ddrg/super_eurlex huggingface dataset:
12002E208

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 2: The Council - Article 208 - Article 152 - EC Treaty (Maastricht consolidated version) - Article 152 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0119 - 0119

Official Journal C 340 , 10/11/1997 P. 0266 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0058 - 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 2: Right of establishment

Article 44

Article 54 - EC Treaty (Maastricht consolidated version)

Article 54 - EEC Treaty

Article 44

1. In order to attain freedom of establishment as regards a particular activity, the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall act by means of directives.

2. The Council and the Commission shall carry out the duties devolving upon them under the preceding provisions, in particular:

(a) by according, as a general rule, priority treatment to activities where freedom of establishment makes a particularly valuable contribution to the development of production and trade;

(b) by ensuring close cooperation between the competent authorities in the Member States in order to ascertain the particular situation within the Community of the various activities concerned;

(c) by abolishing those administrative procedures and practices, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to freedom of establishment;

(d) by ensuring that workers of one Member State employed in the territory of another Member State may remain in that territory for the purpose of taking up activities therein as self-employed persons, where they satisfy the conditions which they would be required to satisfy if they were entering that State at the time when they intended to take up such activities;

(e) by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another Member State, in so far as this does not conflict with the principles laid down in Article 33(2);

(f) by effecting the progressive abolition of restrictions on freedom of establishment in every branch of activity under consideration, both as regards the conditions for setting up agencies, branches or subsidiaries in the territory of a Member State and as regards the subsidiaries in the territory of a Member State and as regards the conditions governing the entry of personnel belonging to the main establishment into managerial or supervisory posts in such agencies, branches or subsidiaries;

(g) by coordinating to the necessary extent the safeguards which, for the protection of the interests of members and other, are required by Member States of companies or firms within the meaning of the second paragraph of Article 48 with a view to making such safeguards equivalent throughout the Community;

(h) by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States.
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 67

Article 67

1. During a transitional period of five years following the entry into force of the Treaty of Amsterdam, the Council shall act unanimously on a proposal from the Commission or on the initiative of a Member State and after consulting the European Parliament.

2. After this period of five years:

- the Council shall act on proposals from the Commission; the Commission shall examine any request made by a Member State that it submit a proposal to the Council,

- the Council, acting unanimously after consulting the European Parliament, shall take a decision with a view to providing for all or parts of the areas covered by this title to be governed by the procedure referred to in Article 251 and adapting the provisions relating to the powers of the Court of Justice.

3. By derogation from paragraphs 1 and 2, measures referred to in Article 62(2)(b) (i) and (iii) shall, from the entry into force of the Treaty of Amsterdam, be adopted by the Council acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament.

4. By derogation from paragraph 2, measures referred to in Article 62(2)(b) (ii) and (iv) shall, after a period of five years following the entry into force of the Treaty of Amsterdam, be adopted by the Council acting in accordance with the procedure referred to in Article 251.

5. By derogation from paragraph 1, the Council shall adopt, in accordance with the procedure referred to in Article 251:

- the measures provided for in Article 63(1) and (2)(a) provided that the Council has previously adopted, in accordance with paragraph 1 of this article, Community legislation defining the common rules and basic principles governing these issues,

- the measures provided for in Article 65 with the exception of aspects relating to family law.
Treaty establishing the European Community (Nice consolidated version)

Part One: Principles

Article 11

Article 11

1. Member States which intend to establish enhanced cooperation between themselves in one of the areas referred to in this Treaty shall address a request to the Commission, which may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so.

2. Authorisation to establish enhanced cooperation as referred to in paragraph 1 shall be granted, in compliance with Articles 43 to 45 of the Treaty on European Union, by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament. When enhanced cooperation relates to an area covered by the procedure referred to in Article 251 of this Treaty, the assent of the European Parliament shall be required.

A member of the Council may request that the matter be referred to the European Council. After that matter has been raised before the European Council, the Council may act in accordance with the first subparagraph of this paragraph.

3. The acts and decisions necessary for the implementation of enhanced cooperation activities shall be subject to all the relevant provisions of this Treaty, save as otherwise provided in this Article and in Articles 43 to 45 of the Treaty on European Union.
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 196

Article 139 - EC Treaty (Maastricht consolidated version)

Article 139 - EEC Treaty

Article 196

The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March.

The European Parliament may meet in extraordinary session at the request of a majority of its Members or at the request of the Council or of the Commission.
12002E281

Treaty establishing the European Community (Nice consolidated version) - Part Six: General and Final Provisions - Article 281 - Article 210 - EC Treaty (Maastricht consolidated version) - Article 210 - EEC Treaty



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

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)
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 145

Article 122 - EC Treaty (Maastricht consolidated version)

Article 122 - EEC Treaty

Article 145

The Commission shall include a separate chapter on social developments within the Community in its annual report to the European Parliament.

The European Parliament may invite the Commission to draw up reports on any particular problems concerning social conditions.
12002E029

Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title I: Free movement of goods - Chapter 2: Prohibition of quantitative restrictions between the Member States - Article 29 - Article 34 - EC Treaty (Maastricht consolidated version) - Article 34 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0047 - 0047

Official Journal C 340 , 10/11/1997 P. 0189 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0016 - Consolidated version

(EEC Treaty - no official publication available)
12002E147

Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title XI: Social policy, education, vocational training and youth - Chapter 2: The European Social Fund - Article 147 - Article 124 - EC Treaty (Maastricht consolidated version) - Article 124 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0097 - 0097

Official Journal C 340 , 10/11/1997 P. 0244 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0046 - 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 4: The Court of Justice

Article 233

Article 176 - EC Treaty (Maastricht consolidated version)

Article 176 - EEC Treaty

Article 233

The institution or institutions whose act has been declared void or whose failure to act has been declared contrary to this Treaty shall be required to take the necessary measures to comply with the judgment of the Court of Justice.

This obligation shall not affect any obligation which may result from the application of the second paragraph of Article 288.

This article shall also apply to the ECB.
Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VII: Economic and monetary policy

Chapter 2: Monetary policy

Article 111

Article 109 - EC Treaty (Maastricht consolidated version)

Article 109 - EEC Treaty

Article 111

1. By way of derogation from Article 300, the Council may, acting unanimously on a recommendation from the ECB or from the Commission, and after consulting the ECB in an endeavour to reach a consensus consistent with the objective of price stability, after consulting the European Parliament, in accordance with the procedure in paragraph 3 for determining the arrangements, conclude formal agreements on an exchange-rate system for the ecu in relation to non-Community currencies. The Council may, acting by a qualified majority on a recommendation from the ECB or from the Commission, and after consulting the ECB in an endeavour to reach a consensus consistent with the objective of price stability, adopt, adjust or abandon the central rates of the ecu within the exchange-rate system. The President of the Council shall inform the European Parliament of the adoption, adjustment or abandonment of the ecu central rates.

2. In the absence of an exchange-rate system in relation to one or more non-Community currencies as referred to in paragraph 1, the Council, acting by a qualified majority either on a recommendation from the Commission and after consulting the ECB or on a recommendation from the ECB, may formulate general orientations for exchange-rate policy in relation to these currencies. These general orientations shall be without prejudice to the primary objective of the ESCB to maintain price stability.

3. By way of derogation from Article 300, where agreements concerning monetary or foreign-exchange regime matters need to be negotiated by the Community with one or more States or international organisations, the Council, acting by a qualified majority on a recommendation from the Commission and after consulting the ECB, shall decide the arrangements for the negotiation and for the conclusion of such agreements. These arrangements shall ensure that the Community expresses a single position. The Commission shall be fully associated with the negotiations.

Agreements concluded in accordance with this paragraph shall be binding on the institutions of the Community, on the ECB and on Member States.

4. Subject to paragraph 1, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the ECB, shall decide on the position of the Community at international level as regards issues of particular relevance to economic and monetary union and on its representation, in compliance with the allocation of powers laid down in Articles 99 and 105.

5. Without prejudice to Community competence and Community agreements as regards economic and monetary union, Member States may negotiate in international bodies and conclude international agreements.
Treaty establishing the European Community (Nice consolidated version) - Part One: Principles - Article 16



Official Journal C 325 , 24/12/2002 P. 0044 - 0044

Official Journal C 340 , 10/11/1997 P. 0185 - Consolidated version



Treaty establishing the European Community (Nice consolidated version) Part One: Principles Article 16 Article 16 Without prejudice to Articles 73, 86 and 87, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Community and the Member States, each within their respective powers and within the scope of application of this Treaty, shall take care that such services operate on the basis of principles and conditions which enable them to fulfil their missions.
12002E303

Treaty establishing the European Community (Nice consolidated version) - Part Six: General and Final Provisions - Article 303 - Article 230 - EC Treaty (Maastricht consolidated version) - Article 230 - EEC Treaty



Official Journal C 325 , 24/12/2002 P. 0152 - 0152

Official Journal C 340 , 10/11/1997 P. 0300 - 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 Five: Institutions of the Community

Title II: Financial provisions

Article 280

Article 209a - EC Treaty (Maastricht consolidated version)

Article 280

1. The Community and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Community through measures to be taken in accordance with this article, which shall act as a deterrent and be such as to afford effective protection in the Member States.

2. Member States shall take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests.

3. Without prejudice to other provisions of this Treaty, the Member States shall coordinate their action aimed at protecting the financial interests of the Community against fraud. To this end they shall organise, together with the Commission, close and regular cooperation between the competent authorities.

4. The Council, acting in accordance with the procedure referred to in Article 251, after consulting the Court of Auditors, shall adopt the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Community with a view to affording effective and equivalent protection in the Member States. These measures shall not concern the application of national criminal law or the national administration of justice.

5. The Commission, in cooperation with Member States, shall each year submit to the European Parliament and to the Council a report on the measures taken for the implementation of this article.
Treaty establishing the European Community (Nice consolidated version)

Part Six: General and Final Provisions

Article 298

Article 225 - EC Treaty (Maastricht consolidated version)

Article 225 - EEC Treaty

Article 298

If measures taken in the circumstances referred to in Articles 296 and 297 have the effect of distorting the conditions of competition in the common market, the Commission shall, together with the State concerned, examine how these measures can be adjusted to the rules laid down in the Treaty.

By way of derogation from the procedure laid down in Articles 226 and 227, the Commission or any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in Articles 296 and 297. The Court of Justice shall give its ruling in camera.
Treaty establishing the European Community (Nice consolidated version) - Part Two: Citizenship of the Union - Article 20 - Article 8c - EC Treaty (Maastricht consolidated version) -



Official Journal C 325 , 24/12/2002 P. 0045 - 0045

Official Journal C 340 , 10/11/1997 P. 0187 - Consolidated version

Official Journal C 224 , 31/08/1992 P. 0011 - Consolidated version



Treaty establishing the European Community (Nice consolidated version) Part Two: Citizenship of the Union Article 20 Article 8c - EC Treaty (Maastricht consolidated version) Article 20 Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection.
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 230

Article 173 - EC Treaty (Maastricht consolidated version)

Article 173 - EEC Treaty

Article 230

The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-à-vis third parties.

It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers.

The Court of Justice shall have jurisdiction under the same conditions in actions brought by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives.

Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former.

The proceedings provided for in this article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.
Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title V: Transport - Article 72 - Article 76 - EC Treaty (Maastricht consolidated version) - Article 76 - 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 V: Transport Article 72 Article 76 - EC Treaty (Maastricht consolidated version) Article 76 - EEC Treaty Article 72 Until the provisions referred to in Article 71(1) have been laid down, no Member State may, without the unanimous approval of the Council, make the various provisions governing the subject on 1 January 1958 or, for acceding States, the date of their accession less favourable in their direct or indirect effect on carriers of other Member States as compared with carriers who are nationals of that State.
Treaty establishing the European Community (Nice consolidated version)

Part One: Principles

Article 3

Article 3 - EC Treaty (Maastricht consolidated version)

Article 3 - EEC Treaty

Article 3

1. For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:

(a) the prohibition, as between Member States, of customs duties and quantitative restrictions on the import and export of goods, and of all other measures having equivalent effect;

(b) a common commercial policy;

(c) an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital;

(d) measures concerning the entry and movement of persons as provided for in Title IV;

(e) a common policy in the sphere of agriculture and fisheries;

(f) a common policy in the sphere of transport;

(g) a system ensuring that competition in the internal market is not distorted;

(h) the approximation of the laws of Member States to the extent required for the functioning of the common market;

(i) the promotion of coordination between employment policies of the Member States with a view to enhancing their effectiveness by developing a coordinated strategy for employment;

(j) a policy in the social sphere comprising a European Social Fund;

(k) the strengthening of economic and social cohesion;

(l) a policy in the sphere of the environment;

(m) the strengthening of the competitiveness of Community industry;

(n) the promotion of research and technological development;

(o) encouragement for the establishment and development of trans-European networks;

(p) a contribution to the attainment of a high level of health protection;

(q) a contribution to education and training of quality and to the flowering of the cultures of the Member States;

(r) a policy in the sphere of development cooperation;

(s) the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development;

(t) a contribution to the strengthening of consumer protection;

(u) measures in the spheres of energy, civil protection and tourism.

2. In all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women.
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 221

Article 165 - EC Treaty (Maastricht consolidated version)

Article 165 - EEC Treaty

Article 221

The Court of Justice shall consist of one judge per Member State.

The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice.

When provided for in the Statute, the Court of Justice may also sit as a full Court.