ddrg/super_eurlex huggingface dataset:
Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 1: The institutions

Section 4: The Court of Justice

Article 227

Article 170 - EC Treaty (Maastricht consolidated version)

Article 170 - EEC Treaty

Article 227

A Member State which considers that another Member State has failed to fulfil an obligation under this Treaty may bring the matter before the Court of Justice.

Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this Treaty, it shall bring the matter before the Commission.

The Commission shall deliver a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing.

If the Commission has not delivered an opinion within three months of the date on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court of Justice.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title XVIII: Research and technological development

Article 163

Article 130f - EC Treaty (Maastricht consolidated version)

Article 163

1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other chapters of this Treaty.

2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.

3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this title.
Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 2: Provisions common to several institutions

Article 252

Article 189c - EC Treaty (Maastricht consolidated version)

Article 252

Where reference is made in this Treaty to this Article for the adoption of an act, the following procedure shall apply.

(a) The Council, acting by a qualified majority on a proposal from the Commission and after obtaining the opinion of the European Parliament, shall adopt a common position.

(b) The Council's common position shall be communicated to the European Parliament. The Council and the Commission shall inform the European Parliament fully of the reasons which led the Council to adopt its common position and also of the Commission's position.

If, within three months of such communication, the European Parliament approves this common position or has not taken a decision within that period, the Council shall definitively adopt the act in question in accordance with the common position.

(c) The European Parliament may, within the period of three months referred to in point (b), by an absolute majority of its component Members, propose amendments to the Council's common position. The European Parliament may also, by the same majority, reject the Council's common position. The result of the proceedings shall be transmitted to the Council and the Commission.

If the European Parliament has rejected the Council's common position, unanimity shall be required for the Council to act on a second reading.

(d) The Commission shall, within a period of one month, re-examine the proposal on the basis of which the Council adopted its common position, by taking into account the amendments proposed by the European Parliament.

The Commission shall forward to the Council, at the same time as its re-examined proposal, the amendments of the European Parliament which it has not accepted, and shall express its opinion on them. The Council may adopt these amendments unanimously.

(e) The Council, acting by a qualified majority, shall adopt the proposal as re-examined by the Commission.

Unanimity shall be required for the Council to amend the proposal as re-examined by the Commission.

(f) In the cases referred to in points (c), (d) and (e), the Council shall be required to act within a period of three months. If no decision is taken within this period, the Commission proposal shall be deemed not to have been adopted.

(g) The periods referred to in points (b) and (f) may be extended by a maximum of one month by common accord between the Council and the European Parliament.
Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 1: The institutions - Section 3: The Commission - Article 216 - Article 160 - EC Treaty (Maastricht consolidated version) - Article 160 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0121 - 0121

Official Journal C 340 , 10/11/1997 P. 0268 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0060 - Consolidated version

(EEC Treaty - no official publication available)



Treaty establishing the European Community (Nice consolidated version) Part Five: Institutions of the Community Title I: Provisions governing the institutions Chapter 1: The institutions Section 3: The Commission Article 216 Article 160 - EC Treaty (Maastricht consolidated version) Article 160 - EEC Treaty Article 216 If any Member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council or the Commission, compulsorily retire him.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title XI: Social policy, education, vocational training and youth

Chapter 1: Social Provisions

Article 144

Article 121 - EC Treaty (Maastricht consolidated version)

Article 121 - EEC Treaty

Article 144

The Council, after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:

- to monitor the social situation and the development of social protection policies in the Member States and the Community,

- to promote exchanges of information, experience and good practice between Member States and with the Commission,

- without prejudice to Article 207, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.

Each Member State and the Commission shall appoint two members of the Committee.
Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 1: The institutions

Section 1: The European Parliament

Article 195

Article 138e - EC Treaty (Maastricht consolidated version)

Article 195

1. The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the institution concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution concerned. The person lodging the complaint shall be informed of the outcome of such inquiries.

The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the European Parliament for the duration of its term of office. The Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.

3. The Ombudsman shall be completely independent in the performance of his duties. In the performance of those duties he shall neither seek nor take instructions from any body. The Ombudsman may not, during his term of office, engage in any other occupation, whether gainful or not.

4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, lay down the regulations and general conditions governing the performance of the Ombudsman's duties.
12002E235

Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 1: The institutions - Section 4: The Court of Justice - Article 235 - Article 178 - EC Treaty (Maastricht consolidated version) - Article 178 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0128 - 0128

Official Journal C 340 , 10/11/1997 P. 0274 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0063 - Consolidated version

(EEC Treaty - no official publication available)
12006E200

Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 1 - The institutions - Section 1 - The European Parliament - Article 200



Official Journal C 321 E , 29/12/2006 P. 0135 - 0135

Official Journal C 325 , 24/12/2002 P. 0117 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0263 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0057 - Consolidated version

(EEC Treaty - no official publication available)
Article 214

1. The Members of the Commission shall be appointed, in accordance with the procedure referred to in paragraph 2, for a period of five years, subject, if need be, to Article 201.

Their term of office shall be renewable.

2. The Council, meeting in the composition of Heads of State or Government and acting by a qualified majority, shall nominate the person it intends to appoint as President of the Commission; the nomination shall be approved by the European Parliament.

The Council, acting by a qualified majority and by common accord with the nominee for President, shall adopt the list of the other persons whom it intends to appoint as Members of the Commission, drawn up in accordance with the proposals made by each Member State.

The President and the other Members of the Commission thus nominated shall be subject as a body to a vote of approval by the European Parliament. After approval by the European Parliament, the President and the other Members of the Commission shall be appointed by the Council, acting by a qualified majority.

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12006E079

Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE V - Transport - Article 79



Official Journal C 321 E , 29/12/2006 P. 0073 - 0073

Official Journal C 325 , 24/12/2002 P. 0063 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0207 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0028 - Consolidated version

(EEC Treaty - no official publication available)
Article 225

1. The Court of First Instance shall have jurisdiction to hear and determine at first instance actions or proceedings referred to in Articles 230, 232, 235, 236 and 238, with the exception of those assigned to a judicial panel and those reserved in the Statute for the Court of Justice. The Statute may provide for the Court of First Instance to have jurisdiction for other classes of action or proceeding.

Decisions given by the Court of First Instance under this paragraph may be subject to a right of appeal to the Court of Justice on points of law only, under the conditions and within the limits laid down by the Statute.

2. The Court of First Instance shall have jurisdiction to hear and determine actions or proceedings brought against decisions of the judicial panels set up under Article 225a.

Decisions given by the Court of First Instance under this paragraph may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.

3. The Court of First Instance shall have jurisdiction to hear and determine questions referred for a preliminary ruling under Article 234, in specific areas laid down by the Statute.

Where the Court of First Instance considers that the case requires a decision of principle likely to affect the unity or consistency of Community law, it may refer the case to the Court of Justice for a ruling.

Decisions given by the Court of First Instance on questions referred for a preliminary ruling may exceptionally be subject to review by the Court of Justice, under the conditions and within the limits laid down by the Statute, where there is a serious risk of the unity or consistency of Community law being affected.

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Article 285

1. Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, the Council, acting in accordance with the procedure referred to in Article 251, shall adopt measures for the production of statistics where necessary for the performance of the activities of the Community.

2. The production of Community statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.

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12006E240

Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 1 - The institutions - Section 4 - The Court of Justice - Article 240



Official Journal C 321 E , 29/12/2006 P. 0149 - 0149

Official Journal C 325 , 24/12/2002 P. 0129 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0275 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0063 - Consolidated version

(EEC Treaty - no official publication available)
Article 263 [7]

A committee, hereinafter referred to as "the Committee of the Regions", consisting 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, is hereby established with advisory status.

The number of members of the Committee of the Regions shall not exceed 350.

The number of members of the Committee shall be as follows:

Belgium | 12 |

Czech Republic | 12 |

Denmark | 9 |

Germany | 24 |

Estonia | 7 |

Greece | 12 |

Spain | 21 |

France | 24 |

Ireland | 9 |

Italy | 24 |

Cyprus | 6 |

Latvia | 7 |

Lithuania | 9 |

Luxembourg | 6 |

Hungary | 12 |

Malta | 5 |

Netherlands | 12 |

Austria | 12 |

Poland | 21 |

Portugal | 12 |

Slovenia | 7 |

Slovakia | 9 |

Finland | 9 |

Sweden | 12 |

United Kingdom | 24 |

The members of the Committee and an equal number of alternate members shall be appointed for four years, on proposals from the respective Member States. Their term of office shall be renewable. The Council, acting by a qualified majority, shall adopt the list of members and alternate members drawn up in accordance with the proposals made by each Member State. When the mandate referred to in the first paragraph on the basis of which they were proposed comes to an end, the term of office of members of the Committee shall terminate automatically and they shall then be replaced for the remainder of the said term of office in accordance with the same procedure. No member of the Committee shall at the same time be a Member of the European Parliament.

The members of the Committee may not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the general interest of the Community.

[7] Article amended by the 2003 Act of Accession. See Appendix at the end of this publication.

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Article 202

To ensure that the objectives set out in this Treaty are attained the Council shall, in accordance with the provisions of this Treaty:

- ensure coordination of the general economic policies of the Member States,

- have power to take decisions,

- confer on the Commission, in the acts which the Council adopts, powers for the implementation of the rules which the Council lays down. The Council may impose certain requirements in respect of the exercise of these powers. The Council may also reserve the right, in specific cases, to exercise directly implementing powers itself. The procedures referred to above must be consonant with principles and rules to be laid down in advance by the Council, acting unanimously on a proposal from the Commission and after obtaining the opinion of the European Parliament.

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Article 36

The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the Council within the framework of Article 37(2) and (3) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 33.

The Council may, in particular, authorise the granting of aid:

(a) for the protection of enterprises handicapped by structural or natural conditions;

(b) within the framework of economic development programmes.

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12006E073

Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE V - Transport - Article 73



Official Journal C 321 E , 29/12/2006 P. 0071 - 0071

Official Journal C 325 , 24/12/2002 P. 0062 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0205 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0027 - Consolidated version

(EEC Treaty - no official publication available)
Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 282



Official Journal C 321 E , 29/12/2006 P. 0171 - 0171

Official Journal C 325 , 24/12/2002 P. 0146 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0293 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0074 - Consolidated version

(EEC Treaty - no official publication available)



Article 282 In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission. --------------------------------------------------
Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE III - Free movement of persons, services and capital - Chapter 4 - Capital and payments - Article 59



Official Journal C 321 E , 29/12/2006 P. 0065 - 0065

Official Journal C 325 , 24/12/2002 P. 0057 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0200 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0026 - Consolidated version



Article 59 Where, in exceptional circumstances, movements of capital to or from third countries cause, or threaten to cause, serious difficulties for the operation of economic and monetary union, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, may take safeguard measures with regard to third countries for a period not exceeding six months if such measures are strictly necessary. --------------------------------------------------
Article 58

1. The provisions of Article 56 shall be without prejudice to the right of Member States:

(a) to apply the relevant provisions of their tax law which distinguish between taxpayers who are not in the same situation with regard to their place of residence or with regard to the place where their capital is invested;

(b) to take all requisite measures to prevent infringements of national law and regulations, in particular in the field of taxation and the prudential supervision of financial institutions, or to lay down procedures for the declaration of capital movements for purposes of administrative or statistical information, or to take measures which are justified on grounds of public policy or public security.

2. The provisions of this Chapter shall be without prejudice to the applicability of restrictions on the right of establishment which are compatible with this Treaty.

3. The measures and procedures referred to in paragraphs 1 and 2 shall not constitute a means of arbitrary discrimination or a disguised restriction on the free movement of capital and payments as defined in Article 56.

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12006E025

Treaty establishing the European Community (consolidated version) - Part Three - Community policies - TITLE I - Free movement of goods - Article 25



Official Journal C 321 E , 29/12/2006 P. 0052 - 0052

Official Journal C 325 , 24/12/2002 P. 0046 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0188 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0012 - Consolidated version

(EEC Treaty - no official publication available)
12006E243

Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 1 - The institutions - Section 4 - The Court of Justice - Article 243



Official Journal C 321 E , 29/12/2006 P. 0149 - 0149

Official Journal C 325 , 24/12/2002 P. 0129 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0275 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0064 - Consolidated version

(EEC Treaty - no official publication available)
12006E281

Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 281



Official Journal C 321 E , 29/12/2006 P. 0170 - 0170

Official Journal C 325 , 24/12/2002 P. 0146 - Consolidated version

Official Journal C 340 , 10/11/1997 P. 0293 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0074 - Consolidated version

(EEC Treaty - no official publication available)