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| PREFACE by Giacomo Dorigo
I have
edited this paper in order to provide a tool for reading and
understanding more easily the changes introduced to the Treaty on
the European Union by the new Reform treaty, already know as the
Lisbon Treaty. This work has obviously no legal value and even if I
checked it out, copy-and-paste mistakes could still be there.
As
a matter of convention, italic brown lines and words in brackets
like these [-- some text --] are mine.
This opera is published
under an Open Access licence (see
http://creativecommons.org/licenses/by-sa/3.0/)
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| CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN
UNION
| DRAFT TREATY AMENDING THE TREATY ON EUROPEAN UNION
AND THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
| THE TREATY ON EUROPEAN UNION AFTER BEEN AMENDED BY
THE REFORM TREATY
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|
| 2002,
Consolidated version, (*) for articles amended with the Treaty of
Nice (2001): http://www.europa.eu/
eur-lex/pri/en/oj/dat/2002/c_325/c_32520021224en00010184.pdf
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| 2006,
Consolidated version, (**) for amendments made by the Treaty of
Athens (2003): http://eur-lex.europa.eu/
LexUriServ/site/en/oj/2006/ce321/ce32120061229en00010331.pdf
| 5/10/2007,
Draft Version: http://www.consilium.europa.eu/
uedocs/cmsUpload/cg00001re01en.pdf
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| CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN
UNION [-- This informal edition lacks the protocols and the Treaty
establishing the European Community
--]
CONTENTS
Preamble
TITLE I — Common
provisions
TITLE II — Provisions amending the Treaty establishing
the European Economic Community with a view to establishing the
European Community
TITLE III — Provisions amending the Treaty
establishing the European Coal and Steel Community
TITLE IV —
Provisions amending the Treaty establishing the European Atomic
Energy Community
TITLE V — Provisions on a common foreign and
security policy
TITLE VI — Provisions on police and judicial
cooperation in criminal matters
TITLE VII — Provisions on
enhanced cooperation
TITLE VIII— Final provisions
| Article 1 - The Treaty on European Union shall be
amended in accordance with the provisions of this Article. [This
informal edition provides only this first article of the Reform
Treaty]
| CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN
UNION [-- This informal edition lacks the protocols and the Treaty
establishing the European Community
--]
CONTENTS
Preamble
TITLE I — General
provisions
TITLE II — Provisions on Democratic
Principles
TITLE III — Provisions on the Institutions
TITLE
IV — Provisions on Enhanced Cooperation
TITLE V — General
Provisions on the Union's External Action and Specific Provisions on
the Common Foreign and Security Policy
- CHAPTER 1 — General
Provisions on the Union's External Action
- CHAPTER 2 — Specific
Provisions on the Common Foreign and Security Policy
- - SECTION
1 — Common Provisions
- - SECTION 2 — Provisions on the Common
Security and Defence Policy
TITLE VI — Final Provisions
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| Preamble
| Preamble
| Preamble
|
|
| HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY
THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF
GERMANY, THE PRESIDENT OF THE HELLENIC REPUBLIC, HIS MAJESTY THE
KING OF SPAIN, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT
OF IRELAND, THE PRESIDENT OF THE ITALIAN REPUBLIC, HIS ROYAL
HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE
NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, HER MAJESTY
THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND (**)
RESOLVED to mark a new stage in the process of
European integration undertaken with the establishment of the
European Communities,
RECALLING the historic importance of the
ending of the division of the European continent and the need to
create firm bases for the construction of the future
Europe,
CONFIRMING their attachment to the principles of liberty,
democracy and respect for human rights and fundamental freedoms and
of the rule of law,
CONFIRMING their attachment to fundamental
social rights as defined in the European Social
Charter signed at
Turin on 18 October 1961 and in the 1989 Community Charter of the
Fundamental Social Rights of Workers,
DESIRING to deepen the
solidarity between their peoples while respecting their history,
their culture and their traditions,
DESIRING to enhance further
the democratic and efficient functioning of the institutions so as
to enable them better to carry out, within a single institutional
framework, the tasks entrusted to them,
RESOLVED to achieve the
strengthening and the convergence of their economies and to
establish an economic and monetary union including, in accordance
with the provisions of this Treaty, a single and stable
currency,
DETERMINED to promote economic and social progress for
their peoples, taking into account the principle of sustainable
development and within the context of the accomplishment of the
internal market and of reinforced cohesion and environmental
protection, and to implement policies ensuring that advances in
economic integration are accompanied by parallel progress in
otherfields,
RESOLVED to establish a citizenship common to
nationals of their countries,
RESOLVED to implement a common
foreign and security policy including the progressive framing of a
common defence policy, which might lead to a common defence in
accordance with the provisions of Article 17, thereby reinforcing
the European identity and its independence in order to promote
peace, security and progress in Europe and in the world,
RESOLVED
to facilitate the free movement of persons, while ensuring the
safety and security of their peoples, by establishing an area of
freedom, security and justice, in accordance with the provisions of
this Treaty,
RESOLVED to continue the process of creating an ever
closer union among the peoples of Europe, in which decisions are
taken as closely as possible to the citizen in accordance with the
principle of subsidiarity,
IN VIEW of further steps to be taken
in order to advance European integration,
HAVE DECIDED to
establish a European Union and to this end have designated as
their
Plenipotentiaries:
(List of plenipotentiaries not
reproduced)
WHO, having exchanged their full powers, found in
good and due form, have agreed as follows.
(**) 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 Austria, the
Republic of Poland, the Republic of Slovenia, the Republic of
Slovakia, the Republic of Finland and the Kingdom of Sweden have
since become members of the European Union.
| 1) The preamble shall be amended as follows:
(a)
the following text shall be inserted as the second
recital:
"DRAWING INSPIRATION from the cultural, religious and
humanist inheritance of Europe, from which have developed the
universal values of the inviolable and inalienable rights of the
human person, freedom, democracy, equality and the rule of
law,";
(b) In the eighth recital, the words "of this Treaty"
shall be replaced by "of this Treaty and of the Treaty on the
Functioning of the European Union,";
(c) In the twelfth recital,
the words "of this Treaty" shall be replaced by "of this Treaty and
of the Treaty on the Functioning of the European Union,".
| HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT
OF THE CZECH REPUBLIC, HER MAJESTY THE QUEEN OF DENMARK, THE
PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE
REPUBLIC OF ESTONIA, THE PRESIDENT OF THE HELLENIC
REPUBLIC, HIS
MAJESTY THE KING OF 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 THE REPUBLIC OF MALTA, HER MAJESTY THE
QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE 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 REPUBLIC OF SLOVAKIA, THE PRESIDENT OF THE REPUBLIC
OF FINLAND, HIS MAJESTY THE KING OF SWEDEN, HER MAJESTY THE QUEEN OF
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE
PRESIDENT OF THE REPUBLIC OF BULGARIA, THE PRESIDENT OF ROMANIA [--
dear reader, please consider this list just as a plausible
hypothesis because the Reform Treaty do not talk explicitly about it
--]
RESOLVED to mark a new stage in the process of European
integration undertaken with the establishment of the European
Communities,
DRAWING INSPIRATION from the cultural, religious and
humanist inheritance of Europe, from which have developed the
universal values of the inviolable and inalienable rights of the
human person, freedom, democracy, equality and the rule of
law,
RECALLING the historic importance of the ending of the
division of the European continent and the need to create firm bases
for the construction of the future Europe,
CONFIRMING their
attachment to the principles of liberty, democracy and respect for
human rights and fundamental freedoms and of the rule of
law,
CONFIRMING their attachment to fundamental social rights as
defined in the European Social Charter signed at Turin on 18 October
1961 and in the 1989 Community Charter of the Fundamental
Social
Rights of Workers,
DESIRING to deepen the solidarity
between their peoples while respecting their history, their culture
and their traditions,
DESIRING to enhance further the democratic
and efficient functioning of the institutions so as to enable them
better to carry out, within a single institutional framework, the
tasks entrusted to them,
RESOLVED to achieve the strengthening
and the convergence of their economies and to establish an economic
and monetary union including, in accordance with the provisions of
this Treaty and of the Treaty on the Functioning of the European
Union, a single and stable currency,
DETERMINED to promote
economic and social progress for their peoples, taking into account
the principle of sustainable development and within the context of
the accomplishment of the internal market and of reinforced cohesion
and environmental protection, and to implement policies ensuring
that advances in economic integration are accompanied by parallel
progress in other fields,
RESOLVED to establish a citizenship
common to nationals of their countries,
RESOLVED to implement a
common foreign and security policy including the progressive framing
of a common defence policy, which might lead to a common defence in
accordance with the provisions of
Article 17, thereby reinforcing
the European identity and its independence in order to promote
peace, security and progress in Europe and in the world,
RESOLVED
to facilitate the free movement of persons, while ensuring the
safety and security of their peoples, by establishing an area of
freedom, security and justice, in accordance with the provisions of
this Treaty and of the Treaty on the Functioning of the European
Union,
RESOLVED to continue the process of creating an ever
closer union among the peoples of Europe, in which decisions are
taken as closely as possible to the citizen in accordance with the
principle of
subsidiarity,
IN VIEW of further steps to be
taken in order to advance European integration,
HAVE DECIDED to
establish a European Union and to this end have designated as their
Plenipotentiaries: (List of plenipotentiaries not
reproduced)
WHO, having exchanged their full powers, found in
good and due form, have agreed as follows.
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| TITLE I
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| TITLE I
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| COMMON PROVISIONS
| General provisions
| GENERAL PROVISIONS
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| Article 1
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| Article 1
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| By this Treaty, the HIGH CONTRACTING PARTIES
establish among themselves a EUROPEAN UNION, hereinafter called ‘the
Union’.
This Treaty marks a new stage in the process of creating
an ever closer union among the peoples of Europe, in which decisions
are taken as openly as possible and as closely as possible to the
citizen.
The Union shall be founded on the European Communities,
supplemented by the policies and forms of cooperation established by
this Treaty. Its task shall be to organise, in a manner
demonstrating consistency and solidarity, relations between the
Member States and between their peoples.
| 2) Article 1 shall be amended as follows:
(a)
the following words shall be inserted at the end of the first
paragraph:
"on which the Member States confer competences to
attain objectives they have in common.";
(b) the third paragraph
shall be replaced by the following:
"The Union shall be founded
on the present Treaty and on the Treaty on the Functioning of the
European Union (hereinafter referred to as "the Treaties"). Those
two Treaties shall have the same legal value. The Union shall
replace and succeed the European Community.".
| By this Treaty, the HIGH CONTRACTING PARTIES
establish among themselves a EUROPEAN UNION, hereinafter called ‘the
Union’ on which the Member States confer competences to attain
objectives they have in common..
This Treaty marks a new stage in
the process of creating an ever closer union among the peoples of
Europe, in which decisions are taken as openly as possible and as
closely as possible to the citizen.
The Union shall be founded on
the present Treaty and on the Treaty on the Functioning of the
European Union (hereinafter referred to as "the Treaties"). Those
two Treaties shall have the same legal value. The Union shall
replace and succeed the European Community.
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| Article 2
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| 3) An Article 2 shall be inserted and the existing
Article 2 shall be renumbered Article 3:
"Article 2
The Union
is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights,
including the rights of persons belonging to minorities. These
values are common to the Member States in a society in which
pluralism, non-discrimination, tolerance, justice, solidarity and
equality between women and men prevail.".
| The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the rule of law and
respect for human rights, including the rights of persons belonging
to minorities. These values are common to the Member States in a
society in which pluralism, non-discrimination, tolerance, justice,
solidarity and equality between women and men prevail.
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| Article 2
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| Article 3
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| The Union shall set itself the following
objectives:
— to promote economic and social progress and a high
level of employment and to achieve balanced and sustainable
development, in particular through the creation of an area without
internal frontiers, through the strengthening of economic and social
cohesion and through the establishment of economic and monetary
union, ultimately including a single currency in accordance with the
provisions of this Treaty,
— to assert its identity on the
international scene, in particular through the implementation of a
common foreign and security policy including the progressive framing
of a common defence
policy, which might lead to a common defence,
in accordance with the provisions of Article 17,
— to strengthen
the protection of the rights and interests of the nationals of its
Member States through the introduction of a citizenship of the
Union,
— to maintain and develop the Union as an area of freedom,
security and justice, in which the free movement of persons is
assured in conjunction with appropriate measures with respect to
external border controls, asylum, immigration and the prevention and
combating of crime,
— to maintain in full the acquis
communautaire and build on it with a view to considering to what
extent the policies and forms of cooperation introduced by this
Treaty may need to be revised with the aim of ensuring the
effectiveness of the mechanisms and the institutions of the
Community.
The objectives of the Union shall be achieved as
provided in this Treaty and in accordance with the conditions and
the timetable set out therein while respecting the principle of
subsidiarity as defined in Article 5 of the Treaty establishing the
European Community.
| 4) Article 2, renumbered 3, shall be replaced by
the following:
"Article 3
1. The Union's aim is to promote
peace, its values and the well-being of its peoples.
2. The Union
shall offer its citizens an area of freedom, security and justice
without internal frontiers, in which the free movement of persons is
ensured in conjunction with appropriate measures with respect to
external border controls, asylum, immigration and the prevention and
combating of crime.
3. The Union shall establish an internal
market. It shall work for the sustainable development of Europe
based on balanced economic growth and price stability, a highly
competitive social market economy, aiming at full employment and
social progress, and a high level of protection and improvement of
the quality of the environment. It shall promote scientific and
technological advance.
It shall combat social exclusion and
discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and
protection of the rights of the child.
It shall promote economic,
social and territorial cohesion, and solidarity among Member
States.
It shall respect its rich cultural and linguistic
diversity, and shall ensure that Europe's cultural heritage is
safeguarded and enhanced.
4. The Union shall establish an
economic and monetary union whose currency is the euro.
5. In its
relations with the wider world, the Union shall uphold and promote
its values and interests and contribute to the protection of its
citizens. It shall contribute to peace, security, the sustainable
development of the Earth, solidarity and mutual respect among
peoples, free and fair trade, eradication of poverty and the
protection of human rights, in particular the rights of the child,
as well as to the strict observance and the development of
international law, including respect for the principles of the
United Nations Charter.
6. The Union shall pursue its objectives
by appropriate means commensurate with the competences which are
conferred upon it in the Treaties.".
| 1. The Union's aim is to promote peace, its values
and the well-being of its peoples.
2. The Union shall offer its
citizens an area of freedom, security and justice without internal
frontiers, in which the free movement of persons is ensured in
conjunction with appropriate measures with respect to external
border controls, asylum, immigration and the prevention and
combating of crime.
3. The Union shall establish an internal
market. It shall work for the sustainable development of Europe
based on balanced economic growth and price stability, a highly
competitive social market economy, aiming at full employment and
social progress, and a high level of protection and improvement of
the quality of the environment. It shall promote scientific and
technological advance.
It shall combat social exclusion and
discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and
protection of the rights of the child.
It shall promote economic,
social and territorial cohesion, and solidarity among Member
States.
It shall respect its rich cultural and linguistic
diversity, and shall ensure that Europe's cultural heritage is
safeguarded and enhanced.
4. The Union shall establish an
economic and monetary union whose currency is the euro.
5. In its
relations with the wider world, the Union shall uphold and promote
its values and interests and contribute to the protection of its
citizens. It shall contribute to peace, security, the sustainable
development of the Earth, solidarity and mutual respect among
peoples, free and fair trade, eradication of poverty and the
protection of human rights, in particular the rights of the child,
as well as to the strict observance and the development of
international law, including respect for the principles of the
United Nations Charter.
6. The Union shall pursue its objectives
by appropriate means commensurate with the competences which are
conferred upon it in the Treaties.
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| Article 3
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| Article 4
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| The Union shall be served by a single institutional
framework which shall ensure the consistency and the continuity of
the activities carried out in order to attain its objectives while
respecting and building upon the acquis communautaire.
The Union
shall in particular ensure the consistency of its external
activities as a whole in the context of its external relations,
security, economic and development policies. The Council and the
Commission shall be responsible for ensuring such consistency and
shall cooperate to this end. They shall ensure the implementation of
these policies, each in accordance with its respective powers.
| 5) Article 3, renumbered 4, shall be replaced by
the following:
"Article 4
1. In accordance with Article 5,
competences not conferred upon the Union in the Treaties remain with
the Member States.
2. The Union shall respect the equality of
Member States before the Treaties as well as their national
identities, inherent in their fundamental structures, political and
constitutional, inclusive of regional and local self-government. It
shall respect their essential State functions, including ensuring
the territorial integrity of the State, maintaining law and order
and safeguarding national security. In particular, national security
remains the sole responsibility of each Member State.
3. Pursuant
to the principle of sincere cooperation, the Union and the Member
States shall, in full mutual respect, assist each other in carrying
out tasks which flow from the Treaties.
The Member States shall
take any appropriate measure, general or particular, to ensure
fulfilment of the obligations arising out of the Treaties or
resulting from the acts of the institutions of the Union.
The
Member States shall facilitate the achievement of the Union's tasks
and refrain from any measure which could jeopardise the attainment
of the Union's objectives.".
| 1. In accordance with Article 5, competences not
conferred upon the Union in the Treaties remain with the Member
States.
2. The Union shall respect the equality of Member States
before the Treaties as well as their national identities, inherent
in their fundamental structures, political and constitutional,
inclusive of regional and local self-government. It shall respect
their essential State functions, including ensuring the territorial
integrity of the State, maintaining law and order and safeguarding
national security. In particular, national security remains the sole
responsibility of each Member State.
3. Pursuant to the principle
of sincere cooperation, the Union and the Member States shall, in
full mutual respect, assist each other in carrying out tasks which
flow from the Treaties.
The Member States shall take any
appropriate measure, general or particular, to ensure fulfilment of
the obligations arising out of the Treaties or resulting from the
acts of the institutions of the Union.
The Member States shall
facilitate the achievement of the Union's tasks and refrain from any
measure which could jeopardise the attainment of the Union's
objectives.
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| Article 4
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| Article 5
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| The European Council shall provide the Union with
the necessary impetus for its development and shall define the
general political guidelines thereof.
The European Council shall
bring together the Heads of State or Government of the Member States
and the President of the Commission. They shall be assisted by the
Ministers for Foreign Affairs of the Member States and by a Member
of the Commission. The European Council shall meet at least twice a
year, under the chairmanship of the Head of State or Government of
the Member State which holds the
Presidency of the
Council.
The European Council shall submit to the European
Parliament a report after each of its meetings and a yearly written
report on the progress achieved by the Union.
| 6) Article 4, renumbered 5, shall be replaced by
the following:
"Article 5
1. The limits of Union competences
are governed by the principle of conferral. The use of Union
competences is governed by the principles of subsidiarity and
proportionality.
2. Under the principle of conferral, the Union
shall act only within the limits of the competences conferred upon
it by the Member States in the Treaties to attain the objectives set
out therein. Competences not conferred upon the Union in the
Treaties remain with the Member States.
3. Under the principle of
subsidiarity, in areas which do not fall within its exclusive
competence, the Union shall act only if and insofar as the
objectives of the proposed action cannot be sufficiently achieved by
the Member States, either at central level or at regional and local
level, but can rather, by reason of the scale or effects of the
proposed action, be better achieved at Union level.
The
institutions of the Union shall apply the principle of subsidiarity
as laid down in the Protocol on the application of the principles of
subsidiarity and proportionality. National Parliaments shall ensure
compliance with that principle in accordance with the procedure set
out in that Protocol.
4. Under the principle of proportionality,
the content and form of Union action shall not exceed what is
necessary to achieve the objectives of the Treaties.
The
institutions of the Union shall apply the principle of
proportionality as laid down in the Protocol on the application of
the principles of subsidiarity and proportionality.".
| 1. The limits of Union competences are governed by
the principle of conferral. The use of Union competences is governed
by the principles of subsidiarity and proportionality.
2. Under
the principle of conferral, the Union shall act only within the
limits of the competences conferred upon it by the Member States in
the Treaties to attain the objectives set out therein. Competences
not conferred upon the Union in the Treaties remain with the Member
States.
3. Under the principle of subsidiarity, in areas which do
not fall within its exclusive competence, the Union shall act only
if and insofar as the objectives of the proposed action cannot be
sufficiently achieved by the Member States, either at central level
or at regional and local level, but can rather, by reason of the
scale or effects of the proposed action, be better achieved at Union
level.
The institutions of the Union shall apply the principle of
subsidiarity as laid down in the Protocol on the application of the
principles of subsidiarity and proportionality. National Parliaments
shall ensure compliance with that principle in accordance with the
procedure set out in that Protocol.
4. Under the principle of
proportionality, the content and form of Union action shall not
exceed what is necessary to achieve the objectives of the
Treaties.
The institutions of the Union shall apply the principle
of proportionality as laid down in the Protocol on the application
of the principles of subsidiarity and proportionality.".
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| Article 5
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| The European Parliament, the Council, the
Commission, the Court of Justice and the Court of Auditors shall
exercise their powers under the conditions and for the purposes
provided for, on the one hand, by the provisions of the Treaties
establishing the European Communities and of the subsequent Treaties
and Acts modifying and supplementing them and, on the other hand, by
the other provisions of this Treaty.
| 7) Article 5 shall be repealed.
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| Article 6
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| Article 6
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| 1. The Union is founded on the principles of
liberty, democracy, respect for human rights and fundamental
freedoms, and the rule of law, principles which are common to the
Member States.
2. The Union shall respect fundamental rights, as
guaranteed by the European Convention for the Protection of Human
Rights and Fundamental Freedoms signed in Rome on 4 November 1950
and as they result from the constitutional traditions common to the
Member States, as general principles of Community law.
3. The
Union shall respect the national identities of its Member
States.
4. The Union shall provide itself with the means
necessary to attain its objectives and carry through its policies.
| 8) Article 6 shall be replaced by the
following:
"Article 6
1. The Union recognises the rights,
freedoms and principles set out in the Charter of Fundamental Rights
of 7 December 2000, as adapted [at…, on... 2007], which shall have
the same legal value as the Treaties.
The provisions of the
Charter shall not extend in any way the competences of the Union as
defined in the Treaties.
The rights, freedoms and principles in
the Charter shall be interpreted in accordance with the general
provisions in Title VII of the Charter governing its interpretation
and application and with due regard to the explanations referred to
in the Charter, that set out the sources of those provisions.
2.
The Union shall accede to the European Convention for the Protection
of Human Rights and Fundamental Freedoms. Such accession shall not
affect the Union's competences as defined in the Treaties.
3.
Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they
result from the constitutional traditions common to the Member
States, shall constitute general principles of the Union's law."
| 1. The Union recognises the rights, freedoms and
principles set out in the Charter of Fundamental Rights of 7
December 2000, as adapted [at…, on... 2007], which shall have the
same legal value as the Treaties.
The provisions of the Charter
shall not extend in any way the competences of the Union as defined
in the Treaties.
The rights, freedoms and principles in the
Charter shall be interpreted in accordance with the general
provisions in Title VII of the Charter governing its interpretation
and application and with due regard to the explanations referred to
in the Charter, that set out the sources of those provisions.
2.
The Union shall accede to the European Convention for the Protection
of Human Rights and Fundamental Freedoms. Such accession shall not
affect the Union's competences as defined in the Treaties.
3.
Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they
result from the constitutional traditions common to the Member
States, shall constitute general principles of the Union's law.
|
|
| Article 7 (*) Article amended by the Treaty of
Nice.
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| Article 7
|
|
| 1. On a reasoned proposal by one third of the
Member States, by the European Parliament or by the Commission, the
Council, acting by a majority of four fifths of its members after
obtaining the assent of
the European Parliament, may determine
that there is a clear risk of a serious breach by a Member State of
principles mentioned in Article 6(1), and address appropriate
recommendations to that State. Before making such a determination,
the Council shall hear the Member State in question and, acting in
accordance with the same procedure, may call on independent persons
to submit within a reasonable time limit a report on the situation
in the Member State in question.
The Council shall regularly
verify that the grounds on which such a determination was made
continue to apply.
2. The Council, meeting in the composition of
the Heads of State or Government and acting by unanimity on a
proposal by one third of the Member States or by the Commission and
after obtaining
the assent of the European Parliament, may
determine the existence of a serious and persistent breach by a
Member State of principles mentioned in Article 6(1), after inviting
the government of the Member
State in question to submit its
observations.
3. Where a determination under paragraph 2 has been
made, the Council, acting by a qualified majority, may decide to
suspend certain of the rights deriving from the application of this
Treaty to the
Member State in question, including the voting
rights of the representative of the government of that Member State
in the Council. In doing so, the Council shall take into account the
possible consequences
of such a suspension on the rights and
obligations of natural and legal persons.
The obligations of the
Member State in question under this Treaty shall in any case
continue to be binding on that State.
4. The Council, acting by a
qualified majority, may decide subsequently to vary or revoke
measures taken under paragraph 3 in response to changes in the
situation which led to their being imposed.
5. For the purposes
of this Article, the Council shall act without taking into account
the vote of the representative of the government of the Member State
in question. Abstentions by members present in
person or
represented shall not prevent the adoption of decisions referred to
in paragraph 2. A qualified majority shall be defined as the same
proportion of the weighted votes of the members of the
Council
concerned as laid down in Article 205(2) of the Treaty
establishing the European Community.
This paragraph shall also
apply in the event of voting rights being suspended pursuant to
paragraph 3.
6. For the purposes of paragraphs 1 and 2, the
European Parliament shall act by a two-thirds majority of the votes
cast, representing a majority of its Members.
| 9) Article 7 shall be amended as follows:
(a)
throughout the Article, the word "assent" shall be replaced by
"consent", the reference to breach "of principles mentioned in
Article 6(1)" shall be replaced by a reference to breach "of the
values referred to in Article 2" and the words "of this Treaty"
shall be replaced by "of the Treaties";
(b) at the end of the
first sentence of the first subparagraph of paragraph 1, the words
"and address appropriate recommendations to that State" shall be
deleted; at the end of the last sentence, the words "and, acting in
accordance with the same procedure, may call on independent persons
to submit within a reasonable time limit a report on the situation
in the Member State in question" shall be replaced by "and may
address recommendations to it, acting in accordance with the same
procedure.";
(c) in paragraph 2, the words "the Council, meeting
in the composition of the Heads of State or Government and acting by
unanimity" shall be replaced by "the European Council, acting by
unanimity" and the words "the government of the Member State in
question" shall be replaced by "the Member State in
question";
(d) paragraphs 5 and 6 shall be replaced by the
following:
"5. The voting arrangements applying to the European
Parliament, the European Council and the Council for the purposes of
this Article are laid down in Article 309 of the Treaty on the
Functioning of the European Union."
| 1. On a reasoned proposal by one third of the
Member States, by the European Parliament or by the Commission, the
Council, acting by a majority of four fifths of its members after
obtaining the consent of the European Parliament, may determine that
there is a clear risk of a serious breach by a Member State of the
values referred in Article2. Before making such a determination, the
Council shall hear the Member State in question and may address
recommendations to it, 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
Council, acting by unanimity on a proposal by one third of the
Member States or by the Commission and after obtaining the assent of
the European Parliament, may determine the existence of a serious
and persistent breach by a Member State of the values referred in
Article 2, after inviting the Member State in question to submit its
observations.
3. Where a determination under paragraph 2 has been
made, the Council, acting by a qualified majority, may decide to
suspend certain of the rights deriving from the application of the
Treaties to the
Member State in question, including the voting
rights of the representative of the government of that Member State
in the Council. In doing so, the Council shall take into account the
possible consequences of such a suspension on the rights and
obligations of natural and legal persons.
The obligations of the
Member State in question under this Treaty shall in any case
continue to be binding on that State.
4. The Council, acting by a
qualified majority, may decide subsequently to vary or revoke
measures taken under paragraph 3 in response to changes in the
situation which led to their being imposed.
5. The voting
arrangements applying to the European Parliament, the European
Council and the Council for the purposes of this Article are laid
down in Article 309 of the Treaty on the Functioning of the European
Union.
|
|
|
|
| Article 7a
|
|
|
| 10) The following new Article 7a shall be
inserted:
"Article 7a
1. The Union shall develop a special
relationship with neighbouring countries, aiming to establish an
area of prosperity and good neighbourliness, founded on the values
of the Union and characterised by close and peaceful relations based
on cooperation.
2. For the purposes of paragraph 1, the Union may
conclude specific agreements with the countries concerned. These
agreements may contain reciprocal rights and obligations as well as
the possibility of undertaking activities jointly. Their
implementation shall be the subject of periodic consultation.".
| 1. The Union shall develop a special relationship
with neighbouring countries, aiming to establish an area of
prosperity and good neighbourliness, founded on the values of the
Union and characterised by close and peaceful relations based on
cooperation.
2. For the purposes of paragraph 1, the Union may
conclude specific agreements with the countries concerned. These
agreements may contain reciprocal rights and obligations as well as
the possibility of undertaking activities jointly. Their
implementation shall be the subject of periodic consultation.
|
|
| TITLE II
| 11) The provisions of Title II of the EU Treaty
shall be incorporated into the Treaty establishing the European
Community, as amended elsewhere, which shall become the Treaty on
the Functioning of the European Union.
| TITLE II
|
|
| PROVISIONS AMENDING THE TREATY ESTABLISHING THE
EUROPEAN
ECONOMIC COMMUNITY WITH A VIEW TO ESTABLISHING
THE
EUROPEAN COMMUNITY
| Democratic principles
| PROVISIONS ON DEMOCRATIC PRINCIPLES
|
|
| Article 8
|
| Article 8
|
|
| (not reproduced)
| 12) Title II and Article 8 shall be replaced by the
following new heading and new articles:
"TITLE II PROVISIONS ON
DEMOCRATIC PRINCIPLES
Article 8
In all its activities, the
Union shall observe the principle of the equality of its citizens,
who shall receive equal attention from its institutions, bodies,
offices and agencies. Every national of a Member State shall be a
citizen of the Union. Citizenship of the Union shall be additional
to national citizenship and shall not replace it.
| In all its activities, the Union shall observe the
principle of the equality of its citizens, who shall receive equal
attention from its institutions, bodies, offices and agencies. Every
national of a Member State shall be a citizen of the Union.
Citizenship of the Union shall be additional to national citizenship
and shall not replace it.
|
|
|
|
| Article 8a
|
|
|
| Article 8a
1. The functioning of the Union shall
be founded on representative democracy.
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 shall be taken as openly and as closely as possible to the
citizen.
4. Political parties at European level contribute to
forming European political awareness and to expressing the will of
citizens of the Union.
| 1. The functioning of the Union shall be founded on
representative democracy.
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 shall be
taken as openly and as closely as possible to the citizen.
4.
Political parties at European level contribute to forming European
political awareness and to expressing the will of citizens of the
Union.
|
|
|
|
| Article 8b
|
|
|
| Article 8b
1. The institutions shall, by
appropriate means, give citizens and representative associations the
opportunity to make known and publicly exchange their views in all
areas of Union action.
2. The institutions shall maintain an
open, transparent and regular dialogue with representative
associations and civil society.
3. The Commission shall carry out
broad consultations with parties concerned in order to ensure that
the Union's actions are coherent and transparent.
4. Not less
than 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 on matters where citizens consider that a legal act of the
Union is required for the purpose of implementing the
Treaties.
The procedures and conditions required for such a
citizens' initiative shall be determined in accordance with the
first paragraph of Article 21 of the Treaty on the Functioning of
the European Union.
| 1. The institutions shall, by appropriate means,
give citizens and representative associations the opportunity to
make known and publicly exchange their views in all areas of Union
action.
2. The institutions shall maintain an open, transparent
and regular dialogue with representative associations and civil
society.
3. The Commission shall carry out broad consultations
with parties concerned in order to ensure that the Union's actions
are coherent and transparent.
4. Not less than 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 on
matters where citizens consider that a legal act of the Union is
required for the purpose of implementing the Treaties.
The
procedures and conditions required for such a citizens' initiative
shall be determined in accordance with the first paragraph of
Article 21 of the Treaty on the Functioning of the European Union.
|
|
|
|
| Article 8c
|
|
|
| Article 8c
National Parliaments shall contribute
actively to the good functioning of the Union:
(a) through being
informed by the institutions of the Union and having draft European
legislative acts forwarded to them in accordance with the Protocol
on the role of national Parliaments in the European Union;
(b) by
seeing to it that the principle of subsidiarity is respected in
accordance with the procedures provided for in the Protocol on the
application of the principles of subsidiarity and
proportionality;
(c) by taking part, within the framework of the
area of freedom, security and justice, in the evaluation mechanisms
for the implementation of the Union policies in that area, in
accordance with Article 64 of the Treaty on the Functioning of the
European Union, and through being involved in the political
monitoring of Europol and the evaluation of Eurojust's activities in
accordance with Articles 69k and 69h of that Treaty;
(d) by
taking part in the revision procedures of the Treaties, in
accordance with Article 33 of this Treaty;
(e) by being notified
of applications for accession to the Union, in accordance with
Article 34 of this Treaty;
(f) by taking part in the
inter-parliamentary cooperation between national Parliaments and
with the European Parliament, in accordance with the Protocol on the
role of national Parliaments in the European Union."
| National Parliaments shall contribute actively to
the good functioning of the Union:
(a) through being informed by
the institutions of the Union and having draft European legislative
acts forwarded to them in accordance with the Protocol on the role
of national Parliaments in the European Union;
(b) by seeing to
it that the principle of subsidiarity is respected in accordance
with the procedures provided for in the Protocol on the application
of the principles of subsidiarity and proportionality;
(c) by
taking part, within the framework of the area of freedom, security
and justice, in the evaluation mechanisms for the implementation of
the Union policies in that area, in accordance with Article 64 of
the Treaty on the Functioning of the European Union, and through
being involved in the political monitoring of Europol and the
evaluation of Eurojust's activities in accordance with Articles 69k
and 69h of that Treaty;
(d) by taking part in the revision
procedures of the Treaties, in accordance with Article 33 of this
Treaty;
(e) by being notified of applications for accession to
the Union, in accordance with Article 34 of this Treaty;
(f) by
taking part in the inter-parliamentary cooperation between national
Parliaments and with the European Parliament, in accordance with the
Protocol on the role of national Parliaments in the European Union."
|
|
| TITLE III
| Institutions
| TITLE III
|
|
| PROVISIONS AMENDING THE TREATY ESTABLISHING THE
EUROPEAN COAL
AND STEEL COMMUNITY
| 13) The provisions of Title III of the EU Treaty
shall be repealed. Title III shall be replaced by the following
heading:
"TITLE III PROVISIONS ON THE INSTITUTIONS".
| PROVISIONS ON THE INSTITUTIONS
|
|
| Article 9
|
| Article 9 |
|
|
|
|
|
|
| (not reproduced)
| 14) Article 9 shall be replaced by the
following:
"Article 9
1. The Union shall have an institutional
framework which shall aim to promote its values, advance its
objectives, serve its interests, those of its citizens and those of
the Member States, and ensure the consistency, effectiveness and
continuity of its policies and actions.
The Union's institutions
shall be:
- the European Parliament,
- the European
Council,
- the Council,
- the European Commission (hereinafter
referred to as the "Commission"),
- the Court of Justice of the
European Union,
- the European Central Bank,
- the Court of
Auditors.
2. Each institution shall act within the limits of the
powers conferred on it in the Treaties, and in conformity with the
procedures, conditions and objectives set out in them. The
institutions shall practice mutual sincere cooperation.
3. The
provisions relating to the European Central Bank and the Court of
Auditors and detailed provisions on the other institutions are set
out in the Treaty on the Functioning of the European Union.
4.
The European Parliament, the Council and the Commission shall be
assisted by an Economic and Social Committee and a Committee of the
Regions acting in an advisory capacity.".
| 1. The Union shall have an institutional framework
which shall aim to promote its values, advance its objectives, serve
its interests, those of its citizens and those of the Member States,
and ensure the consistency, effectiveness and continuity of its
policies and actions.
The Union's institutions shall be:
- the
European Parliament,
- the European Council,
- the
Council,
- the European Commission (hereinafter referred to as
the "Commission"),
- the Court of Justice of the European
Union,
- the European Central Bank,
- the Court of
Auditors.
2. Each institution shall act within the limits of the
powers conferred on it in the Treaties, and in conformity with the
procedures, conditions and objectives set out in them. The
institutions shall practice mutual sincere cooperation.
3. The
provisions relating to the European Central Bank and the Court of
Auditors and detailed provisions on the other institutions are set
out in the Treaty on the Functioning of the European Union.
4.
The European Parliament, the Council and the Commission shall be
assisted by an Economic and Social Committee and a Committee of the
Regions acting in an advisory capacity.
|
|
|
|
| Article 9a
|
|
|
| 15) An Article 9a shall be inserted:
"Article
9a
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
Treaties. It shall elect the President of the Commission.
2. The
European Parliament shall be composed of representatives of the
Union's citizens. They shall not exceed seven hundred and fifty in
number. Representation of citizens shall be degressively
proportional, with a minimum threshold of six members per Member
State. No Member State shall be allocated more than ninety-six
seats.
The European Council shall adopt by unanimity, on the
initiative of the European Parliament and with its consent, a
decision establishing the composition of the European Parliament,
respecting the principles referred to in the first
subparagraph.
3. The members of the European Parliament shall be
elected for a term of five years by direct universal suffrage in a
free and secret ballot.
4. The European Parliament shall elect
its President and its officers from among its members.".
| 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 Treaties. It shall elect the President of the
Commission.
2. The European Parliament shall be composed of
representatives of the Union's citizens. They shall not exceed seven
hundred and fifty in number. Representation of citizens shall be
degressively proportional, with a minimum threshold of six members
per Member State. No Member State shall be allocated more than
ninety-six seats.
The European Council shall adopt by unanimity,
on the initiative of the European Parliament and with its consent, a
decision establishing the composition of the European Parliament,
respecting the principles referred to in the first
subparagraph.
3. The members of the European Parliament shall be
elected for a term of five years by direct universal suffrage in a
free and secret ballot.
4. The European Parliament shall elect
its President and its officers from among its members.
|
|
|
|
| Article 9b
|
|
|
| 16) An Article 9b shall be inserted:
"Article
9b
1. The European Council shall provide the Union with the
necessary impetus for its development and shall define the general
political directions and priorities thereof. It shall not exercise
legislative functions.
2. The European Council shall consist of
the Heads of State or Government of the Member States, together with
its President and the President of the Commission. The High
Representative of the Union for Foreign Affairs and Security Policy
shall take part in its work.
3. The European Council shall meet
twice every six months, convened by its President. When the agenda
so requires, the members of the European Council may decide each to
be assisted by a minister and, in the case of the President of the
Commission, by a member of the Commission. When the situation so
requires, the President shall convene a special meeting of the
European Council.
4. Except where the Treaties provide otherwise,
decisions of the European Council shall be taken by consensus.
5.
The European Council shall elect its President, by a qualified
majority, for a term of two and a half years, renewable once. In the
event of an impediment or serious misconduct, the European Council
can end his or her term of office in accordance with the same
procedure.
6. The President of the European Council:
(a) shall
chair it and drive forward its work;
(b) shall ensure the
preparation and continuity of the work of the European Council in
cooperation with the President of the Commission, and on the basis
of the work of the General Affairs Council;
(c) shall endeavour
to facilitate cohesion and consensus within the European
Council;
(d) shall present a report to the European Parliament
after each of the meetings of the European Council.
The President
of the European Council shall, at his or her level and in that
capacity, ensure the external representation of the Union on issues
concerning its common foreign and security policy, without prejudice
to the powers of the High Representative of the Union for Foreign
Affairs and Security Policy.
The President of the European
Council shall not hold a national office.".
| 1. The European Council shall provide the Union
with the necessary impetus for its development and shall define the
general political directions and priorities thereof. It shall not
exercise legislative functions.
2. The European Council shall
consist of the Heads of State or Government of the Member States,
together with its President and the President of the Commission. The
High Representative of the Union for Foreign Affairs and Security
Policy shall take part in its work.
3. The European Council shall
meet twice every six months, convened by its President. When the
agenda so requires, the members of the European Council may decide
each to be assisted by a minister and, in the case of the President
of the Commission, by a member of the Commission. When the situation
so requires, the President shall convene a special meeting of the
European Council.
4. Except where the Treaties provide otherwise,
decisions of the European Council shall be taken by consensus.
5.
The European Council shall elect its President, by a qualified
majority, for a term of two and a half years, renewable once. In the
event of an impediment or serious misconduct, the European Council
can end his or her term of office in accordance with the same
procedure.
6. The President of the European Council:
(a) shall
chair it and drive forward its work;
(b) shall ensure the
preparation and continuity of the work of the European Council in
cooperation with the President of the Commission, and on the basis
of the work of the General Affairs Council;
(c) shall endeavour
to facilitate cohesion and consensus within the European
Council;
(d) shall present a report to the European Parliament
after each of the meetings of the European Council.
The President
of the European Council shall, at his or her level and in that
capacity, ensure the external representation of the Union on issues
concerning its common foreign and security policy, without prejudice
to the powers of the High Representative of the Union for Foreign
Affairs and Security Policy.
The President of the European
Council shall not hold a national office.
|
|
|
|
| Article 9c
|
|
|
| 17) An Article 9c shall be inserted:
"Article
9c
1. The Council shall, jointly with the European Parliament,
exercise legislative and budgetary functions. It shall carry out
policy-making and coordinating functions as laid down in the
Treaties.
2. The Council shall consist of a representative of
each Member State at ministerial level, who may commit the
government of the Member State in question and cast its vote.
3.
The Council shall act by a qualified majority except where the
Treaties provide otherwise.
4. As from 1 November 2014, a
qualified majority shall be defined as at least 55 % of the members
of the Council, comprising at least fifteen of them and representing
Member States comprising at least 65 % of the population of the
Union.
A blocking minority must include at least four Council
members, failing which the qualified majority shall be deemed
attained.
The other arrangements governing the qualified majority
are laid down in Article 205(2) of the Treaty on the Functioning of
the European Union.
5. The transitional provisions relating to
the definition of the qualified majority which shall be applicable
until 31 October 2014 and those which shall be applicable from 1
November 2014 to 31 March 2017 are laid down in the Protocol on
transitional provisions.
6. The Council shall meet in different
configurations, the list of which shall be adopted in accordance
with Article 201b(a), of the Treaty on the Functioning of the
European Union.
The General Affairs Council shall ensure
consistency in the work of the different Council configurations. It
shall prepare and ensure the follow-up to meetings of the European
Council, in liaison with the President of the European Council and
the Commission.
The Foreign Affairs Council shall elaborate the
Union's external action on the basis of strategic guidelines laid
down by the European Council and ensure that the Union's action is
consistent.
7. A Committee of Permanent Representatives of the
Governments of the Member States shall be responsible for preparing
the work of the Council.
8. The Council shall meet in public when
it deliberates and votes on a draft legislative act. To this end,
each Council meeting shall be divided into two parts, dealing
respectively with deliberations on Union legislative acts and
non-legislative activities.
9. The Presidency of Council
configurations, other than that of Foreign Affairs, shall be held by
Member State representatives in the Council on the basis of equal
rotation, in accordance with the conditions established in
accordance with Article 201b(b), of the Treaty on the Functioning of
the European Union."
| 1. The Council shall, jointly with the European
Parliament, exercise legislative and budgetary functions. It shall
carry out policy-making and coordinating functions as laid down in
the Treaties.
2. The Council shall consist of a representative of
each Member State at ministerial level, who may commit the
government of the Member State in question and cast its vote.
3.
The Council shall act by a qualified majority except where the
Treaties provide otherwise.
4. As from 1 November 2014, a
qualified majority shall be defined as at least 55 % of the members
of the Council, comprising at least fifteen of them and representing
Member States comprising at least 65 % of the population of the
Union.
A blocking minority must include at least four Council
members, failing which the qualified majority shall be deemed
attained.
The other arrangements governing the qualified majority
are laid down in Article 205(2) of the Treaty on the Functioning of
the European Union.
5. The transitional provisions relating to
the definition of the qualified majority which shall be applicable
until 31 October 2014 and those which shall be applicable from 1
November 2014 to 31 March 2017 are laid down in the Protocol on
transitional provisions.
6. The Council shall meet in different
configurations, the list of which shall be adopted in accordance
with Article 201b(a), of the Treaty on the Functioning of the
European Union.
The General Affairs Council shall ensure
consistency in the work of the different Council configurations. It
shall prepare and ensure the follow-up to meetings of the European
Council, in liaison with the President of the European Council and
the Commission.
The Foreign Affairs Council shall elaborate the
Union's external action on the basis of strategic guidelines laid
down by the European Council and ensure that the Union's action is
consistent.
7. A Committee of Permanent Representatives of the
Governments of the Member States shall be responsible for preparing
the work of the Council.
8. The Council shall meet in public when
it deliberates and votes on a draft legislative act. To this end,
each Council meeting shall be divided into two parts, dealing
respectively with deliberations on Union legislative acts and
non-legislative activities.
9. The Presidency of Council
configurations, other than that of Foreign Affairs, shall be held by
Member State representatives in the Council on the basis of equal
rotation, in accordance with the conditions established in
accordance with Article 201b(b), of the Treaty on the Functioning of
the European Union.
|
|
|
|
| Article 9d
|
|
|
| 18) An Article 9d shall be inserted:
"Article
9d
1. The Commission shall promote the general interest of the
Union and take appropriate initiatives to that end. It shall ensure
the application of the Treaties, and measures adopted by the
institutions pursuant to them. It shall oversee the application of
Union law under the control of the Court of Justice of the European
Union. It shall execute the budget and manage programmes. It shall
exercise coordinating, executive and management functions, as laid
down in the Treaties. With the exception of the common foreign and
security policy, and other cases provided for in the Treaties, it
shall ensure the Union's external representation. It shall initiate
the Union's annual and multiannual programming with a view to
achieving interinstitutional agreements.
2. Union legislative
acts may be adopted only on the basis of a Commission proposal,
except where the Treaties provide otherwise. Other acts shall be
adopted on the basis of a Commission proposal where the Treaties so
provide.
3. The Commission's term of office shall be five
years.
The members of the Commission shall be chosen on the
ground of their general competence and European commitment from
persons whose independence is beyond doubt.
In carrying out its
responsibilities, the Commission shall be completely independent.
Without prejudice to Article 9e(2), the members of the Commission
shall neither seek nor take instructions from any government or
other institution, body, office or entity. They shall refrain from
any action incompatible with their duties or the performance of
their tasks.
4. The Commission appointed between the date of
entry into force of the Treaty amending the Treaty on European Union
and the Treaty establishing the European Community and 31 October
2014 shall consist of one national of each Member State, including
its President and the High Representative of the Union for Foreign
Affairs and Security Policy who shall be one of its
Vice-Presidents.
5. As from 1 November 2014, the Commission shall
consist of a number of members, including its President and the High
Representative of the Union for Foreign Affairs and Security Policy,
corresponding to two thirds of the number of Member States, unless
the European Council, acting unanimously, decides to alter this
number.
The members of the Commission shall be chosen from among
the nationals of the Member States on the basis of a system of
strictly equal rotation between the Member States, reflecting the
demographic and geographical range of all the Member States. This
system shall be established unanimously by the European Council in
accordance with Article 211 of the Treaty on the Functioning of the
European Union.
6. The President of the Commission shall:
(a)
lay down guidelines within which the Commission is to work;
(b)
decide on the internal organisation of the Commission, ensuring that
it acts consistently, efficiently and as a collegiate body;
(c)
appoint Vice-Presidents, other than the High Representative of the
Union for Foreign Affairs and Security Policy, from among the
members of the Commission.
A member of the Commission shall
resign if the President so requests. The High Representative of the
Union for Foreign Affairs and Security Policy shall resign, in
accordance with the procedure set out in Article 9e(1), if the
President so requests.
7. Taking into account the elections to
the European Parliament and after having held the appropriate
consultations, the European Council, acting by a qualified majority,
shall propose to the European Parliament a candidate for President
of the Commission. This candidate shall be elected by the European
Parliament by a majority of its component members. If he or she does
not obtain the required majority, the European Council, acting by a
qualified majority, shall within one month propose a new candidate
who shall be elected by the European Parliament following the same
procedure.
The Council, by common accord with the
President-elect, shall adopt the list of the other persons whom it
proposes for appointment as members of the Commission. They shall be
selected, on the basis of the suggestions made by Member States, in
accordance with the criteria set out in paragraph 3, second
subparagraph, and paragraph 5, second subparagraph.
The
President, the High Representative of the Union for Foreign Affairs
and Security Policy and the other members of the Commission shall be
subject as a body to a vote of consent by the European Parliament.
On the basis of this consent the Commission shall be appointed by
the European Council, acting by a qualified majority.
8. The
Commission, as a body, shall be responsible to the European
Parliament. In accordance with Article 201 of the Treaty on the
Functioning of the European Union, the European Parliament may vote
on a censure motion on the Commission. If such a motion is carried,
the members of the Commission shall resign as a body and the High
Representative of the Union for Foreign Affairs and Security Policy
shall resign from the duties that he or she carries out in the
Commission."
| 1. The Commission shall promote the general
interest of the Union and take appropriate initiatives to that end.
It shall ensure the application of the Treaties, and measures
adopted by the institutions pursuant to them. It shall oversee the
application of Union law under the control of the Court of Justice
of the European Union. It shall execute the budget and manage
programmes. It shall exercise coordinating, executive and management
functions, as laid down in the Treaties. With the exception of the
common foreign and security policy, and other cases provided for in
the Treaties, it shall ensure the Union's external representation.
It shall initiate the Union's annual and multiannual programming
with a view to achieving interinstitutional agreements.
2. Union
legislative acts may be adopted only on the basis of a Commission
proposal, except where the Treaties provide otherwise. Other acts
shall be adopted on the basis of a Commission proposal where the
Treaties so provide.
3. The Commission's term of office shall be
five years.
The members of the Commission shall be chosen on the
ground of their general competence and European commitment from
persons whose independence is beyond doubt.
In carrying out its
responsibilities, the Commission shall be completely independent.
Without prejudice to Article 9e(2), the members of the Commission
shall neither seek nor take instructions from any government or
other institution, body, office or entity. They shall refrain from
any action incompatible with their duties or the performance of
their tasks.
4. The Commission appointed between the date of
entry into force of the Treaty amending the Treaty on European Union
and the Treaty establishing the European Community and 31 October
2014 shall consist of one national of each Member State, including
its President and the High Representative of the Union for Foreign
Affairs and Security Policy who shall be one of its
Vice-Presidents.
5. As from 1 November 2014, the Commission shall
consist of a number of members, including its President and the High
Representative of the Union for Foreign Affairs and Security Policy,
corresponding to two thirds of the number of Member States, unless
the European Council, acting unanimously, decides to alter this
number.
The members of the Commission shall be chosen from among
the nationals of the Member States on the basis of a system of
strictly equal rotation between the Member States, reflecting the
demographic and geographical range of all the Member States. This
system shall be established unanimously by the European Council in
accordance with Article 211 of the Treaty on the Functioning of the
European Union.
6. The President of the Commission shall:
(a)
lay down guidelines within which the Commission is to work;
(b)
decide on the internal organisation of the Commission, ensuring that
it acts consistently, efficiently and as a collegiate body;
(c)
appoint Vice-Presidents, other than the High Representative of the
Union for Foreign Affairs and Security Policy, from among the
members of the Commission.
A member of the Commission shall
resign if the President so requests. The High Representative of the
Union for Foreign Affairs and Security Policy shall resign, in
accordance with the procedure set out in Article 9e(1), if the
President so requests.
7. Taking into account the elections to
the European Parliament and after having held the appropriate
consultations, the European Council, acting by a qualified majority,
shall propose to the European Parliament a candidate for President
of the Commission. This candidate shall be elected by the European
Parliament by a majority of its component members. If he or she does
not obtain the required majority, the European Council, acting by a
qualified majority, shall within one month propose a new candidate
who shall be elected by the European Parliament following the same
procedure.
The Council, by common accord with the
President-elect, shall adopt the list of the other persons whom it
proposes for appointment as members of the Commission. They shall be
selected, on the basis of the suggestions made by Member States, in
accordance with the criteria set out in paragraph 3, second
subparagraph, and paragraph 5, second subparagraph.
The
President, the High Representative of the Union for Foreign Affairs
and Security Policy and the other members of the Commission shall be
subject as a body to a vote of consent by the European Parliament.
On the basis of this consent the Commission shall be appointed by
the European Council, acting by a qualified majority.
8. The
Commission, as a body, shall be responsible to the European
Parliament. In accordance with Article 201 of the Treaty on the
Functioning of the European Union, the European Parliament may vote
on a censure motion on the Commission. If such a motion is carried,
the members of the Commission shall resign as a body and the High
Representative of the Union for Foreign Affairs and Security Policy
shall resign from the duties that he or she carries out in the
Commission.
|
|
|
|
| Article 9e
|
|
|
| 19) The following new Article 9e shall be
inserted:
"Article 9e
1. The European Council, acting by a
qualified majority, with the agreement of the President of the
Commission, shall appoint the High Representative of the Union for
Foreign Affairs and Security Policy. The European Council may end
his or her term of office by the same procedure.
2. The High
Representative shall conduct the Union's common foreign and security
policy. He or she shall contribute by his or her proposals to the
development of that policy, which he or she shall carry out as
mandated by the Council. The same shall apply to the common security
and defence policy.
3. The High Representative shall preside over
the Foreign Affairs Council.
4. The High Representative shall be
one of the Vice-Presidents of the Commission. He or she shall ensure
the consistency of the Union's external action. He or she shall be
responsible within the Commission for responsibilities incumbent on
it in external relations and for coordinating other aspects of the
Union's external action. In exercising these responsibilities within
the Commission, and only for these responsibilities, the High
Representative shall be bound by Commission procedures to the extent
that this is consistent with paragraphs 2 and 3.".
| 1. The European Council, acting by a qualified
majority, with the agreement of the President of the Commission,
shall appoint the High Representative of the Union for Foreign
Affairs and Security Policy. The European Council may end his or her
term of office by the same procedure.
2. The High Representative
shall conduct the Union's common foreign and security policy. He or
she shall contribute by his or her proposals to the development of
that policy, which he or she shall carry out as mandated by the
Council. The same shall apply to the common security and defence
policy.
3. The High Representative shall preside over the Foreign
Affairs Council.
4. The High Representative shall be one of the
Vice-Presidents of the Commission. He or she shall ensure the
consistency of the Union's external action. He or she shall be
responsible within the Commission for responsibilities incumbent on
it in external relations and for coordinating other aspects of the
Union's external action. In exercising these responsibilities within
the Commission, and only for these responsibilities, the High
Representative shall be bound by Commission procedures to the extent
that this is consistent with paragraphs 2 and 3.
|
|
|
|
| Article 9f
|
|
|
| 20) An Article 9f shall be inserted:
"Article
9f
1. The Court of Justice of the European Union shall include
the Court of Justice, the General Court and specialised courts. It
shall ensure that in the interpretation and application of the
Treaties the law is observed.
Member States shall provide
remedies sufficient to ensure effective legal protection in the
fields covered by Union law.
2. The Court of Justice shall
consist of one judge from each Member State. It shall be assisted by
Advocates-General.
The General Court shall include at least one
judge per Member State.
The judges and the Advocates-General of
the Court of Justice and the judges of the General Court shall be
chosen from persons whose independence is beyond doubt and who
satisfy the conditions set out in Articles 223 and 224 of the Treaty
on the Functioning of the European Union. They shall be appointed by
common accord of the governments of the Member States for six years.
Retiring judges and Advocates-General may be reappointed.
3. The
Court of Justice of the European Union shall in accordance with the
Treaties:
(a) rule on actions brought by a Member State, an
institution or a natural or legal person;
(b) give preliminary
rulings, at the request of courts or tribunals of the Member States,
on the interpretation of Union law or the validity of acts adopted
by the institutions;
(c) rule in other cases provided for in the
Treaties.".
| 1. The Court of Justice of the European Union shall
include the Court of Justice, the General Court and specialised
courts. It shall ensure that in the interpretation and application
of the Treaties the law is observed.
Member States shall provide
remedies sufficient to ensure effective legal protection in the
fields covered by Union law.
2. The Court of Justice shall
consist of one judge from each Member State. It shall be assisted by
Advocates-General.
The General Court shall include at least one
judge per Member State.
The judges and the Advocates-General of
the Court of Justice and the judges of the General Court shall be
chosen from persons whose independence is beyond doubt and who
satisfy the conditions set out in Articles 223 and 224 of the Treaty
on the Functioning of the European Union. They shall be appointed by
common accord of the governments of the Member States for six years.
Retiring judges and Advocates-General may be reappointed.
3. The
Court of Justice of the European Union shall in accordance with the
Treaties:
(a) rule on actions brought by a Member State, an
institution or a natural or legal person;
(b) give preliminary
rulings, at the request of courts or tribunals of the Member States,
on the interpretation of Union law or the validity of acts adopted
by the institutions;
(c) rule in other cases provided for in the
Treaties.
|
|
| TITLE IV
| 21) The provisions of Title IV of the EU Treaty
shall be incorporated into the Treaty establishing the European
Atomic Energy Community, as amended elsewhere.
| TITLE IV
|
|
| PROVISIONS AMENDING THE TREATY ESTABLISHING THE
EUROPEAN
ATOMIC ENERGY COMMUNITY
| Enhanced cooperation
| PROVISIONS ON ENHANCED COOPERATION
|
|
| Article 10
|
| Article 10
|
|
| (not reproduced)
| 22) Title IV shall take over the heading of Title
VII "PROVISIONS ON ENHANCED COOPERATION" and Articles 27a to 27e,
Articles 40 to 40b and Articles 43 to 45 shall be replaced by the
following Article 10:
"Article 10
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 Treaties, subject to the limits and in
accordance with the procedures laid down in this Article and in
Articles 280a to 280i of the Treaty on the Functioning of the
European Union.
Enhanced cooperation shall aim to further the
objectives of the Union, protect its interests and reinforce its
integration process. Such cooperation shall be open at any time to
all Member States, in accordance with Article 280c of the Treaty on
the Functioning of the European Union.
2. The decision
authorising enhanced cooperation shall be adopted by the Council as
a last resort, when it has established that the objectives of such
cooperation cannot be attained within a reasonable period by the
Union as a whole, and provided that at least nine Member States
participate in it. The Council shall act in accordance with the
procedure laid down in Article 280d of the Treaty on the Functioning
of the European Union.
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. The voting rules are set out in Article
280e of the Treaty on the Functioning of the European Union.
4.
Acts adopted in the framework of enhanced cooperation shall bind
only participating Member States. They shall not be regarded as part
of the acquis which has to be accepted by candidate States for
accession to the Union."
| 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 Treaties, subject to the limits and in accordance with the
procedures laid down in this Article and in Articles 280a to 280i of
the Treaty on the Functioning of the European Union.
Enhanced
cooperation shall aim to further the objectives of the Union,
protect its interests and reinforce its integration process. Such
cooperation shall be open at any time to all Member States, in
accordance with Article 280c of the Treaty on the Functioning of the
European Union.
2. The decision authorising enhanced cooperation
shall be adopted by the Council as a last resort, when it has
established that the objectives of such cooperation cannot be
attained within a reasonable period by the Union as a whole, and
provided that at least nine Member States participate in it. The
Council shall act in accordance with the procedure laid down in
Article 280d of the Treaty on the Functioning of the European
Union.
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. The voting rules are set out in Article 280e of the
Treaty on the Functioning of the European Union.
4. Acts adopted
in the framework of enhanced cooperation shall bind only
participating Member States. They shall not be regarded as part of
the acquis which has to be accepted by candidate States for
accession to the Union.
|
|
| TITLE V
| 23) Title V of the EU Treaty shall be renamed as
follows: "GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND
SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY".
| TITLE V
|
|
| PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY
| General provisions on the Union's external action
| GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY
|
|
|
|
| CHAPTER 1 |
|
|
|
|
|
|
|
|
| GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION
|
|
|
|
| Article 10a
|
|
|
| 24) The following new chapter shall be
inserted:
"CHAPTER 1 GENERAL PROVISIONS ON THE UNION'S EXTERNAL
ACTION
Article 10a
1. The Union's action on the international
scene shall be guided by the principles which have inspired its own
creation, development and enlargement, and which it seeks to advance
in the wider world: democracy, the rule of law, the universality and
indivisibility of human rights and fundamental freedoms, respect for
human dignity, the principles of equality and solidarity, and
respect for the principles of the United Nations Charter and
international law.
The Union shall seek to develop relations and
build partnerships with third countries, and international, regional
or global organisations which share the principles referred to in
the first subparagraph. It shall promote multilateral solutions to
common problems, in particular in the framework of the United
Nations.
2. The Union shall define and pursue common policies and
actions, and shall work for a high degree of cooperation in all
fields of international relations, in order to:
(a) safeguard its
values, fundamental interests, security, independence and
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
United Nations Charter, with the principles of the Helsinki Final
Act and with the aims of the Charter of Paris, including those
relating to external borders;
(d) foster the sustainable
economic, social and environmental development of developing
countries, with the primary aim of eradicating poverty;
(e)
encourage the integration of all countries into the world economy,
including through the progressive abolition of restrictions on
international trade;
(f) help develop international measures to
preserve and improve the quality of the environment and the
sustainable management of global natural resources, in order to
ensure sustainable development;
(g) assist populations, countries
and regions confronting natural or man-made disasters; and
(h)
promote an international system based on stronger multilateral
cooperation and good global governance.
3. The Union shall
respect the principles and pursue the objectives set out in
paragraphs 1 and 2 in the development and implementation of the
different areas of the Union's external action covered by this Title
and Part Five of the Treaty on the Functioning of the European
Union, and of the external aspects of its other policies.
The
Union shall ensure consistency between the different areas of its
external action and between these and its other policies. The
Council and the Commission, assisted by the High Representative of
the Union for Foreign Affairs and Security Policy, shall ensure that
consistency and shall cooperate to that effect.
| 1. The Union's action on the international scene
shall be guided by the principles which have inspired its own
creation, development and enlargement, and which it seeks to advance
in the wider world: democracy, the rule of law, the universality and
indivisibility of human rights and fundamental freedoms, respect for
human dignity, the principles of equality and solidarity, and
respect for the principles of the United Nations Charter and
international law.
The Union shall seek to develop relations and
build partnerships with third countries, and international, regional
or global organisations which share the principles referred to in
the first subparagraph. It shall promote multilateral solutions to
common problems, in particular in the framework of the United
Nations.
2. The Union shall define and pursue common policies and
actions, and shall work for a high degree of cooperation in all
fields of international relations, in order to:
(a) safeguard its
values, fundamental interests, security, independence and
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
United Nations Charter, with the principles of the Helsinki Final
Act and with the aims of the Charter of Paris, including those
relating to external borders;
(d) foster the sustainable
economic, social and environmental development of developing
countries, with the primary aim of eradicating poverty;
(e)
encourage the integration of all countries into the world economy,
including through the progressive abolition of restrictions on
international trade;
(f) help develop international measures to
preserve and improve the quality of the environment and the
sustainable management of global natural resources, in order to
ensure sustainable development;
(g) assist populations, countries
and regions confronting natural or man-made disasters; and
(h)
promote an international system based on stronger multilateral
cooperation and good global governance.
3. The Union shall
respect the principles and pursue the objectives set out in
paragraphs 1 and 2 in the development and implementation of the
different areas of the Union's external action covered by this Title
and Part Five of the Treaty on the Functioning of the European
Union, and of the external aspects of its other policies.
The
Union shall ensure consistency between the different areas of its
external action and between these and its other policies. The
Council and the Commission, assisted by the High Representative of
the Union for Foreign Affairs and Security Policy, shall ensure that
consistency and shall cooperate to that effect.
|
|
|
|
| Article 10b
|
|
|
| Article 10b
1. On the basis of the principles
and objectives set out in Article 10a, the European Council shall
identify the strategic interests and objectives of the
Union.
Decisions of the European Council on the strategic
interests and objectives of the Union shall relate to the common
foreign and security policy and to other areas of the external
action of the Union. Such decisions may concern the relations of the
Union with a specific country or region or may be thematic in
approach. They shall define their duration, and the means to be made
available by the Union and the Member States.
The European
Council shall act unanimously on a recommendation from the Council,
adopted by the latter under the arrangements laid down for each
area. Decisions of the European Council shall be implemented in
accordance with the procedures provided for in the Treaties.
2.
The High Representative of the Union for Foreign Affairs and
Security Policy, for the area of common foreign and security policy,
and the Commission, for other areas of external action, may submit
joint proposals to the Council.".
| 1. On the basis of the principles and objectives
set out in Article 10a, the European Council shall identify the
strategic interests and objectives of the Union.
Decisions of the
European Council on the strategic interests and objectives of the
Union shall relate to the common foreign and security policy and to
other areas of the external action of the Union. Such decisions may
concern the relations of the Union with a specific country or region
or may be thematic in approach. They shall define their duration,
and the means to be made available by the Union and the Member
States.
The European Council shall act unanimously on a
recommendation from the Council, adopted by the latter under the
arrangements laid down for each area. Decisions of the European
Council shall be implemented in accordance with the procedures
provided for in the Treaties.
2. The High Representative of the
Union for Foreign Affairs and Security Policy, for the area of
common foreign and security policy, and the Commission, for other
areas of external action, may submit joint proposals to the Council.
|
|
|
| The common foreign and security policy
| CHAPTER 2
|
|
|
| 25) The following headings shall be
inserted:
"CHAPTER 2 SPECIFIC PROVISIONS ON THE COMMON FOREIGN
AND SECURITY POLICY
SECTION 1 COMMON PROVISIONS".
| SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND
SECURITY POLICY
|
|
|
|
| SECTION 1
|
|
|
|
| COMMON PROVISIONS
|
|
|
|
| Article 10c
|
|
|
| 26) The following new Article 10c shall be
inserted:
"Article 10c
The Union's action on the international
scene, pursuant to this Chapter, shall be guided by the principles,
shall pursue the objectives of, and be conducted in accordance with,
the general provisions laid down in Chapter 1.".
| The Union's action on the international scene,
pursuant to this Chapter, shall be guided by the principles, shall
pursue the objectives of, and be conducted in accordance with, the
general provisions laid down in Chapter 1.
|
|
| Article 11
|
| Article 11
|
|
| 1. The Union shall define and implement a common
foreign and security policy covering all areas of foreign and
security policy, the objectives of which shall be:
— to safeguard
the common values, fundamental interests, independence and integrity
of the Union in conformity with the principles of the United Nations
Charter,
— to strengthen the security of the Union in all
ways,
— to preserve peace and strengthen international security,
in accordance with the principles of the United Nations Charter, as
well as the principles of the Helsinki Final Act and the objectives
of the Paris Charter, including those on external borders,
— to
promote international cooperation,
— to develop and consolidate
democracy and the rule of law, and respect for human rights and
fundamental freedoms | |