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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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find
[
Global Index
]
ARTICLE-III-165
[
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]
... 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. ...
ARTICLE-III-168
[
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]
... If, after giving
notice
to the
parties
concerned
to submit their comments, the
Commission
finds
that
aid
granted
by a
Member State
or through
State
resources
is not
compatible
with the
internal market
having
regard
to
Article
III-167
, or that such
aid
is being misused, it shall
adopt
a
European decision
requiring the
Member State
concerned
to abolish or alter such
aid
within a
period
of
time
to be
determined
by the
Commission
. ...
ARTICLE-III-174
[
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]
... Where the
Commission
finds
that a
difference
between the
provisions
laid down by
law
,
regulation
or
administrative
action
in
Member States
is distor ting the
conditions
of
competition
in the
internal market
and that the resultant
distortion
needs to be eliminated, it shall consult the
Member States
concerned
. ...
ARTICLE-III-335
[
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]
... 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-362
[
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]
... If the
Court of Justice
of the
European Union
finds
that a
Member State
has failed to fulfil an
obligation
under the
Constitution
, that
State
shall be required to take the necessary
measures
to comply with the
judgment
of the
Court
. ...
... If the
Court
finds
that the
Member State
concerned
has not complied with its
judgment
it may impose a lump sum or
penalty payment
on it. ...
... If the
Court
finds
that there is an
infringement
it may impose a lump sum or
penalty payment
on the
Member State
concerned
not exceeding the
amount
specified by the
Commission
. The
payment
obligation
shall take
effect
on the
date
set by the
Court
in its
judgment
. ...
ARTICLE-III-373
[
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]
... the fulfilment by
national central banks
of
obligations
under the
Constitution
and the
Statute
of the
European System of Central Banks
and of the
European Central Bank
. In this
connection
, the
powers
of the
Governing
Council
of the
European Central Bank
in
respect
of
national central banks
shall be the same as those conferred upon the
Commission
in
respect
of
Member States
by
Article
III-360
. If the
Court of Justice
of the
European Union
finds
that a
national central bank
has failed to fulfil an
obligation
under the
Constitution
, that
bank
shall be required to take the necessary
measures
to comply with the
judgment
of the
Court
. ...
ARTICLE-III-385
[
go to this ARTICLE
]
... A
member
of the
Court of Auditors
may be
deprived
of his or her
office
or of his or her
right
to a pension or other
benefits
in its stead only if the
Court of Justice
, at the
request
of the
Court of Auditors
,
finds
that he or she no longer fulfils the requisite
conditions
or
meets
the
obligations
arising from his or her
office
. ...
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