1. If action by the Union should prove necessary to facilitate the exercise of the right, referred to in Article I- 8(2)(a), of every Union citizen to move and reside freely and the Constitution has not provided the necessary powers, European laws or framework laws may establish measures for that purpose.

2. For the same purposes as those referred to in paragraph 1 and unless the Constitution has provided for the necessary powers, measures concerning passports, identity cards, residence permits or any other such document and measures concerning social security or social protection may be laid down by a European law or framework law of the Council. The Council shall act unanimously after consulting the European Parliament.