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 1: The European Parliament

Article 190

Article 138 - EC Treaty (Maastricht consolidated version)

Article 138 - EEC Treaty

Article 190

1. The representatives in the European Parliament of the peoples of the States brought together in the Community shall be elected by direct universal suffrage.

2.(22) The number of representatives elected in each Member State shall be as follows:

>TABLE>.

In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Community.

3. Representatives shall be elected for a term of five years.

4. The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States.

The Council shall, acting unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its component members, lay down the appropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements.

5. The European Parliament, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, shall lay down the regulations and general conditions governing the performance of the duties of its Members. All rules or conditions relating to the taxation of Members or former Members shall require unanimity within the Council.
12002E073

Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title V: Transport - Article 73 - Article 77 - EC Treaty (Maastricht consolidated version) - Article 77 - EEC Treaty



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

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 (Nice consolidated version)

Part Three: Community policies

Title III: Free movement of persons, services and capital

Chapter 4: Capital and payments

Article 58

Article 73d - EC Treaty (Maastricht consolidated version)

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.
Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title II: Financial provisions - Article 275 - Article 205a - EC Treaty (Maastricht consolidated version) -



Official Journal C 325 , 24/12/2002 P. 0144 - 0144

Official Journal C 340 , 10/11/1997 P. 0291 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0073 - Consolidated version



Treaty establishing the European Community (Nice consolidated version) Part Five: Institutions of the Community Title II: Financial provisions Article 275 Article 205a - EC Treaty (Maastricht consolidated version) Article 275 The Commission shall submit annually to the Council and to the European Parliament the accounts of the preceding financial year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Community.
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 213

Article 157 - EC Treaty (Maastricht consolidated version)

Article 157 - EEC Treaty

Article 213

1.(27) The Commission shall consist of 20 Members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.

The number of Members of the Commission may be altered by the Council, acting unanimously.

Only nationals of Member States may be Members of the Commission.

The Commission must include at least one national of each of the Member States, but may not include more than two Members having the nationality of the same State.

2. The Members of the Commission shall, in the general interest of the Community, be completely independent in the performance of their duties.

In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the Members of the Commission in the performance of their tasks.

The Members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of these obligations, the Court of Justice may, on application by the Council or the Commission, rule that the Member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 216 or deprived of his right to a pension or other benefits in its stead.
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 232

Article 175 - EC Treaty (Maastricht consolidated version)

Article 175 - EEC Treaty

Article 232

Should the European Parliament, the Council or the Commission, in infringement of this Treaty, fail to act, the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established.

The action shall be admissible only if the institution concerned has first been called upon to act. If, within two months of being so called upon, the institution concerned has not defined its position, the action may be brought within a further period of two months.

Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court of Justice that an institution of the Community has failed to address to that person any act other than a recommendation or an opinion.

The Court of Justice shall have jurisdiction, under the same conditions, in actions or proceedings brought by the ECB in the areas falling within the latter's field of competence and in actions or proceedings brought against the latter.
Treaty establishing the European Community (Nice consolidated version) - Part Six: General and Final Provisions - Article 308 - Article 235 - EC Treaty (Maastricht consolidated version) - Article 235 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0153 - 0153

Official Journal C 340 , 10/11/1997 P. 0301 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0078 - Consolidated version

(EEC Treaty - no official publication available)



Treaty establishing the European Community (Nice consolidated version) Part Six: General and Final Provisions Article 308 Article 235 - EC Treaty (Maastricht consolidated version) Article 235 - EEC Treaty Article 308 If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures.
Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title II: Financial provisions

Article 273

Article 204 - EC Treaty (Maastricht consolidated version)

Article 204 - EEC Treaty

Article 273

If, at the beginning of a financial year, the budget has not yet been voted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the budget in accordance with the provisions of the Regulations made pursuant to Article 279; this arrangement shall not, however, have the effect of placing at the disposal of the Commission appropriations in excess of one twelfth of those provided for in the draft budget in course of preparation.

The Council may, acting by a qualified majority, provided that the other conditions laid down in the first subparagraph are observed, authorise expenditure in excess of one twelfth.

If the decision relates to expenditure which does not necessarily result from this Treaty or from acts adopted in accordance therewith, the Council shall forward it immediately to the European Parliament; within 30 days the European Parliament, acting by a majority of its Members and three fifths of the votes cast, may adopt a different decision on the expenditure in excess of the one twelfth referred to in the first subparagraph. This part of the decision of the Council shall be suspended until the European Parliament has taken its decision. If within the said period the European Parliament has not taken a decision which differs from the decision of the Council, the latter shall be deemed to be finally adopted.

The decisions referred to in the second and third subparagraphs shall lay down the necessary measures relating to resources to ensure application of this Article.
12002E238

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 238 - Article 181 - EC Treaty (Maastricht consolidated version) - Article 181 - 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)
Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title IV: Visas, asylum, immigration and other policies related to free movement of persons - Article 69



Official Journal C 325 , 24/12/2002 P. 0061 - 0061

Official Journal C 340 , 10/11/1997 P. 0204 - Consolidated version



Treaty establishing the European Community (Nice consolidated version) Part Three: Community policies Title IV: Visas, asylum, immigration and other policies related to free movement of persons Article 69 Article 69 The application of this title shall be subject to the provisions of the Protocol on the position of the United Kingdom and Ireland and to the Protocol on the position of Denmark and without prejudice to the Protocol on the application of certain aspects of Article 14 of the Treaty establishing the European Community to the United Kingdom and to Ireland.
Treaty establishing the European Community (Nice consolidated version)

Part Two: Citizenship of the Union

Article 17

Article 8 - EC Treaty (Maastricht consolidated version)

Article 17

1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

2. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby.
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 253 - Article 190 - EC Treaty (Maastricht consolidated version) - Article 190 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0135 - 0135

Official Journal C 340 , 10/11/1997 P. 0281 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0067 - 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 2: Provisions common to several institutions Article 253 Article 190 - EC Treaty (Maastricht consolidated version) Article 190 - EEC Treaty Article 253 Regulations, directives and decisions adopted jointly by the European Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.
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 254

Article 191 - EC Treaty (Maastricht consolidated version)

Article 191 - EEC Treaty

Article 254

1. Regulations, directives and decisions adopted in accordance with the procedure referred to in Article 251 shall be signed by the President of the European Parliament and by the President of the Council and published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the 20th day following that of their publication.

2. Regulations of the Council and of the Commission, as well as directives of those institutions which are addressed to all Member States, shall be published in the Official Journal of the European Union. They shall enter into force on the date specified in them or, in the absence thereof, on the 20th day following that of their publication.

3. Other directives, and decisions, shall be notified to those to whom they are addressed and shall take effect upon such notification.
12002E041

Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title III: Free movement of persons, services and capital - Chapter 1: Workers - Article 41 - Article 50 - EC Treaty (Maastricht consolidated version) - Article 50 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0052 - 0052

Official Journal C 340 , 10/11/1997 P. 0194 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0021 - 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 218

Article 162 - EC Treaty (Maastricht consolidated version)

Article 162 - EEC Treaty

Article 218

1. The Council and the Commission shall consult each other and shall settle by common accord their methods of cooperation.

2. The Commission shall adopt its Rules of Procedure so as to ensure that both it and its departments operate in accordance with the provisions of this Treaty. It shall ensure that these Rules are published.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title XVII: Economic and social cohesion

Article 162

Article 130e - EC Treaty (Maastricht consolidated version)

Article 162

Implementing decisions relating to the European Regional Development Fund shall be taken by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.

With regard to the European Agricultural Guidance and Guarantee Fund, Guidance Section, and the European Social Fund, Articles 37 and 148 respectively shall continue to apply.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VI: Common rules on competition, taxation and approximation of laws

Chapter 1: Rules on competition

Section 1: Rules applying to undertakings

Article 85

Article 89 - EC Treaty (Maastricht consolidated version)

Article 89 - EEC Treaty

Article 85

1. Without prejudice to Article 84, the Commission shall ensure the application of the principles laid down in Articles 81 and 82. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, which shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.

2. If the infringement is not brought to an end, the Commission shall record such infringement of the principles in a reasoned decision. The Commission may publish its decision and authorise Member States to take the measures, the conditions and details of which it shall determine, needed to remedy the situation.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VI: Common rules on competition, taxation and approximation of laws

Chapter 1: Rules on competition

Section 2: Aids granted by States

Article 88

Article 93 - EC Treaty (Maastricht consolidated version)

Article 93 - EEC Treaty

Article 88

1. The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the common market.

2. If, after giving notice to the parties concerned to submit their comments, the Commission finds that aid granted by a State or through State resources is not compatible with the common market having regard to Article 87, or that such aid is being misused, it shall decide that the State concerned shall abolish or alter such aid within a period of time to be determined by the Commission.

If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested State may, in derogation from the provisions of Articles 226 and 227, refer the matter to the Court of Justice direct.

On application by a Member State, the Council may, acting unanimously, decide that aid which that State is granting or intends to grant shall be considered to be compatible with the common market, in derogation from the provisions of Article 87 or from the regulations provided for in Article 89, if such a decision is justified by exceptional circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council shall have the effect of suspending that procedure until the Council has made its attitude known.

If, however, the Council has not made its attitude known within three months of the said application being made, the Commission shall give its decision on the case.

3. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it considers that any such plan is not compatible with the common market having regard to Article 87, it shall without delay initiate the procedure provided for in paragraph 2. The Member State concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title III: Free movement of persons, services and capital

Chapter 3: Services

Article 49

Article 59 - EC Treaty (Maastricht consolidated version)

Article 59 - EEC Treaty

Article 49

Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended.

The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community.
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 139

Article 118b - EC Treaty (Maastricht consolidated version)

Article 139

1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.

2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission.

The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In that case, it shall act unanimously.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title XVII: Economic and social cohesion

Article 159

Article 130b - EC Treaty (Maastricht consolidated version)

Article 159

Member States shall conduct their economic policies and shall coordinate them in such a way as, in addition, to attain the objectives set out in Article 158. The formulation and implementation of the Community's policies and actions and the implementation of the internal market shall take into account the objectives set out in Article 158 and shall contribute to their achievement. The Community shall also support the achievement of these objectives by the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund), the European Investment Bank and the other existing Financial Instruments.

The Commission shall submit a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving economic and social cohesion and on the manner in which the various means provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by appropriate proposals.

If specific actions prove necessary outside the Funds and without prejudice to the measures decided upon within the framework of the other Community policies, such actions may be adopted by the Council acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.