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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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judicial
[
Global Index
]
ARTICLE-I-42
: Specific provisions relating to the area of freedom, security and justice [
go to this ARTICLE
]
... 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
; ...
...
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-II-103
: European Ombudsman [
go to this ARTICLE
]
... 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-III-257
[
go to this ARTICLE
]
... The
Union
shall endeavour to ensure a high level of
security
through
measures
to
prevent
and
combat
crime
,
racism
and
xenophobia
, and through
measures
for
coordination
and
cooperation
between
police
and
judicial authorities
and other
competent authorities
, as well as through the
mutual
recognition
of judgments in
criminal
matters and, if necessary, through the approximation of
criminal laws
. ...
... The
Union
shall
facilitate
access
to
justice
, in particular through the
principle
of
mutual
recognition
of
judicial
and
extrajudicial
decisions
in
civil matters
. ...
ARTICLE-III-269
[
go to this ARTICLE
]
... The
Union
shall develop
judicial
cooperation
in
civil matters
having
crossborder
implications, based on the
principle
of
mutual
recognition
of judgments and
decisions
in
extrajudicial
cases
. Such
cooperation
may
include
the
adoption
of
measures
for the approximation of the
laws
and
regulations
of the
Member States
. ...
... the cross-
border
service
of
judicial
and
extrajudicial
documents
; ...
...
support
for the
training
of the
judiciary
and
judicial
staff
. ...
ARTICLE-III-270
[
go to this ARTICLE
]
...
Judicial
cooperation
in
criminal
matters in the
Union
shall be based on the
principle
of
mutual
recognition
of judgments and
judicial
decisions
and shall
include
the approximation of the
laws
and
regulations
of the
Member States
in the
areas
referred to in paragraph 2 and in
Article
III-271
. ...
...
Judicial
cooperation
in
criminal
matters in the
Union
shall be based on the
principle
of
mutual
recognition
of judgments and
judicial
decisions
and shall
include
the approximation of the
laws
and
regulations
of the
Member States
in the
areas
referred to in paragraph 2 and in
Article
III-271
. ...
... lay down
rules
and
procedures
for ensuring
recognition
throughout the
Union
of all forms of judgments and
judicial
decisions
; ...
...
support
the
training
of the
judiciary
and
judicial
staff
; ...
...
facilitate
cooperation
between
judicial
or
equivalent
authorities
of the
Member States
in
relation
to
proceedings
in
criminal
matters and the
enforcement
of
decisions
. ...
... To the
extent
necessary to
facilitate
mutual
recognition
of judgments and
judicial
decisions
and
police
and
judicial
cooperation
in
criminal
matters having a
crossborder
dimension
,
European
framework laws
may
establish
minimum
rules
. Such
rules
shall take into
account
the
differences
between the
legal
traditions and
systems
of the
Member States
. ...
... To the
extent
necessary to
facilitate
mutual
recognition
of judgments and
judicial
decisions
and
police
and
judicial
cooperation
in
criminal
matters having a
crossborder
dimension
,
European
framework laws
may
establish
minimum
rules
. Such
rules
shall take into
account
the
differences
between the
legal
traditions and
systems
of the
Member States
. ...
ARTICLE-III-273
[
go to this ARTICLE
]
... the strengthening of
judicial
cooperation
,
including
by resolution of
conflicts
of
jurisdiction
and by close
cooperation
with the
European
Judicial
Network
. ...
... the strengthening of
judicial
cooperation
,
including
by resolution of
conflicts
of
jurisdiction
and by close
cooperation
with the
European
Judicial
Network
. ...
... In the
prosecutions
referred to in paragraph 1, and without
prejudice
to
Article
III-274
, formal
acts
of
judicial
procedure
shall be carried out by the
competent
national
officials
. ...
ARTICLE-III-274
[
go to this ARTICLE
]
... The
European law
referred to in paragraph 1 shall determine the
general rules
applicable to the
European
Public
Prosecutor
's
Office
, the
conditions
governing
the
performance
of its functions, the
rules of procedure
applicable to its
activities
, as well as those
governing
the
admissibility
of
evidence
, and the
rules
applicable to the
judicial review
of procedural
measures
taken by it in the
performance
of its functions. ...
ARTICLE-III-335
[
go to this ARTICLE
]
... The
European Parliament
shall
elect
a
European Ombudsman
. In
accordance
with
Articles
I-10
(2)(d) and
I-49
, he or she shall be empowered to
receive
complaints
from any
citizen
of the
Union
or any
natural
or
legal person
residing or having its
registered
office
in a
Member State
concerning
instances of
maladministration
in the
activities
of the
Union
's
institutions
,
bodies
,
offices
or
agencies
, with the
exception
of the
Court of Justice
of the
European Union
acting in its
judicial role
. ...
ARTICLE-III-355
[
go to this ARTICLE
]
... The
Judges
and
Advocates-General
of the
Court of Justice
shall be chosen from
persons
whose
independence
is beyond doubt and who possess the
qualifications
required for
appointment
to the highest
judicial
offices
in their respective
countries
or who are jurisconsults of recognised
competence
; they shall be appointed by
common
accord of the
governments
of the
Member States
after
consultation
of the panel provided for in
Article
III-357
. ...
ARTICLE-III-356
[
go to this ARTICLE
]
... The
members
of the
General Court
shall be chosen from
persons
whose
independence
is beyond doubt and who possess the ability required for
appointment
to high
judicial
office
. They shall be appointed by
common
accord of the
governments
of the
Member States
after
consultation
of the panel provided for in
Article
III-357
. ...
ARTICLE-III-359
[
go to this ARTICLE
]
... The
members
of the specialised
courts
shall be chosen from
persons
whose
independence
is beyond doubt and who possess the ability required for
appointment
to
judicial
office
. They shall be appointed by the
Council
, acting
unanimously
. ...
ARTICLE-III-369
[
go to this ARTICLE
]
... Where any such
question
is raised in a
case
pending before a
court
or
tribunal
of a
Member State
against whose
decisions
there is no
judicial remedy
under
national law
, that
court
or
tribunal
shall bring the matter before the
Court
. ...
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