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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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function
[
Global Index
]
ARTICLE-I-13
: Areas of exclusive competence [
go to this ARTICLE
]
... the
establishing
of the
competition
rules
necessary for the
functioning
of the
internal market
; ...
ARTICLE-I-46
: The principle of representative democracy [
go to this ARTICLE
]
... The
functioning
of the
Union
shall be founded on
representative democracy
. ...
ARTICLE-III-130
[
go to this ARTICLE
]
... 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
. ...
... 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 effor t 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
[
go to this ARTICLE
]
...
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-158
[
go to this ARTICLE
]
... 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
[
go to this ARTICLE
]
... 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-168
[
go to this ARTICLE
]
... The
Commission
, in
cooperation
with
Member States
, shall keep under constant
review
all
systems
of
aid
existing
in those
States
. It shall
propose
to the latter any appropriate
measures
required by the progressive
development
or by the
functioning
of the
internal market
. ...
ARTICLE-III-171
[
go to this ARTICLE
]
... A
European law
or
framework law
of the
Council
shall
establish
measures
for the
harmonisation
of
legislation
concerning
turnover taxes, excise
duties
and other forms of
indirect
taxation
provided that such
harmonisation
is necessary to ensure the
establishment
and the
functioning
of the
internal market
and to
avoid
distortion
of
competition
. The
Council
shall
act
unanimously
after consulting the
European Parliament
and the
Economic and Social Committee
. ...
ARTICLE-III-172
[
go to this ARTICLE
]
... Save where otherwise provided in the
Constitution
, this
Article
shall apply for the
achievement
of the
objectives
set out in
Article
III-130
.
European laws
or
framework laws
shall
establish
measures
for the approximation of the
provisions
laid down by
law
,
regulation
or
administrative
action
in
Member States
which have as their
object
the
establishment
and
functioning
of the
internal market
. ...
... The
Commission
shall, within six
months
of the
notifications
referred to in paragraphs 4 and 5,
adopt
a
European decision
approving or rejecting the
national
provisions
involved after having
verified
whether or not they are a means of
arbitrary
discrimination
or a disguised
restriction
on
trade
between
Member States
and whether or not they
constitute
an obstacle to the
functioning
of the
internal market
. ...
ARTICLE-III-173
[
go to this ARTICLE
]
... Without
prejudice
to
Article
III-172
, a
European
framework law
of the
Council
shall
establish
measures
for the approximation of such
laws
,
regulations
or
administrative
provisions
of the
Member States
as directly
affect
the
establishment
or
functioning
of the
internal market
. The
Council
shall
act
unanimously
after consulting the
European Parliament
and the
Economic and Social Committee
. ...
ARTICLE-III-176
[
go to this ARTICLE
]
... In the
context
of the
establishment
and
functioning
of the
internal market
,
European laws
or
framework laws
shall
establish
measures
for the
creation
of
European
intellectual property rights
to provide
uniform
intellectual property rights
protection
throughout the
Union
and for the setting up of centralised Unionwide authorisation,
coordination
and
supervision
arrangements
. ...
ARTICLE-III-179
[
go to this ARTICLE
]
... Where it is
established
, under the
procedure
referred to in paragraph 3, that the
economic policies
of a
Member State
are not consistent with the broad
guidelines
referred to in paragraph 2 or that they
risk
jeopardising the proper
functioning
of
economic
and
monetary union
, the
Commission
may
address
a
warning
to the
Member State
concerned
. The
Council
, on a
recommendation
from the
Commission
, may
address
the necessary
recommendations
to the
Member State
concerned
. The
Council
, on a
proposal
from the
Commission
, may
decide
to make its
recommendations
public
. ...
ARTICLE-III-192
[
go to this ARTICLE
]
... In
order
to
promote
coordination
of the
policies
of
Member States
to the
full
extent
needed for the
functioning
of the
internal market
, an
Economic
and
Financial
Committee
is hereby set up. ...
ARTICLE-III-194
[
go to this ARTICLE
]
... In
order
to ensure the proper
functioning
of
economic
and
monetary union
, and in
accordance
with the
relevant
provisions
of the
Constitution
, the
Council
shall, in
accordance
with the
relevant
procedure
from among those referred to in
Articles
III-179
and
III-184
, with the
exception
of the
procedure
set out in
Article
III-184
(13),
adopt
measures
specific
to those
Member States
whose
currency
is the
euro
: ...
ARTICLE-III-199
[
go to this ARTICLE
]
...
monitor
the
functioning
of the
exchange-rate
mechanism
; ...
ARTICLE-III-201
[
go to this ARTICLE
]
... Where a
Member State
with a
derogation
is in difficulties or is seriously threatened with difficulties as
regards
its
balance of payments
either as a result of an overall
disequilibrium
in its
balance of payments
, or as a result of the type of
currency
at its
disposal
, and where such difficulties are
liable
in particular to jeopardise the
functioning
of the
internal market
or the
implementation
of the
common commercial policy
, the
Commission
shall immediately
investigate
the
position
of the
State
in
question
and the
action
which, making use of all the means at its
disposal
, that
State
has taken or may take in
accordance
with the
Constitution
. The
Commission
shall
state
what
measures
it recommends the
Member State
concerned
to
adopt
. If the
action
taken by a
Member State
with a
derogation
and the
measures
suggested by the
Commission
do not prove sufficient to overcome the difficulties which have arisen or which
threaten
, the
Commission
shall, after consulting the
Economic
and
Financial
Committee
, recommend to the
Council
the granting of
mutual assistance
and appropriate
methods
. ...
ARTICLE-III-202
[
go to this ARTICLE
]
... Where a
sudden crisis
in the
balance of payments
occurs and a
European decision
as referred to in
Article
III-201
(2) is not immediately
adopted
, a
Member State
with a
derogation
may, as a
precaution
, take the necessary
protective measures
. Such
measures
must cause the least possible
disturbance
in the
functioning
of the
internal market
and must not be wider in
scope
than is strictly necessary to
remedy
the
sudden
difficulties which have arisen. ...
ARTICLE-III-209
[
go to this ARTICLE
]
... They believe that such a
development
will ensue not only from the
functioning
of the
internal market
, which will favour the
harmonisation
of
social systems
, but also from the
procedures
provided for in the
Constitution
and from the approximation of
provisions
laid down by
law
,
regulation
or
administrative
action
of the
Member States
. ...
ARTICLE-III-226
[
go to this ARTICLE
]
... Save as otherwise provided in
Articles
III-227
to
III-232
, the
rules
laid down for the
establishment
and
functioning
of the
internal market
shall apply to
agricultural
products
. ...
ARTICLE-III-235
[
go to this ARTICLE
]
...
measures
adopted
pursuant to
Article
III-172
in the
context
of the
establishment
and
functioning
of the
internal market
; ...
ARTICLE-III-256
[
go to this ARTICLE
]
... In the
context
of the
establishment
and
functioning
of the
internal market
and with
regard
for the need to preserve and
improve
the
environment
,
Union policy
on
energy
shall aim to: ...
... ensure the
functioning
of the
energy
market
; ...
ARTICLE-III-269
[
go to this ARTICLE
]
... For the
purposes
of paragraph 1,
European laws
or
framework laws
shall
establish
measures
, particularly when necessary for the proper
functioning
of the
internal market
, aimed at ensuring: ...
... the
elimination
of obstacles to the proper
functioning
of
civil
proceedings
, if necessary by
promoting
the
compatibility
of the
rules
on
civil
procedure
applicable in the
Member States
; ...
ARTICLE-III-282
[
go to this ARTICLE
]
... The
Union
shall
contribute
to the
promotion
of
European
sporting
issues, while taking
account
of the
specific
nature
of
sport
, its
structures
based on
voluntary
activity
and its
social
and
educational
function
. ...
ARTICLE-III-285
[
go to this ARTICLE
]
... Effective
implementation
of
Union
law
by the
Member States
, which is essential for the proper
functioning
of the
Union
, shall be regarded as a matter of
common interest
. ...
ARTICLE-III-296
[
go to this ARTICLE
]
... In fulfilling his or her
mandate
, the
Union Minister for Foreign Affairs
shall be assisted by a
European
External
Action
service
. This
service
shall
work
in
cooperation
with the
diplomatic
services
of the
Member States
and shall comprise
officials
from
relevant
departments
of the
General
Secretariat
of the
Council
and of the
Commission
as well as
staff
seconded from
national
diplomatic
services
of the
Member States
. The
organisation
and
functioning
of the
European
External
Action
service
shall be
established
by a
European decision
of the
Council
. The
Council
shall
act
on a
proposal
from the
Union Minister for Foreign Affairs
after consulting the
European Parliament
and after obtaining the
consent
of the
Commission
. ...
ARTICLE-III-394
[
go to this ARTICLE
]
...
projects
for modernising or conver ting undertakings or for developing
fresh
activities
called for by the
establishment
or
functioning
of the
internal market
, where these
projects
are of such a
size
or
nature
that they cannot be entirely
financed
by the various means available in the
individual
Member States
; ...
ARTICLE-IV-438
: Succession and legal continuity [
go to this ARTICLE
]
... The other
components
of the acquis of the
Community
and of the
Union
existing
at the
time
of the
entry into force
of this
Treaty
, in particular the
interinstitutional
agreements
,
decisions
and
agreements
arrived at by the
Representatives
of the
Governments
of the
Member States
,
meeting
within the
Council
, the
agreements
concluded by the
Member States
on the
functioning
of the
Union
or of the
Community
or linked to
action
by the
Union
or by the
Community
, the
declarations
,
including
those made in the
context
of
intergovernmental conferences
, as well as the resolutions or other
positions
adopted
by the
European Council
or the
Council
and those relating to the
Union
or to the
Community
adopted
by
common
accord by the
Member States
, shall also be preserved until they have been deleted or amended. ...
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