CIG 87/04
TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
PREAMBLE
[The heads of state of the twenty-five Member States of the European Union],
DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, have developed the universal values of the inviolable 
and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
BELIEVING that Europe, reunited after bitter experiences, intends to continue along the path of civilisation, progress and prosperity, for the good of 
all its inhabitants, including the weakest and most deprived; that it wishes to remain a continent open to culture, learning and social progress; and 
that it wishes to deepen the democratic and transparent nature of its public life, and to strive for peace, justice and solidarity throughout the world,
CONVINCED that, while remaining proud of their own national identities and history, the peoples of Europe are determined to transcend their 
former divisions and, united ever more closely, to forge a common destiny,
CONVINCED that, thus “United in diversity”, Europe offers them the best chance of pursuing, with due regard for the rights of each individual and 
in awareness of their responsibilities towards future generations and the Earth, the great venture which makes of it a special area of human hope,
DETERMINED to continue the work accomplished within the framework of the Treaties establishing the European Communities and the Treaty on 
European Union, by ensuring the continuity of the Community acquis,
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:
[The heads of state of the twenty-five Member States of the European Union],
WHO, having exchanged their full powers, found in good and due form, have agreed as follows:


PART I
TITLE I
DEFINITION AND OBJECTIVES OF THE UNION
ARTICLE I-1 Establishment of the Union
1. Reflecting the will of the citizens and States of Europe to build a 
common future, this Constitution establishes the European Union, on 
which the Member States confer competences to attain objectives they 
have in common. The Union shall coordinate the policies by which the 
Member States aim to achieve these objectives, and shall exercise on a 
Community basis the competences they confer on it.
2. The Union shall be open to all European States which respect its values 
and are committed to promoting them together.
ARTICLE I-2 The Union’s values
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.
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 of freedom, security and 
justice without internal frontiers, and an internal market where 
competition is free and undistorted.
3. The Union 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. In its relations with the wider world, the Union shall uphold and 
promote its values and interests. It shall contribute to peace, security, the 
sustainable development of the Earth, solidarity and mutual respect 
among peoples, free and fair trade, eradication of poverty and 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.
5. The Union shall pursue its objectives by appropriate means 
commensurate with the competences which are conferred upon it in the 
Constitution.
ARTICLE I-4 Fundamental freedoms and non-discrimination
1. The free movement of persons, services, goods and capital, and 
freedom of establishment shall be guaranteed within and by the Union, 
in accordance with the Constitution.
2. Within the scope of the Constitution, and without prejudice to any of 
its specific provisions, any discrimination on grounds of nationality shall 
be prohibited.
ARTICLE I-5 Relations between the Union and the Member States
1. The Union shall respect the equality of Member States before the 
Constitution 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.
2. 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 Constitution.
The Member States shall take any appropriate measure, general or 
particular, to ensure fulfilment of the obligations arising out of the 
Constitution 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.
ARTICLE I-6 Union law
The Constitution and law adopted by the institutions of the Union in 
exercising competences conferred on it shall have primacy over the law 
of the Member States.
ARTICLE I-7 Legal personality
The Union shall have legal personality.
ARTICLE I-8 The symbols of the Union
The flag of the Union shall be a circle of twelve golden stars on a blue 
background.
The anthem of the Union shall be based on the “Ode to Joy” from the 
Ninth Symphony by Ludwig van Beethoven.
The motto of the Union shall be: “United in diversity”.
The currency of the Union shall be the euro.
Europe day shall be celebrated on 9 May throughout the Union.
TITLE II
FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION
ARTICLE I-9 Fundamental rights
1. The Union shall recognise the rights, freedoms and principles set out in 
the Charter of Fundamental Rights which constitutes Part II.
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 Constitution.
3. Fundamental rights, as guaranteed by the European Convention for 
the Protection of Human Rights and Fundamental Freedoms and as they 
result from the constitutional traditions common to the Member States, 
shall constitute general principles of the Union’s law.
ARTICLE I-10 Citizenship of the Union
1. Every national of a Member State shall be a citizen of the Union. 
Citizenship of the Union shall be additional to national citizenship and 
shall not replace it.
2. Citizens of the Union shall enjoy the rights and be subject to the duties 
provided for in the Constitution. They shall have: (a) the right to move 
and reside freely within the territory of the Member States; (b) the right 
to vote and to stand as candidates in elections to the European 
Parliament and in municipal elections in their Member State of residence, 
under the same conditions as nationals of that State; (c) the right to enjoy, 
in the territory of a third country in which the Member State of which 
they are nationals is not represented, the protection of the diplomatic and 
consular authorities of any Member State on the same conditions as the 
nationals of that State; (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 shall be 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 use of Union competences is governed by the principles of 
subsidiarity and proportionality.
2. Under the principle of conferral, the Union shall act within the limits of 
the competences conferred upon it by the Member States in the 
Constitution to attain the objectives set out in the Constitution. 
Competences not conferred upon the Union in the Constitution remain 
with the Member States.
3. Under the principle of subsidiarity, in areas which do not fall within its 
exclusive competence, the Union shall act only if and insofar as the 
objectives of the 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 
Constitution.
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.
ARTICLE I-12 Categories of competence
1. When the Constitution confers on the Union exclusive competence in a 
specific area, only the Union may legislate and adopt legally binding acts, 
the Member States being able to do so themselves only if so empowered 
by the Union or for the implementation of 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 that area. The Member 
States shall exercise their competence to the extent that the Union has not 
exercised, or has decided to cease exercising, its competence.
3. The Member States shall coordinate their economic and employment 
policies within arrangements as determined by Part III, which the Union 
shall have competence to provide.
4. The Union shall have competence to define and implement a common 
foreign and security policy, including the progressive framing of a 
common defence policy.
5. In certain areas and under the conditions laid down in the 
Constitution, the Union shall have competence to carry out actions to 
support, coordinate or supplement the actions of the Member States, 
without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions 
in Part III relating to these areas shall not entail harmonisation of 
Member States’ laws or regulations.
6. The scope of and arrangements for exercising the Union’s competences 
shall be determined by the provisions relating to each area in Part III.
ARTICLE I-13 Areas of exclusive competence
1. The Union shall have exclusive competence in the following areas: (a) 
customs union; (b) the establishing of the competition rules necessary for 
the functioning of the internal market; (c) monetary policy for the 
Member States whose currency is the euro; (d) the conservation of marine 
biological resources under the common fisheries policy; (e) common 
commercial policy.
2. The Union shall also have exclusive competence for the conclusion of 
an international agreement when its conclusion is provided for in a 
legislative act of the Union or is necessary to enable the Union to exercise 
its internal competence, or insofar as its conclusion may affect common 
rules or alter their scope.
ARTICLE I-14 Areas of shared competence
1. The Union shall share competence with the Member States where the 
Constitution confers on it a competence which does not relate to the areas 
referred to in Articles I-13 and I-17.
2. Shared competence between the Union and the Member States applies 
in the following principal areas: (a) internal market; (b) social policy, for 
the aspects defined in Part III; (c) economic, social and territorial 
cohesion; (d) agriculture and fisheries, excluding the conservation of 
marine biological resources; (e) environment; (f) consumer protection; (g) 
transport; (h) trans-European networks; (i) energy; (j) area of freedom, 
security and justice; (k) common safety concerns in public health matters, 
for the aspects defined in Part III.
3. In the areas of research, technological development and space, the 
Union shall have competence to carry out activities, in particular to 
define and implement programmes; however, the exercise of that 
competence shall not result in Member States being prevented from 
exercising theirs.
4. In the areas of development cooperation and humanitarian aid, the 
Union shall have competence to carry out activities and conduct a 
common policy; however, the exercise of that competence shall 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.
Specific provisions shall apply to those Member States whose currency is 
the euro.
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.
3. The Union may take initiatives to ensure coordination of Member 
States’ social policies.
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 framing of a common 
defence policy that might lead to a common defence.
2. Member States shall actively and unreservedly support the Union’s 
common foreign and security policy in a spirit of loyalty and mutual 
solidarity and shall comply with the Union’s 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 such action shall, at European level, be: (a) protection and 
improvement of human health; (b) industry; (c) culture; (d) tourism; (e) 
education, youth, sport and vocational training; (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 attain one of the objectives set out in 
the Constitution, and the Constitution has not provided the necessary 
powers, the Council of Ministers, acting unanimously on a proposal from 
the European Commission and after obtaining the consent of the 
European Parliament, shall adopt the appropriate measures.
2. Using the procedure for monitoring the subsidiarity principle referred 
to in Article I-11(3), the European Commission shall draw national 
Parliaments’ attention to proposals based on this Article.
3. Measures based on this Article shall not entail harmonisation of 
Member States’ laws or regulations in cases where the Constitution 
excludes such harmonisation.
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 shall aim to: – 
promote its values, – 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 actions.
This institutional framework comprises: –
The European Parliament, –
The European Council, –
The Council of Ministers (hereinafter referred to as the “Council”), –
The European Commission (hereinafter referred to as the 
“Commission”), –
The Court of Justice of the European Union.
2. Each institution shall act within the limits of the powers conferred on it 
in the Constitution, and in conformity with the procedures and 
conditions set out in it. The institutions shall practise mutual sincere 
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 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 European 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 I-21 The European Council
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 Union Minister for Foreign Affairs 
shall take part in its work.
3. The European Council shall meet quarterly, convened by its President. 
When the agenda so requires, 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 Constitution provides otherwise, decisions of the 
European Council shall be taken by consensus.
ARTICLE I-22 The European Council President
1. 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.
2. 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 Union Minister for Foreign Affairs.
3. The President of the European Council shall not hold a national office.
ARTICLE I-23 The Council of Ministers
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 Constitution.
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 
Constitution provides otherwise.
ARTICLE I-24 Configurations of the Council of Ministers
1. The Council shall meet in different configurations.
2. 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.
3. 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.
4. The European Council shall adopt by a qualified majority a European 
decision establishing the list of other Council configurations.
5. A Committee of Permanent Representatives of the Governments of the 
Member States shall be responsible for preparing the work of the 
Council.
6. 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.
7. 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 
by a European decision of the European Council. The European Council 
shall act by a qualified majority.
ARTICLE I-25 Definition of qualified majority within the European 
Council and the Council
1. 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.
2. By way of derogation from paragraph 1, when the Council is not acting 
on a proposal from the Commission or from the Union Minister for 
Foreign Affairs, the qualified majority shall be defined as at least 72% of 
the members of the Council, representing Member States comprising at 
least 65% of the population of the Union.
3. Paragraphs 1 and 2 shall apply to the European Council when it is 
acting by a qualified majority.
4. Within the European Council, its President and the President of the 
Commission shall not take part in the vote.
ARTICLE I-26 The European 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 Constitution, and measures adopted by the institutions pursuant to 
the Constitution. 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 Constitution. 
With the exception of the common foreign and security policy, and other 
cases provided for in the Constitution, it shall ensure the Union’s external 
representation. It shall initiate the Union’s annual and multiannual 
programming with a view to achieving interinstitutional agreements.
2. Union legislative acts may be adopted only on the basis of a 
Commission proposal, except where the Constitution provides otherwise. 
Other acts shall be adopted on the basis of a Commission proposal where 
the Constitution so provides.
3. The Commission’s term of office shall be five years.
4. 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.
5. The first Commission appointed under the provisions of the 
Constitution shall consist of one national of each Member State, including 
its President and the Union Minister for Foreign Affairs who shall be one 
of its Vice-Presidents.
6. As from the end of the term of office of the Commission referred to in 
paragraph 5, the Commission shall consist of a number of members, 
including its President and the Union Minister for Foreign Affairs, 
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 selected from among the 
nationals of the Member States on the basis of a system of equal rotation 
between the Member States. This system shall be established by a 
European decision adopted unanimously by the European Council and 
on the basis of the following principles: (a) Member States shall be 
treated on a strictly equal footing as regards determination of the 
sequence of, and the time spent by, their nationals as members of the 
Commission; consequently, the difference between the total number of 
terms of office held by nationals of any given pair of Member States may 
never be more than one; (b) subject to point (a), each successive 
Commission shall be so composed as to reflect satisfactorily the 
demographic and geographical range of all the Member States.
7. In carrying out its responsibilities, the Commission shall be completely 
independent. Without prejudice to Article I-28(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.
8. The Commission, as a body, shall be responsible to the European 
Parliament. In accordance with Article III-340, 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 
Union Minister for Foreign Affairs shall resign from the duties that he or 
she carries out in the Commission.
ARTICLE I-27 The President of the European Commission
1. 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.
2. 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 Article I-26(4) and (6), second subparagraph.
The President, the Union Minister for Foreign Affairs 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.
3. 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 Union 
Minister for Foreign Affairs, from among the members of the 
Commission.
A member of the Commission shall resign if the President so requests. 
The Union Minister for Foreign Affairs shall resign, in accordance with 
the procedure set out in Article I-28(1), if the President so requests.
ARTICLE I-28 The Union Minister for Foreign Affairs
1. The European Council, acting by a qualified majority, with the 
agreement of the President of the Commission, shall appoint the Union 
Minister for Foreign Affairs. The European Council may end his or her 
term of office by the same procedure.
2. The Union Minister for Foreign Affairs 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 Union Minister for Foreign Affairs shall preside over the Foreign 
Affairs Council.
4. The Union Minister for Foreign Affairs 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 Union Minister for Foreign Affairs shall be 
bound by Commission procedures to the extent that this is consistent 
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 General Court and specialised courts. It shall ensure that in 
the interpretation and application of the Constitution 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 III-355 and III-356. 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 
Part III: (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 Constitution.
CHAPTER II
THE OTHER UNION INSTITUTIONS AND ADVISORY BODIES
ARTICLE I-30 The European Central Bank
1. The European Central Bank, together with the national central banks, 
shall constitute the European System of Central Banks. The European 
Central Bank, together with the national central banks of the Member 
States whose currency is the euro, which constitute the Eurosystem, shall 
conduct the monetary policy of the Union.
2. The European System of Central Banks shall be governed by the 
decision-making bodies of the European Central Bank. The primary 
objective of the European System of Central Banks shall be to maintain 
price stability. Without prejudice to that objective, it shall support the 
general economic policies in the Union in order to contribute to the 
achievement of the latter’s objectives. It shall 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.
3. The European Central Bank is an institution. It shall have legal 
personality. It alone may authorise the issue of the euro. It shall be 
independent in the exercise of its powers and in the management of its 
finances. Union institutions, bodies, offices and agencies and the 
governments of the Member States shall respect that independence.
4. The European Central Bank shall adopt such measures as are necessary 
to carry out its tasks in accordance with Articles III-185 to III-191 and 
Article III-196, and with the conditions laid down in the Statute of the 
European System of Central Banks and of the European Central Bank. In 
accordance with these same Articles, those Member States whose 
currency is not the euro, and their central banks, shall retain their powers 
in monetary matters.
5. Within the areas falling within its responsibilities, the European 
Central Bank shall be consulted on all proposed Union acts, and all 
proposals for regulation at national level, and may give an opinion.
6. The decision-making organs of the European Central Bank, their 
composition and operating methods are set out in Articles III-192, III-193, 
III-382 and III-383, as well as in the Statute of the European System of 
Central Banks and of the European Central Bank.
ARTICLE I-31 The Court of Auditors
1. The Court of Auditors is an institution. It shall carry out the Union’s 
audit.
2. It shall examine the accounts of all Union revenue and expenditure, 
and shall ensure good financial management.
3. It shall consist of one national of each Member State. Its members shall 
be completely independent in the performance of their duties, in the 
Union’s general interest.
ARTICLE I-32 The Union’s advisory bodies
1. The European Parliament, the Council and the Commission shall be 
assisted by a Committee of the Regions and an Economic and Social 
Committee, exercising advisory functions.
2. The Committee of the Regions shall consist of representatives of 
regional and local bodies who either hold a regional or local authority 
electoral mandate or are politically accountable to an elected assembly.
3. The Economic and Social Committee shall consist of representatives of 
organisations of employers, of the employed, and of other parties 
representative of civil society, notably in socio-economic, civic, 
professional and cultural areas.
4. The members of the Committee of the Regions and the Economic and 
Social Committee shall not be bound by any mandatory instructions. 
They shall be completely independent in the performance of their duties, 
in the Union’s general interest.
5. Rules governing the composition of these Committees, the designation 
of their members, their powers and their operations are set out in Articles 
III-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. To exercise the Union’s competences the institutions shall use as legal 
instruments, in accordance with Part III, European laws, European 
framework laws, European regulations, European decisions, 
recommendations and opinions.
A European law shall be a legislative act of general application. It shall be 
binding in its entirety and directly applicable in all Member States.
A European framework law shall be a legislative act binding, as to the 
result to be achieved, upon each Member State to which it is addressed, 
but shall leave to the national authorities the choice of form and methods.
A European regulation shall be a non-legislative act of general 
application for the implementation of legislative acts and of certain 
provisions of the Constitution. It may either be binding in its entirety and 
directly applicable in all Member States, or be binding, as to the result to 
be achieved, upon each Member State to which it is addressed, but shall 
leave to the national authorities the choice of form and methods.
A European decision shall be a non-legislative act, binding in its entirety. 
A decision which specifies those to whom it is addressed shall be binding 
only on them.
Recommendations and opinions shall have no binding force.
2. When 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.
ARTICLE I-34 Legislative acts
1. European laws and framework laws shall be adopted, on the basis of 
proposals from the Commission, jointly by the European Parliament and 
the Council under the ordinary legislative procedure as set out in Article 
III-396. If the two institutions cannot reach agreement on an act, it shall 
not be adopted.
2. In the specific cases provided for in the Constitution, European 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 in the Constitution, European laws 
and framework laws may be adopted at the initiative of a group of 
Member States or of 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.
ARTICLE I-35 Non-legislative acts
1. The European Council shall adopt European decisions in the cases 
provided for in the Constitution.
2. The Council and the Commission, in particular in the cases referred to 
in Articles I–36 and I-37, and the European Central Bank in the specific 
cases provided for in the Constitution, shall adopt European regulations 
and decisions.
3. The Council shall adopt recommendations. It shall act on a proposal 
from the Commission in all cases where the Constitution provides that it 
shall adopt acts on a proposal from the Commission. It shall act 
unanimously in those areas in which unanimity is required for the 
adoption of a Union act. The Commission, and the European Central 
Bank in the specific cases provided for in the Constitution, shall adopt 
recommendations.
ARTICLE I-36 Delegated European regulations
1. European 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 objectives, content, scope and duration of the delegation of power 
shall be explicitly defined in the European laws and framework laws. The 
essential elements of an area shall be reserved for the European law or 
framework law and accordingly shall not be the subject of a delegation of 
power.
2. European laws and framework laws shall explicitly lay down the 
conditions to which the delegation is subject; these conditions may be as 
follows: (a) the European Parliament or the Council may decide to revoke 
the delegation; (b) the delegated European regulation may enter into 
force only if no objection has been expressed by the European Parliament 
or the Council within a period set by the European law or framework 
law.
For the purposes of (a) and (b), the European Parliament shall act by a 
majority of its component members, and the Council by a qualified 
majority.
ARTICLE I-37 Implementing acts
1. Member States shall adopt all measures of national law necessary to 
implement legally binding Union acts.
2. Where uniform conditions for implementing legally binding Union 
acts are needed, those acts shall confer implementing powers on the 
Commission, or, in duly justified specific cases and in the cases provided 
for in Article I-40, on the Council.
3. For the purposes of paragraph 2, European laws shall lay down in 
advance the rules and general principles concerning mechanisms for 
control by Member States of the Commission’s exercise of implementing 
powers.
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 select it on a case-by-case basis, in compliance with 
the applicable procedures and with the principle of proportionality 
referred to in Article I-11.
2. Legal acts shall state the reasons on which they are based and shall 
refer to any proposals, initiatives, recommendations, requests or opinions 
required by the Constitution.
ARTICLE I-39 Publication and entry into force
1. European laws and framework laws adopted under the ordinary 
legislative procedure shall be signed by the President of the European 
Parliament and by the President of the Council.
In other cases they shall be signed by the President of the institution 
which adopted them.
European 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 the absence thereof, on the twentieth day 
following their publication.
2. European regulations and European decisions which do not specify to 
whom they are addressed shall be signed by the President of the 
institution which adopted them.
Where European regulations and European decisions do not specify to 
whom they are addressed, they shall be published in the Official Journal 
of the European Union and shall enter into force on the date specified in 
them or, in the absence thereof, on the twentieth day following that of 
their publication.
3. European decisions other than those referred to in paragraph 2 shall be 
notified to those to whom they are addressed and shall take effect upon 
such notification.
CHAPTER II
SPECIFIC PROVISIONS
ARTICLE I-40 Specific provisions relating to the common foreign and 
security policy
1. The European Union shall conduct a common foreign and security 
policy, based on the development of mutual political solidarity among 
Member States, the identification of questions of general interest and the 
achievement of an ever-increasing degree of convergence of Member 
States’ actions.
2. The European Council shall identify the Union’s strategic interests and 
determine the objectives of its common foreign and security policy. The 
Council 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.
4. The common foreign and security policy shall be put into effect by the 
Union Minister for Foreign Affairs and by the Member States, using 
national and Union resources.
5. Member States shall consult one another within the European Council 
and the Council on any foreign and security policy issue which is of 
general interest in order to determine a common approach. Before 
undertaking any action on the international scene or any commitment 
which could affect the Union’s interests, each Member State shall consult 
the others within the European Council or the Council. 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. European decisions relating to the common foreign and security policy 
shall be adopted by the European Council and the Council unanimously, 
except in the cases referred to in Part III. The European Council and the 
Council shall act on an initiative from a Member State, on a proposal 
from the Union Minister for Foreign Affairs or on a proposal from that 
Minister with the Commission’s support. European laws and framework 
laws shall be excluded.
7. The European Council may, unanimously, adopt a European decision 
authorising the Council to act by a qualified majority in cases other than 
those referred to in Part III.
8. The European Parliament shall be regularly consulted on the main 
aspects and basic choices of the common foreign and security policy. It 
shall be kept informed of how it evolves.
ARTICLE I-41 Specific provisions relating to the common security and 
defence policy
1. The common security and defence policy shall be an integral part of 
the common foreign and security policy. It shall provide the Union with 
an operational capacity drawing on civil and military assets. The Union 
may use them on missions outside the Union for peace-keeping, conflict 
prevention and strengthening international security in accordance with 
the principles of the United Nations Charter. The performance of these 
tasks shall be undertaken using capabilities provided by the Member 
States.
2. The common security and defence policy shall include the progressive 
framing of a common Union defence policy. This will lead to a common 
defence, when the European Council, acting unanimously, so decides. It 
shall in that case recommend to the Member States the adoption of such a 
decision in accordance with their respective constitutional requirements.
The policy of the Union in accordance with this Article shall not 
prejudice the specific character of the security and defence policy of 
certain Member States, it shall respect the obligations of certain Member 
States, which see their common defence realised in the North Atlantic 
Treaty Organisation, under the North Atlantic Treaty, and be compatible 
with the common security and defence policy established within that 
framework.
3. Member States shall make civilian and military capabilities available to 
the Union for the implementation of the common security and defence 
policy, to contribute to the objectives defined by the Council. Those 
Member States which together establish multinational forces may also 
make them available to the common security and defence policy.
Member States shall undertake progressively to improve their military 
capabilities. An Agency in the field of defence capabilities development, 
research, acquisition and armaments (European Defence Agency) shall be 
established to identify operational requirements, to promote measures to 
satisfy those requirements, to contribute to identifying and, where 
appropriate, implementing any measure needed to strengthen the 
industrial and technological base of the defence sector, to participate in 
defining a European capabilities and armaments policy, and to assist the 
Council in evaluating the improvement of military capabilities.
4. European decisions relating to the common security and defence 
policy, including those initiating a mission as referred to in this Article, 
shall be adopted by the Council acting unanimously on a proposal from 
the Union Minister for Foreign Affairs or an initiative from a Member 
State. The Union Minister for Foreign Affairs may propose the use of 
both national resources and Union instruments, together with the 
Commission where appropriate.
5. The Council may entrust the execution of a task, within the Union 
framework, to a group of Member States in order to protect the Union’s 
values and serve its interests. The execution of such a task shall be 
governed by Article III-310.
6. Those Member States whose military capabilities fulfil higher criteria 
and which have made more binding commitments to one another in this 
area with a view to the most demanding missions shall establish 
permanent structured cooperation within the Union framework. Such 
cooperation shall be governed by Article III-312. It shall not affect the 
provisions of Article III-309.
7. If a Member State is the victim of armed aggression on its territory, the 
other Member States shall have towards it an obligation of aid and 
assistance by all the means in their power, in accordance with Article 51 
of the United Nations Charter. This shall not prejudice the specific 
character of the security and defence policy of certain Member States.
Commitments and cooperation in this area shall be consistent with 
commitments under the North Atlantic Treaty Organisation, which, for 
those States which are members of it, remains the foundation of their 
collective defence and the forum for its implementation.
8. The European Parliament shall be regularly consulted on the main 
aspects and basic choices of the common security and defence policy. It 
shall be kept informed of how it evolves.
ARTICLE I-42 Specific provisions relating to the area of freedom, 
security and justice
1. The Union shall constitute an area of freedom, security and justice: (a) 
by adopting European laws and framework laws intended, where 
necessary, to approximate 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 competent authorities of the 
Member States, including the police, customs and other services 
specialising in the prevention and detection of criminal offences.
2. National Parliaments may, within the framework of the area of 
freedom, security and justice, participate in the evaluation mechanisms 
provided for in Article III-260. They shall be involved in the political 
monitoring of Europol and the evaluation of Eurojust’s activities in 
accordance with Articles III-276 and III-273.
3. Member States shall have a right of initiative in the field of police and 
judicial cooperation in criminal matters, in accordance with Article III-
264.
ARTICLE I-43 Solidarity clause
1. The Union and its Member States shall act jointly in a spirit of 
solidarity if a Member State is the object of a terrorist attack or the victim 
of a natural or man-made disaster. The Union shall mobilise all the 
instruments at its disposal, including the military resources made 
available by the Member States, to: (a) – prevent the terrorist threat in the 
territory of the Member States; – protect democratic institutions and the 
civilian population from any terrorist attack; – assist a Member State in 
its territory, at the request of its political authorities, in the event of a 
terrorist attack; (b) assist a Member State in its territory, at the request of 
its political authorities, in the event of a natural or man-made disaster.
2. The detailed arrangements for implementing this Article are set out 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 Constitution, 
subject to the limits and in accordance with the procedures laid down 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. Such 
cooperation shall be open at any time to all Member States, in accordance 
with Article III-418.
2. The European 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 one third of 
the Member States participate in it. The Council shall act in accordance 
with the procedure laid down 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.
Unanimity shall be constituted by the votes of the representatives of the 
participating Member States only.
A 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 
participating Member States, plus one member, failing which the 
qualified majority shall be deemed attained.
By way of derogation from the third and fourth subparagraphs, where 
the Council does not act on a proposal from the Commission or from the 
Union Minister for Foreign Affairs, the required 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.
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 VI
THE DEMOCRATIC LIFE OF THE UNION
ARTICLE I-45 The principle of democratic equality
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.
ARTICLE I-46 The principle of representative democracy
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 I-47 The principle of participatory democracy
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 
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 such 
citizens must come.
ARTICLE I-48 The social partners and autonomous social dialogue
The Union recognises and promotes the role of the social partners at its 
level, taking into account the diversity of national systems. It shall 
facilitate dialogue between the social 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 shall receive, examine and report on 
complaints about maladministration in the activities of the Union 
institutions, bodies, offices or agencies, under the conditions laid down in 
the Constitution. The European Ombudsman shall be completely 
independent in the performance of his or her duties.
ARTICLE I-50 Transparency of the proceedings of Union institutions, 
bodies, offices and agencies
1. In order to promote good governance and ensure the participation of 
civil society, the Union institutions, bodies, offices and agencies shall 
conduct their work as openly as possible.
2. The European Parliament shall meet in public, as shall the Council 
when considering and voting on a draft legislative act.
3. Any citizen of the Union, and any natural or legal person residing or 
having its registered office in a Member State shall have, under the 
conditions laid down in Part III, a right of access to documents of the 
Union institutions, bodies, offices and agencies, whatever their medium.
European laws shall lay down the general principles and limits which, on 
grounds of public or private interest, govern the right of access to such 
documents.
4. Each institution, body, office or agency shall determine in its own rules 
of procedure specific provisions regarding access to its documents, in 
accordance with the European laws referred to in paragraph 3.
ARTICLE I-51 Protection of personal data
1. Everyone has the right to the protection of personal data concerning 
him or her.
2. European laws or framework laws shall lay down the rules relating to 
the protection of individuals with regard to the processing of personal 
data by Union institutions, bodies, offices and agencies, and by the 
Member States when carrying out activities which fall within the scope of 
Union law, and the rules relating to the free movement of such data. 
Compliance with these rules shall be subject to the control of 
independent authorities.
ARTICLE I-52 Status of churches and non-confessional organisations
1. The Union respects and does not prejudice the status under national 
law of churches and religious associations or communities in the Member 
States.
2. The Union equally respects the status under national law of 
philosophical and non-confessional organisations.
3. Recognising their identity and their specific contribution, the Union 
shall maintain an open, transparent and regular dialogue with these 
churches and organisations.
TITLE VII
THE UNION’S FINANCES
ARTICLE I-53 Budgetary and financial principles
1. All items of Union revenue and expenditure shall be included in 
estimates drawn up for each financial year and shall be shown in the 
Union’s budget, in accordance with Part III.
2. The revenue and expenditure shown in the budget shall be in balance.
3. The expenditure shown in the budget shall be authorised for the 
annual budgetary period in accordance with the European law referred 
to in Article III-412.
4. The implementation of expenditure shown in the budget shall require 
the prior adoption of a legally binding Union act providing a legal basis 
for its action and for the implementation of the corresponding 
expenditure in accordance with the European law referred to in Article 
III-412, except in cases for which that law provides.
5. With a view to maintaining budgetary discipline, the Union shall not 
adopt any act which is likely to have appreciable implications for the 
budget without providing an assurance that the expenditure arising from 
such an act is capable of being financed within the limit of the Union’s 
own resources and in compliance with the multiannual financial 
framework referred to in Article I-55.
6. The budget shall be implemented in accordance with the principle of 
sound financial management. Member States shall cooperate with the 
Union to ensure that the appropriations entered in the budget are used in 
accordance with this principle.
7. The Union and the Member States, in accordance with Article III–415, 
shall counter fraud and any other illegal activities affecting the financial 
interests of the Union.
ARTICLE I-54 The Union’s own resources
1. The Union shall provide itself with the means necessary to attain its 
objectives and carry through its policies.
2. Without prejudice to other revenue, the Union’s budget shall be 
financed wholly from its own resources.
3. A European law of the Council shall lay down the provisions relating 
to the system of own resources of the Union. In this context it may 
establish new categories of own resources or abolish an existing category. 
The Council shall act unanimously after consulting the European 
Parliament.
That law shall not 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 lay down implementing measures 
of the Union’s own resources system insofar as this is provided for in the 
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 shall ensure that Union 
expenditure develops in an orderly manner and within the limits of its 
own resources. It shall determine the amounts of the annual ceilings of 
appropriations for commitments by category of expenditure in 
accordance with Article III-402.
2. A European law of the Council shall lay down the multiannual 
financial framework. The Council shall act unanimously after obtaining 
the consent of the European Parliament, which shall be given by a 
majority of its component members.
3. The annual budget of the Union shall comply with the multiannual 
financial framework.
4. The European Council may, unanimously, adopt a European decision 
authorising the Council to act 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 shall establish 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 neighbours
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 IX
UNION MEMBERSHIP
ARTICLE I-58 Conditions of eligibility and procedure for accession to 
the Union
1. The Union shall be open to all European States which 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. The Council 
shall act unanimously after consulting the Commission and after 
obtaining the consent of the European Parliament, which shall act by a 
majority of its component members. The conditions and arrangements 
for admission shall be the subject of an agreement between the Member 
States and the candidate State. That agreement shall be subject to 
ratification by each contracting State, in accordance with its respective 
constitutional requirements.
ARTICLE I-59 Suspension of certain rights resulting from Union 
membership
1. On the reasoned initiative of one third of the Member States or the 
reasoned initiative of the European Parliament or on a proposal from the 
Commission, the Council may adopt a European decision determining 
that there is a clear risk of a serious breach by a Member State of the 
values referred to 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 Council shall hear the Member 
State in question and, acting in accordance with the same procedure, may 
address recommendations to that State.
The Council shall regularly verify that the grounds on which such a 
determination was made continue to apply.
2. The European Council, on the initiative of one third of the Member 
States or on a proposal from the Commission, may adopt a European 
decision determining the existence of a serious and persistent breach by a 
Member State of the values mentioned in Article I-2, after inviting the 
Member State in question to submit its observations. The European 
Council shall act unanimously after obtaining the consent of the 
European Parliament.
3. Where a determination under paragraph 2 has been made, the Council, 
acting by a qualified majority, may adopt a European decision 
suspending certain of the rights deriving from the application of the 
Constitution to the Member State in question, including the voting rights 
of the member of the Council representing that State. The Council shall 
take into account the possible consequences of such a suspension for the 
rights and obligations of natural and legal persons.
In any case, that State shall continue to be bound by its obligations under 
the Constitution.
4. The Council, acting by a qualified majority, may adopt a European 
decision varying or revoking measures adopted 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 of the Council representing the Member State in question shall not 
take part in the vote and the Member State in question shall not be 
counted in the calculation of the one third or four fifths of Member States 
referred to in paragraphs 1 and 2. Abstentions by members present in 
person or represented shall not prevent the adoption of 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 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.
Where, following a decision to suspend voting rights adopted pursuant 
to paragraph 3, the Council acts by a qualified majority on the basis of a 
provision of the Constitution, that qualified majority shall be defined as 
in the second subparagraph, or, where the Council acts on a proposal 
from the Commission or from the Union Minister for Foreign Affairs, 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. 
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 the participating Member States, plus one member, failing 
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 the majority of its 
component members.
ARTICLE I-60 Voluntary withdrawal from the Union
1. Any Member State may decide to withdraw from the Union in 
accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European 
Council of its intention.
In the light of the guidelines provided by the European Council, the 
Union shall negotiate and conclude an agreement with that State, setting 
out the arrangements for its withdrawal, taking account of the 
framework for its future relationship with the Union. That agreement 
shall be negotiated in accordance with Article III-325(3). It shall be 
concluded by the Council, acting by a qualified majority, after obtaining 
the consent of the European Parliament.
3. The Constitution shall cease to apply to the State in question from the 
date of entry into force of the withdrawal agreement or, failing that, two 
years after the notification referred to in paragraph 2, unless the 
European Council, in agreement with the Member State concerned, 
unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European 
Council or of the Council representing the withdrawing Member State 
shall not participate in the discussions of the European Council or 
Council or in European decisions concerning it.
A 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 rejoin, its 
request shall be subject to the procedure referred to in Article I-58.
PART II
THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
PREAMBLE
The peoples of Europe, in creating an ever closer union among them, are 
resolved to share a peaceful future based on common values.
Conscious of its spiritual and moral heritage, the Union is founded on the 
indivisible, universal values of human dignity, freedom, equality and 
solidarity; it is based on the principles of democracy and the rule of law. 
It places the individual at the heart of its activities, by establishing the 
citizenship of the Union and by creating an area of freedom, security and 
justice.
The Union contributes to the preservation and to the development of 
these common values while respecting the diversity of the cultures and 
traditions of the peoples of Europe as well as the national identities of the 
Member States and the organisation of their public authorities at 
national, regional and local levels; it seeks to promote balanced and 
sustainable development and ensures free movement of persons, 
services, goods and capital, and the freedom of establishment.
To this end, it is necessary to strengthen the protection of fundamental 
rights in the light of changes in society, social progress and scientific and 
technological developments by making those rights more visible in a 
Charter.
This Charter reaffirms, with due regard for the powers and tasks of the 
Union and the principle of subsidiarity, the rights as they result, in 
particular, from the constitutional traditions and international obligations 
common to the Member States, the European Convention for the 
Protection of Human Rights and Fundamental Freedoms, the Social 
Charters adopted by the Union and by the Council of Europe and the 
case law of the Court of Justice of the European Union and of the 
European Court of Human Rights. In this context the Charter will be 
interpreted by the courts of the Union and the Member States with due 
regard to the explanations prepared under the authority of the 
Praesidium of the Convention which drafted the Charter and updated 
under the responsibility of the Praesidium of the European Convention.
Enjoyment of these rights entails responsibilities and duties with regard 
to other persons, to the human community and to future generations.
The Union therefore recognises the rights, freedoms and principles set 
out hereafter.
TITLE I
DIGNITY
ARTICLE II-61 Human dignity
Human dignity is inviolable. It must be respected and protected.
ARTICLE II-62 Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
ARTICLE II-63 Right to the integrity of the person
1. Everyone has the right to respect for his or her physical and mental 
integrity.
2. In the fields of medicine and biology, the following must be respected 
in particular: (a) the free and informed consent of the person concerned, 
according to the procedures laid down by law; (b) the prohibition of 
eugenic practices, in particular those aiming at the selection of persons; 
(c) the prohibition on making the human body and its parts as such a 
source of financial gain; (d) the prohibition of the reproductive cloning of 
human beings.
ARTICLE II-64 Prohibition of torture and inhuman or degrading 
treatment or punishment
No one shall be subjected to torture or to inhuman or degrading 
treatment or punishment.
ARTICLE II-65 Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. Trafficking in human beings is prohibited.
TITLE II FREEDOMS
ARTICLE II-66 Right to liberty and security
Everyone has the right to liberty and security of person.
ARTICLE II-67 Respect for private and family life
Everyone has the right to respect for his or her private and family life, 
home and communications.
ARTICLE II-68 Protection of personal data
1. Everyone has the right to the protection of personal data concerning 
him or her.
2. Such data must be processed fairly for specified purposes and on the 
basis of the consent of the person concerned or some other legitimate 
basis laid down by law. Everyone has the right of access to data which 
has been collected concerning him or her, and the right to have it 
rectified.
3. Compliance with these rules shall be subject to control by an 
independent authority.
ARTICLE II-69 Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in 
accordance with the national laws governing the exercise of these rights.
ARTICLE II-70 Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. 
This right includes freedom to change religion or belief and freedom, 
either alone or in community with others and in public or in private, to 
manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with 
the national laws governing the exercise of this right.
ARTICLE II-71 Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall 
include freedom to hold opinions and to receive and impart information 
and ideas without interference by public authority and regardless of 
frontiers.
2. The freedom and pluralism of the media shall be respected.
ARTICLE II-72 Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to 
freedom of association at all levels, in particular in political, trade union 
and civic matters, which implies the right of everyone to form and to join 
trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political 
will of the citizens of the Union.
ARTICLE II-73 Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic 
freedom shall be respected.
ARTICLE II-74 Right to education
1. Everyone has the right to education and to have access to vocational 
and continuing training.
2. This right includes the possibility to receive free compulsory 
education.
3. The freedom to found educational establishments with due respect for 
democratic principles and the right of parents to ensure the education 
and teaching of their children in conformity with their religious, 
philosophical and pedagogical convictions shall be respected, in 
accordance with the national laws governing the exercise of such 
freedom and right.
ARTICLE II-75 Freedom to choose an occupation and right to engage in 
work
1. Everyone has the right to engage in work and to pursue a freely chosen 
or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to 
work, to exercise the right of establishment and to provide services in any 
Member State.
3. Nationals of third countries who are authorised to work in the 
territories of the Member States are entitled to working conditions 
equivalent to those of citizens of the Union.
ARTICLE II-76 Freedom to conduct a business
The freedom to conduct a business in accordance with Union law and 
national laws and practices is recognised.
ARTICLE II-77 Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her 
lawfully acquired possessions. No one may be deprived of his or her 
possessions, except in the public interest and in the cases and under the 
conditions provided for by law, subject to fair compensation being paid 
in good time for their loss. The use of property may be regulated by law 
insofar as is necessary for the general interest.
2. Intellectual property shall be protected.
ARTICLE II-78 Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of 
the Geneva Convention of 28 July 1951 and the Protocol of 31 January 
1967 relating to the status of refugees and in accordance with the 
Constitution.
ARTICLE II-79 Protection in the event of removal, expulsion or 
extradition
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there 
is a serious risk that he or she would be subjected to the death penalty, 
torture or other inhuman or degrading treatment or punishment.
TITLE III EQUALITY
ARTICLE II-80 Equality before the law Everyone is equal before the law.
ARTICLE II-81 Non-discrimination
1. Any discrimination based on any ground such as sex, race, colour, 
ethnic or social origin, genetic features, language, religion or belief, 
political or any other opinion, membership of a national minority, 
property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Constitution and without 
prejudice to any of its specific provisions, any discrimination on grounds 
of nationality shall be prohibited.
ARTICLE II-82 Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.
ARTICLE II-83 Equality between women and men Equality between 
women and men must be ensured in all areas, including employment, 
work and pay.
The principle of equality shall not prevent the maintenance or adoption 
of measures providing for specific advantages in favour of the under-
represented sex.
ARTICLE II-84 The rights of the child
1. Children shall have the right to such protection and care as is 
necessary for their well-being.
They may express their views freely. Such views shall be taken into 
consideration on matters which concern them in accordance with their 
age and maturity.
2. In all actions relating to children, whether taken by public authorities 
or private institutions, the child’s best interests must be a primary 
consideration.
3. Every child shall have the right to maintain on a regular basis a 
personal relationship and direct contact with both his or her parents, 
unless that is contrary to his or her interests.
ARTICLE II-85 The rights of the elderly
The Union recognises and respects the rights of the elderly to lead a life 
of dignity and independence and to participate in social and cultural life.
ARTICLE II-86 Integration of persons with disabilities
The Union recognises and respects the right of persons with disabilities 
to benefit from measures designed to ensure their independence, social 
and occupational integration and participation in the life of the 
community.
TITLE IV
SOLIDARITY
ARTICLE II-87 Workers’ right to information and consultation within the 
undertaking
Workers or their representatives must, at the appropriate levels, be 
guaranteed information and consultation in good time in the cases and 
under the conditions provided for by Union law and national laws and 
practices.
ARTICLE II-88 Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in 
accordance with Union law and national laws and practices, the right to 
negotiate and conclude collective agreements at the appropriate levels 
and, in cases of conflicts of interest, to take collective action to defend 
their interests, including strike action.
ARTICLE II-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 working conditions which respect his or 
her health, safety and dignity.
2. Every worker has the right to limitation of maximum working hours, 
to daily and weekly rest periods and to an annual period of paid leave.
ARTICLE II-92 Prohibition of child labour and protection of young 
people at work
The employment of children is prohibited. The minimum age of 
admission to employment may not be lower than the minimum school-
leaving age, without prejudice to such rules as may be more favourable 
to young people and except for limited derogations.
Young people admitted to work must have working conditions 
appropriate to their age and be protected against economic exploitation 
and any work likely to harm their safety, health or physical, mental, 
moral or social development or to interfere with their education.
ARTICLE II-93 Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. To reconcile family and professional life, everyone shall have the right 
to protection from dismissal for a reason connected with maternity and 
the right to paid maternity leave and to parental leave following the birth 
or adoption of a child.
ARTICLE II-94 Social security and social assistance
1. The Union recognises and respects the entitlement to social security 
benefits and social services providing protection in cases such as 
maternity, illness, industrial accidents, dependency or old age, and in the 
case of loss of employment, in accordance with the rules laid down by 
Union law and national laws and practices.
2. Everyone residing and moving legally within the European Union is 
entitled to social security benefits and social advantages in accordance 
with Union law and national laws and practices.
3. In order to combat social exclusion and poverty, the Union recognises 
and respects the right to social and housing assistance so as to ensure a 
decent existence for all those who lack sufficient resources, in accordance 
with the rules laid down by Union law and national laws and practices.
ARTICLE II-95 Health care
Everyone has the right of access to preventive health care and the right to 
benefit from medical treatment under the conditions established by 
national laws and practices. A high level of human health protection shall 
be ensured in the definition and implementation of all Union policies and 
activities.
ARTICLE II-96 Access to services of general economic interest
The Union recognises and respects access to services of general economic 
interest as provided for in national laws and practices, in accordance 
with the Constitution, in order to promote the social and territorial 
cohesion of the Union.
ARTICLE II-97 Environmental protection
A high level of environmental protection and the improvement of the 
quality of the environment must be integrated into the policies of the 
Union and ensured in accordance with the principle of sustainable 
development.
ARTICLE II-98 Consumer protection
Union policies shall ensure a high level of consumer protection.
TITLE V
CITIZENS’ RIGHTS
ARTICLE II-99 Right to vote and to stand as a candidate at elections to 
the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a 
candidate at elections to the European Parliament in the Member State in 
which he or she resides, under the same conditions as nationals of that 
State.
2. Members of the European Parliament shall be elected by direct 
universal suffrage in a free and secret ballot.
ARTICLE II-100 Right to vote and to stand as a candidate at municipal 
elections
Every citizen of the Union has the right to vote and to stand as a 
candidate at municipal elections in the Member State in which he or she 
resides under the same conditions as nationals of that State.
ARTICLE II-101 Right to good administration
1. Every person has the right to have his or her affairs handled 
impartially, fairly and within a reasonable time by the institutions, 
bodies, offices and agencies of the Union.
2. This right includes: (a) the right of every person to be heard, before any 
individual measure which would affect him or her adversely is taken; (b) 
the right of every person to have access to his or her file, while respecting 
the legitimate interests of confidentiality and of professional and business 
secrecy; (c) the obligation of the administration to give reasons for its 
decisions.
3. Every person has the right to have the Union make good any damage 
caused by its institutions or by its servants in the performance of their 
duties, in accordance with the general principles common to the laws of 
the Member States.
4. Every person may write to the institutions of the Union in one of the 
languages of the Constitution and must have an answer in the same 
language.
ARTICLE II-102 Right of access to documents
Any citizen of the Union, and any natural or legal person residing or 
having its registered office in a Member State, has a right of access to 
documents of the institutions, bodies, offices and agencies of the Union, 
whatever their medium.
ARTICLE II-103 European Ombudsman
Any citizen of the Union and any natural or legal person residing or 
having its registered office in a Member State has the right to refer to the 
European Ombudsman cases of maladministration in the activities of the 
institutions, bodies, offices or agencies of the Union, with the exception of 
the Court of Justice of the European Union acting in its judicial role.
ARTICLE II-104 Right to petition
Any citizen of the Union and any natural or legal person residing or 
having its registered office in a Member State has the right to petition the 
European Parliament.
ARTICLE II-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.
2. Freedom of movement and residence may be granted, in accordance 
with the Constitution, to nationals of third countries legally resident in 
the territory of a Member State.
ARTICLE II-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 he or she is a national is not 
represented, be entitled to protection by the diplomatic or consular 
authorities of any Member State, on the same conditions as the nationals 
of that Member State.
TITLE VI
JUSTICE
ARTICLE II-107 Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union 
are violated has the right to an effective remedy before a tribunal in 
compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time 
by an independent and impartial tribunal previously established by law. 
Everyone shall have the possibility of being advised, defended and 
represented.
Legal aid shall be made available to those who lack sufficient resources 
insofar as such aid is necessary to ensure effective access to justice.
ARTICLE II-108 Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until 
proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged 
shall be guaranteed.
ARTICLE II-109 Principles of legality and proportionality of criminal 
offences and penalties
1. No one shall be held guilty of any criminal offence on account of any 
act or omission which did not constitute a criminal offence under 
national law or international law at the time when it was committed. Nor 
shall a heavier penalty be imposed than that which was applicable at the 
time the criminal offence was committed. If, subsequent to the 
commission of a criminal offence, the law provides for a lighter penalty, 
that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person 
for any act or omission which, at the time when it was committed, was 
criminal according to the general principles recognised by the 
community of nations.
3. The severity of penalties must not be disproportionate to the criminal 
offence.
ARTICLE II-110 Right not to be tried or punished twice in criminal 
proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal 
proceedings for an offence for which he or she has already been finally 
acquitted or convicted within the Union in accordance with the law.
TITLE VII
GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND 
APPLICATION OF THE CHARTER
ARTICLE II-111 Field of application
1. The provisions of this Charter are addressed to the institutions, bodies, 
offices and agencies of the Union with due regard for the principle of 
subsidiarity and to the Member States only when they are implementing 
Union law. They shall therefore respect the rights, observe the principles 
and promote the application thereof in accordance with their respective 
powers and respecting the limits of the powers of the Union as conferred 
on it in the other Parts of the Constitution.
2. This Charter does not extend the field of application of Union law 
beyond the powers of the Union or establish any new power or task for 
the Union, or modify powers and tasks defined in the other Parts of the 
Constitution.
ARTICLE II-112 Scope and interpretation of rights and principles
1. Any limitation on the exercise of the rights and freedoms recognised 
by this Charter must be provided for by law and respect the essence of 
those rights and freedoms. Subject to the principle of proportionality, 
limitations may be made only if they are necessary and genuinely meet 
objectives of general interest recognised by the Union or the need to 
protect the rights and freedoms of others.
2. Rights recognised by this Charter for which provision is made in other 
Parts of the Constitution shall be exercised under the conditions and 
within the limits defined by these relevant Parts.
3. Insofar as this Charter contains rights which correspond to rights 
guaranteed by the Convention for the Protection of Human Rights and 
Fundamental Freedoms, the meaning and scope of those rights shall be 
the same as those laid down by the said Convention. This provision shall 
not prevent Union law providing more extensive protection.
4. Insofar as this Charter recognises fundamental rights as they result 
from the constitutional traditions common to the Member States, those 
rights shall be interpreted in harmony with those traditions.
5. The provisions of this Charter which contain principles may be 
implemented by legislative and executive acts taken by institutions, 
bodies, offices and agencies of the Union, and by acts of Member States 
when they are implementing Union law, in the exercise of their 
respective powers.
They shall be judicially cognisable only in the interpretation of such acts 
and in the ruling on their legality.
6. Full account shall be taken of national laws and practices as specified 
in this Charter.
7. The explanations drawn up as a way of providing guidance in the 
interpretation of the Charter of Fundamental Rights shall be given due 
regard by the courts of the Union and of the Member States.
ARTICLE II-113 Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely 
affecting human rights and fundamental freedoms as recognised, in their 
respective fields of application, by Union law and international law and 
by international agreements to which the Union or all the Member States 
are party, including the European Convention for the Protection of 
Human Rights and Fundamental Freedoms, and by the Member States’ 
constitutions.
ARTICLE II-114 Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to 
engage in any activity or to perform any act aimed at the destruction of 
any of the rights and freedoms recognised in this Charter or at their 
limitation to a greater extent than is provided for herein.
PART III
THE POLICIES AND FUNCTIONING OF THE UNION
TITLE I
PROVISIONS OF GENERAL APPLICATION
ARTICLE III-115
The Union shall ensure consistency between the policies and activities 
referred to in this Part, taking all of its objectives into account and in 
accordance with the principle of conferral of powers.
ARTICLE III-116
In all the activities referred to in this Part, the Union shall aim to 
eliminate inequalities, and to promote equality, between women and 
men.
ARTICLE III-117
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 adequate 
social protection, the fight against social exclusion, and a high level of 
education, training and protection of human health.
ARTICLE III-118
In defining and implementing the policies and activities referred to in 
this Part, the Union shall aim to combat discrimination based on sex, 
racial or ethnic origin, religion or belief, disability, age or sexual 
orientation.
ARTICLE III-119
Environmental protection requirements must be integrated into the 
definition and implementation of the policies and activities referred to in 
this Part, in particular with a view to promoting sustainable 
development.
ARTICLE III-120
Consumer protection requirements shall be taken into account in 
defining and implementing other Union policies and activities.
ARTICLE III-121
In formulating and implementing the Union’s agriculture, fisheries, 
transport, internal market, research and technological development and 
space policies, the Union and the Member States shall, since animals are 
sentient beings, pay full regard to the requirements of animal welfare, 
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
Without prejudice to Articles I-5, III-166, III-167 and III-238, and given the 
place occupied by services of general economic interest as services to 
which all in the Union attribute value as well as their role in promoting 
its social and territorial cohesion, the Union and the Member States, each 
within their respective competences and within the scope of application 
of the Constitution, shall take care that such services operate on the basis 
of principles and conditions, in particular economic and financial 
conditions, which enable them to fulfil their missions. European laws 
shall establish these principles and set these conditions without prejudice 
to the competence of Member States, in compliance with the 
Constitution, to provide, to commission and to fund such services.
TITLE II
NON-DISCRIMINATION AND CITIZENSHIP
ARTICLE III-123
European laws or framework laws may lay down rules to prohibit 
discrimination on grounds of nationality as referred to in Article I-4(2).
ARTICLE III-124
1. Without prejudice to the other provisions of the Constitution and 
within the limits of the powers assigned by it to the Union, a European 
law or framework law of the Council may establish the measures needed 
to combat discrimination based on sex, racial or ethnic origin, religion or 
belief, disability, age or sexual orientation. The Council shall act 
unanimously after obtaining the consent of the European Parliament.
2. By way of derogation from paragraph 1, European laws or framework 
laws may establish basic principles for Union incentive measures and 
define such measures, to support action taken by Member States in order 
to contribute to the achievement of the objectives referred to in 
paragraph 1, excluding any harmonisation of their laws and regulations.
ARTICLE III-125
1. If action by the Union should prove necessary to facilitate the exercise 
of the right, referred to in Article I-10(2)(a), of every citizen of the Union 
to move and reside freely and the Constitution has not provided the 
necessary powers, European laws or framework laws may establish 
measures for that purpose.
2. For the same purposes as those referred to in paragraph 1 and if the 
Constitution has not provided the necessary powers, a European law or 
framework law of the Council may establish measures concerning 
passports, identity cards, residence permits or any other such document 
and measures concerning social security or social protection. The Council 
shall act unanimously after consulting the European Parliament.
ARTICLE III-126
A European law or framework law of the Council shall determine the 
detailed arrangements for exercising the right, referred to in Article I-
10(2)(b), for every citizen of the Union to vote and to stand as a candidate 
in municipal elections and elections to the European Parliament in his or 
her Member State of residence without being a national of that State. The 
Council shall act unanimously after consulting the European Parliament. 
These arrangements may provide for derogations where warranted by 
problems specific to a Member State.
The right to vote and to stand as a candidate in elections to the European 
Parliament shall be exercised without prejudice to Article III-330(1) and 
the measures adopted for its implementation.
ARTICLE III-127
Member States shall adopt the necessary provisions to secure diplomatic 
and consular protection of citizens of the Union in third countries, as 
referred to in Article I-10(2)(c).
Member States shall commence the international negotiations required to 
secure this protection.
A European law of the Council may establish the measures necessary to 
facilitate such protection.
The Council shall act after consulting the European Parliament.
ARTICLE III-128
The languages in which every citizen of the Union has the right to 
address the institutions or bodies under Article I-10(2)(d), and to have an 
answer, are those listed in Article IV-448(1).
The institutions and bodies referred to in Article I-10(2)(d) are those 
listed in Articles I-19(1), second subparagraph, I-30, I-31 and I-32 and also 
the European Ombudsman.
ARTICLE III-129
The Commission shall report to the European Parliament, to the Council 
and to the Economic and Social Committee every three years on the 
application of Article I-10 and of this Title. This report shall take account 
of the development of the Union.
On the basis of this report, and without prejudice to the other provisions 
of the Constitution, a European law or framework law of the Council 
may add to the rights laid down in Article I-10. The Council shall act 
unanimously after obtaining the consent of the European Parliament. The 
law or framework law concerned shall not enter into force until it is 
approved by the Member States in accordance with their respective 
constitutional requirements.
TITLE III
INTERNAL POLICIES AND ACTION
CHAPTER I
INTERNAL MARKET
SECTION 1
ESTABLISHMENT AND FUNCTIONING OF THE INTERNAL 
MARKET
ARTICLE III-130
1. The Union shall adopt measures with the aim of establishing or 
ensuring the functioning of the internal market, in accordance with the 
relevant provisions of the Constitution.
2. The internal market shall comprise an area without internal frontiers in 
which the free movement of persons, services, goods and capital is 
ensured in accordance with the Constitution.
3. The Council, on a proposal from the Commission, shall adopt 
European regulations and decisions determining the guidelines and 
conditions necessary to ensure balanced progress in all the sectors 
concerned.
4. When drawing up its proposals for achieving the objectives set out in 
paragraphs 1 and 2, the Commission shall take into account the extent of 
the effort that certain economies showing differences in development will 
have to sustain for the establishment of the internal market and it may 
propose appropriate measures.
If these measures take the form of derogations, they must be of a 
temporary nature and must cause the least possible disturbance to the 
functioning of the internal market.
ARTICLE III-131
Member States shall consult each other with a view to taking together the 
steps needed to prevent the functioning of the internal market being 
affected by measures which a Member State may be called upon to take 
in the event of serious internal disturbances affecting the maintenance of 
law and order, in the event of war, serious international tension 
constituting a threat of war, or in order to carry out obligations it has 
accepted for the purpose of maintaining peace and international security.
ARTICLE III-132
If measures taken in the circumstances referred to in Articles III-131 and 
III-436 have the effect of distorting the conditions of competition in the 
internal market, the Commission shall, together with the Member State 
concerned, examine how these measures can be adjusted to the rules laid 
down in the Constitution.
By way of derogation from the procedure laid down in Articles III-360 
and III-361, the Commission or any Member State may bring the matter 
directly before the Court of Justice if the Commission or Member State 
considers that another Member State is making improper use of the 
powers provided for in Articles III-131 and III-436. The Court of Justice 
shall give its ruling in camera.
SECTION 2
FREE MOVEMENT OF PERSONS AND SERVICES
Subsection 1 Workers
ARTICLE III-133
1. Workers shall have the right to move freely within the Union.
2. Any discrimination based on nationality between workers of the 
Member States as regards employment, remuneration and other 
conditions of work and employment shall be prohibited.
3. Workers shall have the right, subject to limitations justified on grounds 
of public policy, public security or public health: (a) to accept offers of 
employment actually made; (b) to move freely within the territory of 
Member States for this purpose; (c) to stay in a Member State for the 
purpose of employment in accordance with the provisions governing the 
employment of nationals of that State laid down by law, regulation or 
administrative action; (d) to remain in the territory of a Member State 
after having been employed in that State, subject to conditions which 
shall be embodied in European regulations adopted by the Commission.
4. This Article shall not apply to employment in the public service.
ARTICLE III-134
European laws or framework laws shall establish the measures needed to 
bring about freedom of movement for workers, as defined in Article III-
133. They shall be adopted after consultation of the Economic and Social 
Committee.
Such European laws or framework laws shall aim, in particular, to: (a) 
ensure close cooperation between national employment services; (b) 
abolish those administrative procedures and practices and those 
qualifying periods in respect of eligibility for available employment, 
whether resulting from national legislation or from agreements 
previously concluded between Member States, the maintenance of which 
would form an obstacle to liberalisation of the movement of workers; (c) 
abolish all such qualifying periods and other restrictions provided for 
either under national legislation or under agreements previously 
concluded between Member States as impose on workers of other 
Member States conditions regarding the free choice of employment other 
than those imposed on workers of the State concerned; (d) set up 
appropriate machinery to bring offers of employment into touch with 
applications for employment and to facilitate the achievement of a 
balance between supply and demand in the employment market in such 
a way as to avoid serious threats to the standard of living and level of 
employment in the various regions and industries.
ARTICLE III-135
Member States shall, within the framework of a joint programme, 
encourage the exchange of young workers.
ARTICLE III-136
1. In the field of social security, European laws or framework laws shall 
establish such measures as are necessary to bring about freedom of 
movement for workers by making arrangements to secure for employed 
and self-employed migrant workers and their dependants: (a) 
aggregation, for the purpose of acquiring and retaining the right to 
benefit and of calculating the amount of benefit, of all periods taken into 
account under the laws of the different countries; (b) payment of benefits 
to persons resident in the territories of Member States.
2. Where a member of the Council considers that a draft European law or 
framework law referred to in paragraph 1 would affect fundamental 
aspects of its social security system, including its scope, cost or financial 
structure, or would affect the financial balance of that system, it may 
request that the matter be referred to the European Council. In that case, 
the procedure referred to in Article III-396 shall be suspended. After 
discussion, the European Council shall, within four months of this 
suspension, either: (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 to have been adopted.
Subsection 2 Freedom of establishment
ARTICLE III-137
Within the framework of this Subsection, restrictions on the freedom of 
establishment of nationals of a Member State in the territory of another 
Member State shall be prohibited. Such prohibition shall also apply to 
restrictions on the setting-up of agencies, branches or subsidiaries by 
nationals of any Member State established in the territory of any Member 
State.
Nationals of a Member State shall have the right, in the territory of 
another Member State, to take up and pursue activities as self-employed 
persons and to set up and manage undertakings, in particular companies 
or firms within the meaning of the second paragraph of Article III-142, 
under the conditions laid down for its own nationals by the law of the 
Member State where such establishment is effected, subject to Section 4 
relating to capital and payments.
ARTICLE III-138
1. European framework laws shall establish measures to attain freedom 
of establishment as regards a particular activity. They shall be adopted 
after consultation of the Economic and Social Committee.
2. The European Parliament, the Council and the Commission shall carry 
out the duties devolving upon them under paragraph 1, in particular: (a) 
by according, as a general rule, priority treatment to activities where 
freedom of establishment makes a particularly valuable contribution to 
the development of production and trade; (b) by ensuring close 
cooperation between the competent authorities in the Member States in 
order to ascertain the particular situation within the Union of the various 
activities concerned; (c) by abolishing those administrative procedures 
and practices, whether resulting from national legislation or from 
agreements previously concluded between Member States, the 
maintenance of which would form an obstacle to freedom of 
establishment; (d) by ensuring that workers from one Member State 
employed in the territory of another Member State may remain in that 
territory for the purpose of taking up activities therein as self-employed 
persons, where they satisfy the conditions which they would be required 
to satisfy if they were entering that State at the time when they intended 
to take up such activities; (e) by enabling a national of one Member State 
to acquire and use land and buildings situated in the territory of another 
Member State, insofar as this does not conflict with the principles laid 
down in Article III-227(2); (f) by effecting the progressive abolition of 
restrictions on freedom of establishment in every branch of activity under 
consideration, both as regards the conditions for setting up agencies, 
branches or subsidiaries in the territory of a Member State and as regards 
the conditions governing the entry of personnel belonging to the main 
establishment into managerial or supervisory posts in such agencies, 
branches or subsidiaries; (g) by coordinating to the necessary extent the 
safeguards which, for the protection of the interests of members and 
others, are required by Member States of companies or firms within the 
meaning of the second paragraph of Article III-142 with a view to making 
such safeguards equivalent throughout the Union; (h) by satisfying 
themselves that the conditions of establishment are not distorted by aids 
granted by Member States.
ARTICLE III-139
This Subsection shall not apply, so far as any given Member State is 
concerned, to activities which in that State are connected, even 
occasionally, with the exercise of official authority.
European laws or framework laws may exclude certain activities from 
application of this Subsection.
ARTICLE III-140
1. This Subsection and measures adopted in pursuance thereof shall not 
prejudice the applicability of provisions laid down by law, regulation or 
administrative action in Member States providing for special treatment 
for foreign nationals on grounds of public policy, public security or 
public health.
2. European framework laws shall coordinate the national provisions 
referred to in paragraph 1.
ARTICLE III-141
1. European framework laws shall make it easier for persons to take up 
and pursue activities as self-employed persons. They shall cover: (a) the 
mutual recognition of diplomas, certificates and other evidence of formal 
qualifications; (b) the coordination of the provisions laid down by law, 
regulation or administrative action in Member States concerning the 
taking-up and pursuit of activities as self-employed persons.
2. In the case of the medical and allied and pharmaceutical professions, 
the progressive abolition of restrictions shall be dependent upon 
coordination of the conditions for the exercise of such professions in the 
various Member States.
ARTICLE III-142
Companies or firms formed in accordance with the law of a Member 
State and having their registered office, central administration or 
principal place of business within the Union shall, for the purposes of 
this Subsection, be treated in the same way as natural persons who are 
nationals of Member States.
“Companies or firms” means companies or firms constituted under civil 
or commercial law, including cooperative societies, and other legal 
persons governed by public or private law, save for those which are non-
profit-making.
ARTICLE III-143
Member States shall accord nationals of the other Member States the 
same treatment as their own nationals as regards participation in the 
capital of companies or firms within the meaning of the second 
paragraph of Article III-142, without prejudice to the application of the 
other provisions of the Constitution.
Subsection 3 Freedom to provide services
ARTICLE III-144
Within the framework of this Subsection, restrictions on freedom to 
provide services within the Union shall be prohibited in respect of 
nationals of Member States who are established in a Member State other 
than that of the person for whom the services are intended.
European laws or framework laws may extend this Subsection to service 
providers who are nationals of a third State and who are established 
within the Union.
ARTICLE III-145
Services shall be considered to be “services” for the purposes of the 
Constitution where they are normally provided for remuneration, insofar 
as they are not governed by the provisions relating to freedom of 
movement for persons, goods and capital.
“Services” shall in particular include: (a) activities of an industrial 
character; (b) activities of a commercial character; (c) activities of 
craftsmen; (d) activities of the professions.
Without prejudice to Subsection 2 relating to freedom of establishment, 
the person providing a service may, in order to do so, temporarily pursue 
his or her activity in the Member State where the service is provided, 
under the same conditions as are imposed by that State on its own 
nationals.
ARTICLE III-146
1. Freedom to provide services in the field of transport shall be governed 
by Section 7 of Chapter III relating to transport.
2. The liberalisation of banking and insurance services connected with 
movements of capital shall be effected in step with the liberalisation of 
movement of capital.
ARTICLE III-147
1. European framework laws shall establish measures to achieve the 
liberalisation of a specific service. They shall be adopted after 
consultation of the Economic and Social Committee.
2. European framework laws referred to in paragraph 1 shall as a general 
rule give priority to those services which directly affect production costs 
or the liberalisation of which helps to promote trade in goods.
ARTICLE III-148
The Member States shall endeavour to undertake liberalisation of 
services beyond the extent required by the European framework laws 
adopted pursuant to Article III-147(1), if their general economic situation 
and the situation of the economic sector concerned so permit.
To this end, the Commission shall make recommendations to the 
Member States concerned.
ARTICLE III-149
As long as restrictions on freedom to provide services have not been 
abolished, the Member States shall apply such restrictions without 
distinction on grounds of nationality or of residence to all persons 
providing services within the meaning of the first paragraph of Article 
III-144.
ARTICLE III-150
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
1. The Union shall comprise a customs union which shall cover all trade 
in goods and which shall involve the prohibition between Member States 
of customs duties on imports and exports and of all charges having 
equivalent effect, and the adoption of a common customs tariff in their 
relations with third countries.
2. Paragraph 4 and Subsection 3 on the prohibition of quantitative 
restrictions shall apply to products originating in Member States and to 
products coming from third countries which are in free circulation in 
Member States.
3. Products coming from a third country shall be considered to be in free 
circulation in a Member State if the import formalities have been 
complied with and any customs duties or charges having equivalent 
effect which are payable have been levied in that Member State, and if 
they have not benefited from a total or partial drawback of such duties or 
charges.
4. Customs duties on imports and exports and charges having equivalent 
effect shall be prohibited between Member States. This prohibition shall 
also apply to customs duties of a fiscal nature.
5. The Council, on a proposal from the Commission, shall adopt the 
European regulations and decisions fixing Common Customs Tariff 
duties.
6. In carrying out the tasks entrusted to it under this Article the 
Commission shall be guided by: (a) the need to promote trade between 
Member States and third countries; (b) developments in conditions of 
competition within the Union insofar as they lead to an improvement in 
the competitive capacity of undertakings; (c) the requirements of the 
Union as regards the supply of raw materials and semi-finished goods; in 
this connection the Commission shall take care to avoid distorting 
conditions of competition between Member States in respect of finished 
goods; (d) the need to avoid serious disturbances in the economies of 
Member States and to ensure rational development of production and an 
expansion of consumption within the Union.
Subsection 2 Customs cooperation
ARTICLE III-152
Within the scope of application of the Constitution, European laws or 
framework laws shall establish measures in order to strengthen customs 
cooperation between Member States and between them and the 
Commission.
Subsection 3 Prohibition of quantitative restrictions
ARTICLE III-153
Quantitative restrictions on imports and exports and all measures having 
equivalent effect shall be prohibited between Member States.
ARTICLE III-154
Article III-153 shall not preclude prohibitions or restrictions on imports, 
exports or goods in transit justified on grounds of public morality, public 
policy or public security; the protection of health and life of humans, 
animals or plants; the protection of national treasures possessing artistic, 
historic or archaeological value; or the protection of industrial and 
commercial property. Such prohibitions or restrictions shall not, 
however, constitute a means of arbitrary discrimination or a disguised 
restriction on trade between Member States.
ARTICLE III-155
1. Member States shall adjust any State monopolies of a commercial 
character so as to ensure that no discrimination regarding the conditions 
under which goods are procured and marketed exists between nationals 
of Member States.
This Article shall apply to any body through which a Member State, in 
law or in fact, either directly or indirectly supervises, determines or 
appreciably influences imports or exports between Member States. It 
shall likewise apply to monopolies delegated by the State to others.
2. Member States shall refrain from introducing any new measure which 
is contrary to the principles laid down in paragraph 1 or which restricts 
the scope of the Articles dealing with the prohibition of customs duties 
and quantitative restrictions between Member States.
3. If a State monopoly of a commercial character has rules which are 
designed to make it easier to dispose of agricultural products or obtain 
for them the best return, steps should be taken in applying this Article to 
ensure equivalent safeguards for the employment and standard of living 
of the producers concerned.
SECTION 4
CAPITAL AND PAYMENTS
ARTICLE III-156
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 shall be prohibited.
ARTICLE III-157
1. Article III-156 shall be without prejudice to the application to third 
countries of any restrictions which existed on 31 December 1993 under 
national or Union law adopted in respect of the movement of capital to or 
from third countries involving direct investment – including investment 
in real estate, establishment, the provision of financial services or the 
admission of securities to capital markets. With regard to restrictions 
which exist under national law in Estonia and Hungary, the date in 
question shall be 31 December 1999.
2. European laws or framework laws shall enact measures on the 
movement of capital to or from third countries involving direct 
investment – including investment in real estate, establishment, the 
provision of financial services or the admission of securities to capital 
markets.
The European Parliament and the Council shall endeavour to achieve the 
objective of free movement of capital between Member States and third 
countries to the greatest extent possible and without prejudice to other 
provisions of the Constitution.
3. Notwithstanding paragraph 2, only a European law or framework law 
of the Council may enact measures which constitute a step backwards in 
Union law as regards the liberalisation of the movement of capital to or 
from third countries. The Council shall act unanimously after consulting 
the European Parliament.
ARTICLE III-158
1. Article III-156 shall be without prejudice to the right of Member States: 
(a) to apply the relevant provisions of their tax law which distinguish 
between taxpayers who are not in the same situation with regard to their 
place of residence or with regard to the place where their capital is 
invested; (b) to take all requisite measures to prevent infringements of 
national provisions laid down by law or regulation, in particular in the 
field of taxation and the prudential supervision of financial institutions, 
or to lay down procedures for the declaration of capital movements for 
purposes of administrative or statistical information, or to take measures 
which are justified on grounds of public policy or public security.
2. This Section shall be without prejudice to the applicability of 
restrictions on the right of establishment which are compatible with the 
Constitution.
3. The measures and procedures referred to in paragraphs 1 and 2 shall 
not constitute a means of arbitrary discrimination or a disguised 
restriction on the free movement of capital and payments as defined in 
Article III-156.
4. In the absence of a European law or framework law provided for in 
Article III-157(3), the Commission or, in the absence of a European 
decision of the Commission within three months from the request of the 
Member State concerned, the Council, may adopt a European decision 
stating that restrictive tax measures adopted by a Member State 
concerning one or more third countries are to be considered compatible 
with the Constitution insofar as they are justified by one of the objectives 
of the Union and compatible with the proper functioning of the internal 
market. The Council shall act unanimously on application by a Member 
State.
ARTICLE III-159
Where, in exceptional circumstances, movements of capital to or from 
third countries cause, or threaten to cause, serious difficulties for the 
functioning of economic and monetary union, the Council, on a proposal 
from the Commission, may adopt European regulations or decisions 
introducing safeguard measures with regard to third countries for a 
period not exceeding six months if such measures are strictly necessary. 
It shall act after consulting the European Central Bank.
ARTICLE III-160
Where necessary to achieve the objectives set out in Article III-257, as 
regards preventing and combating terrorism and related activities, 
European laws shall define a framework for administrative measures 
with regard to capital movements and payments, such as the freezing of 
funds, financial assets or economic gains belonging to, or owned or held 
by, natural or legal persons, groups or non-State entities.
The Council, on a proposal from the Commission, shall adopt European 
regulations or European decisions in order 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
1. The following shall be prohibited as incompatible with the internal 
market: all agreements between undertakings, decisions by associations 
of undertakings and concerted practices which may affect trade between 
Member States and which have as their object or effect the prevention, 
restriction or distortion of competition within the internal market, and in 
particular those which: (a) directly or indirectly fix purchase or selling 
prices or any other trading conditions; (b) limit or control production, 
markets, technical development, or investment; (c) share markets or 
sources of supply; (d) apply dissimilar conditions to equivalent 
transactions with other trading parties, thereby placing them at a 
competitive disadvantage; (e) make the conclusion of contracts subject to 
acceptance by the other parties of supplementary obligations which, by 
their nature or according to commercial usage, have no connection with 
the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall 
be automatically void.
3. Paragraph 1 may, however, be declared inapplicable in the case of: – 
any agreement or category of agreements between undertakings, – any 
decision or category of decisions by associations of undertakings, – any 
concerted practice or category of concerted practices, which contributes 
to improving the production or distribution of goods or to promoting 
technical or economic progress, while allowing consumers a fair share of 
the resulting benefit, and which does not: (a) impose on the undertakings 
concerned restrictions which are not indispensable to the attainment of 
these objectives; (b) afford such undertakings the possibility of 
eliminating competition in respect of a substantial part of the products in 
question.
ARTICLE III-162
Any abuse by one or more undertakings of a dominant position within 
the internal market or in a substantial part of it shall be prohibited as 
incompatible with the internal market insofar as it may affect trade 
between Member States.
Such abuse may, in particular, consist in: (a) directly or indirectly 
imposing unfair purchase or selling prices or other unfair trading 
conditions; (b) limiting production, markets or technical development to 
the prejudice of consumers; (c) applying dissimilar conditions to 
equivalent transactions with other trading parties, thereby placing them 
at a competitive disadvantage; (d) making the conclusion of contracts 
subject to acceptance by the other parties of supplementary obligations 
which, by their nature or according to commercial usage, have no 
connection with the subject of such contracts.
ARTICLE III-163
The Council, on a proposal from the Commission, shall adopt the 
European regulations to give effect to the principles set out in Articles III-
161 and III-162. It shall act after consulting the European Parliament.
Such regulations shall be designed in particular: (a) to ensure compliance 
with the prohibitions laid down in Article III-161(1) and in Article III-162 
by making provision for fines and periodic penalty payments; (b) to lay 
down detailed rules for the application of Article III-161(3), taking into 
account the need to ensure effective supervision on the one hand, and to 
simplify administration to the greatest possible extent on the other; (c) to 
define, if need be, in the various branches of the economy, the scope of 
Articles III-161 and III-162; (d) to define the respective functions of the 
Commission and of the Court of Justice of the European Union in 
applying the provisions laid down in this paragraph; (e) to determine the 
relationship between Member States’ laws and this Subsection as well as 
the European regulations adopted pursuant to this Article.
ARTICLE III-164
Until the entry into force of the European regulations adopted pursuant 
to Article III-163, the authorities in Member States shall rule on the 
admissibility of agreements, decisions and concerted practices and on 
abuse of a dominant position in the internal market in accordance with 
their national law and Article III-161, in particular paragraph 3, and 
Article III-162.
ARTICLE III-165
1. Without prejudice to Article III-164, the Commission shall ensure the 
application of the principles set out in Articles III-161 and III-162. On 
application by a Member State or on its own initiative, and in cooperation 
with the competent authorities in the Member States, which shall give it 
their assistance, the Commission shall investigate cases of suspected 
infringement of these principles. If it finds that there has been an 
infringement, it shall propose appropriate measures to bring it to an end.
2. If the infringement referred to in paragraph 1is not brought to an end, 
the Commission shall adopt a reasoned European decision recording the 
infringement of the principles. The Commission may publish its decision 
and authorise Member States to take the measures, the conditions