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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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[
Global Index
]
ARTICLE-I-27
: The President of the European Commission [
go to this ARTICLE
]
... 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
. ...
ARTICLE-III-136
[
go to this ARTICLE
]
... 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: ...
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
]
... If, however, the
Council
has not made its attitude known within three
months
of the said
application
being made, the
Commission
shall
act
. ...
ARTICLE-III-172
[
go to this ARTICLE
]
... 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
. ...
... When justified by the complexity of the matter and in the
absence
of
danger
to
human health
, the
Commission
may notify the
Member State
concerned
that the
period
referred to in this paragraph will be
extended
for a further
period
of up to six
months
. ...
ARTICLE-III-198
[
go to this ARTICLE
]
... The
Council
shall
act
having
received
a
recommendation
of a
qualified majority
of those among its
members
representing
Member States
whose
currency
is the
euro
. These
members
shall
act
within six
months
of the
Council
receiving
the
Commission
's
proposal
. ...
ARTICLE-III-211
[
go to this ARTICLE
]
... On the occasion of the
consultation
referred to in paragraphs 2 and 3,
management
and
labour
may inform the
Commission
of their wish to initiate the process provided for in
Article
III-212
(1). The
duration
of this process shall not exceed nine
months
, unless the
management
and
labour
concerned
and the
Commission
decide
jointly
to
extend
it. ...
ARTICLE-III-270
[
go to this ARTICLE
]
... Where a
member
of the
Council
considers that a
draft
European
framework law
as referred to in paragraph 2 would
affect
fundamental
aspects
of its
criminal
justice
system
, it may
request
that the
draft
framework law
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: ...
... If, by the end of the
period
referred to in paragraph 3, either no
action
has been taken by the
European Council
or if, within 12
months
from the submission of a new
draft
under paragraph 3(b), the
European
framework law
has not been
adopted
, and at least one third of the
Member States
wish to
establish
enhanced cooperation
on the basis of the
draft
framework law
concerned
, they shall notify the
European Parliament
, the
Council
and the
Commission
accordingly. ...
ARTICLE-III-271
[
go to this ARTICLE
]
... Where a
member
of the
Council
considers that a
draft
European
framework law
as referred to in paragraph 1 or 2 would
affect
fundamental
aspects
of its
criminal
justice
system
, it may
request
that the
draft
framework law
be referred to the
European Council
. In that
case
, where the
procedure
referred to in
Article
III-396
is applicable, it shall be suspended. After
discussion
, the
European Council
shall, within four
months
of this
suspension
, either: ...
... If, by the end of the
period
referred to in paragraph 3, either no
action
has been taken by the
European Council
or if, within 12
months
from the submission of a new
draft
under paragraph 3(b), the
European
framework law
has not been
adopted
, and at least one third of the
Member States
wish to
establish
enhanced cooperation
on the basis of the
draft
framework law
concerned
, they shall notify the
European Parliament
, the
Council
and the
Commission
accordingly. ...
ARTICLE-III-312
[
go to this ARTICLE
]
... Within three
months
following the
notification
referred to in paragraph 1 the
Council
shall
adopt
a
European decision
establishing
permanent
structured
cooperation
and
determining
the
list
of
participating
Member States
. The
Council
shall
act
by a
qualified majority
after consulting the
Union Minister for Foreign Affairs
. ...
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-352
[
go to this ARTICLE
]
... The
Commission
shall
publish
annually, not later than one
month
before the
opening
of the
session
of the
European Parliament
, a
general
report
on the
activities
of the
Union
. ...
ARTICLE-III-361
[
go to this ARTICLE
]
... If the
Commission
has not delivered an
opinion
within three
months
of the
date
on which the matter was brought before it, the
absence
of such
opinion
shall not
prevent
the matter from being brought before the
Court
. ...
ARTICLE-III-365
[
go to this ARTICLE
]
... The
proceedings
provided for in this
Article
shall be instituted within two
months
of the
publication
of the
act
, or of its
notification
to the plaintiff, or, in the
absence
thereof, of the
day
on which it came to the plaintiff's
knowledge
, as the
case
may be. ...
ARTICLE-III-367
[
go to this ARTICLE
]
... The
action
shall be admissible only if the
institution
,
body
,
office
or
agency
concerned
has first been called upon to
act
. If, within two
months
of being so called upon, the
institution
,
body
,
office
or
agency
concerned
has not defined its
position
, the
action
may be brought within a further
period
of two
months
. ...
... The
action
shall be admissible only if the
institution
,
body
,
office
or
agency
concerned
has first been called upon to
act
. If, within two
months
of being so called upon, the
institution
,
body
,
office
or
agency
concerned
has not defined its
position
, the
action
may be brought within a further
period
of two
months
. ...
ARTICLE-III-371
[
go to this ARTICLE
]
... Such a
request
must be made within one
month
from the
date
of such
determination
. The
Court
shall
rule
within one
month
from the
date
of the
request
. ...
... Such a
request
must be made within one
month
from the
date
of such
determination
. The
Court
shall
rule
within one
month
from the
date
of the
request
. ...
ARTICLE-III-388
[
go to this ARTICLE
]
... The
European Parliament
, the
Council
or the
Commission
shall, if it considers it necessary, set the
Committee
, for the submission of its
opinion
, a
time
-
limit
which shall not be less than one
month
from the
date
on which the
chairman
receives
notification
to this
effect
. Upon
expiry
of the timelimit, the
absence
of an
opinion
shall not
prevent
further
action
. ...
ARTICLE-III-392
[
go to this ARTICLE
]
... The
European Parliament
, the
Council
or the
Commission
shall, if it considers it necessary, set the
Committee
, for the submission of its
opinion
, a
time
-
limit
which shall not be less than one
month
from the
date
on which the
chairman
receives
notification
to this
effect
. Upon
expiry
of the timelimit, the
absence
of an
opinion
shall not
prevent
further
action
. ...
ARTICLE-III-396
[
go to this ARTICLE
]
... If, within three
months
of such
communication
, the
European Parliament
: ...
... If, within three
months
of
receiving
the
European Parliament
's
amendments
, the
Council
, acting by a
qualified majority
: ...
... The
periods
of three
months
and six
weeks
referred to in this
Article
shall be
extended
by a
maximum
of one
month
and two
weeks
respectively at the
initiative
of the
European Parliament
or the
Council
. ...
... The
periods
of three
months
and six
weeks
referred to in this
Article
shall be
extended
by a
maximum
of one
month
and two
weeks
respectively at the
initiative
of the
European Parliament
or the
Council
. ...
ARTICLE-III-405
[
go to this ARTICLE
]
... If at the beginning of a
financial year
no
European law
establishing
the
budget
has been definitively
adopted
, a sum
equivalent
to not more than one twelfth of the
budget
appropriations
entered
in the
chapter
in
question
of the
budget
for the preceding
financial year
may be spent each
month
in
respect
of any
chapter
in
accordance
with the
European law
referred to in
Article
III-412
; that sum shall not, however, exceed one twelfth of the
appropriations
provided for in the same
chapter
of the
draft
budget
. ...
ARTICLE-III-420
[
go to this ARTICLE
]
... The
Commission
shall, within four
months
of the
date of receipt
of the
notification
, confirm the
participation
of the
Member State
concerned
. It shall note where necessary that the
conditions
of
participation
have been fulfilled and shall
adopt
any
transitional
measures
necessary with
regard
to the
application
of the
acts
already
adopted
within the
framework
of
enhanced cooperation
. ...
ARTICLE-IV-444
: Simplified revision procedure [
go to this ARTICLE
]
... Any
initiative
taken by the
European Council
on the basis of paragraphs 1 or 2 shall be notified to the
national
Parliaments
. If a
national
Parliament
makes known its
opposition
within six
months
of the
date
of such
notification
, the
European decision
referred to in paragraphs 1 or 2 shall not be
adopted
. In the
absence of opposition
, the
European Council
may
adopt
the
decision
. ...
ARTICLE-IV-447
: Ratification and entry into force [
go to this ARTICLE
]
... This
Treaty
shall
enter into force
on 1 November 2006, provided that all the
instruments of ratification
have been
deposited
, or, failing that, on the first
day
of the second
month
following the deposit of the
instrument of ratification
by the last
signatory State
to take this
step
. ...
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