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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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fact
[
Global Index
]
ARTICLE-III-155
[
go to this ARTICLE
]
... 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. ...
ARTICLE-III-166
[
go to this ARTICLE
]
... undertakings
entrusted
with the
operation
of
services
of
general
economic interest
or having the
character
of an
income
-producing
monopoly
shall be
subject
to the
provisions
of the
Constitution
, in particular to the
rules
on
competition
, insofar as the
application
of such
provisions
does not
obstruct
the
performance
, in
law
or in
fact
, of the particular tasks assigned to them. The
development
of
trade
must not be
affected
to such an
extent
as would be
contrary
to the
Union
's
interests
. ...
ARTICLE-III-168
[
go to this ARTICLE
]
... On
application
by a
Member State
, the
Council
may
adopt
unanimously
a
European decision
that
aid
which that
State
is granting or intends to
grant
shall be considered to be
compatible
with the
internal market
, in
derogation
from
Article
III-167
or from
European regulations
provided for in
Article
III-169
, if such a
decision
is justified by
exceptional
circumstances
. If, as
regards
the
aid
in
question
, the
Commission
has already initiated the
procedure
provided for in the first subparagraph of this paragraph, the
fact
that the
Member State
concerned
has made its
application
to the
Council
shall have the
effect
of
suspending
that
procedure
until the
Council
has made its attitude known. ...
ARTICLE-III-172
[
go to this ARTICLE
]
... The
Commission
, in its
proposals
submitted under paragraph 1
concerning
health
,
safety
,
environmental protection
and
consumer protection
, shall take as a
base
a high level of
protection
, taking
account
in particular of any new
development
based on
scientific
facts
. Within their respective
powers
, the
European Parliament
and the
Council
shall also
seek
to
achieve
this
objective
. ...
ARTICLE-III-227
[
go to this ARTICLE
]
... the
fact
that in the
Member States
agriculture
constitutes a
sector
closely linked with the
economy
as a whole. ...
ARTICLE-III-288
[
go to this ARTICLE
]
... The
introduction
of or any
change
in
customs duties
imposed on
goods
imported into the
countries
and
territories
shall not, either in
law
or in
fact
, give rise to any direct or
indirect
discrimination
between
imports
from the various
Member States
. ...
ARTICLE-III-333
[
go to this ARTICLE
]
... In the course of its
duties
, the
European Parliament
may, at the
request
of a quarter of its
component
Members
, set up a
temporary
Committee
of
Inquiry
to
investigate
, without
prejudice
to the
powers
conferred by the
Constitution
on other
institutions
or
bodies
, alleged contraventions or
maladministration
in the
implementation
of
Union
law
, except where the alleged
facts
are being examined before a
court
and while the
case
is still
subject
to
legal
proceedings
. ...
ARTICLE-III-335
[
go to this ARTICLE
]
... In
accordance
with his or her
duties
, the
Ombudsman
shall
conduct
inquiries for which he or she
finds
grounds, either on his or her own
initiative
or on the basis of
complaints
submitted to him or her direct or through a
member
of the
European Parliament
, except where the alleged
facts
are or have been the
subject
of
legal
proceedings
. Where the
Ombudsman
establishes an instance of
maladministration
, he or she shall refer the matter to the
institution
,
body
,
office
or
agency
concerned
, which shall have a
period
of three
months
in which to inform him or her of its
views
. The
European Ombudsman
shall then forward a
report
to the
European Parliament
and the
institution
,
body
,
office
or
agency
concerned
. The
person
lodging the
complaint
shall be informed of the outcome of such inquiries. ...
ARTICLE-III-359
[
go to this ARTICLE
]
...
Decisions
given by specialised
courts
may be
subject
to a
right
of
appeal
on points of
law
only or, when provided for in the
European law
establishing
the specialised
court
, a
right
of
appeal
also on matters of
fact
, before the
General Court
. ...
ARTICLE-III-435
[
go to this ARTICLE
]
... In applying the
agreements
referred to in the first paragraph,
Member States
shall take into
account
the
fact
that the
advantages
accorded under the
Constitution
by each
Member State
form an integral part of the
Union
and are thereby inseparably linked with the
creation
of
institutions
on which
powers
have been conferred by the
Constitution
and the granting of
identical
advantages
by all the other
Member States
. ...
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