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PART IV
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ARTICLES IV-437 to IV-448
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Repeal of earlier Treaties
1. This Treaty establishing a Constitution for Europe shall repeal the Treaty establishing
the European Community, the Treaty on European Union and, under the conditions laid
down in the Protocol on the
acts and treaties having supplemented or amended the
Treaty establishing the European Community and the Treaty on European Union, the
acts and treaties which have supplemented or amended them, subject to paragraph 2 of
this Article. 2. The Treaties on the Accession:
(a) of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and
Northern Ireland;
(b) of the Hellenic Republic;
(c) of the Kingdom of Spain and the Portuguese Republic;
(d) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,
and
(e) of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak Republic,
shall be repealed.
Nevertheless:
– the provisions of the Treaties
referred to in points (a) to (d) and set out or referred to in
the Protocol on the
Treaties and Acts of Accession of the Kingdom of Denmark, Ireland
and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, of
the Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden shall remain in force and their legal
effects shall be preserved in accordance with that Protocol,
– the provisions of the Treaty
referred to in point (e) and which are set out or referred to
in the Protocol on the
Treaty and Act of Accession of the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic shall remain in force and their legal effects shall be
preserved in accordance with that Protocol. |
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Succession and legal continuity
1. The European Union established
by this Treaty shall be the successor to the
European Union established by the Treaty on European Union and to the European
Community.
2. Until new provisions have been
adopted in implementation of this Treaty or until the
end of their term of office, the institutions, bodies, offices and agencies existing on the
date of the entry into force of this Treaty shall, subject to Article IV-439,
exercise their
powers within the meaning of this Treaty in their composition on that date.
3. The acts of the institutions, bodies,
offices and agencies adopted on the basis of the
treaties and acts repealed by Article IV-437
shall remain in force. Their legal effects shall
be preserved until those acts are repealed, annulled or amended in implementation of
this Treaty. The same shall apply to agreements concluded between Member States on
the basis of the treaties and acts repealed by Article IV-437.
The other components of the acquis
of the Community and of the Union existing at the
time of the entry into force of this Treaty, in particular the interinstitutional agreements,
decisions and agreements arrived at by the Representatives of the Governments of the
Member States, meeting within the Council, the agreements concluded by the Member
States on the functioning of the Union or of the Community or linked to action by the
Union or by the Community, the declarations, including those made in the context of
intergovernmental conferences, as well as the resolutions or other positions adopted by
the European Council or the Council and those relating to the Union or to the Community
adopted by common accord by the Member States, shall also be preserved until they
have been deleted or amended.
4. The case law of the Court of Justice
of the European Communities and of the Court of
First Instance on the interpretation and application of the treaties and acts repealed by
Article IV-437, as well as of the acts and conventions adopted for their
application, shall
remain, mutatis mutandis, the source of interpretation of Union law and in particular of
the comparable provisions of the Constitution.
5. Continuity in administrative and
legal procedures commenced prior to the date of entry
into force of this Treaty shall be ensured in compliance with the Constitution. The
institutions, bodies, offices and agencies responsible for those procedures shall take all
appropriate measures to that effect. |
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Transitional provisions relating to
certain institutions
The transitional provisions relating
to the composition of the European Parliament, to the
definition of a qualified majority in the European Council and in the Council, including
those cases where not all members of the European Council or Council vote, and to the
composition of the Commission, including the Union Minister for Foreign Affairs, shall be
laid down in the Protocol
on the transitional provisions relating to the institutions and
bodies of the Union. |
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Scope
1. This Treaty shall apply to the
Kingdom of Belgium, the Czech Republic, the Kingdom
of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic
Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of
Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the
Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic,
the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of
Sweden and the United Kingdom of Great Britain and Northern Ireland.
2. This Treaty shall apply to Guadeloupe,
French Guiana, Martinique, Réunion, the
Azores, Madeira and the Canary Islands in accordance with Article III-424.
3. The special arrangements for association
set out in Title
IV of Part III shall apply to
the
overseas countries and territories listed in Annex II.
This Treaty shall not apply to overseas
countries and territories having special relations
with the United Kingdom of Great Britain and Northern Ireland which are not included in
that list.
4. This Treaty shall apply to the
European territories for whose external relations a
Member State is responsible.
5. This Treaty shall apply to the
Åland Islands with the derogations which originally
appeared in the Treaty referred to in Article IV-437(2)(d)
and which have been
incorporated in Section 5
of Title V of the Protocol on the Treaties and Acts of Accession
of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and
Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese
Republic, and of the Republic of Austria, the Republic of Finland and the Kingdom of
Sweden.
6. Notwithstanding paragraphs 1 to
5:
(a) this Treaty shall not apply to
the Faeroe Islands;
(b) this Treaty shall apply to Akrotiri
and Dhekelia, the sovereign base areas of the United
Kingdom of Great Britain and Northern Ireland in Cyprus, only to the extent necessary to
ensure the implementation of the arrangements originally provided for in the Protocol on
the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in
Cyprus, annexed to the Act of Accession which is an integral part of the Treaty referred
to in Article IV-437(2)(e), and which have been incorporated in Title III
of Part II of the
Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic of
Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic;
(c) this Treaty shall apply to the
Channel Islands and the Isle of Man only to the extent
necessary to ensure the implementation of the arrangements for those islands originally
set out in the Treaty referred to in Article IV-437(2)(a),
and which have been incorporated
in Section
3 of Title II of the Protocol
on the Treaties and Acts of Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern
Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic,
and of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
7. The European Council may, on the
initiative of the Member State concerned, adopt a
European decision amending the status, with regard to the Union, of a Danish, French or
Netherlands country or territory referred to in paragraphs 2 and 3. The European Council
shall act unanimously after consulting the Commission. |
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Regional unions
This Treaty shall not preclude the
existence or completion of regional unions between
Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the
extent that the objectives of these regional unions are not attained by application of the
said Treaty. |
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Ordinary revision procedure
1. The government of any Member State,
the European Parliament or the Commission
may submit to the Council proposals for the amendment of this Treaty. These proposals
shall be submitted to the European Council by the Council and the national Parliaments
shall be notified.
2. If the European Council, after
consulting the European Parliament and the
Commission, adopts by a simple majority a decision in favour of examining the proposed
amendments, the President of the European Council shall convene a Convention
composed of representatives of the national Parliaments, of the Heads of State or
Government of the Member States, of the European Parliament and of the Commission.
The European Central Bank shall also be consulted in the case of institutional changes
in the monetary area. The Convention shall examine the proposals for amendments and
shall adopt by consensus a recommendation to a conference of representatives of the
governments of the Member States as provided for in paragraph 3.
The European Council may decide by
a simple majority, after obtaining the consent of
the European Parliament, not to convene a Convention should this not be justified by the
extent of the proposed amendments. In the latter case, the European Council shall
define the terms of reference for a conference of representatives of the governments of
the Member States.
3. A conference of representatives
of the governments of the Member States shall be
convened by the President of the Council for the purpose of determining by common
accord the amendments to be made to this Treaty.
The amendments shall enter into force
after being ratified by all the Member States in
accordance with their respective constitutional requirements.
4. If, two years after the signature
of the treaty amending this Treaty, four fifths of the
Member States have ratified it and one or more Member States have encountered
difficulties in proceeding with ratification, the matter shall be referred to the European
Council. |
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Simplified revision procedure
1. Where Part III provides for the
Council to act by unanimity in a given area or case, the
European Council may adopt a European decision authorising the Council to act by a
qualified majority in that area or in that case.
This paragraph shall not apply to
decisions with military implications or those in the area
of defence.
2. Where Part III provides for European
laws and framework laws to be adopted by the
Council in accordance with a special legislative procedure, the European Council may
adopt a European decision allowing for the adoption of such European laws or
framework laws in accordance with the ordinary legislative procedure.
3. 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.
For the adoption of the European decisions
referred to in paragraphs 1 and 2, the
European Council shall act by unanimity after obtaining the consent of the European
Parliament, which shall be given by a majority of its component members. |
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Simplified revision procedure concerning
internal Union policies and action
1. The Government of any Member State,
the European Parliament or the Commission
may submit to the European Council proposals for revising all or part of the provisions of
Title III of Part III on the internal policies and action of the Union.
2. The European Council may adopt
a European decision amending all or part of the
provisions of Title
III of Part III. The European
Council shall act by unanimity after
consulting the European Parliament and the Commission, and the European Central
Bank in the case of institutional changes in the monetary area.
3. The European decision referred
to in paragraph 2 shall not increase the competences
conferred on the Union in this Treaty.
Such a European decision shall not
come into force until it has been approved by the
Member States in accordance with their respective constitutional requirements. |
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Duration
This Treaty is concluded for an unlimited
period. |
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Ratification and entry into force
1. This Treaty shall be ratified by
the High Contracting Parties in accordance with their
respective constitutional requirements. The instruments of ratification shall be deposited
with the Government of the Italian Republic.
2. 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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Authentic texts and translations
1. This Treaty, drawn up in a single
original in the Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, the
texts in each of these languages being equally authentic, shall be deposited in the
archives of the Government of the Italian Republic, which will transmit a certified copy to
each of the governments of the other signatory States.
2. This Treaty may also be translated
into any other languages as determined by
Member States among those which, in accordance with their constitutional order, enjoy
official status in all or part of their territory. A certified copy of such translations shall be
provided by the Member States concerned to be deposited in the archives of the Council.
IN WITNESS WHEREOF, the undersigned
plenipotentiaries have signed this Treaty.
Done at … this … |
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