, rule that the Member of ufpuo fice as provided in Article III-349 or deprived of his right to a pension or other benefits in its stead.
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Article III-348 (ex Article 215 TEC) 1. Apart from normal replacement, or death, the duties of members of the Commission shall end when he resigns or is compulsorily retired. 2. A vacancy following dimis` covered sions for voluntary retirement or death and the remainder of the term of office of the member, a new `, of the same nationality appointed by Consimembro Board by mutual agreement with the President of Commission, after consulting the European Parliament and of the `criteria of Article I-26, paragraph 4.` Parain conformity of Propoil Council, acting unanimously decide `is the President of the Commission, which can such a vacancy need not be covered, particularly if the remainder of the term `short. and 3. In the event of resignation, compulsory retirement or to `filled for the remainder of the term death, the President and` Article I-27, paradel mandate, in accordance graph 1. 4. In case of the resignation or d 'or `sodecesso office, the Minister for Foreign Affairs and stablished for the remainder of his term, in con` Article I-28, paragraph 1. 5. In accordance case of the resignation of all members the Commission, they shall remain in office and continue to deal with current business
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until they are replaced, for the remainder of the ` Articles I - 26 and I- 27. mandate, in accordance
Article III - 349 ( ex Article 216 TEC) Any member of the Commission no ` meets the conditions required for the performance of his duties or more that he is guilty of ` be dismissed by the Court of Justice at the request serious can the Council, acting by a simple majority, or the Commission .
Article III - 350 ( ex Article 217 TEC) Without prejudice to Article I- 28, paragraph 4, the responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President, in confor` Article I- 27, paragraph 3. the president can ` mita reshuffle the allocation of those responsibilities during the mandate. The members of the Commission carry out the duties assigned to them by the President under his `. authorities
Article III - 351 ( ex Article 219 TEC) The Commission shall act by a majority of its members. The rules of procedure shall determine the quorum .
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Article III - 352 ( ex Articles 212 and 218 TEC) 1. The Commission shall adopt its rules of procedure in order to ensure its own operation and that of its departments. Ensure the publication of the Regulation. 2. The Commission shall publish every year, at least one month before the opening of the session of the Parliament ` dell'Ueuropeo, a general report on the activity Union. Subsection 5 The Court of Justice of the European Union Article III - 353 ( ex Article 221 TEC) The Court of Justice shall sit in chambers, in a Grand Chamber or as a full Court, in accordance with the Statute of the Court of Justice of the European Union. Article III - 354 ( ex Article 222 TEC) ` assisted by eight Advocates ` The Court of Justice and the Court so request of giustigenerali. If what ` ` may aunt, the Council, acting unanimously adopt a European decision to increase the number of Advocates-General.
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The Advocate General's office is present in full inpubblicamente, with absolute impartiality addiction, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require his involvement. Article III-355 (ex Article 223 TEC) The Judges and Advocates General of the Court of Justice `affording all, chosen from personalities guarantees of independence and who possess the qualifications required for appointment in their respective countries,` high functions judicial, or that the most are jurisconsults of recognized competence, shall be appointed by common accord of the governments of the Member States, after consulting the Committee referred to in Article III-357. Every three years there shall be a partial replacement of the Judges and Advocates-General, the conditions contained in the Statute of the Court of Justice of the European Union. The Judges shall elect among their number for three years, renewable presi`. President of the Court of Justice. The mandate and the Court of Justice shall adopt its rules of `subjected all'approvaprocedura. That regulation and from the Council. Article III-356 (ex Article 224 TEC) `set the number of judges of the Court and the Statute of the Court of Justice of the European
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`Provide for the Court both Union. The charter can be assisted by Advocates-General. The members of the Court shall be chosen from persons whose independence is beyond doubt and who possess `for appointment to high giurisdiziola tional capacity. They are appointed by common accord of the governments of the Member States, after consulting the Committee referred to in Article III-357. Every three years there shall be a partial replacement of the Court. The Judges shall elect among their number for three years, renewable presi`. Tooth Court. The Court's mandate and adopt its rules of procedure in agreement with the Court of Justice. This regola` approval of the Council. chin and except as otherwise provided by statute, the provisions of the Constitution relating to the Court of Justice shall apply to the Court. Article III-357 (new) `set up a committee with the task of providing an opinion on candidates and perform the duties of Judge and Advocate General of the Court of Justice and the General Court before the governments of the Member States make the appointments in `Articles III-355 and III-356. conformity `` made up of seven personalities chosen the committee and among former members of the Court of Justice and the Court, members of national supreme courts and lawyers of recognized competence `proposed, one of which
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by the European Parliament. The Council adopts 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 Court of Justice. Article III-358 (ex Article 225 TEC) `jurisdiction at 1. The Court and first instance actions or proceedings referred to in Articles III-365, III-367, III-370, III-372 and III-374, except of those assigned to a specialized court set up under Article III-359 and those in the Statute of the Court of Justice of the euro` Union reserve to the Court of Justice. The statutes may provide for the Court to have jurisdiction for other classes of action. Decisions given by the High Court under this paragraph may be subject to appeal to the Court of Justice on points of law only, under the conditions and within the limits laid down by statute. `Jurisdiction to hear and RI2. The Court and courses brought against decisions of the specialized courts. Decisions given by the High Court under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute of the Court of Justice of the European Union, where there is
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`Or consistency of law dell'Ugravi risks that the combined Union being affected. `Jurisdiction in que3. The Court and a preliminary ruling, ruling under Article III369, in specific areas laid down by the Statute of the Court of Justice of the European Union. Where the High Court considers that the case requires a decision of principle likely to affect the U` or consistency of Union law, may postpone the `ned 'is procausa before the Court of Justice Directory to place announcements. Decisions given by the Court of questions may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where sussi` or consistency of law Stano serious risk of the Union are united compromised. Article III-359 (ex Article 225a TEC) `set up courts spe1. A European law may cialised joined the Court, and to hear and determine at first instance certain classes of action `adopted on a proposal brought in specific areas. And the Commission and after consulting the Court of Justice or at the request of the Court of Justice after consulting the Commission. 2. The European law establishing a specialized court shall lay down rules on the organization of the court and the extent of the jurisdiction conferred upon it.
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3. Decisions given by specialized courts may be subject to appeal before the Court only for reasons of law or, where no European law establishing the specialized court provides otherwise, also on matters of fact. 4. The members of the specialized courts shall be chosen from persons offering every guarantee of indipen` for the exercise of fundenza and who possess the ability tions courts. They are appointed by the Council, `. acting unanimously 5. The specialized courts shall establish their Rules of Procedure in agreement with the Court of Justice. `This regulation and the approval of the Council. 6. Unless otherwise provided by European law establishing a specialized court, the provisions of the Constitution relating to the Court of Justice of the European Union and the provisions of the Statute of the Court of Justice of the European Union shall apply to the specialized courts. Title I of the Statute and Article 64 thereof shall in any case apply to the specialized courts. Article III-360 (ex Article 226 TEC) The Commission considers that a Member State has failed to fulfill an obligation to `the Constitution, it shall deliver its obligations by virtue a reasoned opinion on the matter after giving the State the opportunity to submit observations.
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If the State concerned does not comply with the pa` rere in the period set by the Commission, the latter may bring the matter before the Court of Justice of the European Union. Article III-361 (ex Article 227 TEC) apply to the Court `Each Member State may of Justice if it considers that another Member State has failed in one of the` Costituobblighi upon it by virtue tion. A Member State, before proposing against another Member State a claim based on an alleged breach of the obligations incumbent upon it in the latter `the Constitution, it shall bring the Commisvirtu sion. The Commission shall deliver a reasoned opinion after the States concerned have been given the opportunity to submit written comments and oral adversarial. If the Commission has not delivered an opinion within three months of the application, the man` appeal to the absence of opinion shall not prevent the faculty Court. Article III-362 (ex Article 228 TEC) 1. If the Court of Justice finds that a Member State has failed to `one of its obligations by virtue` must take the Constitution, the State and
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measures to comply with the judgment of the Court. 2. If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment referred to in paragraph 1 shall entail, the Commission, after giving that State the opportunity to present osser` appeal to the Court of Justice of the euvazioni, can Union. It shall specify the amount of the lump sum or `to be paid by the Member State of the penalty concerned which it considers appropriate in the circumstances. The Court finds that the Member State `complied with the judgment it is not in question and` pronounced, can impose the payment of a `. lump sum or a penalty This procedure shall be without prejudice to Article III-361. 3. When the Commission brings a case before the Court of Justice `in Article III-360 that the State memvirtu State concerned has not fulfilled its obligation to notify measures transposing a framework law ', if it deems appropriate, specify the imeuropea, `can be paid port of the lump sum or penalty by the Member State concerned which it considers appropriate in the circumstances. `ComSe the Court finds an infringement it may undermine the Member State in question to pay` within the limits of a lump sum or a penalty amount specified by the Commission. `Payment due on the date set by the Court in its judgment. and
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Article III-363 (ex Article 229 TEC) European laws and regulations of the Council may give the Court of Justice of the European Union unlimited jurisdiction with regard to the penalties involving. Article III-364 (ex Article 229 TEC) Subject to the other provisions of Costitu` give the Court of tion, the European law may Justice of the European Union, to the extent that it shall determine, jurisdiction in disputes relating to the ' application of acts adopted under the Constitution which create European intellectual `. property Article III-365 (ex Article 230 TEC) 1. The Court of Justice of the European Union 'on the laws and laws carries out a European framework of legitimacy, acts of the Council, the Commission and the European Central Bank that is not' on acts other than recommendations or opinions as well as the European Parliament and the European Council intended to produce legal effects of `on third. Also supervises the legitimacy of acts of bodies, offices or agencies intended to produce legal effects on third parties.
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2. For the purposes of paragraph 1, the Court of Justice jurisdiction in del` ril'Unione European and courses for infringement of an essential procedural requirement, infringement of the Constitution or of any rule of law relating to its application, or misuse of power, brought by a Member State, the European Parliament, the Council or the Commission. `3. The Court of Justice of the European Union and jurisdiction under the conditions set out in paragraphs 1 and 2 in actions brought by the Court of Auditors, the European Central Bank and the Committee of the Regions for the purpose of protecting their prerogatives. `Pro4. Any natural or legal person may ask, under the conditions set out in paragraphs 1 and 2, institute proceedings against an act addressed to that person or which is of direct and individual concern, and against a regulatory act which is of direct concern and does not entail any measure Lead. 5. Acts setting up bodies and agencies of the Union 'may include conditions and modalities concerning actions brought by natural or legal persons against acts of these bodies or agencies intended to produce legal effects in their regard. 6. The proceedings provided for in this Article shall be instituted within two months, as appropriate, from the publication of the notification to the plaintiff or, failing that, from the day when the applicant has had access.
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Article III-366 (ex Article 231 TEC) `founded the Court of Justice delSe the action and the EU declares null and void the contested measure. However it, if it considers this necessary, state which of the effects of void shall be considered as definitive. Article III-367 (ex Article 232 TEC) Where, in violation of the Constitution, the European Parliament, the European Council, the Council, the Commission or the European Central Bank fail to act, the United States and the other EU institutions They may appeal to the Court of Justice of the European Union to have the infringement. This Article shall apply, under the same conditions, to bodies and agencies of the Union which fail to act. `Admissible only if the institution, and the appeal body or agency concerned has first been called upon to act. If, within a period of two months of that invitation, the institution, body or agency `being proposed did not take position, the action may within a further period of two months. `Apply to the Court Any natural or legal person may as provided in the first and second paragraphs, complain to an institution, body or agency DEL-
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the Union has failed to address to that person any act other than a recommendation or an opinion. Article III-368 (ex Article 233 TEC) The institution, body or agency whose act has been declared void or whose failure to act has been dichia` required to make installment contrary to the Constitution and the measures to comply with the judgment of the Court Justice of the European Union means. This obligation shall not affect any resulting from the application of Article III-431, second paragraph. Article III-369 (ex Article 234 TEC) `The Court of Justice of the European Union and competent to give preliminary rulings concerning: a) the interpretation of the Constitution, is the interpretation of the acts b) the validity of the institutions, organs and organisms. `DiQuando raised such a question and Nanzi a court of a Member State, 'when it considers necessary for that court can give judgment a decision on this point, asking the Court to rule on the issue. `Where such a question raised in a case like that and pending before a national court against whose decisions there is no judicial re-
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During a court of law, that giurisdi` shall bring the matter to the Court. tion and raised in a ` When a question like that and pending before a national court with regard to a person in custody, the ` fast as possible. Court shall act with the most
Articolo III-370 (ex articolo 235 TCE) ` La Corte di giustizia dell'Unione europea e competente a conoscere delle controversie relative al risarcimento dei danni di cui all'articolo III-431, secondo e terzo comma.
Articolo III-371 (ex articolo 46, lettera e) TUE) ` competente a pronunLa Corte di giustizia e ` di un atto adottato dal Consiciarsi sulla legittimita glio europeo o dal Consiglio a norma dell'articolo I-59 unicamente su domanda dello Stato membro oggetto di una constatazione del Consiglio europeo o del Consiglio e per quanto concerne il rispetto delle sole prescrizioni di carattere procedurale previste dal suddetto articolo. La domanda deve essere formulata entro il termine di un mese a decorrere da detta constatazione. La Corte statuisce entro il termine di un mese a decorrere dalla data della domanda.
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Article III-372 (ex Article 236 TEC) `The Court of Justice of the European Union and have jurisdiction in any dispute between the Union and its servants within the limits and conditions laid down by the Staff Union and the Conditions of Employment of Other Servants of the Union. Article III-373 (ex Article 237 TEC) `The Court of Justice of the European Union and shall, within the limits hereinafter laid down, have jurisdiction in disputes concerning: a) fulfillment of the obligations of Member States under the Statute of the European Bank for investments. The Board of Directors of the Bank shall enjoy the powers conferred upon the Commission by Article III-360; b) adopted by the Board of Governors of the European Investment Bank. Each Member State, the Commission or the Board of Directors of the Bank may institute proceedings under the conditions laid down in Article III-365; c) adopted by the Board of Directors of the European Investment Bank. Proceedings against such measures may be proposed, the conditions set out in Article III-365, only by Member States or by the Commission and only for
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violation of Article 19, paragraphs 2, 5, 6 and 7 of the Statute of the Bank; d) the fulfillment by national central banks of obligations under the Constitution and the Statute of the European System of Central Banks and of the European Central Bank. The Governing Council of the European Central Bank in this regard against the national central banks, the powers conferred on the Commission by Article III-360 against the Member States. If the Court of Justice of the European Union finds that a national central bank has failed to fulfill an obligation to `the Constitution, that bank its obligations by virtue` required to take the measures and the execution of the judgment of the Court. Article III-374 (ex Article 238 TEC) `The Court of Justice of the European Union and` a clause comcompetente judging by virtue promissory contained in a contract governed by public or private law entered into by or on behalf of,. Article III-375 (ex Articles 240, 239 and 292 TEC) 1. Without prejudice to the powers of the Court of Justice of the European Union by the Constitution, disputes to which the Union is a party shall not on that ground be excluded from the competence of national courts.
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2. 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. `Jurisdiction in 3. The Court of Justice of any dispute between Member States which relates to the subject matter of the Constitution if the con` a comprotroversia is submitted by virtue put. Article III-376 `The Court of Justice of the European Union is not competent with respect to Articles I-40 and I-41, the provisions of Title V, Chapter II relating to the common foreign and security policy and Article III-293 with regard to foreign policy and security policy. `Jurisdiction to monitor riTuttavia the Court and respect to Article III-308 and to rule on proceedings, brought in accordance with the conditions set out in Article III365, paragraph 4, concerning the control of legitti` of European decisions providing for restrictive measures Remita against natural or legal persons adopted by the Council under Title V, Chapter II. Article III-377 (ex Article 35, paragraph 5, TEU) In exercising its powers regarding the provisions of Sections 4 and 5 of Title III, Chapter IV ', security and justice, concerning the area of ??freedom
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`COMLA Court of Justice of the European Union and not` `or the proportionality of jurisdiction to examine the validity of transactions carried out by the police or other law enforcement services of a State` incumbent member or the exercise of the responsibility to Member Members for the maintenance of public order and safeguarding internal security. Article III-378 (ex Article 241 TEC) `in the event of a dispute that puts into question an act of general application adopted by an institution, organ or agency of the Union, each`, notwithstanding the expiry of the deadline can Article III-365, paragraph 6, plead the grounds specified in Article III-365, paragraph 2, to invoke before the Court of Justice of the European Union `the act itself. the inapplicability Article III-379 (ex Articles 242 and 243 TEC) 1. Actions brought before the Court of Justice of the European Union does not have suspensive effect. Tut`, if it considers that circumstances ever, the Court may require, order the suspension of the contested act. 2. The Court of Justice of the European Union, in order `provcause the measures that are proposed, can sional necessary.
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Article III-380 (ex Article 244 TEC) The judgments of the Court of Justice of the European Union shall be enforceable under the conditions laid down in Article III-401. Article III-381 (ex Article 245 TEC) The Statute of the Court of Justice `with an established protocol. European and `amend the provisions European law can the Statute, with the exception of Title I and Article` adopted at the request of the Court of Justice 64. It ee after consulting the Commission or on a proposal from the Commission and after consulting the Court of Justice. Subsection 6 The European Central Bank Article III-382 (ex Article 112 TEC) 1. The Governing Council of the ECB eu` composed of the members of the executive committee of the Union and the European Central Bank and the Governors of the national central banks of the Member States without a derogation under Article III-197. `Comprise the President, 2. The Executive Board and the Vice-President and four other members.
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The President, the Vice President and other members of the Executive Board are appointed from among persons of recognized standing and professional experience in monetary or banking matters by the European Council acting by a qualified majority on a recommendation from the Council and after consulting the European Parliament and of Council of the European Central Bank. `Their term of office shall be eight years and is not renewable. Only nationals of Member States may be members of the executive committee. Article III-383 (ex Article 113 TEC) 1. The President of the Council and a member of the Commission may participate, without vote, in meetings of the Governing Council of the European Central Bank. `Submit a moil prime minister can tion to the resolution of the Council of the European Central Bank. `In2. The President of the European Central Bank and vineyard to attend meetings of the Council when it is discussing matters relating to the objectives and tasks of the European System of Central Banks. 3. The European Central Bank shall forward to the European Parliament, the European Council, the Council and the Commission `an annual report on the activity of the European System of Central Banks and on the monetary policy of both the previous and the current year.
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The President of the European Central Bank shall present this `proceed on a report to the European Parliament, which may hold a general debate on that basis, and to the Council. The President of the European Central Bank and the other members of the Executive Board may, at the request of the European Parliament or on its own initiative, be heard by the competent bodies of the European Parliament. Subsection 7 The Court of Auditors Article III-384 (ex Article 248 TEC) 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 any body or agency set up by the Union insofar as the instrument establishing that body, office or agency does not preclude such examination. The Court of Auditors provides the European Parliament and the Council with a statement of assurance on the accounts and the legitimacy affida` is the regularity of the `` relabilita published in the Official uffitive operations, and that `esciale European Union. Such a declaration may evenings supplemented by specific assessments for each `Union. major area of ??activity is the re2. The Court of Auditors checks the legitimacy 'of revenue and expenditure, and shall ensure good financial gegolarita question. In doing so, riferi`. utes in particular on any cases of irregularities
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The audit of revenue shall be made on the basis of the findings and the payments to the Union. The audit of expenditure shall be made on the basis of commitments and payments. 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 `on the spot in the other istiquanto, in case of need tions, on the premises of any body or agency which manages revenue or expenditure on behalf of the Union and in the United States, including the premises of any natural or legal persons who receive contributions from the budget. The audit in the Member States is carried out in collaboration with the 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 institutions 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 participate in the audit. Other institutions, bodies, offices or agencies managing revenue or expenditure on behalf of, the natural or legal persons who receive contributions from the budget and the national audit bodies or, if these do not have the necessary powers, the national shall notify the Court of Auditors, at its request, any document or information necessary to carry out its task.
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`European Bank As for the activities for investment in relation to the management of revenue and expenditure of the Union, the right of the Court of Auditors' access to information held by the Bank and governed by an agreement between the Court of accounts, the Bank and the Commission. In the absence of an agreement, the Court of Auditors shall nevertheless have access to information necessary for monitoring revenue and expenditure managed by the Bank. 4. After the close of each financial year, the Court `tradei Auditors shall draw up an annual report. This `and published in the other institutions and Gazsmessa and Journal of the European Union, together with the replies of these institutions to the observations of the Court of Auditors. `Also, at any time The Court of Auditors may comment on specific issues in the form, in particular, of special reports 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 members that the com` to set in place. However, it has the possibility its internal chambers to adopt certain categories of reports or opinions under the conditions laid down in the rules of procedure. It shall assist the European Parliament and the Council in exercising their powers of control over the budget. It shall adopt its rules of procedure. This rego` approval of the Council. and lament
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Article III-385 (ex Article 247 TEC) 1. The members of the Court of Auditors shall be chosen from `who belong or have belonged in rispetpersonalita tives States, the external audit bodies or who are especially qualified for this office. They must offer every guarantee of independence. 2. The members of the Court of Auditors are appointed for a renewable `. The six years. Their mandate and the Council adopts 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 among themselves, `renewable. for three years, the president. Its mandate and 3. In the performance of their duties, the members 'accept istrudella Court of Auditors shall neither seek it' from any government it from any other body. They shall refrain from any action incompatible with their duties. 4. Members of the Court of Auditors may not, during their term of office, engage in any other atti` professional, paid or unpaid. Since dall'insediavita chin, take the solemn undertaking that, for the duration of their duties and after cessation of these, the obligations arising therefrom, and in partico` and discretion as regards the duties thereof of the honest ' acceptance, after such termination, of certain appointments or benefits.
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5. Apart from normal replacement or death, the duties of a member of the Court of Auditors shall end when he resigns voluntarily or compulsorily retired declared by the Court of Justice pursuant to paragraph 6. ` replaced for the remainder of the person concerned and mandate. Except in the case of compulsory retirement, members of the Court of Auditors shall remain in office until provision is made for their replacement. 6. The members of the Court of Auditors may be deprived of his office or be declared deprived of the right to a pension or other benefits in its stead only if the Court of Justice, on ri` poschiesta in the Court of Auditors, who are no longer ` the sex of the requirements or do not meet more obligations arising therefrom.
SECTION 2 THE UNION'S ADVISORY BODIES Subsection 1 The Committee of the Regions Article III - 386 ( ex Article 263 TEC) The number of members of the Committee of re` more than three hundred and fifty. The Consigioni not
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`On a proposal of the Council, acting unanimously Commission, adopt a European decision determining the Committee's composition. The members of the Committee and an equal number of sup` alternates shall be appointed for five years. Their term of office, renewable. They can not be simultaneously members of the European Parliament. The Council shall adopt the European decision establishing the list of members and alternates drawn up in accordance with the proposals made by each Member State. When the mandate referred to in Article I-32, `which have been proposed, the manparagrafo 2 given by virtue of the members of the Committee shall terminate automatically and they shall then be replaced for the remainder of that term under the same procedure. Article III-387 (ex Article 264 TEC) The Committee of the Regions shall elect from among the members the President and the Bureau for a term of two and a half years. `Convened by its chairman at the request of the Esso and the European Parliament, the Council or the Commis` altresi 'meet on its own initiative. sion. It it can adopt its rules of procedure. Article III-388 (ex Article 265 TEC) The European Parliament, the Council or Commission consult the Committee of the Regions in
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cases provided for in the Constitution and in all other cases in which one of these institutions considers it appropriate, in particular those which concern cross-border cooperation. If it considers it necessary, the European Parliament, the Council or the Commission set the Committee, for the submission of its opinion, a time limit to `be less than one month from the date of the communication can not forwarded for that purpose not to presi` take tooth. Upon expiry of the time limit you can account the absence of opinion. `ConsulQuando the Economic and Social Committee and Treaty, the European Parliament, the Council or the Commission shall inform the Committee of the Regions of the request for an opinion. The Committee of the Regions, if he considers `forks specific regional interests are involved, it can also make` give an opinion on the matter. It can an opinion on its own initiative. `Forwarded to Parliament and the opinion of the European Parliament, the Council and the Commission, together with a record of its proceedings. Subsection 2 The Economic and Social Committee Article III-389 (ex Article 258 TEC) The number of members of the Economic `more than three hundred and fifty. And not the social and
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` On a proposal from the Council, acting unanimously by the Commission, it shall adopt a European decision determining the Committee's composition.
Article III - 390 ( ex Article 259 TEC) The members of the Economic and Social Committee ` rinsono appointed for five years. Their mandate and newable. The Council shall adopt the European decision establishing the list of members drawn up in accordance with the proposals made by each Member State. The Council shall act after consulting the ` seek the advice of orgaCommissione. It can European organizations representing the various sectors interested daleconomici ` civil and social and society ` Union. the activity
Article III - 391 ( ex Article 260 TEC) The Economic and Social Committee members elect the President and the Bureau for a term of two and a half years. ` Convened by its chairman at the request of the Esso and the European Parliament, the Council or the Commis` altresi ' meet on its own initiative. sion. It it can adopt its rules of procedure.
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Article III - 392 ( ex Article 262 TEC) The European Parliament, the Council or Commission consult the Economic and Social Committee in the cases provided by the Constitution. These institutions may be consulted in all cases in which they consider it appropriate to also `. The Committee may issue an opinion on its own initiative. If it considers it necessary, the European Parliament, the Council or the Commission set the Committee, for the submission of its opinion, a time limit to ` be less than one month from the date of the communication can not forwarded for that purpose not to presi` take tooth. Upon expiry of the time limit you can account the absence of opinion. ` Forwarded to Parliament and the opinion of the European Parliament, the Council and the Commission, together with a record of its proceedings.
SECTION 3 THE EUROPEAN INVESTMENT BANK Article III - 393 ( ex Article 266 TEC) The European Investment Bank has perso` analyte legal. Its members are the Member States .
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The Statute of the European Investment Bank is the subject of a protocol. `Change A European law of the Council may the statute of the European Investment Bank. The `at the request of the Council shall act unanimously European Investment Bank and after consulting the European Parliament and the Commission on a proposal from the Commission and after consulting the European Parliament and the European Investment Bank. Article III-394 (ex Article 267 TEC) The European Investment Bank's task is to contribute, by having recourse to the capital market and utilizing its own resources, to the balanced and steady development of the internal market in the Union. To this end, it facilitates, in particular through the provision of loans and guarantees, without pursuing profit-making, the financing of the following projects in all sectors of the economy: a) projects for the exploitation of the less developed regions; b) projects for modernizing or converting undertakings or the creation of new `induced activity or functioning of the internal market, size or nature, can not be fully insured by the various means of financing available in the individual States States;
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`C) projects of common interest to most Member States such a size or nature, can not be fully insured by the various means of financing available in the individual Member States. In carrying out its task, the European Investment Bank shall facilitate the financing of investment programs in conjunction with inter` structural and other funds to struventi purposes cial Union. SECTION 4 PROVISIONS COMMON TO UNION INSTITUTIONS, BODIES AND AGENCIES Article III-395 (ex Article 250 TEC) `the Constitution, resolves 1. When, in virtue 'of a proposal from the Commission, the Council may amend that proposal only by acting to' unani`, except in the cases referred to in Articles I-55 and I-56, mita Article III-396, paragraphs 10 and 13, Article III-404 and III-405, paragraph 2. 'the Council has not acted, the 2. As long as `alter its proposal at any time during the procedures the Commission may lead to the adoption of a Union act. Article III-396 (ex Article 251 TEC) `the Constitution, laws or 1. When, in virtue European framework laws shall be adopted in accordance with the procedure
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It lasts ordinary legislative, the provisions that follow. 2. The Commission shall submit a proposal to the European Parliament and the Council. First reading 3. The European Parliament adopted its position at first reading and communicate it to the Council. 4. If the Council approves the position of Parla` formento adopted in the European, the act in question and formulation corresponding to the position of the European Parliament. 5. If the Council 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 shall inform the European Parliament 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 Council's position at first 'decision, the act in question and sidera conlettura or not adopted in the wording which corresponds to Council's position; b) reject the Council's position at first reading by a majority of its component members, the proposed act shall be deemed not to have been adopted;
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c) proposes amendments to the Council's position at first reading by a majority of members `` directly disclose amended and compose the text so cate to the Council and the Commission which shall deliver an opinion on those amendments. 8. If, within three months of receiving the European Parliament's amendments, the Council, acting by a qualified majority: a) approves all those amendments, the act in question shall be deemed adopted; b) does not approve all the amendments, the President of the Council, in agreement with the President of the European Parliament, within six weeks convene the Conciliation Committee. `Emen9 on. The Council shall act unanimously ments on which the Commission has delivered a negative opinion. Conciliation 10. The Conciliation Committee, which brings together members of the Council or their representatives and an equal number of members representing the European Parliament, has the task of reaching agreement on a joint text by a qualified majority of the members of the Council or their representatives and by a majority of the members representing the European Parliament within six weeks of its being convened, based on the positions of the European Parliament and the Council at second reading.
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11. The Commission participates in the work of the Conciliation Committee and take all necessary initiatives with a view to reconciling the position of the European Parliament and the Council. 12. If, within six weeks of its being convened, the Conciliation Committee does not approve a joint text, the proposed act shall be deemed not adopted. Third reading 13. If, within that period, the Conciliation Committee approves a joint text, the European Parliament and the Council shall each have a period of six weeks from the approval to adopt the act in question in accordance with the joint ; Parliament shall act by a majority of the votes cast and the Council by qualified majority. In the absence of a decision, the act in question is deemed not adopted. 14. The periods of three months and six weeks referred to in this Article shall be extended by one month and two weeks at most, on the initiative of the European Parliament or the Council. Special provisions 15. Where, in the cases provided by the Constitution, `subject to proceuna law or framework law and takes the ordinary legislative initiative of a group of Member States, on the recommendation of the European Central Bank or at the request of the Court of Justice, the para -
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paragraph 2, paragraph 6, second sentence and paragraph 9 shall not apply. In such cases, the European Parliament and the Council shall communicate to the Commission the proposed act with their positions at first and second readings. The `ask the European paParlamento or the Council may rere of the Commission throughout the procedure, pa` altresi` deliver on its own rere that the Commission `may also pariniziativa. If it deems it necessary, it may pate in the Conciliation Committee in accordance with paragraph 11. Article III-397 (ex Article 218 TEC and new provision) The European Parliament, the Council and the Commission shall consult each other and by common de` of coofiniscono the mode-operation agreement. For this purpose, in accordance with the Constitution, conclude interinstitutional agreements which may be of a binding nature. Article III-398 (new) 1. In carrying out their missions, the institutions, bodies, offices and agencies are based on an open, efficient and independent. 2. European laws shall establish provisions to that end, in compliance with the statutes and rules adopted pursuant to Article III-427.
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Article III-399 (ex Article 255 TEC) 1. The institutions, bodies, offices and agencies shall ensure transparency in their work and shall in their rules, pursuant to Article I-50, the specific provisions regarding access public access to their documents. The Court of Justice of the European Union, the European Central Bank and the European Investment Bank are subject to Article I-50, paragraph 3 and in this' exercise functions only when ammiarticolo tive. 2. The European Parliament and the Council provve` documents relating to proceed to the publicity harsh laws in compliance with the conditions laid down by the European law referred to in Article I-50, paragraph 3. Article III-400 (ex Article 210, paragraph 8 and Article 258, last paragraph, TEC) 1. The Council shall adopt European regulations and decisions determining: `and pensions Presia) the salaries, allowances tooth of the European Council, the President of the Commission, the Minister for Foreign Affairs , members of the Commission, the Presidents, members and Registrars of the Court of Justice dell'U' Connione the Secretary General of the European Council as well; b) the conditions of employment, in particular sti` and pensions of the President and Members of the slopes, allowances of the Court of Auditors;
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` sostitutive di retribuzione c) tutte le indennita delle persone di cui alle lettere a) e b). 2. Il Consiglio adotta regolamenti e decisioni euro` dei membri del Comitato pei che fissano le indennita economico e sociale. Articolo III-401 (ex articolo 256 TCE) Gli atti del Consiglio, della Commissione o della Banca centrale europea che comportano, a carico di persone che non siano gli Stati membri, un obbligo pecuniario costituiscono titolo esecutivo. ` regolata dalle norme di L'esecuzione forzata e procedura civile vigenti nello Stato membro sul cui ter` apposta, ritorio viene effettuata. La formula esecutiva e ` del titolo, dalcon la sola verificazione dell'autenticita ` nazionale che il governo di ciascuno degli l'autorita Stati membri designa a tal fine, informandone la Commissione e la Corte di giustizia dell'Unione europea. ` a richiesta dell'interessato, Assolte tali formalita ` ottenere l'esecuzione forzata richiequest'ultimo puo ` competente, secondo dendola direttamente all'autorita la legislazione nazionale. ` essere sospesa soltanto L'esecuzione forzata puo ` di una decisione della Corte di giustizia dell'Uin virtu ` nione europea. Tuttavia, il controllo della regolarita ` di competenza delle giudelle disposizioni esecutive e risdizioni nazionali.
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CHAPTER II FINANCIAL PROVISIONS SECTION 1 THE MULTIANNUAL FINANCIAL FRAMEWORK Article III - 402 ( new) ` established 1. The multiannual financial framework and for a period of at least five years in accordance with Article I- 55. 2. The financial framework shall determine 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, limited in number, ` Union. correspond to the major fields of activity 3. The financial framework shall lay down any other provisions required for the smooth running of the annual budgetary procedure. 4. Where no European law of the Council determining 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 shall be extended until such time as that law. 37
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Declaration on Article III - 402, paragraph 4: " Article III - 402, paragraph 4 provides that where no European law of the Council determining a new financial framework has been adopted by the end of the previous financial framework
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5. Throughout the procedure for adoption of the financial framework, the European Parliament, the Council 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 - 403 ( ex Article 272 TEC ) The financial year begins on 1 January and closes on December 31. Article III - 404 ( ex Article 272 TEC ) European laws shall establish the annual budget ` in accordance with the provisions in apdell'Unione at. 1. Each institution shall, before 1 July, draw up estimates of its expenditure for the following financial year. The Commission shall consolidate these estimates in a draft budget, ` contain different estimates. that can
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tooth, the ceilings and other provisions corresponding to the last year are extended until that law. The Conference states that if no European law of the Council determining a new financial framework has been adopted by 2006, when the Act of Accession of 16 April 2003 provides for a period of gradual allocation of appropriations to the new Member States ending in 2006, from ` established in 2007 according to the same allocation of funds will be applied criteria to all Member States " .
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This project includes an estimate of revenue and an estimate of expenditure. 2. The Commission shall submit a proposal containing the draft budget to the European Parliament and the Council not later than 1 September of the year preceding that in which the budget. `Amend the draft Bila Commission may launch during the procedure, until the convening of the Conciliation Committee referred to in paragraph 5. 3. The Council shall adopt its position on the draft budget and forward it to the European Parliament not later than 1 October the year preceding that of the budget. It 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 Council's position, the law `adopted; European establishing the budget and b) has not acted, the European law establishing the budget is deemed adopted; c) adopt, by a majority of its component members, amendments, the amended draft `transmitted to the Council and the Commission. It presided over the tooth of the European Parliament, in agreement with the President of the Council, shall immediately convene the Conciliation Committee. However, the Conciliation Committee does not meet if, within ten days of the draft being forwarded the Council informs the European Parliament that approves all the amendments.
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5. The Conciliation Committee, which brings together members of the Council or their representatives and an equal number of representatives of the European Parliament, has the task of reaching, based on the positions of the European Parliament and the Council to agree on a joint text, by a qualified majority the members of the Council or their representatives and by a majority of the representatives of the European Parliament, within twenty-one days of its being convened. The Commission participates in the work of the Conciliation Committee and take all necessary initiatives with a view to reconciling the position of the European Parliament and the Council. 6. If, within the twenty-one days referred to in paragraph 5, the Conciliation Committee reaches agreement on a joint text, the European Parliament and the Council shall each have a period of fourteen days from the date of that agreement to approve the joint. 7. If, within the period of fourteen days referred to in paragraph 6: a) both the European Parliament and the Council both approve the joint text or fail to act, or if one of these institutions approves the joint text while the other does not can decide, the European law establishing the budget shall be deemed definitiva` of the joint, or; mind adopted in accordance b) either the European Parliament, by a majority of its component members, and the Council both reject the joint text, or if one of these institutions rejects the joint text while the al
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between can not resolve, the Commission shall submit a new draft budget, or; c) the European Parliament, by a majority of its component members, rejects the joint text while the Council approves it, the Commission shall submit a new draft budget, or; d) the European Parliament approves the joint text whilst the Council rejects it, the `, within the European quatParlamento can tordici days from the date of the rejection by the Council and by a majority of its component members and three fifths of the votes cast, decide to confirm all of the amendments referred to in paragraph 4, letter c) or any part thereof. If an amendment of the `confirmed, and` European manteParlamento not Nuta the position agreed within the Conciliation Committee on the budget line subject of the amendment. The European law establishing the budget shall be deemed to be definitively adopted on this basis. 8. If, within twenty-one days referred to in paragraph 5, the Conciliation Committee does not reach an agreement on a joint text, the Commission shall submit a new draft budget. `9. When the procedure referred to in this article and completed, the President of the European Parliament notes
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` Definiche the European law establishing the budget and adopted tively. 10. Each institution shall exercise the powers conferred upon it under this Article in compliance with the Constitution and the acts adopted thereunder, with particular regard to the Union's own resources and the balance between revenue and expenditure.
Article III-405 (ex Article 273 TEC) 1. If at the beginning of the financial year was the `European law establishing the budget is not finally adopted, expenditure may be made monthly per chapter in accordance with the European law referred to ' Article III-412, to a maximum of one twelfth of the appropriations entered in the chapter in question of the previous financial year, exceed one twelfth of the appropriations provided for in the same chapter of the draft budget. 2. The Council, on a proposal from the Commission and subject to the conditions set out in paragraph 1, `adopt a European decision authorizing expenditure can` of in excess of one twelfth in accordance with the European law referred to in Article III-412. It shall forward it immediately to the European Parliament. European decision shall lay down the necessary measures relating to resources to ensure application of this Article, in accordance with the European laws referred to in Article I-54, paragraphs 3 and 4.
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It shall enter into force thirty days following its adoption if, within that period, the European Parliament, acting by a majority of its component members, has not decided to reduce this expenditure.
Article III - 406 ( ex Article 271 TEC) under conditions laid down by the European law referred to in Article III - 412, 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, and only this. Appropriations shall be classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided ` the European law referred all'articoin compliance the III - 412. The expenditure of the European Parliament, the European Council and the Council, the Commission, the Court of Justice of the European Union are in separate sections of the budget, without prejudice to special arrangements for certain common expenses .
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SECTION 3 IMPLEMENTATION OF THE BUDGET AND DISCHARGE Article III-407 (ex Article 274 TEC) `implement the budget in cooperation with the Commission by the Member States, in accordance with the European law referred to in Article III-412, under its king is within the limits of the appropriations allocated, RESPONSIBILITIES ENTAILED `the principle of sound management finanziain accordance ria. Member States shall cooperate with the Commission to ensure that the appropriations are used in `of that principle. conformity The European law referred to in Article III-412 lays down the obligations of control and audit obligations of Member States in implementing the budget and re` thereof. It lays responsabisponsabilita `` mode and special rules for each istilita institution concerning its part in effecting its own expenditure. `ProAll'interno the budget, the Commission may assign, within the limits and conditions laid down by the European law referred to in Article III-412, transfer appropriations from one chapter to another or from one subdivision to another. Article III-408 (ex Article 275 TEC) Each year the Commission shall submit to the European Parliament and the Council the accounts of the previous year relating to the implementation of the budget. Moreover
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three, to them a financial statement of the assets and liabilities of the Union. The Commission shall also submit to the European Parliament and the Council an evaluation report on the Union's finances based on the results achieved, in particular with respect to the indications given by the European Parliament and the Council under Article III-409. Article III-409 (ex Article 276 TEC) 1. The European Parliament, upon a recommendation from the Commission to act `dell'esecudel Council, of the budget. For this purpose, shall, after the Council has done so, the financial statement and the evaluation report referred to in Article III408, the annual report of the Court of Auditors, together with the replies of the institutions under audit to the observations of the Court, the states `referred to in Article III-384, preparation of reliability graph 1, second subparagraph 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, `ask to hear the Parliament can Commission on the execution of expenditure or the operation of the systems financial control. The Commission shall provide the European Parliament, at the latter's request, all the necessary information.
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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, ' the comments accompanying the recommendations on discharge adopted by the Council as well. 4. The Commission, at the request of the European Parliament or the Council, shall report on the measures taken in the light of these observations and comments and in particular on the instructions given to the departments responsible for implementing the budget. These re` the Court of Auditors. lations are transmitted altresi
SECTION 4 COMMON PROVISIONS Article III - 410 ( ex Article 277 TEC) The multiannual financial framework and the annual budget shall be established in euro. Article III - 411 ( ex Article 278 TEC) `, it notifies the Commission may ` Member States' competent authorities interesalle sati, transfer into the currency of one of the Member States its holdings in the currency of another Member State, to the extent necessary to their use for the purposes intended by the Constitution .
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The Commission avoids as much as possible, making such transfers where it has cash or liquid assets in the currencies which it needs. The Commission shall communicate with each Member `they demembri concerned via signata of authority. Carrying out financial operations, recourse to the bank of issue of the Member State concerned or of any other financial institution approved by that State. Article III-412 (ex Article 279 TEC) 1. European laws shall establish: a) the financial rules which determine in parti` all'esecucolare related to training and the modalities of the budget and for presenting and auditing accounts; b) rules providing for checks on the `of financial actors, in particular deresponsabilita authorizing officers and accounting officers. `The law adopted after consultation of the European Court of Auditors. 2. The Council, on a proposal from the Commis`e sion, a European regulation laying down the modalities the procedure whereby the budget revenue provided under the arrangements of the Union's own resources are made available to the Commission and determine the measures to be applied to meet any cash requirements. It shall act after consulting the European Parliament and the Court of Auditors.
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` Until 31 3. The Council shall act unanimously December 2006 in all the cases covered by this article.
Article III - 413 ( new)
The European Parliament, the Council and the Com` means finanmissione ensure the availability cial to allow the Union to fulfill its legal obligations towards third parties.
Article III - 414 ( new)
Are convened regularly, on the initiative of the Commission, meetings between the Presidents of the European Parliament, the Council and the Commission under the budgetary procedures referred to in this Chapter. The Presidents shall take all necessary steps to promote consultation and the reconciliation of the positions of the institutions over which they preside in order to facilitate the implementation of this Chapter.
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SECTION 5 COMBATING FRAUD Article III-415 (ex Article 280 TEC) 1. The Union and the Member States fight the unlawful `affecting the intefrode and other activities of the financial interests through measures taken in accordance with this Article. Such measures shall be dissuasive and offer effective protection in the Member States and institutions, bodies, offices and agencies. 2. In order to combat fraud affecting the financial interests of the Union, Member States shall take the same measures they take to counter fraud affecting their own financial interests. 3. Notwithstanding other provisions of the Constitution, the Member States coordinate their action aimed at protecting the Union's financial interests against fraud. To this end they shall organize, with the Commission, close `competent. and regular cooperation between the authorities 4. European laws or framework laws shall establish the necessary measures in the areas of prevention and fight against fraud affecting the financial interests of the Union, in order to provide an effective and equivalent protection in all Member States and institutions, or` adopted after consulgani offices and agencies. And interpretation of the Court of Auditors.
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5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and the Council a report on the measures taken for the implementation of this article.
CHAPTER III ENHANCED COOPERATION Article III - 416 ( ex Article 43, letter b, e and f, TEU) Any enhanced cooperation shall comply with the Constitution and Union law. ' To the market, they can not harm them ' to economic, social and territointerno it ' a discririale. They shall not constitute an obstacle it ' posminazione trade between Member States, are distort competition between them. Article III - 417 ( ex Article 43, letter h, and article 44, paragraph 2, TEU) Any enhanced cooperation shall respect the competences, rights and obligations of Member States which do not participate. These shall not impede its implementation by the Member States participating .
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Article III-418 (ex Article 43B TEU and new provisions) 1. When enhanced cooperation is open to all Member States, subject to compliance with any conditions of participation laid down by the European authorizing decision. Participation in cooperation also be open at any other time, subject to compliance, as well as the even` adottuali above conditions, acts already tati in this area. The Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible. 2. The Commission and, where appropriate, the Minister for Foreign Affairs, regularly inform the European Parliament and the Council regarding developments in enhanced cooperation. Article III-419 (ex articles 27C and 40A TEU and Article 11, paragraphs 1 and 2, TEC) 38 1. Member States which wish to establish enhanced cooperation between themselves in one of the sets ---------- ------
Declaration on Article III - 419 " The Conference declares that Member States, when they make a request to establish enhanced cooperation,
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bulls covered by the Constitution, except the areas of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The `submit to the Council a propoCommissione can is about. If the Commission does not submit a proposal, it informs the Member States concerned of the reasons for that decision. The authorization to proceed with cooperation `granted by a decision of the European Council reinforced and acting on a proposal from the Commission and after approval by the European Parliament. 2. The request of the Member States which wish to establish enhanced cooperation between themselves in qua` presendro the Common Foreign and Security Policy and the Minister of aftata `transmitted to the Council. It headlights and foreign Union, expressing an opinion on the consistency of the enhanced cooperation proposed by the Common Foreign and Security Policy of the Union, and the Commission, which shall give its opinion in particular on the consistency of the enhanced cooperation proposed `also the TRACON other EU policies. Mitted to it and to the European Parliament. The authorization to proceed with cooperation `granted by a European decision of the strengthened and`. Council acting unanimously
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` At that stage to make use dell'arpossono whether already in Article III - 422 providing for the extension of qualified majority voting or the ordinary legislative procedure " .
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Article III-420 (ex Article 11A TCE and articles 27E and 40B TEU) 1. Any Member State that wishes to participate in enhanced cooperation in progress in one of the areas covered by Article III-419, paragraph 1, notify its intention to Council and the Commission. The Commission shall, within a period of four months from the date of receipt of the notification, confirm the participation of the Member State in question. It shall note where necessary that the conditions of participation have been fulfilled and shall adopt temporary measures adopted within necessa` sary for the application of the acts already enhanced cooperation. However, if the Commission considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfill those conditions and shall set a deadline for re- examining the request. At the end of that `the term, it shall review the request in accordance with the procedure referred to in the second paragraph. If the Commission considers that the conditions of participation have still not been met, the Member State concerned `refer the matter to the Council, which pronunpuo cia on request. The Council shall act in accordance `also adopt on Article I-44, paragraph 3. Can the Commission proposal, the transitional measures referred to in the second paragraph. 2. Any Member State that wishes to participate in enhanced cooperation in progress in the framework of the common foreign and security policy shall notify its intention
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tion to the Council, the Minister for Foreign Affairs and the Commission. The Council shall confirm the participation of the Member State concerned, after consulting the Minister for Foreign Affairs and after noting, where necessary, that the conditions of participation have been fulfilled. The Council, on a proposal of the minister ` also adopt for Foreign Affairs, may transitional measures necessary for the implementation of the ` adopted under the cooperation rafforatti already Zata. However, if the Council considers that the conditions of participation have not been fulfilled, it shall indicate the arrangements to be adopted to fulfill those conditions and shall set a deadline for re-examining the request for participation. For the purposes of this paragraph, the Council deli` and in accordance with Article I- 44, paragraph 3 bera unanimously.
Article III - 421 ( ex Article 44A TEU) Expenditure resulting from implementation of enhanced cooperation, other than administrative costs that must support the institutions, shall be borne by the participating Member States, unless the Council, ` the members prior to consuldeliberando ' unanimity tation of the European Parliament, decide otherwise .
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Article III-422 (new) 1. Where a provision of the Constitution `be applied in the context of a strengthened cooperache can tion provides that the Council should act al`, the Council, acting unanimously` `the unanimity referred to in Article Iconformemente mode to `adopt a European decision 44, paragraph 3, can` majority provides qualifications who will decide ed. 2. Where a provision of the Constitution that `be applied in the context of enhanced cooperation stipulates that the Council may adopt laws or framework laws in accordance with a procedure legi` slativa special, the Council, acting unanimously 'in Article I-44, in accordance with the mode `adopt a European decision paragraph 3, can` in accordance with the procedure legislaprevede who will decide tive ordinary. The Council shall act after consulting the European Parliament. 3. Paragraphs 1 and 2 shall not apply to decisions with military implications or those in the defense sector. Article III-423 (ex Article 45 TEU) The Council and the Commission shall ensure the consistency of activities undertaken in the framework of enhanced cooperation and the consistency of such activities
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with EU policies, and shall cooperate to that end.
TITLE VII COMMON PROVISIONS Article III-424 (ex Article 299, paragraph 2, TEC) Taking account of the structural social and economic situation of Guadeloupe, French Guiana, Martinique, Reunion, the Azores, Madeira and the Canary Islands, which is compounded by `, from small size, remoteness, insularity difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, on a proposal from the Commission, shall adopt laws , framework laws, regulations and decisions aimed, in particular, to determine the conditions of application of the Constitution to those regions, including common policies. It shall act after consulting the European Parliament. The acts mentioned in the first paragraph concern in particular the customs and trade policies, fiscal policy, free zones, policies on agriculture and fisheries, conditions for supply of raw materials and essential consumer goods, aid `strutStato of and conditions for accessing funds in tural purposes and to horizontal Union programs.
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The Council shall adopt the acts referred to in the first paragraph taking into account the characteristics and constraints of the outermost regions without undermining the coherence of the legal system is the integrity the Union, including the internal market and common policies. Article III-425 (ex Article 295 TEC) The Constitution in no way prejudice 'in Member States. the regime of property Article III-426 (ex Article 282 TEC) In each of the Member States of the Union has the legal status granted to `for` `the most extensive capacity in legal persons under their laws. Can particular, acquire or dispose of real property and mo` represented ble and be sued. To this end and `rappresendalla Commission. However, the Union and nanny from each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation. Article III-427 (ex Article 283 TEC) European laws shall establish the Staff Regulations and the Conditions of Employment of other `adopted after consultaagenti Union. It tion and the institutions concerned.
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Article III-428 (ex Article 284 TEC) For the execution of the tasks entrusted to Com` collect all information and promissione can yield to any checks required, within the limits and conditions laid down by a regulation or a decision adopted by the European Council by a simple majority. Article III-429 (ex Article 285 TEC) 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, European laws or framework law laying down measures for the production of statistics ` where necessary for the performance of activities of the Union. 2. The production of statistics shall carat`, reliability `, objectivity ', teri of fairness scientific independence, cost-effectiveness and statistical confidentiality. It shall not entail excessive burdens on economic operators. Article III-430 (ex Article 287 TEC) The members of the EU institutions, members of committees and officials and servants of the Union shall be required, even after their duties have ceased, not to disclose information which by their nature are He covered by professional secrecy, in particular
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lar those relating to enterprises and concerning business relations or their cost components. Article III-431 (ex Article 288 TEC) and `` Union's contractual responsibility RELA golata law applicable to the contract in question. `Tort, the matter of responsibility UIn Union shall, in accordance with the general principles common to the laws of the Member States, any damage caused by its institutions or by its servants in the performance of their duties. Notwithstanding the second paragraph, the European Central Bank shall, in accordance with the general principles common to the laws of the Member States, the damage caused by it or by its servants in the performance of their duties. `Staff of servants with La` responsibility governed by the provisions stafronti Union nent and their status or the regime applicable to them. Article III-432 (ex Article 289 TEC) `fixed headquarters of the EU institutions and by common accord of the governments of the Member States. Article III-433 (ex Article 290 TEC) `a regolaIl Council unanimously adopts the European Parliament laying down the rules governing the languages ??of the
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Union institutions, without prejudice to the Statute of the Court of Justice of the European Union. Article III-434 (ex Article 291 TEC) The Union shall enjoy in the territory of the Member mem` necessary all'assolbri, privileges and immunities of the accomplishment of their tasks, under the conditions defined by `Union Protocol on the Privileges and Immunities European. Article III-435 (ex Article 307 TEC) The Constitution does not affect the rights and obligations arising from agreements concluded before 1 January 1958 or, for acceding States, `prior to the date of accession, between one or more States` third, the United States on the one hand and one or more other. To the extent that such agreements are not compatible with the Constitution, the State or States concerned shall take all appropriate steps to eliminate the `observed. Where appropriate, the United States memincompatibilita assist each other to this end and 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 del` inseparably conl'Unione and are, for what
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links the development of institutions have been conferred by the Constitution and the granting of identical advantages by all the other Member States.
Article III - 436 ( ex Article 296 TEC) 1. The Constitution shall not preclude any of the following rules: ` must provide ina ) no Member State formations and the disclosure of which it considers contrary to the essential interests of its security, ` take the measures b ) any member State may, as it considers necessary to protect the essential interests of its security which are connected with the production or trade in arms, munitions and war material ; these measures do not adversely affect the conditions of competition in the internal market regarding products which are not intended for specifically military purposes. 2. The Council, on a proposal from the Commission, ` ` adopt unanimously a European decision that can change the list of 15 April 1958 of the products to which the provisions of paragraph 1, letter b ) .
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PART IV GENERAL AND FINAL PROVISIONS Article IV-437 Repeal of earlier Treaties 1. This Treaty establishing a Constitution for Europe shall repeal the Treaty establishing the European 'and the Treaty on European Union and the Community, under the conditions set out in the Protocol on the acts and treaties having supplemented or amended the `European and trattrattato establishing the Community Treaty on European Union, the acts and treaties which have supplemented or amended them, subject to paragraph 2 of this article. 2. The Treaties on the Accession: a) of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, b) of the Hellenic Republic, c) of the Kingdom of Spain and the Portuguese Republic, d) the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, e) of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Re-
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Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic are hereby repealed. However: the provisions of the Treaties referred to in points a) is referenced in proa d) and set out or referred to and Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic and the Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall remain in force and their legal effects shall be preserved in accordance with that Protocol; the Treaty provisions referred to in subparagraph e) `referenced in protoche are reported or where the neck and on the Treaty and Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic shall remain in force and their legal effects shall be preserved in accordance with that Protocol.
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`Article IV-438 Succession and legal continuity 1. The European Union established by this Treaty happens to the European Union established by the Treaty` European. on European Union and the Community 2. Subject to Article IV-439, the institutions, organs and organisms existing on the date of entry into force of this Treaty exercise, in their composition on that date, the powers conferred on them under ' have been adopted in this Treaty until new provisions pursuant thereto, or until the end of their mandate. 3. The acts of the institutions, bodies and agencies adopted on the basis of the treaties and acts repealed by Article IV-437 shall remain in force. Their legal effects are 'those acts are repealed, until anmantenuti nullati or modified pursuant to this trat` also applies to agreements concluded between drawn. IOC Member States on the basis of the treaties and acts repealed by Article IV-437. The other elements of the acquis communautaire and the Union existing at the time of entry into force of this Treaty, in particular the interinstitutional agreements, decisions and agreements adopted by the Representatives of the Governments of Member States meeting within the Council, the agreements concluded by Member States re`o lativi operation of the Union or of the Community 'of the same, the dichiaraconnessi the sphere of activities
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zioni, comprese quelle effettuate nel quadro di conferenze intergovernative, le risoluzioni o altre posizioni ´ adottate dal Consiglio europeo o dal Consiglio, nonche ` adottate di quelle relative all'Unione o alla Comunita comune accordo dagli Stati membri, sono anch'essi ´ non saranno stati soppressi o modifimantenuti finche cati. 4. La giurisprudenza della Corte di giustizia delle ` europee e del Tribunale di primo grado relaComunita tiva all'interpretazione e all'applicazione dei trattati e ` come degli atti atti abrogati dall'articolo IV-437, cosi e convenzioni adottati per la loro applicazione, resta, mutatis mutandis, la fonte d'interpretazione del diritto dell'Unione e in particolare delle disposizioni analoghe della Costituzione. ` delle procedure amministrative e 5. La continuita giurisdizionali avviate prima della data di entrata in vi` assicurata nel rispetto della gore del presente trattato e Costituzione. A tal fine, le istituzioni, organi e organismi responsabili di tali procedure prendono le misure appropriate. Articolo IV-439 Disposizioni transitorie relative a talune istituzioni Le disposizioni transitorie relative alla composizione del Parlamento europeo, alla definizione della maggioranza qualificata in sede di Consiglio europeo e di Consiglio, inclusi i casi in cui non tutti i membri del Consiglio europeo o del Consiglio partecipano
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the vote, and the composition of the Commission, including the Minister for Foreign Affairs, in the Protocol on the transitional provisions relating to the institutions and bodies of the Union. Article IV-440 (ex Article 299 TEC) * Territorial scope 1. This Treaty shall apply to the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic , the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. 2. This Treaty shall apply to Guadeloupe, French Guiana, Martinique, Réunion, the Azores, Madeira and the Canary Islands in accordance with Article III-424. ----------------
` Refer to page. * The text of the Protocol in question and 492 .
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3. The countries and overseas territories, which are listed in Annex II, are the subject of special arrangements for association set out in Part III, Title IV. This Treaty shall not apply to overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland is not included in that list. 4. This Treaty shall apply to the European territories where a Member State is responsible foreign relations. ° land with 5. This Treaty shall apply to the islands in the derogations which originally appeared in the Treaty referred to in Article IV-437, paragraph 2, letter d) and in Title V, Section 5 of the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic and the Republic of Austria, the Republic of Finland and the Kingdom of Sweden. 6. Notwithstanding paragraphs 1 to 5: ¨ er; a) this Treaty shall not apply to Faero b) this Treaty shall apply to Akrotiri and Dhe` the United Kingdom of Great Bretakelia, areas of sovereignty gna and Northern Ireland in Cyprus, only to the extent necessary to ensure the implementation of arrangements originally provided for in the Protocol on so` areas of the United Kingdom of Great Britain and Northern Ireland sovereignty in Cyprus, annexed to the Act of Accession which is an integral part of the Treaty referred to in Article
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IV-437, paragraph 2, letter e) and included in Part II, Title III of the Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic; c) this Treaty 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 originally set out in the Treaty referred to in Article IV437, paragraph 2, letter a), taken in Title II, section 3 of the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic and the Republic of 'Austria, the Republic of Finland and the Kingdom of Sweden. 7. The European Council, at the initiative of the State `to adopt a decision euromembro concerned, may pea amending the status, with regard to the Union, of a country or territory Danish, French or Netherlands referred to in paragraphs 2 and 3. The Council European al` decision after consulting the Commission. the unanimity
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Article IV-441 (ex Article 306 TEC) Regional unions This Treaty 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 this Treaty. Article IV-442 (ex Article 311 TEC) Protocols and Annexes The Protocols and Annexes to this Treaty shall form an integral part. Article IV-443 (ex Article 48 TEU) Ordinary revision procedure 1. The government of any Member State, the Par` submit to the European Parliament or the Commission may Council proposals for the amendment of this Treaty. These proposals shall be submitted by the Council to the European Council and notified to national parliaments. 2. If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favor of examining the proposed amendments, the President
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the European Council shall convene a Convention composed of representatives of national parliaments, of Heads of State or Government of the Member States, the European Parliament and the Commission. If modifi` consulted also in monetary institutions, and that the European Central Bank. The Convention shall examine the proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States as provided for in paragraph 3. `decide by majority The European Council can simply, with the approval of the European Parliament, not to convene a` Convention if the magnitude of the changes are not sufficiently major. In this case, the European Council defines the mandate for a conference of representatives of the Governments of the Member States. 3. A conference of representatives of governments' convened by the President of the United States and Condegli Council for the purpose of determining by common accord the amendments to be made to this Treaty. Amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements. 4. If, after a period of two years from the signing of the treaty amending this Treaty, four fifths of the Member States ab` States bian ratified it and one or more `have encountered difficulties in proceeding with ratification , `referred to the European Council. the issue and
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Article IV-444 (new) Simplified revision procedure 1. Where Part III provides that the Council `in a field or in a case dedeliberi` unanimously adopt a determined, the European Council can European decision allowing the Council to act a qualified majority in that area or case. This paragraph shall not apply to decisions with military implications or those in the defense sector. 2. Where Part III provides for the Council to adopt laws or framework laws in accordance with a special legislative proce` adotdura, the European Council can tare a European decision allowing for the adoption of such laws or framework laws according to the ordinary legislative procedure. 3. Any initiative taken by the European Council in `transmitted parliaments naziobase in paragraphs 1 or 2 and tional. In case of opposition to a national parliament notified within six months from the date of that dispatch, `adotla European decision referred to in paragraphs 1 or 2 is not nanny. In the absence of opposition, the European Council `adopt the decision. can for the adoption of the European decisions referred to in paragraphs 1 and 2, the European Council acts all'unani` prior approval of the European Parliament, mita
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which shall act by a majority of its component members.
Article IV-445 (new) Simplified revision procedure concerning internal policies and action of the Union 1. The Government of any Member State, the Par` submit to the European Parliament or the Commission may European Council proposals for revising all or Apart from the provisions of Part III, Title III relating to the internal policies and action of the Union. `Take a decision 2. The European Council may European amending all or part of the provisions of Part III, Title III. The European Council shall act after consulting the `euall'unanimita pean Parliament, the Commission and, in the case of institutional changes in the monetary area, the European Central Bank. The European decision shall enter into force until it is approved by the Member States in accordance with their respective constitutional requirements. 3. The European decision referred to in paragraph 2 'may not increase the competences conferred Union in this Treaty.
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Article IV-446 (ex Article 51 TEU and 312 TEC) Duration `engaged for a ilil this Treaty and limited. Article IV-447 (ex Article 52 TEU and 313 TEC) Ratification and entry into force 39 `ratified by the High Contracting Parties 1. This Treaty and Contracting accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic. 2. This Treaty shall enter into force on 1 November 2006, provided that all the instruments of ratification have been deposited; otherwise, the first day of the second month following the deposit of the instrument of ratification by the signatory State to proceed ul`. thyme to such formalities
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39 Declaration on the ratification of the Treaty establishing a Constitution for Europe "The Conference notes that if at the end of a period of two years from the signing of the Treaty establishing a Constitution for Europe, four fifths of the `Member States Member States have ratified it and one or more` in proceeding with ratification, the matter and `encountered difficulties referred to the European Council."
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Article IV-448 (ex Article 53 TEU and 314 TEC) Authentic texts and translations 1. This Treaty, drawn up in a single original in the Czech, Danish, Estonian, Finnish, French, Greek, Irish, Italian, Latvian, Lithuanian , Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Hungarian, the text in each of these languages ??being `in the records of equally authentic, will be` Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States. `Also be translated 2. This Treaty may in any other languages ??as determined by a Member State which, according to the constitutional order of the State concerned, is an official language in all its territory or part of it. The Member State concerned shall provide a certified copy of that translation 'is deposited in the archives of the Council. affinche IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signatures below this Treaty. `29 October 2004. Done at Rome, addi
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Declaration concerning the explanations relating to the Charter of Fundamental Rights The Conference notes the explanations relating to the Charter of Fundamental Rights, elaborated ` the Praesidium of the Convention under the authority that drafted the Charter and updated under the respon` of the Praesidium of the European Convention, disables this as outlined below.
EXPLANATIONS RELATING TO THE CHARTER OF FUNDAMENTAL RIGHTS These explanations were elaborated, ` the Praesidium in its original version, under the authority of the Convention which drafted the Charter of Fundamental Rights of the European Union and is now a` Praesistate updated under the responsibility dium of the European Convention, in the light of the drafting adjustments made ??by that Convention to the text of the Charter ( in particular, in Articles. 51 and 52 ) 40 and evolution of the law del' have not per se ' status as the ' Union. Although the law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter .
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Articles II-111 and II-112 of the Constitution.
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PREAMBLE The peoples of Europe, in creating each other un'u` close, they decided to share Union increasingly a peaceful future based on common values. Conscious of its spiritual and moral heritage, the Union is founded on the indivisible and universal human 'of the liberty, equality and dignity'; it is based on the principle of solidarity demodella cracy and the rule of law. It places the individual at the center of its activities, by establishing citizenship ', safety and the Union and by creating an area of ??freedom justice. The Union contributes to the preservation and to svi` ment of these common values ??while respecting the diversity of the cultures and traditions of the peoples of Europe, 'of the identity of the Member States' national and delnonche the ordering of their public authorities at national, regional and local levels; it seeks to promote a balanced and sustainable development and ensures free movement of persons, goods, services and 'freedom of establishment'. capital as well as `Should the protection of diA this purpose, and fundamental rights, in the light of the so`, social progress and scientific developments CIETA` visible in a technological and making those rights more paper. This Charter reaffirms, with due regard for the powers and tasks of the Union and of the `principle, the rights resulting in particular from tradi subsidiarity
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conditions constitutional and international obligations common to the Member States, the European Convention for Protection of Human Rights `fonla and freedoms tal, the Social Charters adopted by the Union and by the 'law of the Council of Europe as well as the Court of Justice the European Union and the European Court of Human Rights. In this context, the `interpreted by the courts of the Union and of the Charter will be the United States in light of the explanations prepared at` the Praesidium of the Convention which rel'autorita `Datto of the Charter and updated under the responsibility of the Praesidium of the European Convention. Enjoyment of these rights entails responsabi` and duties with regard to other persons, the colita `human and future generations. equipped and `The Union therefore recognizes the rights, freedoms` pi set out hereafter. princi TITLE I DIGNITY ARTICLE 1 41 `` Human Dignity and `` human inviolable. It must ESLA dignity evenings respected and protected.
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Article II-61 of the Constitution.
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`Explanation of the human person is not only` Dignity ', but constitutes a fundamental right itself very basis of fundamental rights. The Universal Declaration of Human Rights `human in the preamble: 1948 consecrates the dignity '' Whereas recognition of the inherent dignity of all members of the human family, and their rights, the equal and inalienable, is the fonda`, the justice and peace in the chin of world freedom." In its judgment of 9 October 2001 in Case C-377/98, Kingdom of the Netherlands v European Parliament and Council of the European Union (Rec. 2001, p. 7079), in paragraphs 70-77 of the reasoning, the Court of Justice confirmed that the fundamental right to human and `` integral part dell'Ualla dignity Union. It follows, in particular, that none of the rights' to be used to carry enshrined in this Charter may `` the dignity of others and that the dignity of the human person perpregiudizio is part of the substance of the rights san` therefore be respected, mention in the Charter. You can not even in the case of a right is restricted.
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ARTICLE 42 2 Right to life 1. Everyone has the right to life. ` Be sentenced to 2. No one can ' executed. death, it ` Explanation based 1. Paragraph 1 of this Article and the first sentence of Article. 2, par. 1 of the ECHR, which reads: ` protected '1. The right to life of every person and the law ..." 2. The second sentence of the provision, which referred to the death penalty, was superseded by the entry into force of the Protocol. 6 of the ` ` so formulated: ECHR, Article. 1 and ` abolished. ` No one can be " The death penalty and ' executed '. condemned to such penalty it on that provision is inspired by the art. 2, par. 2, of the Charter. 3. The provisions of Article. 2 of the Charter correspond to those of the above Articles of the ECHR and the Additional Protocol and, in accordance with art. 52, par .
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Article II-62 of the Constitution.
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3 43 of the Charter, the meaning and scope. Therefore, the 'negative' definitions appearing in the ECHR must be regarded as also in the Charter: a) art. 2, par. 2 of the ECHR: "Death is not regarded as inflicted in viola` the results from the use of this Article and if the force which is absolutely necessary: ??a) in defense of any person from unlawful violence; b) to effect a lawful arrest or to prevent the escape of a person lawfully detained; c) to crack down, in compliance with the law, a riot or insurrection." b) art. 2 of Protocol. 6 of the ECHR: 'provision in its legislation' A State may tion the death penalty for acts committed in time of war or of imminent threat of war; that `applied only in cases provided by this legislapena will tion and in accordance with its provisions ...". ARTICLE 44 3 Right to the integrity 'of the person 1. Everyone is entitled to their physical and mental inte`. screams
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Article II-112, paragraph 3, of the Constitution.
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2. In the context of medicine and biology, should be respected in particular: a) the free and informed consent of the person `as defined by law; concerned, according to mode 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. Explanation 1. In its judgment of 9 October 2001 in Case C-377/98, Kingdom of the Netherlands v European Parliament and Council of the European Union (Rec. 2001, p. 7079), in paragraphs 70 and 78-80 of the reasoning, The Court of Justice confirmed that the person of` and `the fundamental right to the integrity of Union law and includes, in medicine and biology, the free and informed consent of the donor and recipient. `Pi set out in Article. 3 of the Charter figu2. The princi `the Convention on Human Rights and Biomedicine rano already adopted by the Council of Europe (European Treaty Series, n. 164 and additional protocol ETS. 168). The Charter does not derogate from those of ----------------
44
Article II-63 of the Constitution.
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provisions and therefore prohibits only reproductive cloning. 'It prohibits other forms of cloning not authorize it and then not in any way prevent the legislature from prohibiting. 3. The reference to eugenic practices, in particular those aiming at the selection of persons, relates to possible situations in which they are organized and implemented breeding programs that involve, for example, campaigns for sterilization, forced pregnancy, compulsory ethnic marriage, etc. , all acts deemed to be international crimes in the Statute of the International Criminal Court adopted in Rome on 17 July 1998 (cfr. art. 7, par. 1, letter g)). 4 ARTICLE 45 Prohibition of torture and inhuman or degrading punishment or treatment `shall be subjected to torture, it'a 1. No one can inhuman or degrading punishment or treatment. Explanation 1. The right in art. 4 is the right guaranteed by Article. 3 of the ECHR, which `identical formulation:` and be subjected to torture, it 'to' No one can inhuman or degrading punishment or treatment. "
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Article II-64 of the Constitution.
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2. In accordance with Article 52, paragraph 3 of the Charter, the meaning and scope. ARTICLE 5 `46 and forced labor Prohibition of slavery` be held in conditions of 1. No one can `` or servitude. `slavery be required to perform a la2. No one can voro forced or compulsory labor. `Prohibited human trafficking. 3. Explanation 1. The right in art. 5, paras. 1 and 2, corresponds to that of Article. 4, paras. 1 and 2, in the same vein, the ECHR. The meaning and scope of this right are the same as those conferred by that article, pursuant to art. 52, par. 3 of the Charter. It follows that: `no restriction may be imposed legitti tremely the right provided for par. 1; in par. 2, the concepts of 'forced or compulsory labor "must be interpreted in the light of the' negative 'definitions contained in art. 4, par. 3 of the ECHR, which reads:
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Article II-65 of the Constitution.
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`Considered" forced or compulsory labor "and no rio" within the meaning of this Article: a) the work normally required of a person in custody as provided by art. `5 of this Convention or during the period of conditional freedom; b) military service or, in the case of `conscientious objectors in countries where conscientious objection and they are recognized, service exacted instead of compulsory military service; c) any service exacted in case of an emergency or `threatening the life or well-being of the magnet`; communities d) any work or service which forms part of normal civic obligations." `2. The par. 3 stems directly from the dignity of the human person and takes account of recent developments `organized, such as organizations that promote crime, for profit, illegal immigration or sexual exploitation. The Annex to the Europol Convention contains the following definition which refers to trafficking for sexual exploitation: "traffic in human beings: means subjection of a person to the real and illegal sway of other persons by using violence or threats or by abuse rap` or intrigue, especially for port authorities to the exploitation of prostitution, forms of exploitation and sexual violence in con-
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fronts of minors or trade in abandoned children."
Chap. VI of the Convention implementing the Schengen nell'acl'Accordo del` been built, and that the Union and the acquis in which the United Kingdom and Ireland participate, contains, in art. 27, par. 1, the following provision relating to illegal immigration networks:
'The Contracting Parties undertake to impose appropriate penalties against anyone who assists or tries to help, in order to assist an alien to enter or reside in the territory of a Contracting Party in violation of the legislation of that Contracting Party on the entry and residence of aliens." On 19 July 2002 the Council adopted the Framework Decision on combating trafficking in human beings ( OJ L 203/2002, p. 1 ), whose art. 1 defines in detail the offenses concerning trafficking in human beings for purposes of labor exploitation or sexual exploitation that the Framework Decision requires Member States to punish.
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TITLE II FREEDOMS ARTICLE 6 47 ` ` Right to freedom and security is the sicuOgni Everyone has the right to freedom rity. Explanation The rights under Art. 6 are guaranteed by art. 5 of the ECHR, which, pursuant to art. 52, par. 3, of the Charter, have the same meaning and scope. It follows that the limitations which may legitimately be imposed on them may not exceed those permitted by the ECHR in the context of Article. 5, which states: ` and it '1. Everyone has the right to freedom ` ` shall be deprived of liberty, if ty. No one can not in the following cases and in the manner prescribed by law: ` lawful detention after cona ) if and condemnation by a competent court; b ) if the lawful arrest or detention for violation of an order issued,
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Article II-66 of the Constitution.
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compliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law; `Lawful arrest or detention to be trac) and if` competent court, learned before to authority when there are plausible reasons to suspect that he has committed a crime or there are reasonable grounds to believe that it is necessary to prevent his committing an offense or fleeing after having done so; d) in the case of the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention of `competent; appear before to the authority and) in the case of the detention of persons for the prevention of spreading of infectious diseases, of persons of unsound mind, alcoholics, drug addicts or vagrants; f) if the arrest or detention of a person to prevent unauthorized entry into the country or of a person against `ongoing proceedings and grows smooth deportation or extradition. 2. Everyone who is arrested shall be informed, at the `promptly, in a language which he understands, of the reasons more and of any accusation made against him. 3. Everyone arrested or detained in accordance with the terms of par. 1, letter c), `early this Article shall be brought more before a judge or other officer authorized by law to exercise judicial power and
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right to be tried within a reasonable time 'during the procedure. The freedom or to be put into `be subject to guarantees that asscarcerazione can sicurino to appear for trial. `By ar4. Every person deprived of liberty or detention else has the right to bring an action 'decides within a short period to a court, so that `of his detention and ordering the legitimacy scarsulla` illegitimate. maceration if the detention and 5. Each person victim of arrest or detention in contravention of the provisions of this Article shall be entitled to compensation." The rights under Art. 6 must be respected particularly when the European Parliament and the Council adopt laws and framework laws in the field of judicial cooperation in criminal matters under Articles. III171, III-172 and III-174 of the Constitution 48, notably to define common minimum provisions as regards the categorization of offenses and punishments and certain aspects of procedural law. ARTICLE 7 49 Respect for privacy and family life Everyone has the right to respect for his private and family life, home and communications.
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Or rather, Articles III - 270, III - 271 and III - 273 of the Constitution
tion .
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Explanation The rights under Art. 7 correspond to those guaranteed by art. 8 of the ECHR. To take account of developments in technology the word "communications" has replaced "correspondence". In accordance with Article. 52, par. 3, the meaning and scope of this right are the same as those of the corresponding article of the ECHR. The limitations which may legitimately be imposed are as those allowed under that Article. 8, which reads: "1. Everyone has the right to respect for his private and family life, his home and his correspondence. `` Pub2 no interference by an authority. Republic can not exercise this right, except such as is in accordance with the law and is a measure `democratic, and` necessary to sicuche, in a society rity national, public safety or the economic well-being of the country, the defense enforcement and crime prevention, the protection of health or `almorale, or for the protection of the rights and freedoms trui."
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Article II-67 of the Constitution.
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ARTICLE 8 50 Protection of personal data 1. Everyone has the right to protection of personal data concerning him. 2. Such data must be processed princi`, `for certain purposes and under conpio sense of loyalty of the person concerned or some other legitimate basis laid down by law. Everyone has the right to access data collected concerning him and to have it corrected. `Subject to the control 3. Compliance with these rules is independent. Explanation `an authority was based on Article. 286 This article `European diTrattato on establishing the Community Directive 95/46 / EC of the European Parliament and of the Council on the protection of individuals with ri' to look to the processing of personal data as well as the free movement of such data (OJ L 281 of 23 November 95), on Article. 8 of the ECHR and on the Council of Europe Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data, of 28 January 1981, ratified by all Member States.
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Article II-68 of the Constitution.
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`Now replaced by art. Article. 286 of the EC Treaty and Article I-51 of the Constitution. Reference is also made to Regulation No. 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and organi' the free movement of such Community-organisms as well as data (OJ L 8 of 12 January 2001). The above-mentioned Directive and Regulation contain conditions and limitations for the exercise of the right to protection of personal data. ARTICLE 9 51 Right to marry and 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. Explanation This Article is based on Article. 12 of the ECHR, which reads: `Minimum contract matrimo" Starting from the age nium, the man and woman have the right to marry and to found a family according to the national laws governing the exercise of this right. "
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Article II-69 of the Constitution.
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`Was aggiorLa formulation of this law and established in order to cover cases in which national legislation recognizes arrangements other than marriage for founding a family. 'Imposes the granting Article does not prohibit them the status of marriage to unions between people of `therefore similar to the same sex. This right and be more `` by the ECHR, but its scope may extended when national legislation so provides. ARTICLE 10 52 'of thought, conscience and religion Freedom of `PEN1. Everyone has the right to freedom serum, conscience and religion. This right includes `to change his religion or belief, so` `the freedom to manifest one's religion as freedom or belief individually or collectively, in public or in private, through worship, teaching, practice and l ' observance. `Ricono2. The right to conscientious objection and nized according to the national laws governing the exercise. Explanation The right guaranteed in par. 1 is the right guaranteed by art. 9 of the ECHR and, in accordance with art.
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Article II - 70 of the Constitution .
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52, par. 3 of the Charter, the meaning and scope. Limitations must therefore respect par. 2 of art. 9, which reads: ` to profess one's religion or " Freedom is being restricted diproprio can not believe verse as are prescribed by law and are ` democratic, to pubmisure necessary, in a company public security, protection order, health or morals, or the protection of the rights and ` others '. The right of freedom guaranteed to par. 2 corresponds to national constitutional traditions and development of national legislation in this regard.
ARTICLE 11 53 ` Freedom of expression and information of ` 1. Everyone has the right to freedom of opinion expression `. This right includes freedom ` to receive and impart information and the freedom and ideas without interference by public ` part and regardless of frontiers. the authorities ' media and pluralism are RI2. Freedom led.
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Article II-71 of the Constitution.
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Explanation 1. Article. It corresponds to Article 11. 10 of the ECHR, which reads: `expressions of" 1. Everyone has the right to freedom of opinion and `lisione. This right includes freedom `Shearwater receive and impart information and ideas without interference by public part of auto` and regardless of frontiers. Arrita This Article shall not prevent States from requiring the licensing of broadcasting companies, television or cinema. `Since 'involves 2. The exercise of these freedoms` `may be subject to fordoveri and` responsibility, conditions, restrictions or penalties as are premalita views by law and are necessary `democratic, national security, alin a company `territorial integrity or public safety, dil'integrita topside order and the prevention of crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the divulga` tion of confidential information or to ensure `the authority of the judiciary." and impartiality Under section. 52, par. 3, of the Charter, this right has the same meaning and the same scope as those guaranteed by the ECHR. The limitations which may be imposed on it may therefore not exceed those provided for in par. 2 of art. 10, subject to any restrictions which Union law to make the faculty concor` `Member States can petition
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introduce the licensing arrangements in art. 10, par. 1, third sentence of the ECHR. 2. The par. 2 of this Article spells out conse` media. quences of par. 1 regarding freedom is based in particular on the Court's case law regarding television, particularly in Case C288 / 89 ( judgment of 25 July 1991, Stichting Collectieve Antennevoorziening and Gouda, ECR. I- 4007 ) and the Protocol on the system of broadcasting public in the United States annexed to the EC Treaty and now to ' the Directive 89/552 / EC of the Constitution as well as the Council (see. in particular the 17th recital).
ARTICLE 12 54 ' of assembly and association Freedom of ` riu1. Everyone has the right to freedom of association at all ` Union Pacific and the freedom levels, in particular in political, trade union and civic matters, which implies the right of everyone to form unions with others and to join unions to defend their interests. 2. Political parties at Union level contribui` policy delscono citizens to express the will of the Union .
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Article II-72 of the Constitution.
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Explanation 1. The provisions of par. 1 of this Article corresponds to art. 11 of the ECHR, which reads: `meeting '1. Everyone has the right to freedom of association `, including the right to freedom dipacifica and to participate in the formation of trade unions and join them for the protection of his interests. `Be og2. The exercise of these rights can not cast to such limitations as are prescribed by law and are necessary in `democratic, national security, to a company public security, the prevention of disorder and crime prevention, the protection of health or mo` others. The rale and the protection of rights and freedoms in this Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, the police or the administration of the State." The provisions of par. 1 of Art. 12 have the same meaning as that of the ECHR, but their por` most in extended, as they can be applied to nanny and all levels including the European level. Under Article. 52, par. 3, of the Charter, limitations on that right may not exceed those considered legitimate by virtue of par. 2 of art. 11 of the ECHR.
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This right is also based on Article 11 of the Community Charter of Fundamental Social Rights of Workers. 2. The par. It corresponds to Article 2 of this article. I46, par. 4, of the Constitution. ARTICLE 13 55 ` Freedom of the arts and sciences The arts and scientific research shall be free. The li` academic and ` respected. shearwater Explanation ` deduced primarily from the right and liQuesto ` shearwater of thought and expression. Practises ri` be subject to limitaspetto art. 1 and can tions authorized by Article. 10 of the ECHR. ARTICLE 14 56 Right to education 1. Everyone has the right to education and access to vocational and continuing training. ` Access 2. This right includes the faculties free compulsory education .
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Article II - 73 of the Constitution. Article II - 74 of the Constitution .
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`Of educational establishments in 3. Freedom is more democratic, so as` the right of respect for princi parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance the national laws governing the exercise. Explanation 1. This Article is based on the constitutional traditions common to the Member States is art. 2 of the Additional Protocol to the ECHR, which reads: `shall be denied" the right to education can not nobody. In the exercise of the functions which it assumes in education and teaching, it must respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions." `Was considered useful to extend this article Ale access to vocational and continuing training (see. Point 15 of the Community Charter of fundamental social rights of workers and art. 10 of the Social Charter) and` the principle of free education obaggiungere bligatoria. According to its wording, the latter principle merely implies that education obbliga` access to an istory each child has the opportunity `. It does not require any establishment which offers free institutions which provide education or vocational and continuing training, in particular private ones, to be free. Nor does it exclude some
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specific forms of education having to be paid, provided that the State takes measures to grant financial compensation. 'The Charter applies to the Union, that is, `Because it means that, in the framework of its policies forma` education, the Union must respect the free course, create new` not compulsory, but what skills. Regarding the right of parents, it must be interpreted in relation to the provisions of art. 24 57. `of educational establishments, public 2. Freedom is guaranteed as one of the aspects of the liberty and private, and limited by respect princi` `pi demod'impresa, but it` defined by lecratici and is exercised in accordance the mode gislazioni national. ARTICLE 15 58 `occupation and right to work Liberta 1. Everyone has the right to work and to pursue a freely chosen or accepted. `Of CER2. Every citizen of the Union has the freedom for a job, to work, to settle or provide services in any Member State. 3. Nationals of third countries who are authorized to work in the territory of the Member States are entitled
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Article II - 84 of the Constitution. Article II - 75 of the Constitution .
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a condizioni di lavoro equivalenti a quelle di cui godono i cittadini dell'Unione. Spiegazione ` professionale, sancita nel par. 1 di La liberta ` riconosciuta nella giurisprudenza questo art. 15, e della Corte di giustizia (cfr., tra l'altro, le sentenze del 14 maggio 1974, causa 4-73, Nold, Racc. 1974, pag. 491, punti 12, 13 e 14; del 13 dicembre 1979, causa 44/79, Hauer, Racc. 1979, pag. 3727; dell'8 ottobre 1986, causa 234/85, Keller, Racc. 1986, pag. 2897, punto 8). Questo paragrafo si ispira inoltre all'art. 1, par. 2, della Carta sociale europea, firmata il 18 ottobre 1961 e ratificata da tutti gli Stati membri, e al punto 4 della Carta comunitaria dei diritti sociali fondamentali dei lavoratori, del 9 dicembre 1989. L'espressione «condizioni di lavoro» deve essere intesa nel senso dell'art. III-213 della Costituzione. ` garantite dagli Il par. 2 riprende le tre liberta artt. I-4 e III-133, III-137 e III-144 della Costituzione, ossia libera circolazione dei lavoratori, li` di stabilimento e libera prestazione dei serberta vizi. ` stato basato sull'art. 137, par. 3, quarto Il par. 3 e trattino, del Trattato CE, ora sostituito dall'art. III210, par. 1, lettera g), della Costituzione, e sull'art. 19, punto 4, della Carta sociale europea, firmata il 18 ot-
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tober 1961 and ratified by all Member States. Therefore it applies to the art. 52, par. 2, of the Charter. The question of recruitment of seamen having the nationality of third States for the crews of vessels bat` discitenti flag of a Member State of the Union and plinata by Union law and national laws and practices. ARTICLE 16 59 Corporate Liberta `` `recognized the freedom of enterprise, conformeE mind with Union law and national laws and practices. Explanation This Article is based on `law of the Court of Justice, which has recognized freedom to exercise an activity` economic or commercial activity (see. Judgments of 14 May 1974, Case 4/73 Nold, Rec. 1974, p. 491 paragraph 14; and 27 September 1979 in Case 230/78, Eridania and SPA., Rec. `contrat1979, p. 2749, paragraphs 20 and 31) and the tual freedom (cfr., among others, judgments Sukkerfabriken Nykøbing, due 151/78, Rec. 1979, p. 1, paragraph 19, of 5 October 1999, Spain v Commission, Case C-240/97, Rec. 1999, p. I-6571, paragraph 99) and sul- ---------------
59
Article II-76 of the Constitution.
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Article. I-3, par. 2, of the Constitution, which recognizes free competition. Of course, this right is exercised with respect for Union law and national legislation. It `be subject to the limitations provided for in Article. may 52, par. 1 of the Charter. ARTICLE 17 60 `Right to property 1. Everyone has the right to enjoy the goods that` lawfully acquired, owned `. No use, dispose of and leave a legacy `` shall be deprived of property except in the public interest may, in cases and manner prescribed by the law and against the payment in time of `for their loss. Use a proper indemnity `it is regulated by law insofar as the goods can for the general interest. `` Intellectual and protected. 2. The property Explanation This Article corresponds to Article. 1 of the Additional Protocol to the ECHR: 'Every natural or legal person is entitled to ri` be deprived of respect of his assets. `No one can except in the public utility it is in its properties
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Article II-77 of the Constitution.
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413
`More general conditions prescribed by law and most places of international law. The preceding provisions shall not in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties." It is a fundamental right common to all `` been enshrined in most national constitutions shooting. And by the Court of Justice, initially in the Hauer judgment (13 December 1979, Rec. `It has been updated but, in 1979, p. 3727). The drafting and Article. 52, par. 3, this right has the same meaning and scope as the right guaranteed by the ECHR and the limitations may not exceed those provided for there. `Intellectual property protection runny` and `constitutes one aspect of the right to property of his` explicitly mentioned in par. 2, by virtue of the growing importance and Community secondary legislation. `Literary and artistic, the property` In addition to the property intellectual activity covers, among other things, the law of patents and trademarks and similar rights. The guarantees provided in the `intelpar. 1 shall apply as appropriate to the property erty.
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ARTICLE 18 61 Right to asylum ` guaranteed in respect of the right to asylum and standards set by 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.
` Explanation was based on Article. Article 63 and the EC Treaty, now replaced by art. III - 266 of the Constitution, which requires the Union to respect the Geneva Convention on refugees. Reference should be made to the provisions of the Protocol on the United Kingdom and Ireland and to Denmark, annexed to the Constitution, to determine the extent to which those Member States implement EU law and to what extent this Article is their applicable. This article meets the Protocol on Asylum annexed to the Constitution .
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Article II-78 of the Constitution.
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415
ARTICLE 19 62 Protection in the event of removal, expulsion or extradition 1. Collective expulsions are prohibited. `Be removed, expelled or estra2. No one can give to a State where there is a serious risk of being subjected to the death penalty, torture or other inhuman or degrading punishment or treatment. The explanation par. 1 of this article, the meaning and scope as to art. 4 of Protocol. 4 of the ECHR concerning the expulsions collet` to ensure that every decision tive. And it is the subject of a specific examination and that no single measure can be decided with the expulsion of a `determitutte persons having the nationality born State (cfr. Also art. 13 of the Covenant on Civil and Political Rights). Par. 2 incorporates the relevant case law of the European Court of Human Rights on Article. 3 of the ECHR (see. Ahmed / Austria, judgment of 17 December 1996, Rec. 1996 VI-2206, and Soering, judgment of 7 July 1989).
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Article II - 79 of the Constitution .
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TITLE III EQUALITY ARTICLE 20 63 Equality before the law Everyone is equal before the law. Explanation This Article corresponds to a general principle of law which is included in all constitutions euro` been recognized by the Court in a judgment, and pee and ` most fundamental legal comucome one of the princi -Community ( judgment of 13 November 1984, Racke, because 283 / 83, Rec. 1984, p. 3791 ; judgment of 17 April 1997 in Case C -15 /95 EARL, Rec. 1997, p. I- 1961, judgment of 13 April 2000 in Case C292 / 97 Karlsson, Rec. 2000, p. 2737 ). ARTICLE 21 64 Non-discrimination ` all forms of discrimination 1. founded in particular on sex, race, color,
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63 64
Article II - 80 of the Constitution. Article II - 81 of the Constitution .
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417
skin or the ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, or the `tenil property, birth, disability, age sexual orientation. 2. Within the scope of application of the Constitution and `subject to the specific provisions contained therein, and prohibited any discrimination based on nationality. The explanation par. 1 is inspired art. 13 of the EC Treaty, now replaced by art. III-124 of the Constitution, and al' art. 11 of Conl'art. 14 of the ECHR as well as Convention on Human Rights and Biomedicine as regards genetic heritage. To the extent that coincides with the art. 14 of the ECHR, it applies `the same. in accordance contradiction `it 'there is no incompatibility between the` par. 1 and Art. III-124 of the Constitution, which field is different: that article conferid'applicazione and purposes `to adopt legislative acts, sce Union the faculty including the harmonization of the laws and regulations of the Member States, to combat certain forms of discrimination of which the article itself contains a comprehensive list. The legislation in question `` regulatory intervention of the authorities of the Member States may (as well as relations between private individuals) in some-
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Siasi area within the limits of the powers of the Union. The provision of par. 1 of Art. 21, however, it is not to enact anti-discrimination confers no faculty in these fields of action of States' sanctions no dimembri or private action, it `large. absolute prohibition of discrimination in areas such Instead, it only addresses discriminations by the institutions and bodies of the Union themselves, when exercising powers conferred under other articles of Parts I and III of the Constitution, and by Member States only when they are implementing Union law. Par. 1 therefore does not alter the am` conferred under Article. IIIpiezza of right 'interpretation given to that Article. 124, in The par. 2 corresponds to Article. I-4, par. 2, the Costi` of this article. institution and must be applied in conformity ARTICLE 22 65 `cultural, religious and linguistic Diversity` cultural, religious The Union shall respect the diversity and linguistic diversity. `Explanation was based on Article. 6 of this article and the Treaty on European Union and Article. 151, paras. 1
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Article II-82 of the Constitution.
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and 4 of the EC Treaty, now replaced by art. III-280, paras. 1 and 4, of the Constitution, concerning culture. `` The cultural and linguistic diversity and respect for diversity now also laid down in Article. I-3, par. 3, of the Constitution. The article was inspired by the Declaration. 11 annexed to the Final Act of the Treaty of Amsterdam on the status of churches and non-confessional organizations, now taken over art. I-52 of the Constitution. ARTICLE 23 66 `` Parity between men and women between women and men must be assicuLa installment equality in all areas, including employment, work and pay. `Does not prevent the maintenance The principle of equal or adoption of measures providing for specific advantages in favor of the underrepresented sex. Explanation was based `The first paragraph of this article and Article. And Article 2. 3, par. 2 of the EC Treaty, now replaced by Articles. I-3 and III-116 of the Constitution which impose the objective to promote `between men and women, and Article. 141, par. 1, the parity of the EC Treaty, now replaced by art. III-214, par. 1, of the Constitution. It is inspired by the art. 20
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Article II-83 of the Constitution.
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the revised European Social Charter of 3 May 1996 and on point 16 of the Community Charter of Fundamental Social Rights of Workers. It is also based on Article. 141, par. 3, of the EC Treaty, now replaced by art. III-214, par. 3, of the Constitution, and Article. 2, par. 4 of Directive 76/207 / EEC on the implementation of the principle of `treatment for men and women for equality in the access to employment, vocational training and promotion and working conditions. `The second paragraph takes over in shorter formula, Article. III-214, par. 4, of the Constitution, according to `treatment shall not prevent the principle of equality which the maintenance or adoption of measures providing for specific advantages to facilitate the exercise of professional un'at` by sex sottorappresentivita Treaty or to prevent or compensate for disadvantages in professional careers. In accordance with Article. 52, par. 2, this paragraph does not amend Article. III-214, par. 4, of the Constitution. ARTICLE 24 67 The rights of the child 1. Children shall have the right to protection and care necessary for their welfare. They may express their views freely; this
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Article II - 84 of the Constitution .
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is taken into consideration on matters affecting them is their mariguardano according to their age '. turita 2. In all actions relating to children, whether ` public or private institutions, made ??by authorities to the best interests of the child shall be a primary consideration. 3. Every child has the right to maintain regular personal relations and direct contacts with the two ge` is contrary to its interests. ers, unless what
Explanation This Article is based on the New York Convention on the Rights of the Child, signed on 20 November 1989 and ratified by all Member States, and, in particular, on Articles. 3, 9, 12 and 13 of the Convention. Par. 3 takes account of the fact that, as part of the `, security and justice, creating an area of freedom Union legislation on civil matters having cross-border implications, for which the ` conferred by. III - 269 of Costitucompetenza and ` include, among others visitation rights tion, which can allow children to maintain regular personal relations and direct contacts with both parents .
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ARTICLE 25 68 The rights of the elderly The Union recognizes and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural.
Explanation ` inspired art. This article 23 of the Charter and the revised European Social and Articles 24 and 25 of the Community Charter of Fundamental Social Rights of Workers. Participation in social and cultural life of course includes participation in political life. ARTICLE 26 69 Integration of persons with disabilities The Union recognizes 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
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68 69
Article II - 85 of the Constitution. Article II - 86 of the Constitution .
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Explanation The principles set out in this article is based on Article. 15 of the European Social Charter and also draws on point 26 of the Community Charter of Fundamental Social Rights of Workers .
` TITLE IV SOLIDARITY ARTICLE 27 70 Workers' right to information and consultation within the undertaking Workers or their representatives must, at the appropriate levels, information and consultation in good time in the cases and conditions under Union law and national laws and practices. Explanation This Article appears in the revised European Social Charter (art. 21 ) and the Community Charter of Fundamental Social Rights of Workers ( points 17
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Article II-87 of the Constitution.
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and 18). It applies under the conditions set by Union law and national legislation. The reference to appropriate levels refers to the levels laid down by Union law or by national laws and `include the level eudalle national practice, which may pean, when Union legislation so provides. `Substantial: Union acquis in this field and Articles. III-211 and III-212 of the Constitution, and Directives 2002/14 / EC (general framework for informing and consulting employees), 98/59 / EC (collective redundancies), 2001/23 / EC (transfers of undertakings) and 94/45 / EC (European Works Council). ARTICLE 28 71 Right of collective bargaining and action Workers and employers, or their respective organizations, 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. Explanation This Article is based on Article. 6 of the Charter SO' on the Community Charter of European diciale well
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Article II-88 of the Constitution.
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social rights of workers (points 12-14). `Recognized the right to collective action and the European Court of Human Rights as one of the elements of trade union rights enshrined in Article. 11 of the ECHR. As regards the appropriate levels at which `be collective negotiation, you vepuo dano the explanation given for the above Article. `And limits for the exercise of collective action The modalities, including strike action, shall be governed by national laws and practices, including the question of whether it may be carried out in parallel in several Member States. ARTICLE 29 72 Right of access to placement services Everyone has the right of access to a free placement service. Explanation This Article is based on Article. 1, par. 3, the European Social Charter and point 13 of the Community Charter of Fundamental Social Rights of Workers.
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Article II - 89 of the Constitution .
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ARTICLE 30 73 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. Explanation This Article is based on art. 24 of the revised Social Charter. Cf. Also Directive 2001/23 / EC on the safeguarding of employees' rights in the event of transfers of undertakings, and Directive 80/987 on the protection of employees in the event of insolvency of the employer, as amended by Directive 2002/74 / EC. ARTICLE 31 74 Fair and just working conditions 1. Every worker has the right to healthy working conditions, safety and dignity. 2. Every worker has the right to limitation of maximum working hours and to daily and weekly rest periods and paid annual leave .
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73 74
Article II - 90 of the Constitution. Article II - 91 of the Constitution .
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Explanation 1. par. 1 of this Article is based on Directive 89/391 / EEC on the introduction of measures to encourage improvements in the safety and health of workers at work. It also draws on art. 3 of the Social Charter and point 19 of the Community Charter of Social Rights fonda', regarding mental workers as well as `the right to dignity at work, art. 26 of the revised Social Charter. The expression 'working conditions' must be understood as art. III-213 of the Constitution. 2. The par. 2 is based on Directive 93/104 / EC concerning certain aspects of the organization 'on Article. 2 of the European Social Charter working well and point 8 of the Community Charter of Fundamental Social Rights of Workers. ARTICLE 32 75 Prohibition of child labor and protection of young people at work `prohibited. The minimum age for child labor 'and `be less admission to employment can not` of completion of compulsory education, subject to the age
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Article II-92 of the Constitution.
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`Favorable to young people and except for limited derogations most dele standards. Young people admitted to work must have and be `working conditions appropriate to their age protected against economic exploitation and against any work likely to harm their safety, health, the physical, mental, moral or social development or to interfere with their education. Explanation This Article is based on Directive 94/33 / EC on the protection of young people at work, on Article non'. 7 of the European Social Charter and points 20 to 23 that the Community Charter of Fundamental Social Rights of Workers. ARTICLE 33 76 Family and professional life 'guaranteed the protection of the family on the 1. legal, economic and social. 2. In order to reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with is the right to a maternity leave `retrimaternita tributed and to parental leave following the birth or the 'adoption of a child.
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76
Article II-93 of the Constitution.
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The explanation par. 1 of Art. 33 is based on Article. 16 of the European Social Charter. `Inspired by the Directive 92/85 / EEC The par. 2 and the Council on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers who have recently given birth or are breastfeeding and Directive 96/34 / EC on the framework agreement on parental leave con` based alcluso by UNICE, CEEP and the ETUC. It is on Article. 8 (protection of maternity `) of the Charter tresi` inspired art. 27 (right of lavosociale European and `family and to equality of opratori having` `responsibility and treatment) of the revised Social Charter. portunity `'covers the period from the term" maternity conception to weaning. ARTICLE 34 77 Social security and social assistance 1. The Union recognizes and respects the entitlement to social security benefits and social services providing protection in cases such as ma`, illness, industrial accidents, the law dipenternita or old age, and in the case of loss of
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77
Article II-94 of the Constitution.
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`Established by diposto work, according to the procedures of the law and national laws and practices. 2. Everyone residing and moving legally within the European Union is entitled to benefits under the social `There's social security and benefi Union law and national laws and practices. 3. In order to combat social exclusion and `The Union recognizes and respects the right all'assipoverta social assistance and housing assistance to ensure a decent existence for all those who do not dispon` set to gano sufficient resources, according to the procedures by Union law and national laws and practices. `Explanation The principle set out in par. 1 of Art. 34 and based on Articles. 137 and 140 of the EC Treaty, now replaced by Articles. III-210 and III-213 of the Constitution, 'on Article. 12 of the European Social Charter and on the well point 10 of the Community Charter of Fundamental Social Rights of Workers. The Union must respect it when exercising the powers conferred on it by Articles. III-210 and III-213 of the Constitution. The reference to social services relates to cases in which such services have been introduced to provide certain advantages but does not imply in any way that they must be created where they do not exist.
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`'It must be understood as the term" motherhood in the previous article. `Based on Article. 12, par. 4, and Article. 13 The par. 2 and 'about 2 par. 4, the European Social Charter as well as the Community Charter of Fundamental Social Rights of Workers and reflects the rules arising from Regulation No 1408/71 and Regulation 1612/68. `Inspired art. 13 of the Social Charter euIl par. 3 and Union and Articles 30 and 31 of the revised Social Charter, 'to the point 10 of the Community Charter of fundamental social rights of workers as well. The Union must respect it in the context of policies based on Article III-210 of the Constitution. ARTICLE 35 78 Health care Everyone has the right of access to preventive health care and to benefit from medical treatment under conditions established by national laws and practices. In the definition and implementation of all Union and `` guaranteed a high level policies and activities of human health protection. Explanation `pi set out in this Article are based on Article I princi. 152 of the EC Treaty, now replaced by art.
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Article II-95 of the Constitution.
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'On Articles. 11:13 III-278 of the Constitution as well as the European Social Charter. The second sentence of the paragraph. 1 of Art. III-278. ARTICLE 36 79 Access to services of general economic interest in order to promote the social and territorial cohesion of the Union recognizes and respects access to services of general economic interest as provided for by national laws and practices, in accordance with the Constitution. Explanation `perfectly in line with this article and Article. III-122 of the Constitution and does not create any new right. It merely sets out the principle of respect by the Union for the access to services of general economic interest provided by both of` compasposizioni national, provided that what ible with EU law. ARTICLE 37 80 Environmental protection A high level of environmental protection and the `must be intemiglioramento of his quality
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Article II - 96 of the Constitution .
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grateful in the policies of the Union and ensured in accordance with the principle of sustainable development.
` More explanation in this article were based on Articles The princi. 2, 6 and 174 of the EC Treaty, which have now been replaced by Arts. I- 3, par. 3, III - 119 and III - 233 of the Constitution. It also draws on the provisions of some national constitutions .
ARTICLE 38 81 Consumer protection ` guaranteed levellers Union policies and high level of consumer protection.
Explanation was ` The principle contained in this article and based on Article. 153 of the EC Treaty, now replaced by art. III - 235 of the Constitution .
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80 81
Article II - 97 of the Constitution. Article II - 98 of the Constitution .
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TITLE V CITIZENS 'RIGHTS ARTICLE 39 82 ` elections Right to vote and eligibility of the European Parliament 1. Every citizen of the Union has the right to ` Parliament elections euvoto pean and eligibility in the Member State of residence, under the same conditions nationals of that State. 2. Members of the European Parliament are elected by direct universal suffrage, free and secret. Explanation Article. 39 applies under the conditions laid down in Parts I and III of the Constitution, pursuant to art. 52, par. 2, of the Charter. In fact, par. 1 of Art. 39 corresponds to the right guaranteed by Article. I- 10, par. 2, of the Constitution (see. Also the legal base of al` esercil'art. III - 126 for the adoption of modalities uncle of that right) and the par. 2 corresponds to Article. I- 20, par. 3, of the Constitution. Par. 2 of art. 39 ri`pi base of the electoral system in a democratic state takes the princi .
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Article II - 99 of the Constitution .
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ARTICLE 40 83 ` Right to vote and eligibility in municipal elections Every citizen of the Union shall have the right to vote in municipal elections and ` State of eligibility member in which he resides, under the same conditions as nationals of that State. Explanation This Article corresponds to the right guaranteed by Article. I- 10, par. 2, of the Constitution (see. Also the legal base Art. III - 126 for the adoption of ` the exercise of that right ). Under Article. mode 52, par. 2, it applies under the conditions defined in these Articles of Parts I and III of the Constitution. ARTICLE 41 84 Right to good administration 1. Every person has the right to have the matters concerning him are handled impartially, fairly and within a reasonable time by the institutions, bodies and agencies of the Union. 2. This right includes:
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83 84
Article II - 100 of the Constitution. Article II - 101 of the Constitution .
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a) the right of every person to be heard before against him is adopted any individual measure which would prejudice; b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and professional secrecy; c) the obligation of the administration to give reasons for its decisions. 3. Everyone has the right to compensation from the Union of the damage caused by its institutions or by its servants in the performance of their duties `the most common to the general princi ordinaconformemente the minds of the Member States. `Address the institutions 4. Everyone can Union in one of the languages ??of the Constitution and must have an answer in the same language. Explanation `based on the existence of the Union in Article. 41 and `law whose characteristics because communities were developed in the case law which enshrined inter alia good administration as a general principle of law (see. Inter alia, the judgment of the Court of 31 March 1992 in Case C-255 / 90 P. Burban, Rec. 1992, I-2253, and the judgments of the Court of First Instance of 18 September ¨ lle, Rec. 1995, p. II-2589, 1995, T-167/94, No 9 July 1999 , T-231/97 New Europe Consulting and others, (II-2403).
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The wording for that right in the first two paragraphs results from the case law (see. The judgments of the Court of 15 October 1987, Case 222/86, Heylens, Rec. 1987, p. 4097, paragraph 15, of 18 October 1989 in Case 374 / 87 Orkem, Rec. 1989, p. 3283; ¨ München, of 21 November 1991 in Case C-269/90, TU Mu Rec. 1991, p. I-5469, and the judgments of the Court of First Instance of 6 December 1994 in Case T-450/93 Lisrestal, Rec. 1994, p. II-1177; September 18 ¨ lle, Rec. 1995, p. II-258) 1995 in Case T-167/94 and No, as it regards the obligation to give reasons, art. 253 of the EC Treaty, now replaced by art. I-38, par. 2, of the Constitution (see. Also the legal base Art. III-398 of the Constitution for the adoption of rules to ensure an open, efficient and independent). Par. 3 reproduces the right now guaranteed by Article. III431 the Constitution. Par. 4 reproduces the right now guaranteed by Article. I10, par. 2, letter d), and art. III-129 of the Constitution. Under Article. 52, par. 2, these rights apply to the conditions and limits defined by Part III of the Constitution. The right to an effective remedy, which is a `guaranteed art. important aspect of the matter, 85 and 47 of this Charter.
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Article II - 107 of the Constitution .
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ARTICLE 42 86 Right of access to documents Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State has the right of access to documents of the institutions, bodies and agencies, regardless of the form in which they are produced.
` Explanation was riIl right guaranteed in this article and took the art. 255 of the EC Treaty, pursuant ` adoption of Regulation 1049 / 2001 and of which the European Convention has extended this right to documents of institutions, bodies and agencies generally, regardless of the form in which they are produced (see art. I- 50, par. 3, of the Constitution ). Under Article. 52, par. 2, of the Charter, the right of access to documents is exercised under the conditions and within the limits defined in Articles. I- 50, par. 3 and III - 399.
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Article II - 102 of the Constitution .
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ARTICLE 43 87 European Ombudsman Any citizen of the Union or 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 institutions, bodies or agencies Union, except the Court of Justice and the Court in the exercise of their judicial functions. Explanation ` what Gail right guaranteed in this Article and Articles rantito. I- 10 and III - 335 of the Constitution. Under Article. 52, par. 2, of the Charter, it applies under the conditions defined in these two Articles. ARTICLE 44 88 Right to petition Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament .
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87 88
Article II - 103 of the Constitution. Article II - 104 of the Constitution .
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Explanation `what Gail right guaranteed in this Article and Articles rantito. I-10 and III-334 of the Constitution. Under Article. 52, par. 2, it applies under the conditions defined in these two Articles. ARTICLE 45 89 `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. `Of movement and residence may` s2. Freedom evenings granted, in accordance with the Constitution, to nationals of third countries legally resident in the territory of a Member State. Explanation `Alil that guaranteed right guaranteed by para. 1 and Art. I-10, par. 2, letter a) of the Constitution (see. Also the legal base Art. III-125 and the judgment of the Court of Justice of 17 September 2002 in Case C-413/99 Baumbast, Rec. 2002, p. 709). Under Article. 52, par. 2, it applies under the conditions and within the limits defined in Part III of the Constitution.
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Article II - 105 of the Constitution .
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Par. 2 refers to the power granted to the Union by Articles. III - 265 - III - 267 of the Constitution. It follows that the granting of this right depends on the exercise of that power by the institutions.
ARTICLE 46 90 Diplomatic and consular protection Every citizen of the Union shall, in the territory of a third country in which the Member State of which ` represented, the protection is a national and not ` diplomatic and consular authorities of any Member State under the same conditions as nationals of that State .
Explanation ` what Gail right guaranteed in this article and rantito art. I- 10 of the Constitution (see. Also the legal base Art. III - 127 ). In accordance with Article. 52, par. 2, it applies under the conditions defined in these Articles .
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Article II - 106 of the Constitution .
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TITLE VI JUSTICE ARTICLE 47 91 Right to an effective remedy and a fair trial gaOgni ` Everyone whose rights and whose freedom anteed by Union law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid in this article. Everyone has the right to have his case dealt with fair and public hearing within a reasonable time by an independent and impartial tribunal, previously established by law to `. Everyone has the faculty being advised, defended and represented. ` To those who do not have sufficient means and ` be granted legal aid if the State what is necessary to ensure effective access to justice. Explanation The first paragraph is based on Article 13 of the ECHR:
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Article II-107 of the Constitution.
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`Recog" Everyone whose rights and whose freedom nised in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in their official official." More `` However, in Union law, the protection and extensive since it guarantees the right to an effective remedy before a tribunal. The Court of Justice enshrined that right in its judgment of 15 May 1986 as a general principle of EU law (Johnston, Case 222/84, Rec. 1986, p. 1651; see. Also the judgments of 15 October 1987, Case 222/86, Heylens, Rec. 1987, p. 4097, and 3 December 1992 in Case C-97/91 Borelli, Rec. 1992, p. I6313). According to the Court, that general principle of Union law also applies to Member States when they are implementing Union law. The inclusion of this precedent in the Charter was not intended to change the system of judicial review laid down in the Treaties and, in particular, the `direct actions dinorme regarding admissibility before the Court of Justice of the European Union. The European Convention has considered the Union's system of judicial review, including rules ', and confirmed them while modiin regarding admissibility ficandole in certain respects (see. Articles III-353 to III-381 of the Constitution, in particular' Art. III-365, par. 4).
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Article. 47 applies to the institutions' these atdell'Unione and the United States when it `applies to all rights gatuano EU law and what anteed by European Union law. The second paragraph corresponds to Article. 6, par. 1 of the ECHR which reads: "Every person has the right to have his case dealt with fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, which is called upon to rule on disputes over its rights and duties of a civil nature or on the merits of any criminal charge against him. The Judgment shall be pubbli` be cally, but access to the courtroom may be prohibited to the press and the public from all or part of the trial in the interests of morality, `depubblico order or national security in a society cratic, when required in the interests of juveniles or the protection of the privacy of the parties involved, or, to the extent strictly required by the tribe can nal, when in special circumstances where publicity prejudice the interests of justice." In Union law, the right to a fair hearing is not confined to disputes relating to rights and obligations' that one of the consequences of a civil nature. `` And a community of law, as the Court has found the Union and in Case 294/83, `` Les Verts '' v European Parliament (judgment of 23 April 1986, Rec. 1986, p. 1339). However, with the ex-
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ception to the scope, the guarantees afforded by the ECHR apply in a similar way to the Union. Concerning the third paragraph, it should be noted that, according to the case law of the European Court of Human Rights, must be made for legal aid al' the absence of such aid would make ineffilorche cient guarantee effective remedy (CDH judgment of 9 October 1979, Airey, Series A, Vol. 32, 11). There is also a system of legal assistance before the Court of Justice of the European Union. ARTICLE 48 92 Presumption of innocence and right of defense `presumed innocent until 1. The accused and when his guilt has been legally proven. `Guaranteed to 2. Respect for the rights of the defense, and every defendant. Explanation Article 48 is the same art. 6, paras. 2 and 3 of the ECHR which reads: `alleged '2. Anyone charged with a crime and innocent until his guilt has been legally established.
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Article II-108 of the Constitution.
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3. In particular, every accused has the right to: `Possia short time) to be informed, more bile, in a language which he understands and in detail, of the nature and cause of the accusation against him; b) to have adequate time and facilities for the preparation of his defense; c) to defend himself in person or through legal assistance of counsel of his own choosing or, if he has the means to pay for his legal assistance, to be given free legal office, when required in the interests of justice; d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; e) to have free assistance of an interpreter if he can not understand or speak the language used in court. ' In accordance with Article. 52, par. 3, this right has the same meaning and scope as the right guaranteed by the ECHR. ARTICLE 49 93 `` most of legality and proportionality of Princi `` criminal offenses and penalties be convicted of any act or 1. No one can `was committed, which, at the moment, and
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Article II-109 of the Constitution.
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did not constitute a criminal offense under national law or international law `it is assessed a. Likewise, can not `serious than that applicable at the time worth more` was committed. If, after the criminal offense and the commission of the offense, the law provides applica` slight, it should receive a sentence of more quest'ulzione tima. 2. This article shall not prejudice the trial and punishment of any person guilty of an act or `was committed, which, at the time when more and` General ricocostituiva criminal according to the princi nized by all nations. 3. The severity of penalties must not be disproportionate to the offense. Explanation This Article follows the traditional rule of the `laws and penalties relating peirretroattivita` added the rule of retroactive `nal. There `mild, existing in several Member States and most of the criminal law contained in art. 15 of the Covenant on Civil and Political Rights. `Reads as follows: Article. 7 of the ECHR `and be convicted of any act" 1. No one can `was como omission which, at the moment, and mass, did not constitute a criminal offense under national law or be assessed a` international. Likewise, can not `serious than that applicable at the time worth more` was committed. the criminal offense and
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`Judgment 2. This article shall not prejudice, and the punishment of any person guilty of un'a` tion or omission which, at the moment, and was committed, was criminal according to the` most general law recognized by nations princi civilians." `Simply suppressed to par. 2 cloudless and the word 'civil'; suppressing this does not change the meaning of this paragraph, that contem`. Conpla in particular crimes against humanity accordance with art. 52, par. 3, this right has the same meaning and scope as the right guaranteed by the ECHR. Par. 3 states the general principle of propor` of criminal offenses and penalties enshrined ality traditions common to the Member States and the giuri`. law of the Court of Justice of the Community ARTICLE 50 94 Right not to be tried or punished twice for the same offense to be tried or punished for `No one can` `already been acquitted or convicted of an offense for which and within the Union in a criminal sentence accordance with the law.
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Article II-110 of the Constitution.
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Explanation Article. 4 of prot. n. 7 to the ECHR reads: `to be tried or punished" 1. No one can be held criminally from the jurisdiction of the same State for `` already been acquitted or convicted of an offense for which and following a final judgment in accordance with the law and penal procedure of that State. 2. The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, whether new or newly discovered facts or a fundamental defect in the previous proceedings, which could affect the judgment intervened. `Authorized any exceptions to this ar3. Article not in accordance with art. 15 of the Convention." The rule of "ne bis in idem 'shall apply in EU law (see., Among the many precedents, the judgment of 5 May 1966, Gutmann v Commission, causes 18/65 and 35/65, Rec. 1966, p. 150, and, for a recent case, the judgment of the Court of First Instance of 20 April 1999, Joined Cases T-305/94 and others Limburgse Vinyl Maatschappij NV v Commission, Rec. 1999, p. II-931). It should be noted that the rule prohibiting cumulation refers to cumulation of two penalties of the same nature, in criminal cases. Under Article. 50, the rule of 'ne bis in idem "does not apply only within the jurisdiction of a` United State but also between the jurisdictions of more
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` Corresponds to the acquis dell'Umembri law. That Union (see. Articles. 54-58 of the Convention implementing the Schengen Agreement, the Court of Justice of 11 February 2003 in Case C - 187 / 01 Go ¨ tok ( not yet published ), art. 7 zu Convention on the protection of the financial interests of the European Comu` and art. 10 of the Convention on the fight against corruption ned ). The very limited exceptions, for which those Conventions permitting the Member States to derogate from the 'ne bis in idem "principle are covered by the horizontal clause of Article. 52, par. 1 concerning limitations. As for the situations covered by Article. 4 of prot. 7, namely the application of the principle within the same Member State, the guaranteed right has the same meaning and the same scope as the corresponding right in the ECHR.
TITLE VII GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER ARTICLE 51 95 Scope 1. The provisions of this Charter are addressed to the institutions, bodies and agencies of the Union
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Article II-111 of the Constitution.
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`As well as to respect the principle of subsidiarity Member States only when they implement EU law. Therefore, these individuals meet the di`pi and promote the applicaritti, observe the princi tion within their respective powers and respecting the limits of the competences conferred on the Union in other parts of the Constitution. 2. This Charter does not extend the field of appli` skills application of Union law beyond the 'Union, nor establish any new power or task' modify powers and comnuovi for the Union, it defined the tasks other parts of the Constitution. Explanation `intended to determine the range of apL'art. 51 and the application of the Charter. It seeks to establish clearly that the Charter applies primarily to the institutions and bodies of the Union in respect of prin`. This arrangement was `forcipio of subsidiarity worded faithfully art. 6, par. 2 of the Treaty on European Union, which requires the Union to ri' mandate lie with fundamental rights as well as given by the European Council in Cologne. The ter` enshrined in Part I of the word 'institutions' and `Constitution. The expression "bodies and agencies" and routinely used to all the authorities set up by the Constitution or by secondary legislation (see., Eg., Art. I-50 or I-51 of the Constitution).
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As for the United States, the giurispru` obdenza that the Court establishes unambiguously the obligation to respect fundamental rights defined in the Union applies to Member States only when they act within the scope of Union law (judgment of 13 July 1989, Wachauf, due to 5/88, Rec. 1989, p. 2609; judgment of 18 June 1991, ERT, Rec. 1991, p. I-2925, judgment of 18 December 1997, Annibaldi Case C -309 / 96, Rec. 1997, p. I-7493). The Court of Justice confirmed this case law in the following terms: 'In addition, it must be remembered that the requirements flowing from the protection of fundamental rights in Community law also binding on Member States when they implement Community rules ... "(judgment of 13 April 2000 in Case C-292/97, paragraph 37, Rec. 2000, p. 2737). Of course this rule, which san` cencita in this Charter, applies to the authorities `'tral to both regional and local authorities as well to public bodies when they are implementing Union law. Par. 2, together with the second sentence of par. 1 riba` have the effect of extending discono that the Charter can not the powers and duties assigned to the Union by al` to name three parts of the Constitution. The purpose and explicitly what follows logically from princi` and that the Union's only wishful of subsidiarity conferred powers. The fundamental rights guaranteed in the Union only in effect
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of the powers determined by Parts I and III of the Constitution. As a result, institutions dell'U` be obliged, under senione can `pi enshrined second sentence of par. 1, to promote the Charter princi only within the limits of these same powers. `Even par. 2 confirms that the Charter may not have the effect of extending the scope of `skills dell'Udel Union law of the Union established in other parts of the Constitution. It `stated by the Court of giustitratta a principle already aunt relating to fundamental rights recognized as part of Union law (judgment of 17 February 1998, C-249/96 Grant, Rec. 1998, p. I-621, point 45 of the judgment). According to this prin' that the incorporation of the Charter in principle, it should be if it is to be understood as an extension of the Constitution can not automatically in the range of Member State action considered to be 'implementation of Union law "(within the meaning of par. 1 and the case-law cited). ARTICLE 52 96 `pi Scope and interpretation of rights and princi 1. Any limitation on the exercise of the rights and` recognized by this Charter must be provided for by the law of freedom and respect the
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Article II-112 of the Constitution.
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`. In accordance with the essence of those rights and freedoms ', they can be made to the principle of proportionality limitations only if they are necessary and rispon` interest dano actually purposes recognized by the Union or the need to protect `others'. rights and freedoms 2. Rights recognized by this Charter for which other parts of the Constitution contain provisions shall be exercised under the conditions and limits defined by these relevant Parts. 3. Insofar as this Charter contains rights corresponding to those guaranteed by the European Convention for the Protection of Human Rights and Fundamental li`, the meaning and scope of those shearwater are the same as those of the said Convention. This provision shall not prevent the of` extended. EU law grants more protection 4. Insofar as this Charter recognizes 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 conten`pi may be implemented by acts of legislagono princi tive and executive acts taken by institutions, bodies and agencies' they give the Union, and by acts of Member States when implementing Union law, in 'exercise of their respective powers. They can be invoked before a court only for dell'interpreta` of such acts. tion and control of legality
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6. It takes full account of national laws and practices as specified in this Charter. 7. The explanations drawn up to guide the interpretation of the Charter of Fundamental Rights shall be given due regard by the courts of the Union and the Member States. Explanation Article. 52 is to set the scope of rights and `most of the Charter and to lay down rules for their interpretation of the essential. Par. 1 is the system of limitations. The wording is based on the case law of the Court of Justice: "... it is settled law, restrictions on the exercise of fundamental rights may be made, in particular in the context of a common organization of 'those restrictions correspond effettivamercato, as long `of general interest pursued by purposes in mind is not solved, considering the objectives of Community pursued, a disproportionate and intolerable interference, impairing the very substance of those rights" (judgment of 13 April 2000 in Case C-292/97 paragraph 45). The reference to general interests recognized by the Union covers both the objectives mentioned in Art. I-2 of the Constitution and other interests protected by specific provisions of the Constitution, as the art. I-5, par. 1, and Articles. III-133, par. 3, III-154 and III-436. `The par. 2 refers to rights which were already expressly guaranteed in the Treaty establishing the
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`EU and have been recognized in the Charter, Community and which are now found in other Parts of the Constitution (notably the rights derived from Union citizenship). It clarifies that such rights remain subject to the conditions and limits applicable to the Union law on which they are based and which is now made in Parts I and III of the Constitution. The Charter does not alter the system of rights conferred by the EC Treaty and now taken over by Parts I and III of the Constitution. Par. 3 is intended to ensure the necessary consistency between the Charter and the European Convention on Human Rights by establishing the rule that, where the rights of the present Charter also correspond to rights guaranteed by the ECHR, their meaning and scope, including authorized limitations , they are identical to those in the ECHR. This means in particular that the legislator, in laying down limitations to those rights, must comply with the standards set by the detailed `then apdelle limitations set out in the ECHR, which is lation applicable for the rights covered in this para` adversely affecting the autonomy of the right graph, without that what the Union and the Court of Justice of the European Union. The reference to the ECHR covers both the Convention and its Protocols. The meaning and scope of the guaranteed rights are determined not only by the text of those instruments, but also by the case law of the European Court of Human Rights and the Court of Justice of the European Union. The last sentence of para` intended to enable the Union to ensure a graph and
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`Wide. The protection afforded by the protection most in any case in any case can not be at a card level lower than that guaranteed by the ECHR. `Of The Charter does not affect the possibility of Member States use Article. 15 of the ECHR, which provides for an exception to the rights enshrined in the Convention in the event of war or other public emergency threatening the life of the nation, when they act in the defense in case of war and of the maintenance of ' public order, according to their `recognized art. I-5, par. 1, and responsibility Articles. III-131 and III-262 of the Constitution. `Contains a list of rights that, in Hereafter and` precluding developments in the diquesta stage, without what law, legislation and the Treaties, be regarded as corresponding to rights in the ECHR within the meaning of this paragraph. They do not include rights additional to those in the ECHR. 1. Articles of the Charter where both the meaning and scope as the corresponding Articles of the European Convention on Human Rights: Article. 2 corresponds to Article. Article 2 of the ECHR. It corresponds to Article 4. Article 3 of the ECHR. 5, paras. 1 and 2, which corresponds to Article. Article 4 of the ECHR. It corresponds to Article 6. Article 5 of the ECHR. 7 corresponds to Article. Article 8 of the ECHR. 10, par. 1, corresponds to Article. 9 of the ECHR
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Article. It corresponds to Article 11. 10 of the ECHR, `without prejudice to any restrictions which Union law may` Member States to establish faculty made to the licensing arrangements in art. 10, par. 1, third sentence of the ECHR Article. It corresponds to Article 17. 1 of the Protocol to the ECHR Article. 19, par. 1, corresponds to Article. 4 of prot. n. Article 4. 19, par. 2, corresponds to Article. 3 of the ECHR as interpreted by the European Court of Human Rights Article. It corresponds to Article 48. 6, paras. 2 and 3 of the ECHR Article. 49, par. 1 (except the last sentence) and par. 2, corresponds to Article. 7 of the ECHR. 2. Articles where the meaning is the same as the corresponding Articles of the Convention eu` most in amropea human rights, but where the scope and pious: the art. Article 9 covers the same field. 12 of the ECHR, `be extended to his alma scope can three forms of marriage if these are established by national law Article. 12, par. 1, corresponds to Article. 11 of the `extended to liCEDU, but its scope and level of the European Union Article. 14, par. 1, corresponds to Article. 2 of the Additional Protocol to the ECHR, but its field of ap-
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`Extended access to training and profesplicazione-making and continue the art. 14, par. 3, corresponds to Article. 2 of the Protocol to the ECHR as regards the rights of parents Article. 47, paras. 2 and 3 corresponds to Article. 6, par. 1 of the ECHR, but the limitation to the rights and duties of a civil or criminal charges does not apply to EU law and its implementation Article. It corresponds to Article 50. 4 of prot. n. 7 `extended level dell'Udella ECHR, but its scope and the European Union between the courts of the Member States, finally, within the scope of EU law, citizens of the European Union can not be considered as aliens under `ban. Perqualsiasi discrimination based on nationality so, the limitations provided by art. 16 of the ECHR as regards the rights of aliens do not apply to them in this context. `The rule of interpretation contained in par. 4 and was based on the wording of Article. 6, par. 2 of the Treaty on European Union (cfr. The formulation art. I-9, par. 3, of the Constitution) and takes due account of the approach to the constitutional traditions common to the `Court of Justice (eg. , judgment of 13 December 1979 follow, Case C-44/79 Hauer, Rec. 1979, p. 3727; judgment of 18 May 1982 in Case 155/79, AM u0026 S, Rec. 1982, p. 1575). Under that rule, rather than following a rigid approach of 'mil-
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nimo common denominator, "these rights enshrined in the Charter should be interpreted so as to offer a high level of protection which is adequate for the law of the Union and in harmony with the common constitutional traditions. Par. 5 clarifies the distinction between 'rights' and `pi' set out in the Charter. Based on this distinction, "princi` pi are subjective rights shall be respected, whereas princi `` pi can be given atosservati (art. 51, par. 1). The princi situation through legislative or executive acts (adopted by the Union in accordance with its powers, and by Member States only when they implement Union law); accordingly, they become significant for the Courts only when such acts are interpreted or reviewed. They do not however give rise to direct claims for positive action by the State `memistituzioni Union or the authorities` `and in line with both the case-bri. That of Justice (see. In particular the case law on the "precautionary principle" in art. 174 par. 2 of the EC Treaty (replaced by art. III-233 of the Constitution): judgment of the CFI of 11 September 2002 in Case T-13/99 Pfizer v Council, with numerous references to case law and a series of sen`pi of nortenze on Article. 33 (ex 39) regarding the agricultural princi lation, eg .: judgment of Court of Justice in Case C-265/85, Van den Berg, Rec. 1987, p. 1155: scrutiny of the principle of market stabilization and of reasonable expectations) and with the ap`pi "in the constitutional approach to" princi
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Member States, especially in the field of social law. For illustration, examples of prin`pi recognized in the Charter Articles. 25, 26 and 37. `moose, an Article of the Charter concuni cases and takes both elements of a right that a principle, for example. Articles. 23, 33 and 34. The par. 6 refers to the various Articles of the Charter ', refer to legiche, in view of the subsidiarity slazioni and practice. ARTICLE 53 97 Level of protection Nothing in this Charter shall be interpreted as restricting or adversely affecting the rights recognized `fundamental, human and freedoms in their respective fields of application, by Union law, international law, by international agreements which the Union or all the Member States are parties, in particular the European Convention for the Protection of fundamental rights', and by Costidell'uomo and freedoms tutions of the Member States. Explanation This provision is intended to maintain the level of protection currently afforded within their respective
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Article II-113 of the Constitution.
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fields of application, by Union law, the right of Member States and international law. Given its importance, mention is the ECHR. ARTICLE 54 98 Prohibition of abuse of rights Nothing in this Charter shall be interpreted as implying the right `or perform any act to exercise an activity` riconomiri the destruction of the rights or freedoms nised in this Charter or to impose those rights and limitations `` more extensive than those provided for by this Charter freedom. Explanation This Article corresponds to art. 17 of the ECHR: "Nothing in this Conven` be interpreted as implying tion can the right to a state, a group or an individual to eser` or perform any act aimed at distrucitare an activity recognized in the` prezione rights or freedoms `lisente Convention or to impose such rights and freedom` extensive than those provided by the same Conmitazioni more prevention. "
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Article II - 114 of the Constitution .
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PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES, RECALLING that the way in which national Parliaments scrutinize their governments and the EU ` ` a matter relating to the activities governed by the constitutional and constitutional practice proper to each Member State, DESIRING to encourage greater par` deltecipazione national parliaments of the activities ` espril'Unione European and to enhance their ability to press their views on draft European legislative acts and other matters which by their special interest, hAVE AGREED UPON the following provisions, which are annexed to the Treaty establishing a Constitution ` euper Europe and the Treaty establishing the Community Atomic Energy Community:
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TITOLO I COMUNICAZIONE DI INFORMAZIONI AI PARLAMENTI NAZIONALI Articolo 1 I documenti di consultazione redatti dalla Commissione (libri verdi, libri bianchi e comunicazioni) sono inviati direttamente dalla Commissione ai parlamenti nazionali all'atto della pubblicazione. La Commissione trasmette inoltre ai parlamenti nazionali il programma legislativo annuale e gli altri strumenti di programmazione legislativa o di strategia politica nello stesso momento in cui li trasmette al Parlamento europeo e al Consiglio. Articolo 2 I progetti di atti legislativi europei indirizzati al Parlamento europeo e al Consiglio sono trasmessi ai parlamenti nazionali. Ai fini del presente protocollo, per «progetto di atto legislativo europeo» si intende la proposta della Commissione, l'iniziativa di un gruppo di Stati membri, l'iniziativa del Parlamento europeo, la richiesta della Corte di giustizia, la raccomandazione della Banca centrale europea e la richiesta della Banca europea per gli investimenti, intese all'adozione di un atto legislativo europeo.
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Draft European legislative acts originating from the Commission shall be forwarded to national Parliaments directly by the Commission, at the same time they are transmitted to the European Parliament and the Council. Draft European legislative acts originating from the European Parliament shall be forwarded to national Parliaments directly by the European Parliament. Draft European legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank shall be forwarded to national Parliaments by the Council. Article 3 National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on the con` of a draft European legislative act in conformity ', according to the procedure of subsidiarity preprincipio view from the Protocol on the application principles of proportionality and of ``. subsidiarity was `If the draft European legislative act and by a group of Member States, the President of the Council shall forward the reasoned opinion or opinions to the governments of those Member States. `If ??the state draft European legislative acts and from the Court of Justice, the European Central Bank or the European Investment Bank, the
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President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned. Article 4 A six-week period between the date on which it makes available to national Parliaments in the official languages ??of the Union, a draft European legislative act and the date on which que` the agenda Provisional am and the Council for its adoption or for adoption of a position under a legislative procedure. In urgent cases allowed exceptions whose motivations are stated in the act or position of the Council. Except in urgent cases, duly substantiated, during those six weeks `no agreement be found on the project can not European legislative act. Except in duly substantiated cases of urgency, including the placing of a draft European legislative act on the provisional agenda of the Council and the adoption of a position must spend ten days. Article 5 The agendas for and the outcome of meetings of the Council, including the minutes of meetings where the Council is deliberating on draft European legislative acts, shall be forwarded directly to national Parliaments at the same time they are communicated to the governments of the Member States.
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Article 6 When the European Council intends to make use of Article IV - 444, paragraph 1 or 2 of the Constitution, national Parliaments shall be informed of the initiative of the European Council at least six months before any European decision is adopted. Article 7 The Court of Auditors shall forward for information its annual report to national Parliaments at the same time that transmits it to the European Parliament and the Council. Article 8 ` When the national Parliamentary system is not unicameral, Articles 1 to 7 shall apply to the component chambers.
TITLE II INTERPARLIAMENTARY COOPERATION Article 9 The European Parliament and national Parliaments shall together determine the organization and promotion
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tion of effective and regular interparliamentary cooperation within the Union. Article 10 A conference of Parliamentary spe` submit alcializzati Union Affairs can the attention of the European Parliament, the Council and the Commission any contribution it deems appropriate. The conference also promotes the exchange of information and best practice between national parliaments and the European Parliament, including their commissions spe` altresi ' organize conferences intercializzate. Can MPs on specific topics, in particular to debate matters of common foreign and security policy, including the common security and defense policy. Contributions from the conference shall not bind national parliaments or prejudge their position.
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PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF ` ` SUBSIDIARITY AND PROPORTIONALITY THE HIGH CONTRACTING PARTIES, WISHING to ensure that decisions are ` close as possible to the citizens of the Union; took the most RESOLVED to establish the conditions and proportionality dell'ap` ` application of the principles of subsidiarity enshrined in Article I - 11 of the Constitution, and to establish a system for monitoring the application of those principles ; HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe: Article 1 Each institution shall ensure constant is proporzionarispetto of the principles of subsidiarity ` lita defined in Article I- 11 of the Constitution. Article 2 Before proposing European legislative acts, the Commission shall consult widely. These consultations should take into account, where appropriate, the regional and local dimension of the measures.
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In cases of exceptional urgency, the Commission shall not conduct such consultations. It motivates the decision in its proposal. Article 3 For the purposes of this Protocol, "draft European legislative acts" shall mean proposals from the Commission, the initiative of a group of Member States, the initiative of the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank, direct adoption of a European legislative act. Article 4 The Commission shall forward its draft European legislative acts and its amended drafts to national Parliaments at the same time as to the Union legislator. The European Parliament shall forward its draft European legislative acts and its amended drafts to national Parliaments. The Council shall forward draft European legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank and amended drafts to national Parliaments.
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Upon adoption, legislative resolutions of the European Parliament and positions of the Council shall be forwarded by them to national Parliaments.
Articolo 5 I progetti di atti legislativi europei sono moti` e di vati con riguardo al principio di sussidiarieta ` . Ogni progetto di atto legislativo euproporzionalita ropeo dovrebbe essere accompagnato da una scheda contenente elementi circostanziati che consentano di ` e di valutare il rispetto dei principi di sussidiarieta ` . Tale scheda dovrebbe fornire eleproporzionalita menti che consentano di valutarne l'impatto finanziario e le conseguenze, quando si tratta di una legge ` atquadro europea, sulla regolamentazione che sara tuata dagli Stati membri, ivi compresa, se del caso, la legislazione regionale. Le ragioni che hanno por` tato a concludere che un obiettivo dell'Unione puo essere conseguito meglio a livello di quest'ultima sono confortate da indicatori qualitativi e, ove possibile, quantitativi. I progetti di atti legislativi europei ` che gli oneri, siano tengono conto della necessita essi finanziari o amministrativi, che ricadono sull'Unione, sui governi nazionali, sugli enti regionali o locali, sugli operatori economici, sui cittadini, siano il meno gravosi possibile e commisurati all'obiettivo da conseguire.
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Article 6 Any national Parliament or any `within a tercamera of a national Parliament may mines of six weeks from the date of transmission of a draft European legislative act, send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion stating why it considers that the project in question does not comply with the principle of sus`. It is up to each national Parliament or sidiarieta each chamber of a national Parliament to consult regional parliaments with legislative powers. `It was presented If the draft legislative act and by a group of Member States, the President of the Council shall forward the opinion to the governments of those Member States. `It was presented If the draft legislative act and by the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the opinion to the institution or body concerned. Article 7 The European Parliament, the Council and the Commission and, where appropriate, the group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft legislative act originates from they, voltage
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Gono account of the reasoned opinions issued by national Parliaments or by a chamber of a national Parliament. Each national Parliament has two votes, shared out according to the national parliamentary system. In a bicameral Parliamentary system, each of the two chambers has one vote. Where reasoned opinions on non-compliance of `part of a draft European legislative act on the principle of subsidiarity represent at least one third of all the votes allocated to national parliaments in accordance with the second paragraph, the draft must es` a quarter where evenings reviewed. This threshold and this is a draft European legislative act submitted on the basis of Article III-264 of the Constitution ', security and justice. on the area of ??freedom After such review, the Commission and, where appropriate, the group of Member States, the European Parliament, the Court of Justice, the European Central Bank or the European Investment Bank, if the draft `act originates from them, may` decilegislativo European Dere and maintain the project, amend or withdraw it. This decision must be substantiated. `Article 8 The Court of Justice of the European Union and competent to rule on proceedings for infringement by a European legislative act, brought in accordance with the principle of` `the modalities subsidiarity provided for in Article III-365 of the Constitution by
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` Member, or notified by them in accordance with their legal order on behalf of its national Parliament or a chamber of the national parliament said. ` ` To the mode provided by the In accordance Article, such actions may be brought also by the Committee of the Regions against European legislative acts for the adoption of which the Constitution provides that it be consulted. Article 9 The Commission shall submit to the European Council, the European Parliament, the Council and national Parliaments a report on the application of Article 11 of the Constitution. The annual report must also be sent to the Committee of the Regions and the Economic and Social Committee.
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PROTOCOL ON THE EXCESSIVE DEFICIT PROCEDURE
THE HIGH CONTRACTING PARTIES, ` proDESIDERANDO specify the mode of the excessive deficit procedure referred to in Article III184 of the Constitution, HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe: Article 1 The values ??of reference in Article III - 184, paragraph 2 of the Constitution are: a) 3% for the ratio of the budget deficit, expected or actual gross domestic product at market prices ; b ) 60% for the ratio of government debt to gross domestic product at market prices. Article 2 For the purposes of Article III - 184 of the Constitution and of this Protocol shall apply:
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a) "government" means general government, that is central government, regional or local government and social security funds, to the exclusion of commercial operations, as defined in the European System of Integrated Economic Accounts ; b ) ' deficit' means net borrowing as defined in the European System of Integrated Economic Accounts ; c ) ' investment' means gross fixed capital formation as defined in the European System of Integrated Economic Accounts ; d ) "debt" means total gross debt at nominal value outstanding at the end of the year and consolidated between and within the sectors of general government as defined in point a ).
Article 3 In order to ensure the effectiveness of the excessive deficit procedure, the governments of the Member States, in accordance with the procedure itself, are responsible for the deficits of general government as defined in Article 2, letter a). Member States shall ensure that national procedures in the budgetary area enable them to meet their obligations under the Constitution in this area. Member States shall report to the Commission, promptly and regularly about their deficit, ' the level of their deprevisto and effective as well as the context .
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Article 4 The statistical data to be used for the implementation of this Protocol shall be provided by the Commission.
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PROTOCOL ON THE EURO
THE HIGH CONTRACTING PARTIES, DESIRING to promote conditions for stronger economic growth in the European Union and, to that end, to develop a more `close coordination of economic policies within the euro area, most in diCONSAPEVOLI to predict the need for special provisions enhanced dialogue between the `the euro, pending the euro Member States whose currency and becoming the currency of all Member States of the Union, HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for 'Europe: `Article 1 The Ministers of the Member States whose currency is the euro and meet informally. `Such meetings, to discuss take place, depending on the needs` specific questions related to the responsibilities they share with regard to the single currency. The Commission attends the meetings. The Central Bank `invited to take part in such meetings, European and prepared by the representatives of the Ministers responsible
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` Finance of the Member States whose currency and the euro and of the Commission. ` Article 2 The Ministers of the Member States whose currency and the euro shall elect a president for a term of two and a half years, a majority of those Member States.
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PROTOCOL ON PERMANENT STRUCTURED COOPERATION ESTABLISHED BY ARTICLE I- 41, PARAGRAPH 6, AND ARTICLE III - 312 OF THE CONSTITUTION
THE HIGH CONTRACTING PARTIES, HAVING REGARD TO Article I-41, paragraph 6 and Article III312 of the Constitution, RECALLING that the Union is pursuing a common foreign and security policy based on the achievement of a degree of convergence of Member States' actions in steady growth; RECALLING that the common security and defense policy is an integral part of the common foreign and security policy; which ensures that the operational U` founded on Union has a capacity `use civilian and military means; that the Union can such assets in the tasks referred to in Article III-309 of the Constitution taking place on the outside to ensure the maintenance of peace, conflict prevention and strengthening international security in accordance with the principles of the Charter of United Nations; that the execution of these tasks is based on military Ca provided by Member States, conformepacita mind the principle of "single set of forces";
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RECALLING that the common security and defense policy of the Union does not prejudice the specific character of the security and defense policy of certain Member States; RECALLING that the common security and defense policy of the Union respects the obligations under the Treaty of the North Atlantic to the United States, which see their common defense realized in the Organization of the Treaty of the North Atlantic, which remains the foundation of the collective defense of `compatible with the common sicusuoi members, and and rity and defense policy established within that framework; `Assertive Union role in CONVINCED that a more` `vitality to the area of ??security and defense will contribute to a renewed Atlantic Alliance, in accordance with agreements" Berlin plus "; DETERMINED to ensure that the Union is that `capable of fully assuming its international responsibility '; its obligations in the community RECOGNIZING that the Organization of the `ask the assistance of the United Nations can to implement, in emergency situations, missions undertaken under Chapters VI and VII of the UN Charter; RECOGNIZING that the strengthening of efforts by the lytic little bit of security and defense will require `; Member States in the field of capacity
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CONSCIOUS that embarking on a new stage in the development of European security and defense policy involves a determined effort by de`; Member States who have expressed the availability is important that the Minister of Foreign Affairs and RECALLING that being fully involved in proceedings relating to permanent structured cooperation; HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe: Article 1 1. The permanent structured cooperation which `Article I-41, paragraph 6 of the Constitution and be open to any Member State that s 'commitments, from the date of entry into force of the Treaty establishing a Constitution for Europe: `intensively to develop a) proceed most in defense, through the development of its ability its national contributions and participation, where If, in multinational forces, in the main European equipment programs `Agency and the attivita 'of defense, in the development of skills, research, acquisition and armaments (European Defence Agency), and `late in b) to be able to provide, at most 2007, at national level or as a component of groups
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`Targeted combat multinational force, together with the missions planned, structured at a tactical level as a battle group, with support elements including transport and logistics, capable of carrying out the tasks referred in Article III-309, within a period of 5 to 30 days, in particular in response to requests of the United Nations, and sustained for an initial period of 30 days and be extended up to at least 120 days. Article 2 1. The Member States participating in permanent structured cooperation shall undertake to achieve the objectives set out in Article 1: a) cooperate, as from the entry into force of the Treaty establishing a Constitution for Europe, in order to achieve objectives concerning the level of capital expenditures in the area of ??defense equipment, and regularly review these objectives, in the light of the security environment and re` International Union; RESPONSIBILITIES ENTAILED b) bring to the extent possible, their instruments of defense, particularly by harmonizing the identification of their military needs, by pooling 'of and, where appropriate, specializing their assets and capabilities' defense as well as encouraging cooperation in fields of training and logistics; c) take concrete measures to enhance the `` interoperability, flexibility is the schiedisponibilita
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`Of their forces, in particular by identifying constituents common objectives regarding the commitment of forces, including possibly reviewing their national decision-making procedures; d) work together to ensure that they take the necessary measures to make good, including through multinational approaches, and without prejudice to undertakings in this regard within the Organization of the Treaty of the North Atlantic, the shortfalls perceived in the framework of the ''; "Development Mechanism and capacity) to participate, as appropriate, the development of joint or European equipment-reaching in the framework of the European Defence Agency. Article 3 1. The European Defence Agency shall contribute to the regular assessment of the contributions of States', in partimembri participants regarding the ability of the particular contributions made in accordance with the criteria to be established inter alia on the basis of Article 2, and report thereon at least once a year. The va` serve as a basis lutazione potra recommendations and decisions of the European Council adopted in accordance with Article III-312 of the Constitution.
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PROTOCOL ON ARTICLE III - 214 OF THE CONSTITUTION THE HIGH CONTRACTING PARTIES HAVE AGREED arrangement se` annexed to the Treaty establishing a Costituguente, which tion for Europe: Sole Article 1. For the purposes of Article III 214 ` a redella Constitution, benefits by virtue occupational social security scheme will not be considered as remuneration if and to the extent that they are attributable to periods of employment prior to 17 May 1990, except for workers or their dependents that, before that date, initiated legal proceedings or introduced an equivalent claim under the applicable national law.
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PROTOCOL ON ECONOMIC, SOCIAL AND TERRITORIAL
THE HIGH CONTRACTING PARTIES, RECALLING that Article I-3 of the Constitution provides among other objectives to promote economic, social and territorial cohesion and the `between the United States and that the said cohesion fisolidarieta figure among the areas of shared competence of 'Union set out in Article I-14, paragraph 2, letter c) of the Constitution; RECALLING that the provisions of Part III, Title III, Chapter III, Section 3 of the Constitution, on economic, social and territorial provide, as a whole, the legal basis for consolidating and further developing the Union in the field economic, social and territorial cohesion, `to create a fund; including the possibility RECALLING that Article III-223 of the Constitution provides for the establishment of a cohesion fund; NOTING that the European Investment Bank is lending large and sem` poor; pre more on the regions most
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487
NOTING the desire for greater `` in the mode of resource allocation `structural flexibility; from funds purposes NOTING the desire for modulation of the levels of Union participation in programs and projects in certain Member States; NOTING the proposal to take greater account of the `relative prosperity of the United States in the system of own resources, they HAVE AGREED arrangement se` annexed to the Treaty establishing a Costituguente, which tion for Europe: Sole Article 1. The Member States States reaffirm that the promotion of economic, social and territorial `vital for the full development and two Honourable Union's success. 2. The Member States reaffirm their conviction that `structural funds should continue to svoli purposes gere a considerable part in the achievement of Union objectives in the field of cohesion. 3. The Member States reaffirm their conviction that the European Investment Bank should continue to devote most of its resources to the promotion of economic, social and territorial cohesion, and declare their willingness to review the capital needs
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the European Investment Bank not ap` is necessary for that purpose. worth what 4. The Member States agree that the Cohesion Fund shall provide Union financial contributions to projects in the fields of environment and trans-European networks in Member States with a GNP per capita below 90% of the Union average which have a program designed to meet the economic convergence conditions referred to in Article III-184 of the Constitution. 5. The Member States declare their intention of concesmettere for `in a greater margin of flexibility in funding sion` structural funds to `specific purposes other than to take account of the needs covered under the present Structural Funds regulations to`. purposes 6. The Member States declare their willingness to modulate the levels of Union participation in the `context of programs and projects of the Structural Funds, to avoid excessive increases in budgetary expenditure in the less prosperous Member States. `A 7. The Member States recognize the need to monitor regularly the progress made towards achieving economic, social and territorial cohesion and state their willingness to study all necessary measures. 8. The Member States declare their intention of tea ner greater account of the contributive capacity of individual Member States in the system of own resources and to examine, for the less prosperous Member States,
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` ESII correction means regressive elements hardship in the current system of own resources.
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PROTOCOL RELATING TO ARTICLE I- 9, PARAGRAPH 2 OF THE CONSTITUTION ON THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS `
THE HIGH CONTRACTING PARTIES HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe: Article 1 1. The agreement relating to the accession of the Union to the European Convention for the Protection of fundamental rights ' ( in below man and freedoms referred to as ' European Convention ') provided for in Article I- 9, paragraph 2 of the Constitution shall make provision for preserving the specific characteristics of the Union and Union law, in particular as regards: ` specifications of any partecia ) the modalities of the employment to the control bodies of the European Convention, b ) the mechanisms necessary to ensure that proceedings by non-Member States and individual applications
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siano indirizzate correttamente, a seconda dei casi, agli Stati membri e/o all'Unione. Articolo 2 1. L'accordo di cui all'articolo 1 deve garantire ´ sulle competenze delche l'adesione non incida ne ´ sulle attribuzioni delle sue istituzioni. l'Unione ne Esso deve garantire che nessuna sua parte incida sulla situazione particolare degli Stati membri nei confronti della convenzione europea e, in particolare, riguardo ai suoi protocolli, alle misure prese dagli Stati membri in deroga alla convenzione europea ai sensi del suo articolo 15 e a riserve formulate dagli Stati membri nei confronti della convenzione europea ai sensi del suo articolo 57. Articolo 3 1. Nessun elemento dell'accordo di cui all'articolo 1 deve avere effetti sull'articolo III-375, paragrafo 2 della Costituzione.
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PROTOCOL ON TRANSITIONAL PROVISIONS RELATING TO THE INSTITUTIONS AND BODIES
THE HIGH CONTRACTING PARTIES, WHEREAS, in order to organize the transition from the European Union established by the Treaty sull'U` eunione European Union and the European Community -European established by the Treaty establishing a Constitution ` necessary preper Europe, which happens to both, and see transitional rules before they take effect all the provisions of the Constitution and the instruments necessary for their application hAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing a Constitution ` euper Europe and the Treaty establishing the Community Atomic Energy Community:
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TITLE I PROVISIONS CONCERNING THE EUROPEAN PARLIAMENT
Article 1 1. In advance of the European parliamentary elections in 2009, the European Council shall, in accordance with Article I-20, paragraph 2, second paragraph of the Constitution, a European decision establishing the composition of the European Parliament. 2. During the 2004-2009 parliamentary term, the composition and the number of representatives in the European Parliament elected in each Member State shall remain the same as at the date of entry into force of the Treaty establishing a Constitution for Europe, and the number of `fixed as follows: representatives and Belgium....... Czech Republic Denmark.... Germany..... Estonia...... Greece....... Spain...... France...... Ireland.................................................................................................................................... 24 24 14 99 6 24 54 78 13
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Italy...... Cyprus..... Latvia.... Lithuania.... Luxembourg Hungary... Malta..... Netherlands.. Austria.... Poland.... Portugal.. Slovenia... Slovakia.. Finland... Sweden..... United Kingdom.
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78 6 9 13 6 24 5 27 18 54 24 7 14 14 19 78
TITLE II PROVISIONS CONCERNING THE EUROPEAN COUNCIL AND THE COUNCIL OF MINISTERS
Article 2 1. Article I- 25, paragraphs 1, 2 and 3 of the Constitution on the definition of qualified majority in the European Council and the Council shall take effect on 1 no-
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vember 2009, after the European Parliament elections of 2009, in accordance with Article I-20, paragraph 2 of the Constitution. 2. Until 31 October 2009, they are in force the following, without prejudice to Article I-25, paragraph 4 of the Constitution. 3. For acts of the European Council and the Council requiring a qualified majority, `given the following ponderaai votes of the members tion and Belgium....... Czech Republic Denmark.... Germany..... Estonia...... Greece....... Spain...... France...... Ireland...... Italy........ Cyprus....... Latvia...... Lithuania...... Luxembourg.. Hungary..... Malta....... Netherlands.... Austria...... Poland...... Portugal......................................................................................................................................................................................................................................................................... 12. 12. 7. 29. 4. 12. 27. 29 .. 7. 29. 4. 4. 7. 4. 12. 3. 13. 10. 27. 12
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Slovenia................... Slovakia.................. Finland................... Sweden..................... United Kingdom.................
4 7 7 10 29
4. Acts shall be adopted if at least 232 votes, expressing a vote favore` vole majority of the members where, by virtue of the Constitution, must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 232 votes in favor cast by at least two thirds of the members. 5. A member of the European Council or the Consi` request that, where 'the European Council or the Council may Council adopting an act by a qualified majority, request verification that the Member States constituting the qualified majority represent at least 62% of the total population Union. If such con` adopted. diction is not met, the act and 6. For subsequent accessions, the threshold referred to pa` calculated so that the threshold for qualified majority magragrafo 2 and expressed in votes does not exceed that resulting from the table in the Declaration on enlargement of the European Union, recorded in the Final Act of the Conference which adopted the Treaty of Nice.
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7. The following provisions relating to the definition shall take effect on 1 November 2009: Article I-44, paragraph 3, third, fourth and fifth paragraphs of the Constitution; Article I-59, paragraph 5, second and third paragraphs of the Constitution; Article I-60, paragraph 4, second paragraph of the Constitution; Article III-179, paragraph 4, third and fourth paragraphs of the Constitution; Article III-184, paragraph 6, third and fourth paragraphs of the Constitution; Article III-184, paragraph 7, third and fourth paragraphs of the Constitution; Article III-194, paragraph 2, second and third paragraphs of the Constitution; Article III-196, paragraph 3, second and third paragraphs of the Constitution; Article III-197, paragraph 4, second and third paragraphs of the Constitution; Article III-198, paragraph 2, third paragraph of the Constitution; Article III-312, paragraph 3, third and fourth paragraphs of the Constitution; Article III-312, paragraph 4, third and fourth paragraphs of the Constitution; Article 1, second, third and fourth paragraphs, and Article 3, paragraph 1, second, third and fourth paragraphs
498
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del protocollo sulla posizione del Regno Unito e dell'Irlanda rispetto alle politiche relative ai controlli alle frontiere, all'asilo e all'immigrazione, e rispetto alla cooperazione giudiziaria in materia civile e alla cooperazione di polizia; articolo 1, secondo, terzo e quarto comma e articolo 5, terzo, quarto e quinto comma del protocollo sulla posizione della Danimarca. 8. Fino al 31 ottobre 2009, qualora non tutti i membri del Consiglio prendano parte alle votazioni, ossia nei casi di cui agli articoli enumerati al primo comma, per maggioranza qualificata si intende una proporzione dei voti ponderati, una proporzione del numero dei membri del Consiglio ed eventualmente una percentuale della popolazione degli Stati membri interessati pari a quelle previste al paragrafo 2.
Article 3 1. Until the entry into force of the European decision referred to in Article I- 24, paragraph 4 of Costi` meet in the configurations institution, the Council may ' provided for in Article I- 24, paragraphs 2 and 3 as well as ` denelle established with other configurations on the list and decision of the European Council's " General Affairs ", acting by a simple majority .
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TITLE III PROVISIONS CONCERNING THE COMMISSION, INCLUDING THE UNION MINISTER FOR FOREIGN AFFAIRS Article 4 1. Members of the Commission in office on the date of entry into force of the Treaty establishing a Constitution for Europe shall remain in office until the expiry of their mandate. However, the day of the appointment of the Minister for Foreign Affairs, comes to an end the mandate of the member of the ` minister. having the same nationality
TITLE IV PROVISIONS CONCERNING THE SECRETARY- GENERAL OF THE COUNCIL, HIGH REPRESENTATIVE FOR THE COMMON FOREIGN AND SECURITY POLICY, AND THE DEPUTY SECRETARY -GENERAL OF THE COUNCIL Article 5 1. The term of office of the Secretary General of the Council, High Representative for Common Foreign and Security Policy , and the Deputy Secretary-General
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the Council shall end on the date of entry into force of the Treaty establishing a Constitution for Europe. The Board appoints the secretary general ` Article III - 344, paragraph 2 of the Constitution in conformity.
TITLE V PROVISIONS CONCERNING ADVISORY BODIES Article 6 1. Until the entry into force of the European decision referred to in Article III - 386 of the Constitution, ' the allocation of members of the Committee of the Regions and the following: Belgium....... Czech Republic Denmark.... Germany..... Estonia...... Greece....... Spain...... France...... Ireland...... Italy........ Cyprus....... Latvia.............................................................................................................................................................................. 12 12 9 24 7 12 21 24 9 24 6 7
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501.................................................... 9 6 12 5 12 12 21 12 7 9 9 12 24
Lithuania.... Luxembourg Hungary... Malta..... Netherlands.. Austria.... Poland.... Portugal.. Slovenia... Slovakia.. Finland... Sweden..... United Kingdom.
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Article 7 1. Until the entry into force of the European decision referred to in Article III - 389 of the Constitution, the allocation of members of the Economic and ` the following: social and Belgium....... Czech Republic Denmark.... Germany..... Estonia...... Greece....... Spain...... France...... Ireland...... Italy........................................................................................................................................... 12. 12 .. 9. 24. 7. 12. 21. 24. 9. 24
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Cyprus..... Latvia.... Lithuania.... Luxembourg Hungary... Malta..... Netherlands.. Austria.... Poland.... Portugal.. Slovenia... Slovakia.. Finland... Sweden..... United Kingdom.
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6 7 9 6 12 5 12 12 21 12 7 9 9 12 24
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503
PROTOCOL AMENDING THE TREATY ESTABLISHING THE EUROPEAN ` ATOMIC ENERGY
THE HIGH CONTRACTING PARTIES, RECALLING the fact that the ` eurodisposizioni the Treaty establishing the Atomic Energy Community should continue to have full legal effect, DESIRING 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 AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe and amend the Treaty establishing the European Atomic Energy Community ' as follows: Community
Article 1 1. This Protocol shall amend the Treaty ' establishing the European Atomic Energy Community
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( EAEC Treaty ) as in force at the entry into force of the Treaty establishing a Constitution for Europe. 2. Subject to the provisions of Article IV - 437 of the Treaty establishing a Constitution for Europe and without prejudice to the other provisions of this Protocol, the legal effects of the amendments made to the EAEC Treaty by the Treaties ` Article IV -437 and Acts repealed by virtue of the Treaty establishing a Constitution for Eu' the legal effects of the acts in force ropa well as adopted on the basis of the EAEC Treaty shall not be affected.
Article 2 1. The heading of Title III of trat` replaced EAEC Treaty 'Institutional provisions', and by the following: " Institutional and financial provisions " .
` Article 3 1. At the beginning of Title III of the EAEC Treaty, and added the following new chapter:
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'CHAPTER I APPLICATION OF CERTAIN PROVISIONS OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
Aticolo 106-bis 1. Articles I-19 to I-29, Articles I-31 to I-39, Articles I-49 and I-50, Articles I-53 to I-56, the Articles I-58 to I-60, Articles III-330 to III-372, Articles III-374 and III-375, Articles III-378 to III-381, Articles III-384 and III- 385, Articles III-389 to III-392, Articles III-395 to III-410, Articles III-412 to III-415, Articles III-427, III-433, IV-439 and IV -443 of the Treaty establishing a Constitution for Europe shall apply to this Treaty. 2. Within the framework of this Treaty, the references to the Union and to the Constitution in the provisions referred to in paragraph 1 and those in the protocols annexed to the Treaty establishing a Constitution for Europe and to this Treaty shall be taken, respectively, as ri` injury to the European Atomic Energy Community and to this Treaty. 3. The provisions of the Treaty establishing a Constitution for Europe shall not derogate from the provisions of this Treaty. "
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1. Article 4 of Title III of the EAEC Treaty, Chapters I, II and III renumbered II, III, IV. Article 5 1. Article 3, Articles 107 to 132, Articles 136 to 143, Articles 146 to 156, Articles 158 to 163, Articles 165 to 170, Articles 173, 173 A and 175, Articles 177 to 179 - bis, Articles 180b and 181, Articles 183, 183a, 190 and 204 of the EAEC Treaty shall be repealed. 2. The Protocols previously annexed to the EAEC Treaty shall be repealed. Article 6 The heading of Title IV of the Treaty ` replaced by the EAEC 'Financial provisions' and the name ' Specific financial provisions'. Article 7 1. In Article 38, third paragraph and Article 82, third paragraph of the Euratom Treaty, the references to Articles 141 and 142 shall be replaced by references to Articles III - 360 and III - 361 of the Constitution.
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507
2. In Article 171, paragraph 2 and Article 176, paragraph 3 of the Euratom Treaty, the reference all'arti` IIIcolo replaced by references to Article 183 and 412 of the Constitution. 3. In Article 172, paragraph 4 of the EAEC Treaty, ` replaced the reference to Article 177, paragraph 5 and by reference to Article III - 404 of the Constitution. 4. In Articles 38, 82, 96 and 98 of the Euratom Treaty, the ` replaced by ' Regulation eurotermine ' directive ' and peony ." ` So5. In the EAEC Treaty the term "decision" and constituted by 'European decision ' save in Articles 18, 20, 23 and Article 53, first paragraph, ' in cases where the decision and ` adopted by the Court of well Justice of the European Union. 6. In the EAEC Treaty the term 'Court of down keys replaced by' Court of Justice Justice " and the European Union ."
` Article 8 replaced 1. Article 191 of the Euratom Treaty and by the following: ` enjoy in the territories ' Article 191 The Community ` nedegli States, the privileges and immunities sary to carry out its tasks, under the conditions defined by the Protocol on the privileges and immu` European Union." nita
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`Replaced Article 9 1. Article 198 of the Euratom Treaty and by the following: 'Article 198 Save as otherwise provided, the provisions of this Treaty shall apply to the European territories of the Member States and to non European territories under their jurisdiction. They shall also apply to the European territories where a Member State is responsible in relations with foreign countries. The provisions of this Treaty shall apply ° land with the derogations which were orialle islands A gine in the Treaty referred to in Article IV-437, paragraph 2, letter d) of the Treaty establishing a Constitution for Europe and which have been incorporated in the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden. Notwithstanding the first, second and third paragraphs: ¨ er a) this Treaty shall not apply to Faero 'to Greenland; I b) this Treaty shall not apply to areas of `the United Kingdom of Great Britain and Northern Ireland sovereignty in Cyprus;
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c) this Treaty shall not apply to overseas countries and territories having special relations with the United Kingdom of Great Britain and Northern Ireland which are not listed in Annex II of the Treaty establishing a Constitution for Europe ; d) this Treaty 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 originally set out in the Treaty referred to in Article IV437, paragraph 2, letter a) of the Treaty establishing a Constitution for Europe, incorporated in the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, the Kingdom of Spain and the Portuguese Republic , the Republic of Austria, the Republic of Finland and the Kingdom of Sweden." `Replaced Article 10 1. Article 206 of the Euratom Treaty and by the following:` `may conclude with 'Article 206` The Community countries or international organizations agreements establishing an association involving one or more characterized by reciprocal rights and obligations, shares in common and special procedures. These agreements are concluded by the Council deli`, Parlabera unanimously after consulting the European Parliament.
510
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Where such agreements call for amendments to this Treaty, they must first be adopted in accordance with the procedure referred to in Article IV - 443 of the Treaty establishing a Constitution for Europe." Article 11 1. Article 225 of the Euratom Treaty, the se` replaced by the following: the second paragraph and "They equally authentic versions of the Treaty in the Czech, Danish, Estonian, Finnish, Greek, English, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish." ` Article 12 1. The European revenue and expenditure of the Atomic Energy Community, except for those of the Supply Agency and Joint Undertakings, shall be shown in the Union budget .
PRINTING OF THE SENATE OF PRINT FINISHED IN MONTH October 2004
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