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PART III
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TITLE II - NON-DISCRIMINATION AND CITIZENSHIP
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Articles III-123 to III-129
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European laws or framework
laws may lay down rules to prohibit discrimination on
grounds of nationality as referred to in Article I-4(2).
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1. Without prejudice to
the other provisions of the Constitution and within the limits of the
powers assigned by it to the Union, a European law or framework law of the Council may
establish the measures needed to combat discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation. The Council shall act
unanimously after obtaining the consent of the European Parliament.
2. By way of derogation
from paragraph 1, European laws or framework laws may
establish basic principles for Union incentive measures and define such measures, to
support action taken by Member States in order to contribute to the achievement of the
objectives referred to in paragraph 1, excluding any harmonisation of their laws and
regulations.
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1. If action by the Union
should prove necessary to facilitate the exercise of the right,
referred to in Article I-10(2)(a), of every citizen of the Union 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 if the Constitution has
not provided the necessary powers, a European law or framework law of the Council
may establish measures concerning passports, identity cards, residence permits or any
other such document and measures concerning social security or social protection. The
Council shall act unanimously after consulting the European Parliament.
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A European law or framework
law of the Council shall determine the detailed
arrangements for exercising the right, referred to in Article I-10(2)(b), for every citizen of
the Union to vote and to stand as a candidate in municipal elections and elections to the
European Parliament in his or her Member State of residence without being a national of
that State. The Council shall act unanimously after consulting the European Parliament.
These arrangements may provide for derogations where warranted by problems specific
to a Member State.
The right to vote and to
stand as a candidate in elections to the European Parliament
shall be exercised without prejudice to Article III-330(1) and the measures adopted for its
implementation.
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Member States shall adopt
the necessary provisions to secure diplomatic and consular
protection of citizens of the Union in third countries, as referred to in Article I-10(2)(c).
Member States shall commence
the international negotiations required to secure this
protection.
A European law of the Council
may establish the measures necessary to facilitate such
protection. The Council shall act after consulting the European Parliament.
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The languages in which every
citizen of the Union has the right to address the
institutions or bodies under Article I-10(2)(d), and to have an answer, are those listed in
Article IV-448(1).
The institutions and bodies referred to in Article I-10(2)(d) are those
listed in Articles I-19(1), second subparagraph, I-30, I-31 and I-32 and also the European
Ombudsman.
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The Commission shall report
to the European Parliament, to the Council and to the
Economic and Social Committee every three years on the application of Article I-10 and
of this Title. This report shall take account of the development of the Union.
On the basis of this report,
and without prejudice to the other provisions of the
Constitution, a European law or framework law of the Council may add to the rights laid
down in Article I-10. The Council shall act unanimously after obtaining the consent of the
European Parliament. The law or framework law concerned shall not enter into force
until it is approved by the Member States in accordance with their respective
constitutional requirements.
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