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PART I AND PART II
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PART I
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TITLE IV - THE UNION'S INSTITUTIONS AND BODIES
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CHAPTER II - THE
OTHER UNION INSTITUTIONS AND ADVISORY BODIES
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The Union's institutions
1. The Union shall have an institutional framework which shall aim to:
– promote its values,
– advance its objectives,
– serve its interests, those of
its citizens and those of the Member States,
– ensure the consistency, effectiveness
and continuity of its policies and actions. This
institutional framework comprises:
– The European Parliament,
– The European Council,
– The Council of Ministers (hereinafter
referred to as the "Council"),
– The European Commission (hereinafter
referred to as the "Commission"),
– The Court of Justice of the European
Union.
2. Each institution shall act within the limits of the powers conferred on it in the
Constitution, and in conformity with the procedures and conditions set out in it. The
institutions shall practise mutual sincere cooperation.
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The European Parliament
1. The European Parliament shall, jointly with the Council, exercise legislative and
budgetary functions. It shall exercise functions of political control and consultation as laid
down in the Constitution. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's
citizens. They shall not exceed seven hundred and fifty in number. Representation of
citizens shall be degressively proportional, with a minimum threshold of six members
per Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European
Parliament and with its consent, a European decision establishing the composition of the
European Parliament, respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years
by
direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its
members.
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See also
ARTICLE 1 in 34. Protocol on the transitional provisions
relating to the institutions and bodies of
the Union
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The European Council
1. The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political directions and priorities thereof. It shall
not exercise legislative functions.
2. The European Council shall consist of the Heads of State or Government of the
Member States, together with its President and the President of the Commission. The
Union Minister for Foreign Affairs shall take part in its work.
3. The European Council shall meet quarterly, convened by its President. When the
agenda so requires, the members of the European Council may decide each to be
assisted by a minister and, in the case of the President of the Commission, by a
member of the Commission. When the situation so requires, the President shall
convene a special meeting of the European Council.
4. Except where the Constitution provides otherwise, decisions of the European Council
shall be taken by consensus.
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The European Council
President
1. The European Council shall elect its President, by a qualified majority, for a
term of
two and a half years, renewable once. In the event of an impediment or serious
misconduct, the European Council can end his or her term of office in accordance with
the same procedure.
2. The President of the European Council:
(a) shall chair it and drive forward its work;
(b) shall ensure the preparation and continuity of the work of the European Council
in
cooperation with the President of the Commission, and on the basis of the work of the
General Affairs Council;
(c) shall endeavour to facilitate cohesion and consensus within the European Council;
(d) shall present a report to the European Parliament after each of the meetings of
the
European Council.
The President of the European Council shall, at his or her level and in that capacity,
ensure the external representation of the Union on issues concerning its common
foreign and security policy, without prejudice to the powers of the Union Minister for
Foreign Affairs.
3. The President of the European Council shall not hold a national office.
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The Council of Ministers
1. The Council shall, jointly with the European Parliament, exercise legislative and
budgetary functions. It shall carry out policy-making and coordinating functions as laid
down in the Constitution.
2. The Council shall consist of a representative of each Member State at ministerial
level, who may commit the government of the Member State in question and cast its
vote.
3. The Council shall act by a qualified majority except where the Constitution provides
otherwise.
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Configurations of the
Council of Ministers
1. The Council shall meet in different configurations.
2. The General Affairs Council shall ensure consistency in the work of the different
Council configurations.
It shall prepare and ensure the follow-up to meetings of the European Council, in
liaison
with the President of the European Council and the Commission.
3. The Foreign Affairs Council shall elaborate the Union's external action on the
basis of
strategic guidelines laid down by the European Council and ensure that the Union's
action is consistent.
4. The European Council shall adopt by a qualified majority a European decision
establishing the list of other Council configurations.
5. A Committee of Permanent Representatives of the Governments of the Member
States shall be responsible for preparing the work of the Council.
6. The Council shall meet in public when it deliberates and votes on a draft legislative
act. To this end, each Council meeting shall be divided into two parts, dealing
respectively with deliberations on Union legislative acts and non- legislative activities.
7. The Presidency of Council configurations, other than that of Foreign Affairs, shall
be
held by Member State representatives in the Council on the basis of equal rotation, in
accordance with the conditions established by a European decision of the European
Council. The European Council shall act by a qualified majority.
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See also:
ARTICLE 2 in 34. Protocol on the transitional provisions relating to the institutions and
bodies of
the Union.
4. Declaration
on Article I-24(7) concerning the European Council decision on the exercise of the
Presidency of the Council
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Definition of qualified
majority within the European Council and the Council
1. A qualified majority shall be defined as at least 55% of the members of the Council,
comprising at least fifteen of them and representing Member States comprising at least
65% of the population of the Union.
A blocking minority must include at least four Council members, failing which the
qualified majority shall be deemed attained.
2. By way of derogation from paragraph 1, when the Council does not act on a proposal
from the Commission or from the Union Minister for Foreign Affairs, the qualified majority
shall be defined as at least 72% of the members of the Council, representing Member
States comprising at least 65% of the population of the Union.
3. Paragraphs 1 and 2 shall apply to the European Council when it is acting by a qualified
majority.
4. Within the European Council, its President and the President of the Commission
shall
not take part in the vote.
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The European Commission
1. The Commission shall promote the general interest of the Union and take appropriate
initiatives to that end. It shall ensure the application of the Constitution, and measures
adopted by the institutions pursuant to the Constitution. It shall oversee the application of
Union law under the control of the Court of Justice of the European Union. It shall
execute the budget and manage programmes. It shall exercise coordinating, executive
and management functions, as laid down in the Constitution. With the exception of the
common foreign and security policy, and other cases provided for in the Constitution, it
shall ensure the Union's external representation. It shall initiate the Union's annual and
multiannual programming with a view to achieving interinstitutional agreements.
2. Union legislative acts may be adopted only on the basis of a Commission proposal,
except where the Constitution provides otherwise. Other acts shall be adopted on the
basis of a Commission proposal where the Constitution so provides.
3. The Commission's term of office shall be five years.
4. The members of the Commission shall be chosen on the ground of their general
competence and European commitment from persons whose independence is beyond
doubt.
5. The first Commission appointed under the provisions of the Constitution shall consist
of one national of each Member State, including its President and the Union Minister for
Foreign Affairs who shall be one of its Vice- Presidents.
6. As from the end of the term of office of the Commission referred to in paragraph
5, the
Commission shall consist of a number of members, including its President and the
Union Minister for Foreign Affairs, corresponding to two thirds of the number of Member
States, unless the European Council, acting unanimously, decides to alter this number.
The members of the Commission shall be selected from among the nationals of the
Member States on the basis of a system of equal rotation between the Member States.
This system shall be established by a European decision adopted unanimously by the
European Council and on the basis of the following principles:
(a) Member States shall be treated on a strictly equal footing as regards determination
of
the sequence of, and the time spent by, their nationals as members of the Commission;
consequently, the difference between the total number of terms of office held by
nationals of any given pair of Member States may never be more than one;
(b) subject to point (a), each successive Commission shall be so composed as to
reflect satisfactorily the demographic and geographical range of all the Member States.
7. In carrying out its responsibilities, the Commission shall be completely independent.
Without prejudice to Article I-28(2),
the members of the Commission shall neither seek
nor take instructions from any government or other institution, body, office or entity. They
shall refrain from any action incompatible with their duties or the performance of their
tasks.
8. The Commission, as a body, shall be responsible to the European Parliament. In
accordance with Article III-340,
the European Parliament may vote on a censure motion
on the Commission. If such a motion is carried, the members of the Commission shall
resign as a body and the Union Minister for Foreign Affairs shall resign from the duties
that he or she carries out in the Commission.
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The President of the
European Commission
1. Taking into account the elections to the European Parliament and after having held
the
appropriate consultations, the European Council, acting by a qualified majority, shall
propose to the European Parliament a candidate for President of the Commission. This
candidate shall be elected by the European Parliament by a majority of its component
members. If he or she does not obtain the required majority, the European Council,
acting by a qualified majority, shall within one month propose a new candidate who shall
be elected by the European Parliament following the same procedure.
2. The Council, by common accord with the President-elect, shall adopt the list of
the
other persons whom it proposes for appointment as members of the Commission. They
shall be selected, on the basis of the suggestions made by Member States, in
accordance with the criteria set out in Article I-26(4)
and (6), second subparagraph.
The President, the Union Minister for Foreign Affairs and the other members of the
Commission shall be subject as a body to a vote of consent by the European
Parliament. On the basis of this consent the Commission shall be appointed by the
European Council, acting by a qualified majority.
3. The President of the Commission shall:
(a) lay down guidelines within which the Commission is to work;
(b) decide on the internal organisation of the Commission, ensuring that it acts
consistently, efficiently and as a collegiate body;
(c) appoint Vice-Presidents, other than the Union Minister for Foreign Affairs, from
among the members of the Commission.
A member of the Commission shall resign if the President so requests. The Union
Minister for Foreign Affairs shall resign, in accordance with the procedure set out in
Article I-28(1), if the President so requests.
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The Union Minister for
Foreign Affairs
1. The European Council, acting by a qualified majority, with the agreement of the
President of the Commission, shall appoint the Union Minister for Foreign Affairs. The
European Council may end his or her term of office by the same procedure.
2. The Union Minister for Foreign Affairs shall conduct the Union's common foreign
and
security policy. He or she shall contribute by his or her proposals to the development of
that policy, which he or she shall carry out as mandated by the Council. The same shall
apply to the common security and defence policy.
3. The Union Minister for Foreign Affairs shall preside over the Foreign Affairs Council.
4. The Union Minister for Foreign Affairs shall be one of the Vice- Presidents of
the
Commission. He or she shall ensure the consistency of the Union's external action. He
or she shall be responsible within the Commission for responsibilities incumbent on it in
external relations and for coordinating other aspects of the Union's external action. In
exercising these responsibilities within the Commission, and only for these
responsibilities, the Union Minister for Foreign Affairs shall be bound by Commission
procedures to the extent that this is consistent with paragraphs 2 and 3.
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The Court of Justice
of the European Union
1. The Court of Justice of the European Union shall include the Court of Justice,
the
General Court and specialised courts. It shall ensure that in the interpretation and
application of the Constitution the law is observed.
Member States shall provide remedies sufficient to ensure effective legal protection
in
the fields covered by Union law.
2. The Court of Justice shall consist of one judge from each Member State. It shall
be
assisted by Advocates- General.
The General Court shall include at least one judge per Member State.
The judges and the Advocates-General of the Court of Justice and the judges of the
General Court shall be chosen from persons whose independence is beyond doubt and
who satisfy the conditions set out in Articles III-355
and III-356. They
shall be appointed
by common accord of the governments of the Member States for six years. Retiring
judges and Advocates- General may be reappointed.
3. The Court of Justice of the European Union shall in accordance with Part III:
(a) rule on actions brought by a Member State, an institution or a natural or legal
person;
(b) give preliminary rulings, at the request of courts or tribunals of the Member
States, on
the interpretation of Union law or the validity of acts adopted by the institutions;
(c) rule in other cases provided for in the Constitution.
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The European Central
Bank
1. The European Central Bank, together with the national central banks, shall constitute
the European System of Central Banks. The European Central Bank, together with the
national central banks of the Member States whose currency is the euro, which
constitute the Eurosystem, shall conduct the monetary policy of the Union.
2. The European System of Central Banks shall be governed by the decision-making
bodies of the European Central Bank. The primary objective of the European System of
Central Banks shall be to maintain price stability. Without prejudice to that objective, it
shall support the general economic policies in the Union in order to contribute to the
achievement of the latter's objectives. It shall conduct other Central Bank tasks in
accordance with Part III and the Statute
of the European System of Central Banks and of
the European Central Bank.
3. The European Central Bank is an institution. It shall have legal personality. It
alone
may authorise the issue of the euro. It shall be independent in the exercise of its powers
and in the management of its finances. Union institutions, bodies, offices and agencies
and the governments of the Member States shall respect that independence.
4. The European Central Bank shall adopt such measures as are necessary to carry out
its tasks in accordance with Articles III-185
to III- 191 and Article III-196,
and with the
conditions laid down in the Statute of the European System of Central Banks and of the
European Central Bank. In accordance with these same Articles, those Member States
whose currency is not the euro, and their central banks, shall retain their powers in
monetary matters.
5. Within the areas falling within its responsibilities, the European Central Bank
shall be
consulted on all proposed Union acts, and all proposals for regulation at national level,
and may give an opinion.
6. The decision-making organs of the European Central Bank, their composition and
operating methods are set out in Articles III-382
and III-383,
as well as in the Statute
of
the European System of Central Banks and of the European Central Bank.
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The Court of Auditors
1. The Court of Auditors is an institution. It shall carry out the Union's audit.
2. It shall examine the accounts of all Union revenue and expenditure, and shall ensure
good financial management.
3. It shall consist of one national of each Member State. Its members shall be completely
independent in the performance of their duties, in the Union's general interest.
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The Union's advisory
bodies
1. The European Parliament, the Council and the Commission shall be assisted by a
Committee of the Regions and an Economic and Social Committee, exercising advisory
functions.
2. The Committee of the Regions shall consist of representatives of regional and local
bodies who either hold a regional or local authority electoral mandate or are politically
accountable to an elected assembly.
3. The Economic and Social Committee shall consist of representatives of organisations
of employers, of the employed, and of other parties representative of civil society, notably
in socio- economic, civic, professional and cultural areas.
4. The members of the Committee of the Regions and the Economic and Social
Committee shall not be bound by any mandatory instructions. They shall be completely
independent in the performance of their duties, in the Union's general interest.
5. Rules governing the composition of these Committees, the designation of their
members, their powers and their operations are set out in Articles III-386
to III-392.
The rules referred to in paragraphs 2 and 3 governing the nature of their composition
shall be reviewed at regular intervals by the Council to take account of economic, social
and demographic developments within the Union. The Council, on a proposal from the
Commission, shall adopt European decisions to that end.
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