TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
A. DECLARATIONS CONCERNING PROVISIONS OF THE CONSTITUTION
1. PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION
ARTICLE 48 1
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty
according to
law.
2. Respect for the rights of the defence of anyone who has been charged shall
be guaranteed.
Explanation
Article 48 1 is the same as Article 6(2) and (3) of the ECHR, which reads
as follows:
"2. Everyone charged with a criminal offence shall be presumed innocent
until proved guilty
according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail,
of the nature and
cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing
or, if he has not
sufficient means to pay for legal assistance, to be given it free when the
interests of justice so
require;
1 Article II-108 of the Constitution.
AF/Constitution/DC/en 62
(d) to examine or have examined witnesses against him and to obtain the attendance
and
examination of witnesses on his behalf under the same conditions as witnesses
against him;
(e) to have the free assistance of an interpreter if he cannot understand
or speak the language used
in court."
In accordance with Article 52(3) 1, this right has the same meaning and scope
as the right
guaranteed by the ECHR.
ARTICLE 49 2
Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act
or omission which
did not constitute a criminal offence under national law or international
law at the time when it was
committed. Nor shall a heavier penalty be imposed than that which was applicable
at the time the
criminal offence was committed. If, subsequent to the commission of a criminal
offence, the law
provides for a lighter penalty, that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person
for any act or omission
which, at the time when it was committed, was criminal according to the general
principles
recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal
offence.
1 Article II-112(3) of the Constitution.
2 Article II-109 of the Constitution.
AF/Constitution/DC/en 63
Explanation
This Article follows the traditional rule of the non-retroactivity of laws
and criminal sanctions.
There has been added the rule of the retroactivity of a more lenient penal
law, which exists in a
number of Member States and which features in Article 15 of the Covenant on
Civil and Political
Rights.
Article 7 of the ECHR is worded as follows:
"1. No one shall be held guilty of any criminal offence on account of
any act or omission which did
not constitute a criminal offence under national or international law at the
time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable
at the time
the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person
for any act or omission
which, at the time when it was committed, was criminal according to the general
principles of
law recognised by civilised nations."
In paragraph 2, the reference to "civilised" nations has been deleted;
this does not change the meaning
of this paragraph, which refers to crimes against humanity in particular.
In accordance with
Article 52(3) 1, the right guaranteed here therefore has the same meaning
and scope as the right
guaranteed by the ECHR.
Paragraph 3 states the general principle of proportionality between penalties
and criminal offences
which is enshrined in the common constitutional traditions of the Member States
and in the case law
of the Court of Justice of the Communities.
1 Article II-112(3) of the Constitution.
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ARTICLE 50 1
Right not to be tried or punished twice in criminal proceedings for the same
criminal offence
No one shall be liable to be tried or punished again in criminal proceedings
for an offence for which
he or she has already been finally acquitted or convicted within the Union
in accordance with the
law.
Explanation
Article 4 of Protocol No 7 to the ECHR reads as follows:
"1. No one shall be liable to be tried or punished again in criminal
proceedings under the jurisdiction
of the same State for an offence for which he has already been finally acquitted
or convicted in
accordance with the law and penal procedure of that State.
2. The provisions of the preceding paragraph shall not prevent the reopening
of the case in
accordance with the law and the penal procedure of the State concerned, if
there is evidence of
new or newly discovered facts, or if there has been a fundamental defect in
the previous
proceedings, which could affect the outcome of the case.
3. No derogation from this Article shall be made under Article 15 of the Convention."
The "non bis in idem" rule applies in Union law (see, among the
many precedents, the judgment of
5 May 1966, Cases 18/65 and 35/65, Gutmann v. Commission [1966] ECR 103 and
a recent case, the
decision of the Court of First Instance of 20 April 1999, Joined Cases T-305/94
and others, Limburgse
Vinyl Maatschappij NV v. Commission [1999] ECR II-931). The rule prohibiting
cumulation refers
to cumulation of two penalties of the same kind, that is to say criminal law
penalties.
1 Article II-110 of the Constitution.
AF/Constitution/DC/en 65
In accordance with Article 50 1, the "non bis in idem" rule applies
not only within the jurisdiction of
one State but also between the jurisdictions of several Member States. That
corresponds to the acquis
in Union law; see Articles 54 to 58 of the Schengen Convention and the judgment
of the Court of
Justice of 11 February 2003, C-187/01 Gözütok (not yet published),
Article 7 of the Convention on
the Protection of the European Communities' Financial Interests and Article
10 of the Convention on
the fight against corruption. The very limited exceptions in those Conventions
permitting the
Member States to derogate from the "non bis in idem" rule are covered
by the horizontal clause in
Article 52(1) of the Charter 2 concerning limitations. As regards the situations
referred to by Article 4
of Protocol No 7, namely the application of the principle within the same
Member State, the
guaranteed right has the same meaning and the same scope as the corresponding
right in the ECHR.
1 Article II-110 of the Constitution.
2 Article II-112(1) of the Constitution.
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TITLE VII
GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF
THE CHARTER
ARTICLE 51 1
Field of application
1. The provisions of this Charter are addressed to the institutions, bodies,
offices and agencies of
the Union with due regard for the principle of subsidiarity and to the Member
States only when they
are implementing Union law. They shall therefore respect the rights, observe
the principles and
promote the application thereof in accordance with their respective powers
and respecting the limits
of the powers of the Union as conferred on it in the other Parts of the Constitution.
2. This Charter does not extend the field of application of Union law beyond
the powers of
the Union or establish any new power or task for the Union, or modify powers
and tasks defined in
the other Parts of the Constitution.
1 Article II-111 of the Constitution.
AF/Constitution/DC/en 67
Explanation
The aim of Article 51 1 is to determine the scope of the Charter. It seeks
to establish clearly that the
Charter applies primarily to the institutions and bodies of the Union, in
compliance with the
principle of subsidiarity. This provision was drafted in keeping with Article
6(2) of the Treaty on
European Union, which required the Union to respect fundamental rights, and
with the mandate
issued by Cologne European Council. The term "institutions" is enshrined
in Part I of the
Constitution. The expression "bodies, offices and agencies" is commonly
used in the Constitution
to refer to all the authorities set up by the Constitution or by secondary
legislation
(see, e.g., Articles I-50 or I-51 of the Constitution).
As regards the Member States, it follows unambiguously from the case law of
the Court of Justice
that the requirement to respect fundamental rights defined in a Union context
is only binding on the
Member States when they act in the scope of Union law (judgment of 13 July
1989, Case 5/88
Wachauf [1989] ECR 2609; judgment of 18 June 1991, ERT [1991] ECR I-2925);
judgment of 18
December 1997 (C-309/96 Annibaldi [1997] ECR I-7493). The Court of Justice
confirmed this
case law in the following terms: "In addition, it should be remembered
that the requirements
flowing from the protection of fundamental rights in the Community legal order
are also binding on
Member States when they implement Community rules ..." (judgment of 13
April 2000,
Case C-292/97, [2000] ECR 2737, paragraph 37 of the grounds). Of course this
rule, as enshrined in
this Charter, applies to the central authorities as well as to regional or
local bodies, and to public
organisations, when they are implementing Union law.
1 Article II-111 of the Constitution.
AF/Constitution/DC/en 68
Paragraph 2, together with the second sentence of paragraph 1, confirms that
the Charter may not
have the effect of extending the competences and tasks which the other Parts
of the Constitution
confer on the Union. Explicit mention is made here of the logical consequences
of the principle of
subsidiarity and of the fact that the Union only has those powers which have
been conferred upon it.
The fundamental rights as guaranteed in the Union do not have any effect other
than in the context
of the powers determined by Parts I and III of the Constitution. Consequently,
an obligation,
pursuant to the second sentence of paragraph 1, for the Union's institutions
to promote principles
laid down in the Charter, may arise only within the limits of these same powers.
Paragraph 2 also confirms that the Charter may not have the effect of extending
the field of
application of Union law beyond the powers of the Union as established in
the other Parts of the
Constitution. The Court of Justice has already established this rule with
respect to the fundamental
rights recognised as part of Union law (judgment of 17 February 1998, C-249/96
Grant, 1998 ECR
I-621, paragraph 45 of the grounds). In accordance with this rule, it goes
without saying that the
incorporation of the Charter into the Constitution cannot be understood as
extending by itself the
range of Member State action considered to be "implementation of Union
law" (within the meaning
of paragraph 1 and the above-mentioned case law).
ARTICLE 52 1
Scope and interpretation of rights and principles
1. Any limitation on the exercise of the rights and freedoms recognised by
this Charter must be
provided for by law and respect the essence of those rights and freedoms.
Subject to the principle
of proportionality, limitations may be made only if they are necessary and
genuinely meet
objectives of general interest recognised by the Union or the need to protect
the rights and freedoms
of others.
1 Article II-112 of the Constitution.
AF/Constitution/DC/en 69
2. Rights recognised by this Charter for which provision is made in other
Parts of the
Constitution shall be exercised under the conditions and within the limits
defined by these relevant
Parts.
3. Insofar as this Charter contains rights which correspond to rights guaranteed
by the
Convention for the Protection of Human Rights and Fundamental Freedoms, the
meaning and scope
of those rights shall be the same as those laid down by the said Convention.
This provision shall
not prevent Union law providing more extensive protection.
4. Insofar as this Charter recognises fundamental rights as they result from
the constitutional
traditions common to the Member States, those rights shall be interpreted
in harmony with those
traditions.
5. The provisions of this Charter which contain principles may be implemented
by legislative
and executive acts taken by institutions, bodies, offices and agencies of
the Union, and by acts of
Member States when they are implementing Union law, in the exercise of their
respective powers.
They shall be judicially cognisable only in the interpretation of such acts
and in the ruling on their
legality.
6. Full account shall be taken of national laws and practices as specified
in this Charter.
7. The explanations drawn up as a way of providing guidance in the interpretation
of the Charter
of Fundamental Rights shall be given due regard by the courts of the Union
and of the Member
States.
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Explanation
The purpose of Article 52 1 is to set the scope of the rights and principles
of the Charter, and to lay
down rules for their interpretation. Paragraph 1 deals with the arrangements
for the limitation of
rights. The wording is based on the case law of the Court of Justice: "...
it is well established in the
case law of the Court that restrictions may be imposed on the exercise of
fundamental rights, in
particular in the context of a common organisation of the market, provided
that those restrictions in
fact correspond to objectives of general interest pursued by the Community
and do not constitute,
with regard to the aim pursued, disproportionate and unreasonable interference
undermining the
very substance of those rights" (judgment of 13 April 2000, Case C-292/97,
paragraph 45 of the
grounds). The reference to general interests recognised by the Union covers
both the objectives
mentioned in Article I-2 of the Constitution and other interests protected
by specific provisions of
the Constitution such as Articles I-5(1), III-133(3), III-154 and III-436.
Paragraph 2 refers to rights which were already expressly guaranteed in the
Treaty establishing the
European Community and have been recognised in the Charter, and which are
now found in other
Parts of the Constitution (notably the rights derived from Union citizenship).
It clarifies that such
rights remain subject to the conditions and limits applicable to the Union
law on which they are
based, and for which provision is now made in Parts I and III of the Constitution.
The Charter does
not alter the system of rights conferred by the EC Treaty and now taken over
by Parts I and III of
the Constitution.
1 Article II-112 of the Constitution.
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Paragraph 3 is intended to ensure the necessary consistency between the Charter
and the ECHR by
establishing the rule that, insofar as the rights in the present Charter also
correspond to rights
guaranteed by the ECHR, the meaning and scope of those rights, including authorised
limitations,
are the same as those laid down by the ECHR. This means in particular that
the legislator, in laying
down limitations to those rights, must comply with the same standards as are
fixed by the detailed
limitation arrangements laid down in the ECHR, which are thus made applicable
for the rights
covered by this paragraph, without thereby adversely affecting the autonomy
of Union law and of
that of the Court of Justice of the European Union.
The reference to the ECHR covers both the Convention and the Protocols to
it. The meaning and
the scope of the guaranteed rights are determined not only by the text of
those instruments, but also
by the case law of the European Court of Human Rights and by the Court of
Justice of the European
Union. The last sentence of the paragraph is designed to allow the Union to
guarantee more
extensive protection. In any event, the level of protection afforded by the
Charter may never be
lower than that guaranteed by the ECHR.
The Charter does not affect the possibilities of Member States to avail themselves
of Article 15
ECHR, allowing derogations from ECHR rights in the event of war or of other
public dangers
threatening the life of the nation, when they take action in the areas of
national defence in the event
of war and of the maintenance of law and order, in accordance with their responsibilities
recognised
in Articles I-5 (1), III-131, III-262 of the Constitution.
The list of rights which may at the present stage, without precluding developments
in the law,
legislation and the Treaties, be regarded as corresponding to rights in the
ECHR within the meaning
of the present paragraph is given hereafter. It does not include rights additional
to those in the
ECHR.
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1. Articles of the Charter where both the meaning and the scope are the same
as the
corresponding Articles of the ECHR:
- Article 2 1 corresponds to Article 2 of the ECHR
- Article 4 2 corresponds to Article 3 of the ECHR
- Article 5(1) and (2) 3 correspond to Article 4 of the ECHR
- Article 6 4 corresponds to Article 5 of the ECHR
- Article 7 5 corresponds to Article 8 of the ECHR
- Article 10(1) 6 corresponds to Article 9 of the ECHR
- Article 11 7 corresponds to Article 10 of the ECHR without prejudice to
any restrictions
which Union law may impose on Member States' right to introduce the licensing
arrangements referred to in the third sentence of Article 10(1) of the ECHR
- Article 17 8 corresponds to Article 1 of the Protocol to the ECHR
1 Article II-62 of the Constitution.
2 Article II-64 of the Constitution.
3 Article II-65 of the Constitution.
4 Article II-66 of the Constitution.
5 Article II-67 of the Constitution.
6 Article II-70 of the Constitution.
7 Article II-71 of the Constitution.
8 Article II-77 of the Constitution.
AF/Constitution/DC/en 73
- Article 19(1) 1 corresponds to Article 4 of Protocol No 4
- Article 19(2) 1 corresponds to Article 3 of the ECHR as interpreted by the
European
Court of Human Rights
- Article 48 2 corresponds to Article 6(2) and(3) of the ECHR
– Article 49(1) (with the exception of the last sentence) and (2) 3
correspond to Article 7
of the ECHR
2. Articles where the meaning is the same as the corresponding Articles of
the ECHR, but where
the scope is wider:
- Article 9 4 covers the same field as Article 12 of the ECHR, but its scope
may be
extended to other forms of marriage if these are established by national legislation
– Article 12(1) 5 corresponds to Article 11 of the ECHR, but its scope
is extended to
European Union level
1 Article II-79 of the Constitution.
2 Article II-108 of the Constitution.
3 Article II-109 of the Constitution.
4 Article II-69 of the Constitution.
5 Article II-72 of the Constitution.
AF/Constitution/DC/en 74
- Article 14(1) 1 corresponds to Article 2 of the Protocol to the ECHR, but
its scope is
extended to cover access to vocational and continuing training
– Article 14(3) 1 corresponds to Article 2 of the Protocol to the ECHR
as regards the
rights of parents
– Article 47(2) and (3) 2 correspond to Article 6(1) of the ECHR, but
the limitation to the
determination of civil rights and obligations or criminal charges does not
apply as
regards Union law and its implementation
– Article 50 3 corresponds to Article 4 of Protocol No 7 to the ECHR,
but its scope is
extended to European Union level between the Courts of the Member States.
- Finally, citizens of the European Union may not be considered as aliens
in the scope of
the application of Union law, because of the prohibition of any discrimination
on
grounds of nationality. The limitations provided for by Article 16 of the
ECHR as
regards the rights of aliens therefore do not apply to them in this context.
1 Article II-74 of the Constitution.
2 Article II-107 of the Constitution.
3 Article II-110 of the Constitution.
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The rule of interpretation contained in paragraph 4 has been based on the
wording of Article 6(2) of
the Treaty on European Union (cf. now the wording of Article I-9(3) of the
Constitution) and takes
due account of the approach to common constitutional traditions followed by
the Court of Justice
(e.g., judgment of 13 December 1979, Case 44/79 Hauer [1979] ECR 3727; judgment
of
18 May 1982, Case 155/79, AM&S, [1982] ECR 1575). Under that rule, rather
than following a
rigid approach of "a lowest common denominator", the Charter rights
concerned should be
interpreted in a way offering a high standard of protection which is adequate
for the law of the
Union and in harmony with the common constitutional traditions.
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Paragraph 5 clarifies the distinction between "rights" and "principles"
set out in the Charter.
According to that distinction, subjective rights shall be respected, whereas
principles shall be
observed (Article 51 (1)) 1. Principles may be implemented through legislative
or executive acts
(adopted by the Union in accordance with its powers, and by the Member States
only when they
implement Union law); accordingly, they become significant for the Courts
only when such acts are
interpreted or reviewed. They do not however give rise to direct claims for
positive action by the
Union's institutions or Member States authorities. This is consistent both
with case law of the Court
of Justice (Cf. notably case law on the "precautionary principle"
in Article 174 (2) TEC (replaced
by Article III-233 of the Constitution): judgment of the CFI of 11 September
2002, T-13/99,
Pfizer vs. Council, with numerous references to earlier case law; and a series
of judgments on
Article 33 (ex-39) on the principles of agricultural law, e.g. judgment of
the Court of Justice C-
265/85, Van den Berg, 1987 ECR 1155: scrutiny of the principle of market stabilisation
and of
reasonable expectations) and with the approach of the Member States' constitutional
systems to
"principles" particularly in the field of social law. For illustration,
examples for principles
recognised in the Charter include e.g. Articles 25, 26 and 37 2. In some cases,
an Article of the
Charter may contain both elements of a right and of a principle, e.g. Articles
23, 33 and 34 3.
1 Article II-111 of the Constitution.
2 Articles II-85, II-86 and II-97 of the Constitution.
3 Articles II-83, II-93 and II-94 of the Constitution.
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Paragraph 6 refers to the various Articles in the Charter which, in the spirit
of subsidiarity, make
reference to national laws and practices.
ARTICLE 53 1
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting
human rights and
fundamental freedoms as recognised, in their respective fields of application,
by Union law and
international law and by international agreements to which the Union or all
the Member States are
party, including the European Convention for the Protection of Human Rights
and Fundamental
Freedoms, and by the Member States' constitutions.
Explanation
This provision is intended to maintain the level of protection currently afforded
within their
respective scope by Union law, national law and international law. Owing to
its importance,
mention is made of the ECHR.
1 Article II-113 of the Constitution.
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ARTICLE 54 1
Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage
in any activity or to
perform any act aimed at the destruction of any of the rights and freedoms
recognised in this
Charter or at their limitation to a greater extent than is provided for herein.
Explanation
This Article corresponds to Article 17 of the ECHR:
"Nothing in this Convention may be interpreted as implying for any State,
group or person any right
to engage in any activity or perform any act aimed at the destruction of any
of the rights and
freedoms set forth herein or at their limitation to a greater extent than
is provided for in the
Convention."
1 Article II-114 of the Constitution.
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13. Declaration on Article III-116
The Conference agrees that, in its general efforts to eliminate inequalities
between women and
men, the Union will aim in its different policies to combat all kinds of domestic
violence. The
Member States should take all necessary measures to prevent and punish these
criminal acts and to
support and protect the victims.
14. Declaration on Articles III-136 and III-267
The Conference considers that in the event that a draft European law or framework
law based
on Article III-267(2) would affect fundamental aspects of the social security
system of a
Member State, including its scope, cost or financial structure, or would affect
the financial balance
of that system as set out in Article III-136(2), the interests of that Member
State will be duly
taken into account.
15. Declaration on Articles III-160 and III-322
The Conference recalls that the respect for fundamental rights and freedoms
implies, in particular,
that proper attention is given to the protection and observance of the due
process rights of the
individuals or entities concerned. For this purpose and in order to guarantee
a thorough judicial
review of European decisions subjecting an individual or entity to restrictive
measures, such
decisions must be based on clear and distinct criteria. These criteria should
be tailored to the
specifics of each restrictive measure.
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16. Declaration on Article III-167(2)(c)
The Conference notes that Article III-167(2)(c) shall be interpreted in accordance
with the existing
case law of the Court of Justice of the European Communities and of the Court
of First Instance
regarding the applicability of the provisions to aid granted to certain areas
of the Federal Republic
of Germany affected by the former division of Germany.
17. Declaration on Article III-184
With regard to Article III-184, the Conference confirms that raising growth
potential and securing
sound budgetary positions are the two pillars of the economic and fiscal policy
of the Union and the
Member States. The Stability and Growth Pact is an important tool to achieve
these goals.
The Conference reaffirms its commitment to the provisions concerning the Stability
and
Growth Pact as the framework for the coordination of budgetary policies in
the Member States.
The Conference confirms that a rule-based system is the best guarantee for
commitments to be
enforced and for all Member States to be treated equally.
Within this framework, the Conference also reaffirms its commitment to the
goals of the
Lisbon Strategy: job creation, structural reforms, and social cohesion.
AF/Constitution/DC/en 81
The Union aims at achieving balanced economic growth and price stability.
Economic and
budgetary policies thus need to set the right priorities towards economic
reforms, innovation,
competitiveness and strengthening of private investment and consumption in
phases of weak
economic growth. This should be reflected in the orientations of budgetary
decisions at the national
and Union level in particular through restructuring of public revenue and
expenditure while
respecting budgetary discipline in accordance with the Constitution and the
Stability and
Growth Pact.
Budgetary and economic challenges facing the Member States underline the importance
of sound
budgetary policy throughout the economic cycle.
The Conference agrees that Member States should use periods of economic recovery
actively to
consolidate public finances and improve their budgetary positions. The objective
is to gradually
achieve a budgetary surplus in good times which creates the necessary room
to accommodate
economic downturns and thus contribute to the long-term sustainability of
public finances.
The Member States look forward to possible proposals of the Commission as
well as further
contributions of Member States with regard to strengthening and clarifying
the implementation of
the Stability and Growth Pact. The Member States will take all necessary measures
to raise the
growth potential of their economies. Improved economic policy coordination
could support this
objective. This Declaration does not prejudge the future debate on the Stability
and Growth Pact.
AF/Constitution/DC/en 82
18. Declaration on Article III-213
The Conference confirms that the policies described in Article III-213 fall
essentially within the
competence of the Member States. Measures to provide encouragement and promote
coordination
to be taken at Union level in accordance with this Article shall be of a complementary
nature. They
shall serve to strengthen cooperation between Member States and not to harmonise
national
systems. The guarantees and practices existing in each Member State as regards
the responsibility
of the social partners will not be affected.
This Declaration is without prejudice to the provisions of the Constitution
conferring competence
on the Union, including in social matters.
19. Declaration on Article III-220
The Conference considers that the reference in Article III-220 to island regions
can include
island States in their entirety, subject to the necessary criteria being met.
20. Declaration on Article III-243
The Conference notes that the provisions of Article III-243 shall be applied
in accordance with the
current practice. The terms "such measures are required in order to compensate
for the economic
disadvantages caused by the division of Germany to the economy of certain
areas of the
Federal Republic affected by that division" shall be interpreted in accordance
with the existing
case law of the Court of Justice of the European Communities and of the Court
of First Instance.
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21. Declaration on Article III-248
The Conference agrees that the Union's action in the area of research and
technological
development will pay due respect to the fundamental orientations and choices
of the
research policies of the Member States.
22. Declaration on Article III-256
The Conference believes that Article III-256 does not affect the right of
the Member States to take
the necessary measures to ensure their energy supply under the conditions
provided for in
Article III-131.
23. Declaration on Article III-273(1), second subparagraph
The Conference considers that the European laws referred to in the second
subparagraph of
Article III-273(1) should take into account national rules and practices relating
to the initiation of
criminal investigations.
24. Declaration on Article III-296
The Conference declares that, as soon as the Treaty establishing a Constitution
for Europe is signed,
the Secretary-General of the Council, High Representative for the common foreign
and security
policy, the Commission and the Member States should begin preparatory work
on the European
External Action Service.
AF/Constitution/DC/en 84
25. Declaration on Article III-325 concerning the negotiation and
conclusion of international agreements by Member States
relating to the area of freedom, security and justice
The Conference confirms that Member States may negotiate and conclude agreements
with
third countries or international organisations in the areas covered by Sections
3, 4 and 5 of
Chapter IV of Title III of Part III of the Treaty establishing a Constitution
for Europe insofar as
such agreements comply with Union law.
26. Declaration on Article III-402(4)
Article III-402(4) of the Constitution provides that where no European law
of the Council
establishing a new financial framework has been adopted by the end of the
previous financial
framework, the ceilings and other provisions corresponding to the last year
of that framework shall
be extended until such time as that law is adopted.
The Conference states that if no European law of the Council establishing
a new financial
framework has been adopted by the end of 2006 and where the Treaty of Accession
of
16 April 2003 provides for a phasing-in period for the allocation of appropriations
to the new
Member States ending in 2006, the allocation of funds as from 2007 will be
established on the basis
of the same criteria being applied for all Member States.
AF/Constitution/DC/en 85
27. Declaration on Article III-419
The Conference declares that Member States may indicate, when they make a
request to establish
enhanced cooperation, if they intend already at that stage to make use of
Article III-422 providing
for the extension of qualified majority voting or to have recourse to the
ordinary legislative
procedure.
28. Declaration on Article IV-440(7)
The High Contracting Parties agree that the European Council, pursuant to
Article IV-440(7), will
take a European decision leading to the modification of the status of Mayotte
with regard to the
Union in order to make this territory an outermost region within the meaning
of Article IV-440(2)
and Article III-424, when the French authorities notify the European Council
and the Commission
that the evolution currently underway in the internal status of the island
so allows.
29. Declaration on Article IV-448(2)
The Conference considers that the possibility of producing translations of
the Treaty establishing a
Constitution for Europe in the languages mentioned in Article IV-448(2) contributes
to fulfilling the
objective of respecting the Union's rich cultural and linguistic diversity
as set forth in the
fourth subparagraph of Article I-3(3) of that Treaty. In this context, the
Conference confirms the
attachment of the Union to the cultural diversity of Europe and the special
attention it will continue
to pay to these and other languages.
AF/Constitution/DC/en 86
The Conference recommends that those Member States wishing to avail themselves
of the
possibility recognised in Article IV-448(2) communicate to the Council, within
six months from the
date of the signature of that Treaty, the language or languages into which
translations of that Treaty
will be made.
30. Declaration on the ratification of the Treaty
establishing a Constitution for Europe
The Conference notes that if, two years after the signature of the Treaty
establishing a Constitution
for Europe, four fifths of the Member States have ratified it and one or more
Member States have
encountered difficulties in proceeding with ratification, the matter will
be referred to the European
Council.
