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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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restric
[
Global Index
]
ARTICLE-III-134
[
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]
... abolish all such qualifying
periods
and other
restrictions
provided for either under
national legislation
or under
agreements
previously concluded between
Member States
as impose on workers of other
Member States
conditions
regarding the
free choice
of
employment
other than those imposed on workers of the
State
concerned
; ...
ARTICLE-III-137
[
go to this ARTICLE
]
... Within the
framework
of this Subsection,
restrictions
on the
freedom
of
establishment
of
nationals
of a
Member State
in the
territory
of another
Member State
shall be
prohibited
. Such
prohibition
shall also apply to
restrictions
on the setting-up of
agencies
,
branches
or subsidiaries by
nationals
of any
Member State
established
in the
territory
of any
Member State
. ...
... Within the
framework
of this Subsection,
restrictions
on the
freedom
of
establishment
of
nationals
of a
Member State
in the
territory
of another
Member State
shall be
prohibited
. Such
prohibition
shall also apply to
restrictions
on the setting-up of
agencies
,
branches
or subsidiaries by
nationals
of any
Member State
established
in the
territory
of any
Member State
. ...
ARTICLE-III-138
[
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]
... by effecting the progressive
abolition
of
restrictions
on
freedom
of
establishment
in every
branch
of
activity
under
consideration
, both as
regards
the
conditions
for setting up
agencies
,
branches
or subsidiaries in the
territory
of a
Member State
and as
regards
the
conditions
governing
the
entry
of
personnel
belonging to the main
establishment
into
managerial
or
supervisory
posts
in such
agencies
,
branches
or subsidiaries; ...
ARTICLE-III-141
[
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]
... In the
case
of the
medical
and allied and
pharmaceutical
professions
, the progressive
abolition
of
restrictions
shall be dependent upon
coordination
of the
conditions
for the
exercise
of such
professions
in the various
Member States
. ...
ARTICLE-III-144
[
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]
... Within the
framework
of this Subsection,
restrictions
on
freedom
to provide
services
within the
Union
shall be
prohibited
in
respect
of
nationals
of
Member States
who are
established
in a
Member State
other than that of the
person
for whom the
services
are intended.
European laws
or
framework laws
may
extend
this Subsection to
service
providers who are
nationals
of a
third State
and who are
established
within the
Union
. ...
ARTICLE-III-149
[
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]
... As long as
restrictions
on
freedom
to provide
services
have not been abolished, the
Member States
shall apply such
restrictions
without
distinction
on grounds of
nationality
or of
residence
to all
persons
providing
services
within the meaning of the first paragraph of
Article
III-144
. ...
... As long as
restrictions
on
freedom
to provide
services
have not been abolished, the
Member States
shall apply such
restrictions
without
distinction
on grounds of
nationality
or of
residence
to all
persons
providing
services
within the meaning of the first paragraph of
Article
III-144
. ...
ARTICLE-III-151
[
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]
... Paragraph 4 and Subsection 3 on the
prohibition
of
quantitative
restrictions
shall apply to
products
originating in
Member States
and to
products
coming from
third countries
which are in
free circulation
in
Member States
. ...
ARTICLE-III-153
[
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]
...
Quantitative
restrictions
on
imports
and
exports
and all
measures
having
equivalent
effect
shall be
prohibited
between
Member States
. ...
ARTICLE-III-154
[
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]
...
Article
III-153
shall not preclude
prohibitions
or
restrictions
on
imports
,
exports
or
goods
in
transit
justified on grounds of
public
morality
,
public
policy
or
public
security
; the
protection of health
and
life
of
humans
,
animals
or
plants
; the
protection
of
national
treasures
possessing
artistic
, historic or archaeological
value
; or the
protection
of
industrial
and
commercial
property
. Such
prohibitions
or
restrictions
shall not, however,
constitute
a means of
arbitrary
discrimination
or a disguised
restriction
on
trade
between
Member States
. ...
...
Article
III-153
shall not preclude
prohibitions
or
restrictions
on
imports
,
exports
or
goods
in
transit
justified on grounds of
public
morality
,
public
policy
or
public
security
; the
protection of health
and
life
of
humans
,
animals
or
plants
; the
protection
of
national
treasures
possessing
artistic
, historic or archaeological
value
; or the
protection
of
industrial
and
commercial
property
. Such
prohibitions
or
restrictions
shall not, however,
constitute
a means of
arbitrary
discrimination
or a disguised
restriction
on
trade
between
Member States
. ...
...
Article
III-153
shall not preclude
prohibitions
or
restrictions
on
imports
,
exports
or
goods
in
transit
justified on grounds of
public
morality
,
public
policy
or
public
security
; the
protection of health
and
life
of
humans
,
animals
or
plants
; the
protection
of
national
treasures
possessing
artistic
, historic or archaeological
value
; or the
protection
of
industrial
and
commercial
property
. Such
prohibitions
or
restrictions
shall not, however,
constitute
a means of
arbitrary
discrimination
or a disguised
restriction
on
trade
between
Member States
. ...
ARTICLE-III-155
[
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]
...
Member States
shall
refrain
from introducing any new
measure
which is
contrary
to the
principles
laid down in paragraph 1 or which
restricts
the
scope
of the
Articles
dealing with the
prohibition
of
customs duties
and
quantitative
restrictions
between
Member States
. ...
...
Member States
shall
refrain
from introducing any new
measure
which is
contrary
to the
principles
laid down in paragraph 1 or which
restricts
the
scope
of the
Articles
dealing with the
prohibition
of
customs duties
and
quantitative
restrictions
between
Member States
. ...
ARTICLE-III-156
[
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]
... Within the
framework
of this Section,
restrictions
both on the
movement
of
capital
and on payments between
Member States
and between
Member States
and
third countries
shall be
prohibited
. ...
ARTICLE-III-157
[
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]
...
Article
III-156
shall be without
prejudice
to the
application
to
third countries
of any
restrictions
which
existed
on 31 December 1993 under
national
or
Union
law
adopted
in
respect
of the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. With
regard
to
restrictions
which
exist
under
national law
in
Estonia
and
Hungary
, the
date
in
question
shall be 31 December 1999. ...
...
Article
III-156
shall be without
prejudice
to the
application
to
third countries
of any
restrictions
which
existed
on 31 December 1993 under
national
or
Union
law
adopted
in
respect
of the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. With
regard
to
restrictions
which
exist
under
national law
in
Estonia
and
Hungary
, the
date
in
question
shall be 31 December 1999. ...
ARTICLE-III-158
[
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]
... This Section shall be without
prejudice
to the applicability of
restrictions
on the
right
of
establishment
which are
compatible
with the
Constitution
. ...
... The
measures
and
procedures
referred to in paragraphs 1 and 2 shall not
constitute
a means of
arbitrary
discrimination
or a disguised
restriction
on the
free movement
of
capital
and payments as defined in
Article
III-156
. ...
ARTICLE-III-161
[
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]
... The following shall be
prohibited
as incompatible with the
internal market
: all
agreements
between undertakings,
decisions
by
associations
of undertakings and concerted practices which may
affect
trade
between
Member States
and which have as their
object
or
effect
the
prevention
,
restriction
or
distortion
of
competition
within the
internal market
, and in particular those which: ...
... impose on the undertakings
concerned
restrictions
which are not indispensable to the attainment of these
objectives
; ...
ARTICLE-III-172
[
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]
... 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-201
[
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]
...
measures
needed to
avoid
deflection of trade
where the
Member State
with a
derogation
, which is in difficulties, maintains or reintroduces
quantitative
restrictions
against
third countries
; ...
ARTICLE-III-292
[
go to this ARTICLE
]
...
encourage
the
integration
of all
countries
into the
world
economy
,
including
through the progressive
abolition
of
restrictions
on
international trade
; ...
ARTICLE-III-314
[
go to this ARTICLE
]
... By
establishing
a
customs union
in
accordance
with
Article
III-151
, the
Union
shall
contribute
, in the
common interest
, to the
harmonious
development
of
world
trade
, the progressive
abolition
of
restrictions
on
international trade
and on
foreign
direct
investment
, and the lowering of
customs
and other barriers. ...
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