|
|
Home
>
PART III
>
TITLE VI - THE FUNCTIONING OF THE UNION
>
CHAPTER I - PROVISIONS GOVERNING THE INSTITUTIONS
|
Previous
Next
|
|
|
|
|
|
|
|
|
SECTION 4 - PROVISIONS
COMMON TO UNION INSTITUTIONS BODIES, OFFICES AND
AGENCIES
|
|
|
|
|
|
|
|
|
1. A European law or framework law of the Council shall establish the necessary
measures for the election of the Members of the European Parliament by direct universal
suffrage in accordance with a uniform procedure in all Member States or in accordance
with principles common to all Member States.
The Council shall act unanimously on initiative from, and after obtaining the consent
of,
the European Parliament, which shall act by a majority of its component members. This
law or framework law shall enter into force after it has been approved by the Member
States in accordance with their respective constitutional requirements.
2. A European law of the European Parliament shall lay down the regulations and
general conditions governing the performance of the duties of its Members. The
European Parliament shall act on its own initiative after seeking an opinion from the
Commission and after obtaining the consent of the Council. The Council shall act
unanimously on all rules or conditions relating to the taxation of Members or former
Members.
|
|
European laws shall lay down the regulations governing the political parties at European
level referred to in Article I-46(4),
and in particular the rules regarding their funding.
|
|
The European Parliament may, by a majority of its component Members, request the
Commission to submit any appropriate proposal on matters on which it considers that a
Union act is required for the purpose of implementing the Constitution. If the
Commission does not submit a proposal, it shall inform the European Parliament of the
reasons.
|
|
In the course of its duties, the European Parliament may, at the request of a quarter
of
its component Members, set up a temporary Committee of Inquiry to investigate, without
prejudice to the powers conferred by the Constitution on other institutions or bodies,
alleged contraventions or maladministration in the implementation of Union law, except
where the alleged facts are being examined before a court and while the case is still
subject to legal proceedings.
The temporary Committee of Inquiry shall cease to exist on submission of its report.
A European law of the European Parliament shall lay down the detailed provisions
governing the exercise of the right of inquiry. The European Parliament shall act on its
own initiative after obtaining the consent of the Council and of the Commission.
|
|
In accordance with Article I-10(2)(d),
any citizen of the Union, and any natural or legal
person residing or having its registered office in a Member State, shall have the right to
address, individually or in association with other persons, a petition to the European
Parliament on a matter which comes within the Union's fields of activity and which
affects him, her or it directly.
|
|
1. 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.
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.
The Ombudsman shall submit an annual report to the European Parliament on the
outcome of his or her inquiries.
2. The Ombudsman shall be elected after each election of the European Parliament for
the duration of its term of office. The Ombudsman shall be eligible for reappointment.
The Ombudsman may be dismissed by the Court of Justice at the request of the
European Parliament if he or she no longer fulfils the conditions required for the
performance of his or her duties or if he or she is guilty of serious misconduct.
3. The Ombudsman shall be completely independent in the performance of his or her
duties. In the performance of those duties he or she shall neither seek nor take
instructions from any institution, body, office or agency. The Ombudsman shall not,
during his or her term of office, engage in any other occupation, whether gainful or not.
4. A European law of the European Parliament shall lay down the regulations and
general conditions governing the performance of the Ombudsman's duties. The
European Parliament shall act on its own initiative after seeking an opinion from the
Commission and after obtaining the consent of the Council.
|
|
The European Parliament shall hold an annual session. It shall meet, without requiring
to
be convened, on the second Tuesday in March.
The European Parliament may meet in extraordinary part- session at the request of
a
majority of its component members or at the request of the Council or of the
Commission.
|
|
1. The European Council and the Council shall be heard by the European Parliament
in
accordance with the conditions laid down in the Rules of Procedure of the European
Council and those of the Council.
2. The Commission may attend all the meetings of the European Parliament and shall,
at its request, be heard. It shall reply orally or in writing to questions put to it by the
European Parliament or by its members.
3. The European Parliament shall discuss in open session the annual general report
submitted to it by the Commission.
|
|
Save as otherwise provided in the Constitution, the European Parliament shall act
by a
majority of the votes cast. Its Rules of Procedure shall determine the quorum.
|
|
The European Parliament shall adopt its Rules of Procedure, by a majority of its
component members.
The proceedings of the European Parliament shall be published in the manner laid down
in the Constitution and the Rules of Procedure of the European Parliament.
|
|
If a motion of censure on the activities of the Commission is tabled before it, the
European Parliament shall not vote thereon until at least three days after the motion has
been tabled and shall do so only by open vote.
If the motion of censure is carried by a two-thirds majority of the votes cast, representing
a majority of the component members of the European Parliament, the members of the
Commission shall resign as a body and the Union Minister for Foreign Affairs shall resign
from duties that he or she carries out in the Commission. They shall remain in office and
continue to deal with current business until they are replaced in accordance with Articles
I- 26 and I-27. In this
case, the term of office of the members of the Commission
appointed to replace them shall expire on the date on which the term of office of the
members of the Commission obliged to resign as a body would have expired.
|
|
|
|
|
1. Where a vote is taken, any member of the European Council may also act on behalf
of not more than one other member.
Abstentions by members present in person or represented shall not prevent the adoption
by the European Council of acts which require unanimity.
2. The President of the European Parliament may be invited to be heard by the European
Council.
3. The European Council shall act by a simple majority for procedural questions and
for
the adoption of its Rules of Procedure.
4. The European Council shall be assisted by the General Secretariat of the Council.
|
|
|
|
|
The Council shall meet when convened by its President on his or her own initiative,
or at
the request of one of its members or of the Commission.
|
|
1. Where a vote is taken, any member of the Council may act on behalf of not more
than
one other member.
2. Where it is required to act by a simple majority, the Council shall act by a majority
of
its component members.
3. Abstentions by members present in person or represented shall not prevent the
adoption by the Council of acts which require unanimity.
|
|
1. A committee consisting of the Permanent Representatives of the Governments of the
Member States shall be responsible for preparing the work of the Council and for
carrying out the tasks assigned to it by the latter. The Committee may adopt procedural
decisions in cases provided for in the Council's Rules of Procedure.
2. The Council shall be assisted by a General Secretariat, under the responsibility
of a
Secretary-General appointed by the Council .
The Council shall decide on the organisation of the General Secretariat by a simple
majority.
3. The Council shall act by a simple majority regarding procedural matters and for
the
adoption of its Rules of Procedure.
|
|
The Council, by a simple majority, may request the Commission to undertake any
studies the Council considers desirable for the attainment of the common objectives,
and to submit any appropriate proposals to it. If the Commission does not submit a
proposal, it shall inform the Council of the reasons.
|
|
The Council shall adopt European decisions laying down the rules governing the
committees provided for in the Constitution. It shall act by a simple majority after
consulting the Commission.
|
|
|
|
|
The members of the Commission shall refrain from any action incompatible with their
duties. Member States shall respect their independence and shall not seek to influence
them in the performance of their tasks.
The members of the Commission shall not, during their term of office, engage in any
other occupation, whether gainful or not. When entering upon their duties they shall give
a solemn undertaking that, both during and after their term of office, they will respect the
obligations arising therefrom and in particular their duty to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold office, of certain
appointments or benefits. In the event of any breach of these obligations, the Court of
Justice may, on application by the Council, acting by a simple majority, or the
Commission, rule that the person concerned be, according to the circumstances, either
compulsorily retired in accordance with Article III-349
or deprived of his or her right to a
pension or other benefits in its stead.
|
|
1. Apart from normal replacement, or death, the duties of a member of the Commission
shall end when he or she resigns or is compulsorily retired.
2. A vacancy caused by resignation, compulsory retirement or death shall be filled
for the
remainder of the member's term of office by a new member of the same nationality
appointed by the Council, by common accord with the President of the Commission,
after consulting the European Parliament and in accordance with the criteria set out in
Article I-26(4).
The Council may, acting unanimously on a proposal from the President of the
Commission, decide that such a vacancy need not be filled, in particular when the
remainder of the member's term of office is short.
3. In the event of resignation, compulsory retirement or death, the President shall
be
replaced for the remainder of his or her term of office in accordance with Article I-27(1).
4. In the event of resignation, compulsory retirement or death, the Union Minister
for
Foreign Affairs shall be replaced, for the remainder of his or her term of office, in
accordance with Article I-28(1).
5. In the case of the resignation of all the members of the Commission, they shall
remain
in office and continue to deal with current business until they have been replaced, for the
remainder of their term of office, in accordance with Articles I-26 and I-27.
|
|
If any member of the Commission no longer fulfils the conditions required for the
performance of his or her duties or if he or she has been guilty of serious misconduct,
the Court of Justice may, on application by the Council, acting by a simple majority, or by
the Commission, compulsorily retire him or her.
|
|
Without prejudice to Article I-28(4),
the responsibilities incumbent upon the Commission
shall be structured and allocated among its members by its President, in accordance
with Article I-27(3).
The President may reshuffle the allocation of those responsibilities
during the Commission's term of office. The members of the Commission shall carry
out the duties devolved upon them by the President under his or her authority.
|
|
The Commission shall act by a majority of its members. Its Rules of Procedure shall
determine the quorum.
|
|
1. The Commission shall adopt its Rules of Procedure so as to ensure both its own
operation and that of its departments. It shall ensure that these rules are published.
2. 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.
|
|
|
|
|
The Court of Justice shall sit in chambers, as a Grand Chamber or as a full Court,
in
accordance with the Statute
of the Court of Justice of the European Union.
|
|
The Court of Justice shall be assisted by eight Advocates-General. Should the Court
of
Justice so request, the Council may, acting unanimously, adopt a European decision to
increase the number of Advocates-General.
It shall be the duty of the Advocate-General, acting with complete impartiality and
independence, to make, in open court, reasoned submissions on cases which, in
accordance with the Statute
of the Court of Justice of the European Union, require his or
her involvement.
|
|
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.
Every three years there shall be a partial replacement of the Judges and Advocates-
General, in accordance with the conditions laid down in the Statute
of the Court of
Justice of the European Union.
The Judges shall elect the President of the Court of Justice from among their number
for
a term of three years. He or she may be re-elected.
The Court of Justice shall adopt its Rules of Procedure. Those Rules shall require
the
consent of the Council.
|
|
The number of Judges of the General Court shall be determined by the Statute
of the
Court of Justice of the European Union. The Statute may provide for the General Court to
be assisted by Advocates-General.
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.
The membership of the General Court shall be partially renewed every three years.
The Judges shall elect the President of the General Court from among their number
for a
term of three years. He or she may be re-elected.
The General Court shall establish its Rules of Procedure in agreement with the Court
of
Justice. The Rules shall be subject to the consent of the Council.
Unless the Statute provides otherwise, the provisions of the Constitution relating
to the
Court of Justice shall apply to the General Court.
|
|
A panel shall be set up in order to give an opinion on candidates' suitability to
perform the
duties of Judge and Advocate-General of the Court of Justice and the General Court
before the governments of the Member States make the appointments referred to in
Articles III-355
and III-356.
The panel shall comprise seven persons chosen from among former members of the
Court of Justice and the General Court, members of national supreme courts and
lawyers of recognised competence, one of whom shall be proposed by the European
Parliament. The Council shall adopt a European decision establishing the panel's
operating rules and a European decision appointing its members. It shall act on the
initiative of the President of the Court of Justice.
|
|
1. The General Court shall have jurisdiction to hear and determine at first instance
actions or proceedings referred to in Articles III-365, III-367, III-370, III-372
and III-374,
with
the exception of those assigned to a specialised court set up under Article III-359
and
those reserved in the Statute of the Court of Justice of the European Union for the Court
of Justice. The Statute may provide for the General Court to have jurisdiction for other
classes of action or proceeding.
Decisions given by the General Court under this paragraph may be subject to a right
of
appeal to the Court of Justice on points of law only, under the conditions and within the
limits laid down by the Statute.
2. The General Court shall have jurisdiction to hear and determine actions or
proceedings brought against decisions of the specialised courts.
Decisions given by the General Court under this paragraph may exceptionally be subject
to review by the Court of Justice, under the conditions and within the limits laid down by
the Statute
of the Court of Justice of the European Union, where there is a serious risk of
the unity or consistency of Union law being affected.
3. The General Court shall have jurisdiction to hear and determine questions referred
for
a preliminary ruling under Article III-369,
in specific areas laid down by the Statute of the
Court of Justice of the European Union.
Where the General Court considers that the case requires a decision of principle likely
to
affect the unity or consistency of Union law, it may refer the case to the Court of Justice
for a ruling.
Decisions given by the General Court on questions referred for a preliminary ruling
may
exceptionally be subject to review by the Court of Justice, under the conditions and
within the limits laid down by the Statute, where there is a serious risk of the unity or
consistency of Union law being affected.
|
|
1. European laws may establish specialised courts attached to the General Court to
hear and determine at first instance certain classes of action or proceeding brought in
specific areas. They shall be adopted either on a proposal from the Commission after
consultation of the Court of Justice or at the request of the Court of Justice after
consultation of the Commission.
2. The European law establishing a specialised court shall lay down the rules on the
organisation of the court and the extent of the jurisdiction conferred upon it.
3. Decisions given by specialised courts may be subject to a right of appeal on points
of
law only or, when provided for in the European law establishing the specialised court, a
right of appeal also on matters of fact, before the General Court.
4. 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.
5. The specialised courts shall establish their Rules of Procedure in agreement with
the
Court of Justice. Those Rules shall require the consent of the Council.
6. Unless the European law establishing the specialised court provides otherwise,
the
provisions of the Constitution relating to the Court of Justice of the European Union and
the provisions of the Statute of the Court of Justice of the European Union shall apply to
the specialised courts. Title
I of the Statute and Article 64
thereof shall in any case apply
to the specialised courts.
|
|
If the Commission considers that a Member State has failed to fulfil an obligation
under
the Constitution, it shall deliver a reasoned opinion on the matter after giving the State
concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down
by
the Commission, the latter may bring the matter before the Court of Justice of the
European Union.
|
|
A Member State which considers that another Member State has failed to fulfil an
obligation under the Constitution may bring the matter before the Court of Justice of the
European Union.
Before a Member State brings an action against another Member State for an alleged
infringement of an obligation under the Constitution, it shall bring the matter before the
Commission.
The Commission shall deliver a reasoned opinion after each of the States concerned
has been given the opportunity to submit its own case and its observations on the other
party's case both orally and in writing.
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.
|
|
1. 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.
2. If the Commission considers that the Member State concerned has not taken the
necessary measures to comply with the judgment referred to in paragraph 1, it may
bring the case before the Court of Justice of the European Union after giving that State
the opportunity to submit its observations. It shall specify the amount of the lump sum or
penalty payment to be paid by the Member State concerned which it considers
appropriate in the circumstances.
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.
This procedure shall be without prejudice to Article III-361.
3. When the Commission brings a case before the Court of Justice of the European
Union pursuant to Article III-360
on the grounds that the Member State concerned has
failed to fulfil its obligation to notify measures transposing a European framework law, it
may, when it deems appropriate, specify the amount of the lump sum or penalty
payment to be paid by the Member State concerned which it considers appropriate in the
circumstances.
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.
|
|
European laws and regulations of the Council may give the Court of Justice of the
European Union unlimited jurisdiction with regard to the penalties provided for in them.
|
|
Without prejudice to the other provisions of the Constitution, a European law may
confer
on the Court of Justice of the European Union, to the extent that it shall determine,
jurisdiction in disputes relating to the application of acts adopted on the basis of the
Constitution which create European intellectual property rights.
|
|
1. The Court of Justice of the European Union shall review the legality of European
laws
and framework laws, of acts of the Council, of the Commission and of the European
Central Bank, other than recommendations and opinions, and of acts of the European
Parliament and of the European Council intended to produce legal effects vis-à-vis third
parties. It shall also review the legality of acts of bodies, offices or agencies of the Union
intended to produce legal effects vis-à- vis third parties.
2. For the purposes of paragraph 1, the Court of Justice of the European Union shall
have jurisdiction in actions brought by a Member State, the European Parliament, the
Council or the Commission on grounds of lack of competence, infringement of an
essential procedural requirement, infringement of the Constitution or of any rule of law
relating to its application, or misuse of powers.
3. The Court of Justice of the European Union shall have jurisdiction under the conditions
laid down in paragraphs 1 and 2 in actions brought by the Court of Auditors, by the
European Central Bank and by the Committee of the Regions for the purpose of
protecting their prerogatives.
4. Any natural or legal person may, under the conditions laid down in paragraphs 1
and
2, institute proceedings against an act addressed to that person or which is of direct and
individual concern to him or her, and against a regulatory act which is of direct concern
to him or her and does not entail implementing measures.
5. Acts setting up bodies, offices and agencies of the Union may lay down specific
conditions and arrangements concerning actions brought by natural or legal persons
against acts of these bodies, offices or agencies intended to produce legal effects in
relation to them.
6. 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.
|
|
If the action is well founded, the Court of Justice of the European Union shall declare
the
act concerned to be void.
However, the Court shall, if it considers this necessary, state which of the effects
of the
act which it has declared void shall be considered as definitive.
|
|
Should the European Parliament, the European Council, the Council, the Commission
or
the European Central Bank, in infringement of the Constitution, fail to act, the Member
States and the other institutions of the Union may bring an action before the Court of
Justice of the European Union to have the infringement established. This Article shall
apply, under the same conditions, to bodies, offices and agencies of the Union which fail
to act.
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.
Any natural or legal person may, under the conditions laid down in the first and second
paragraphs, complain to the Court that an institution, body, office or agency of the Union
has failed to address to that person any act other than a recommendation or an opinion.
|
|
The institution, body, office or agency whose act has been declared void, or whose
failure to act has been declared contrary to the Constitution, shall be required to take the
necessary measures to comply with the judgment of the Court of Justice of the
European Union.
This obligation shall not affect any obligation which may result from the application
of the
second paragraph of Article III-431.
|
|
The Court of Justice of the European Union shall have jurisdiction to give preliminary
rulings concerning:
(a) the interpretation of the Constitution;
(b) the validity and interpretation of acts of the institutions, bodies, offices and
agencies
of the Union.
Where such a question is raised before any court or tribunal of a Member State, that
court or tribunal may, if it considers that a decision on the question is necessary to
enable it to give judgment, request the Court to give a ruling thereon.
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.
If such a question is raised in a case pending before a court or tribunal of a Member
State with regard to a person in custody, the Court shall act with the minimum of delay.
|
|
The Court of Justice of the European Union shall have jurisdiction in disputes relating
to
compensation for damage provided for in the second and third paragraphs of Article III-
431.
|
|
The Court of Justice shall have jurisdiction to decide on the legality of an act adopted
by
the European Council or by the Council pursuant to Article I-59
solely at the request of
the Member State concerned by a determination of the European Council or of the
Council and in respect solely of the procedural stipulations contained in that 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.
|
|
The Court of Justice of the European Union shall have jurisdiction in any dispute
between the Union and its servants within the limits and under the conditions laid down
in the Staff Regulations of Officials and the Conditions of Employment of other servants
of the Union.
|
|
The Court of Justice of the European Union shall, within the limits hereinafter laid
down,
have jurisdiction in disputes concerning:
(a) the fulfilment by Member States of obligations under the Statute
of the European
Investment Bank. In this connection, the Board of Directors of the Bank shall enjoy the
powers conferred upon the Commission by Article III-360;
(b) measures adopted by the Board of Governors of the European Investment Bank. In
this connection, any Member State, the Commission or the Board of Directors of the
Bank may institute proceedings under the conditions laid down in Article III-
365;
(c) measures adopted by the Board of Directors of the European Investment Bank.
Proceedings against such measures may be instituted only by Member States or by the
Commission, under the conditions laid down in Article III-365, and solely on the grounds
of non- compliance with the procedure provided for in Article 19(2),
(5), (6) and (7) of the
Statute of the Bank;
(d) 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.
|
|
The Court of Justice of the European Union shall have jurisdiction to give judgment
pursuant to any arbitration clause contained in a contract concluded by or on behalf of
the Union, whether that contract be governed by public or private law.
|
|
1. Save where jurisdiction is conferred on the Court of Justice of the European Union
by
the Constitution, disputes to which the Union is a party shall not on that ground be
excluded from the jurisdiction of the courts or tribunals of the Member States.
2. Member States undertake not to submit a dispute concerning the interpretation or
application of the Constitution to any method of settlement other than those provided for
therein.
3. The Court of Justice shall have jurisdiction in any dispute between Member States
which relates to the subject-matter of the Constitution if the dispute is submitted to it
under a special agreement between the parties.
|
|
The Court of Justice of the European Union shall not have jurisdiction with respect
to
Articles I- 40
and I-41
and the provisions of Chapter
II of Title V concerning the common
foreign and security policy and Article III-293
insofar as it concerns the common foreign
and security policy.
However, the Court shall have jurisdiction to monitor compliance with Article III-308
and
to rule on proceedings, brought in accordance with the conditions laid down in Article III-
365(4), reviewing the legality of European decisions providing for restrictive measures
against natural or legal persons adopted by the Council on the basis of Chapter II of Title
V.
|
|
In exercising its powers regarding the provisions of Sections 4 and 5 of Chapter IV
of
Title III relating to the area of freedom, security and justice, the Court of Justice of the
European Union shall have no jurisdiction to review the validity or proportionality of
operations carried out by the police or other law-enforcement services of a Member
State or the exercise of the responsibilities incumbent upon Member States with regard
to the maintenance of law and order and the safeguarding of internal security.
|
|
Notwithstanding the expiry of the period laid down in Article III-365(6),
any party may, in
proceedings in which an act of general application adopted by an institution, body, office
or agency of the Union is at issue, plead the grounds specified in Article III-365(2) in
order to invoke before the Court of Justice of the European Union the inapplicability of
that act.
|
|
1. Actions brought before the Court of Justice of the European Union shall not have
suspensory effect. The Court may, however, if it considers that circumstances so
require, order that application of the contested act be suspended.
2. The Court of Justice of the European Union may in any cases before it prescribe
any
necessary interim measures.
|
|
The judgments of the Court of Justice of the European Union shall be enforceable under
the conditions laid down in Article III-401.
|
|
The Statute
of the Court of Justice of the European Union shall be laid down in a
Protocol.
A European law may amend the provisions of the Statute, with the exception of Title
I
and Article 64.
It shall be adopted either at the request of the Court of Justice and after
consultation of the Commission, or on a proposal from the Commission and after
consultation of the Court of Justice.
|
|
|
|
|
1. The Governing Council of the European Central Bank shall comprise the members of
the Executive Board of the European Central Bank and the Governors of the national
central banks of the Member States without a derogation as referred to in Article III-197.
2. The Executive Board shall comprise the President, the Vice- President and four
other
members.
The President, the Vice-President and the other members of the Executive Board shall
be appointed by the European Council, acting by a qualified majority, from among
persons of recognised standing and professional experience in monetary or banking
matters, on a recommendation from the Council and after consulting the European
Parliament and the Governing Council of the European Central Bank.
Their term of office shall be eight years and shall not be renewable.
Only nationals of Member States may be members of the Executive Board.
|
|
1. The President of the Council and a member of the Commission may participate,
without having the right to vote, in meetings of the Governing Council of the European
Central Bank.
The President of the Council may submit a motion for deliberation to the Governing
Council of the European Central Bank.
2. The President of the European Central Bank shall be invited to participate in meetings
of the Council when it is discussing matters relating to the objectives and tasks of the
European System of Central Banks.
3. The European Central Bank shall address an annual report on the activities of the
European System of Central Banks and on the monetary policy of both the previous and
the current year to the European Parliament, the European Council, the Council and the
Commission. The President of the European Central Bank shall present this report to
the European Parliament, which may hold a general debate on that basis, and to the
Council.
The President of the European Central Bank and the other members of the Executive
Board may, at the request of the European Parliament or on their own initiative, be heard
by the competent bodies of the European Parliament.
|
|
|
|
|
1. The Court of Auditors shall examine the accounts of all revenue and expenditure
of the
Union. It shall also examine the accounts of all revenue and expenditure of any body,
office or agency set up by the Union insofar as the instrument establishing that body,
office or agency does not preclude such examination.
The Court of Auditors shall provide the European Parliament and the Council with a
statement of assurance as to the reliability of the accounts and the legality and regularity
of the underlying transactions which shall be published in the Official Journal of the
European Union. This statement may be supplemented by specific assessments for
each major area of Union activity.
2. The Court of Auditors shall examine whether all revenue has been received and all
expenditure incurred in a lawful and regular manner and whether the financial
management has been sound. In doing so, it shall report in particular on any cases of
irregularity.
The audit of revenue shall be carried out on the basis of the amounts established
as due
and the amounts actually paid to the Union.
The audit of expenditure shall be carried out on the basis both of commitments
undertaken and payments made.
These audits may be carried out before the closure of accounts for the financial year
in
question.
3. The audit shall be based on records and, if necessary, performed on the spot in
the
other institutions, or on the premises of any body, office or agency which manages
revenue or expenditure on behalf of the Union and in the Member States, including on the
premises of any natural or legal person in receipt of payments from the budget. In the
Member States the audit shall be carried out in liaison with national audit bodies or, if
these do not have the necessary powers, with the competent national departments. The
Court of Auditors and the national audit bodies of the Member States shall cooperate in a
spirit of trust while maintaining their independence. These bodies or departments shall
inform the Court of Auditors whether they intend to take part in the audit.
The other institutions, any bodies, offices or agencies managing revenue or expenditure
on behalf of the Union, any natural or legal person in receipt of payments from the
budget, and the national audit bodies or, if these do not have the necessary powers, the
competent national departments, shall forward to the Court of Auditors, at its request,
any document or information necessary to carry out its task.
In respect of the European Investment Bank's activity in managing Union revenue and
expenditure, rights of access by the Court of Auditors to information held by the Bank
shall be governed by an agreement between the Court of Auditors, the Bank and the
Commission. In the absence of an agreement, the Court of Auditors shall nevertheless
have access to information necessary for the audit of Union expenditure and revenue
managed by the Bank.
4. The Court of Auditors shall draw up an annual report after the close of each financial
year. It shall be forwarded to the other institutions and shall be published, together with
the replies of these institutions to the observations of the Court of Auditors, in the Official
Journal of the European Union.
The Court of Auditors may also, at any time, submit observations, particularly in
the form
of special reports, on specific questions and deliver opinions at the request of one of the
other institutions.
It shall adopt its annual reports, special reports or opinions by a majority of its
component members. However, it may establish internal chambers in order to adopt
certain categories of reports or opinions under the conditions laid down by its Rules of
Procedure.
It shall assist the European Parliament and the Council in exercising their powers
of
control over the implementation of the budget.
It shall adopt its Rules of Procedure. Those rules shall require the consent of the
Council.
|
|
1. The members of the Court of Auditors shall be chosen from among persons who
belong or have belonged in their respective States to external audit bodies or who are
especially qualified for this office. Their independence must be beyond doubt.
2. The members of the Court of Auditors shall be appointed for a term of six years.
Their
term of office shall be renewable. The Council shall adopt a European decision
establishing the list of members drawn up in accordance with the proposals made by
each Member State. It shall act after consulting the European Parliament.
The members of the Court of Auditors shall elect their President from among their
number for a term of three years. He or she may be re- elected.
3. In the performance of their duties, members of the Court of Auditors shall neither
seek
nor take instructions from any government or from any other body. They shall refrain
from any action incompatible with their duties.
4. Members of the Court of Auditors shall not, during their term of office, engage
in any
other occupation, whether gainful or not. When entering upon their duties they shall give
a solemn undertaking that, both during and after their term of office, they will respect the
obligations arising therefrom and in particular their duty to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold office, of certain
appointments or benefits.
5. Apart from normal replacement, or death, the duties of a member of the Court of
Auditors shall end when he or she resigns, or is compulsorily retired by a ruling of the
Court of Justice pursuant to paragraph 6.
The vacancy thus caused shall be filled for the remainder of the member's term of
office.
Save in the case of compulsory retirement, members of the Court of Auditors shall
remain in office until they have been replaced.
6. 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.
|
|
|
|
|
|
|
|
The number of members of the Committee of the Regions shall not exceed 350. The
Council, acting unanimously on a proposal from the Commission, shall adopt a
European decision determining the Committee's composition.
The members of the Committee and an equal number of alternate members shall be
appointed for five years. Their term of office shall be renewable. No member of the
Committee shall at the same time be a member of the European Parliament.
The Council shall adopt the European decision establishing the list of members and
alternate members drawn up in accordance with the proposals made by each Member
State.
When the mandate referred to in Article I-32(2)
on the basis of which they were
proposed comes to an end, the term of office of members of the Committee shall
terminate automatically and they shall then be replaced for the remainder of the said
term of office in accordance with the same procedure.
|
|
|
|
See also
ARTICLE 6 in 34. Protocol on the transitional provisions
relating to the institutions and bodies of
the Union
|
|
|
The Committee of the Regions shall elect its chairman and officers from among its
members for a term of two and a half years.
It shall be convened by its chairman at the request of the European Parliament, of
the
Council or of the Commission. It may also meet on its own initiative.
It shall adopt its Rules of Procedure.
|
|
The Committee of the Regions shall be consulted by the European Parliament, by the
Council or by the Commission where the Constitution so provides and in all other cases
in which one of these institutions considers it appropriate, in particular those which
concern cross-border cooperation.
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 time-limit, the absence of an opinion shall not prevent
further action.
Where the Economic and Social Committee is consulted, the Committee of the Regions
shall be informed by the European Parliament, the Council or the Commission of the
request for an opinion. Where it considers that specific regional interests are involved,
the Committee of the Regions may issue an opinion on the matter. It may also issue an
opinion on its own initiative.
The opinion of the Committee, together with a record of its proceedings, shall be
forwarded to the European Parliament, to the Council and to the Commission.
|
|
|
|
|
The number of members of the Economic and Social Committee shall not exceed 350.
The Council, acting unanimously on a proposal from the Commission, shall adopt a
European decision determining the Committee's composition.
|
|
|
|
See also
ARTICLE 7 in 34. Protocol on the transitional provisions relating to the institutions and
bodies of
the Union
|
|
|
The members of the Economic and Social Committee shall be appointed for five years.
Their term of office shall be renewable.
The Council shall adopt the European decision establishing the list of members drawn
up in accordance with the proposals made by each Member State.
The Council shall act after consulting the Commission. It may obtain the opinion of
European bodies which are representative of the various economic and social sectors
and of civil society to which the Union's activities are of concern.
|
|
The Economic and Social Committee shall elect its chairman and officers from among
its members for a term of two and a half years.
It shall be convened by its chairman at the request of the European Parliament, of
the
Council or of the Commission. It may also meet on its own initiative.
It shall adopt its Rules of Procedure.
|
|
The Economic and Social Committee shall be consulted by the European Parliament, by
the Council or by the Commission where the Constitution so provides. It may be
consulted by these institutions in all cases in which they consider it appropriate. It may
also issue an opinion on its own initiative.
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 time-limit, the absence of an opinion shall not prevent
further action.
The opinion of the Committee, together with a record of its proceedings, shall be
forwarded to the European Parliament, to the Council and to the Commission.
|
|
|
|
|
The European Investment Bank shall have legal personality.
Its members shall be the Member States.
A European law of the Council may amend the Statute of the European Investment
Bank. The Council shall act unanimously, either at the request of the European
Investment Bank and after consulting the European Parliament and the Commission, or
on a proposal from the Commission and after consulting the European Parliament and
the European Investment Bank.
|
|
The task of the European Investment Bank shall be to contribute, by having recourse
to
the capital markets and utilising its own resources, to the balanced and steady
development of the internal market in the Union's interest. For this purpose the European
Investment Bank shall, operating on a non-profit-making basis, in particular grant loans
and give guarantees which facilitate the financing of the following projects in all sectors
of the economy:
(a) projects for developing less-developed regions;
(b) projects for modernising or converting 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;
(c) projects of common interest to several Member States which are of such a size
or
nature that they cannot be entirely financed by the various means available in the
individual Member States.
In carrying out its task, the European Investment Bank shall facilitate the financing
of
investment programmes in conjunction with assistance from the Structural Funds and
other Union financial instruments.
|
|
|
|
|
1. Where, pursuant to the Constitution, the Council acts on a proposal from the
Commission, it may amend that proposal only by acting unanimously, except in the
cases referred to in Articles I-55, I-56, III-396(10)
and (13), III-404
and III-405(2).
2. As long as the Council has not acted, the Commission may alter its proposal at
any
time during the procedures leading to the adoption of a Union act.
|
|
1. Where, pursuant to the Constitution, European laws or framework laws are adopted
under the ordinary legislative procedure, the following provisions shall apply.
2. The Commission shall submit a proposal to the European Parliament and the Council.
First reading
3. The European Parliament shall adopt its position at first reading and communicate
it
to the Council.
4. If the Council approves the European Parliament's position, the act concerned shall
be adopted in the wording which corresponds to the position of the European
Parliament.
5. If the Council does not approve the European Parliament's position, it shall adopt
its
position at first reading and communicate it to the European Parliament.
6. The Council shall inform the European Parliament fully of the reasons which led
it to
adopt its position at first reading. The Commission shall inform the European Parliament
fully of its position.
Second reading
7. If, within three months of such communication, the European Parliament:
(a) approves the Council's position at first reading or has not taken a decision,
the act
concerned shall be deemed to have been adopted in the wording which corresponds to
the position of the Council;
(b) rejects, by a majority of its component members, the Council's position at first
reading, the proposed act shall be deemed not to have been adopted;
(c) proposes, by a majority of its component members, amendments to the Council's
position at first reading, the text thus amended shall be forwarded to the Council and to
the Commission, which shall deliver an opinion on those amendments.
If, within three months of receiving the European Parliament's amendments, the Council,
acting by a qualified majority:
(a) approves all those amendments, the act in question shall be deemed to have been
adopted;
(b) does not approve all the amendments, the President of the Council, in agreement
with the President of the European Parliament, shall within six weeks convene a meeting
of the Conciliation Committee.
9. The Council shall act unanimously on the amendments on which the Commission
has delivered a negative opinion.
Conciliation
10. The Conciliation Committee, which shall be composed of the members of the
Council or their representatives and an equal number of members representing the
European Parliament, shall have the task of reaching agreement on a joint text, by a
qualified majority of the members of the Council or their representatives and by a
majority of the members representing the European Parliament within six weeks of its
being convened, on the basis of the positions of the European Parliament and the
Council at second reading.
11. The Commission shall take part in the Conciliation Committee's proceedings and
shall take all necessary initiatives with a view to reconciling the positions of the European
Parliament and the Council.
12. If, within six weeks of its being convened, the Conciliation Committee does not
approve the joint text, the proposed act shall be deemed not to have been adopted.
Third reading
13. If, within that period, the Conciliation Committee approves a joint text, the
European
Parliament, acting by a majority of the votes cast, and the Council, acting by a qualified
majority, shall each have a period of six weeks from that approval in which to adopt the
act in question in accordance with the joint text. If they fail to do so, the proposed act
shall be deemed not to have been adopted.
14. 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.
Special provisions
15. Where, in the cases provided for in the Constitution, a law or framework law is
submitted to the ordinary legislative procedure on the initiative of a group of Member
States, on a recommendation by the European Central Bank, or at the request of the
Court of Justice, paragraph 2, the second sentence of paragraph 6, and paragraph 9
shall not apply.
In such cases, the European Parliament and the Council shall communicate the
proposed act to the Commission with their positions at first and second readings. The
European Parliament or the Council may request the opinion of the Commission
throughout the procedure, which the Commission may also deliver on its own initiative. It
may also, if it deems it necessary, take part in the Conciliation Committee in accordance
with paragraph 11.
|
|
The European Parliament, the Council and the Commission shall consult each other and
by common agreement make arrangements for their cooperation. To that end, they may,
in compliance with the Constitution, conclude interinstitutional agreements which may be
of a binding nature.
|
|
1. In carrying out their missions, the institutions, bodies, offices and agencies
of the
Union shall have the support of an open, efficient and independent European
administration.
2. In compliance with the Staff Regulations and the Conditions of Employment adopted
on the basis of Article III-427,
European laws shall establish provisions to that end.
|
|
1. The institutions, bodies, offices and agencies of the Union shall ensure transparency
in their work and shall, pursuant to Article I-50,
determine in their rules of procedure
specific provisions for public access to their documents. The Court of Justice of the
European Union, the European Central Bank and the European Investment Bank shall be
subject to the provisions of Article I-50(3) and to this Article only when exercising their
administrative tasks.
2. The European Parliament and the Council shall ensure publication of the documents
relating to the legislative procedures under the terms laid down by the European law
referred to in Article I-50(3).
|
|
1. The Council shall adopt European regulations and decisions determining:
(a) the salaries, allowances and pensions of the President of the European Council,
the
President of the Commission, the Union Minister for Foreign Affairs, the members of the
Commission, the Presidents, members and Registrars of the Court of Justice of the
European Union, and the Secretary- General of the Council;
(b) the conditions of employment, in particular the salaries, allowances and pensions,
of
the President and members of the Court of Auditors;
(c) any payment to be made instead of remuneration to the persons referred to in points
(a) and (b).
2. The Council shall adopt European regulations and decisions determining the
allowances of the members of the Economic and Social Committee.
|
|
Acts of the Council, of the Commission or of the European Central Bank which impose
a
pecuniary obligation on persons other than Member States shall be enforceable.
Enforcement shall be governed by the rules of civil procedure in force in the Member
State in the territory of which it is carried out. The order for its enforcement shall be
appended to the decision, without other formality than verification of the authenticity of
the decision, by the national authority which the government of each Member State shall
designate for this purpose and shall make known to the Commission and the Court of
Justice of the European Union.
When these formalities have been completed on application by the party concerned,
the
latter may proceed to enforcement by bringing the matter directly before the competent
authority, in accordance with the national law.
Enforcement may be suspended only by a decision of the Court of Justice of the
European Union. However, the courts of the country concerned shall have jurisdiction
over complaints that enforcement is being carried out in an irregular manner.
|
|
|
|
|
|