ddrg/super_eurlex huggingface dataset:
12004V118

Treaty establishing a Constitution for Europe - PART III — THE POLICIES AND FUNCTIONING OF THE UNION - TITLE I — PROVISIONS OF GENERAL APPLICATION - Article III-118



Official Journal 310 , 16/12/2004 P. 0055 - 0055
Article I-10

Citizenship of the Union

1. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship and shall not replace it.

2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Constitution. They shall have:

(a) the right to move and reside freely within the territory of the Member States;

(b) the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State;

(c) the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State;

(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Constitution's languages and to obtain a reply in the same language.

These rights shall be exercised in accordance with the conditions and limits defined by the Constitution and by the measures adopted thereunder.

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Treaty establishing a Constitution for Europe - PART II — THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION - TITLE IV — SOLIDARITY - Article II-93



Official Journal 310 , 16/12/2004 P. 0048 - 0048



Article II-93 Family and professional life 1. The family shall enjoy legal, economic and social protection. 2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child. --------------------------------------------------
Article III-360

If the Commission considers that a Member State has failed to fulfil an obligation under the Constitution, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.

If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.

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Article III-287

Association shall have the following objectives:

(a) Member States shall apply to their trade with the countries and territories the same treatment as they accord each other pursuant to the Constitution;

(b) each country or territory shall apply to its trade with Member States and with the other countries and territories the same treatment as that which it applies to the European State with which it has special relations;

(c) Member States shall contribute to the investments required for the progressive development of these countries and territories;

(d) for investments financed by the Union, participation in tenders and supplies shall be open on equal terms to all natural and legal persons who are nationals of a Member State or of one of the countries and territories;

(e) in relations between Member States and the countries and territories, the right of establishment of nationals and companies or firms shall be regulated in accordance with the provisions of Subsection 2 of Section 2 of Chapter I of Title III relating to the freedom of establishment and under the procedures laid down in that Subsection, and on a non-discriminatory basis, subject to any acts adopted pursuant to Article III-291.

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24. PROTOCOL ON ARTICLE I-41(2) OF THE CONSTITUTION

THE HIGH CONTRACTING PARTIES,

BEARING IN MIND the need to implement fully the provisions of Article I-41(2) of the Constitution;

BEARING IN MIND that the policy of the Union in accordance with Article I-41(2) of the Constitution shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation, under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework,

HAVE AGREED UPON the following provision, which is annexed to the Treaty establishing a Constitution for Europe:

Sole article

The Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between them.

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Article III-401

Acts of the Council, of the Commission or of the European Central Bank which impose a pecuniary obligation on persons other than Member States shall be enforceable.

Enforcement shall be governed by the rules of civil procedure in force in the Member State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the government of each Member State shall designate for this purpose and shall make known to the Commission and the Court of Justice of the European Union.

When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement by bringing the matter directly before the competent authority, in accordance with the national law.

Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of the country concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.

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12004V066

Treaty establishing a Constitution for Europe - PART II — THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION - TITLE II — FREEDOMS - Article II-66



Official Journal 310 , 16/12/2004 P. 0043 - 0043
Article I-8

The symbols of the Union

The flag of the Union shall be a circle of twelve golden stars on a blue background.

The anthem of the Union shall be based on the "Ode to Joy" from the Ninth Symphony by Ludwig van Beethoven.

The motto of the Union shall be: "United in diversity".

The currency of the Union shall be the euro.

Europe day shall be celebrated on 9 May throughout the Union.

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Article IV-437

Repeal of earlier Treaties

1. This Treaty establishing a Constitution for Europe shall repeal the Treaty establishing the European Community, the Treaty on European Union and, under the conditions laid down in the Protocol on the acts and treaties having supplemented or amended the Treaty establishing the European Community and the Treaty on European Union, the acts and treaties which have supplemented or amended them, subject to paragraph 2 of this Article.

2. The Treaties on the Accession:

(a) of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland;

(b) of the Hellenic Republic;

(c) of the Kingdom of Spain and the Portuguese Republic;

(d) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, and

(e) of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,

shall be repealed.

Nevertheless:

- the provisions of the Treaties referred to in points (a) to (d) and set out or referred to in the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall remain in force and their legal effects shall be preserved in accordance with that Protocol,

- the provisions of the Treaty referred to in point (e) and which are set out or referred to in the Protocol on the Treaty and Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic shall remain in force and their legal effects shall be preserved in accordance with that Protocol.

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Final Act - II.Declarations - A.Joint Declarations by the present Member States - 2.Joint Declaration on grain legumes: Bulgaria



Official Journal L 157 , 21/06/2005 P. 0391 - 0391



2. Joint declaration on grain legumes: Bulgaria With regard to grain legumes an area of 18047 ha has been taken into account for the calculation of Bulgaria's national ceiling in Annex VIIIA to Regulation (EC) No 1782/2003 of 29 September 2003 (OJ L 270, 21.10.2003, p. 1). --------------------------------------------------
12005SA020

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - PART THREE:PERMANENT PROVISIONS - TITLE I:ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS - Article 20



Official Journal L 157 , 21/06/2005 P. 0210 - 0210
3. FREE MOVEMENT OF CAPITAL

Treaty establishing a Constitution for Europe.

1. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Romania may maintain in force for five years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of ownership over land for secondary residences by nationals of the Member States or the States which are a party to the European Economic Area Agreement (EEAA) non-resident in Romania and by companies formed in accordance with the laws of another Member State or of an EEAA State and being neither established nor having a branch or a representative agency in the territory of Romania.

Nationals of the Member States and nationals of the States which are a party to the European Economic Area Agreement who are legally resident in Romania shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Romania are subject.

2. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Romania may maintain in force for seven years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of agricultural land, forests and forestry land by nationals of the Member States, by nationals of the States which are a party to the European Economic Area Agreement and by companies formed in accordance with the laws of another Member State or an EEAA State which are neither established nor registered in Romania. In no instance may a national of a Member State be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of signature of the Accession Treaty or be treated in a more restrictive way than a national of a third country.

Self-employed farmers who are nationals of another Member State and who wish to establish themselves and reside in Romania, shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of Romania are subject.

A general review of these transitional measures shall be held in the third year following the date of accession. To this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten or terminate the transitional period indicated in the first subparagraph.

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Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS PROTOCOL - TITLE II:APPLICABILITY OF THE ACTS OF THE INSTITUTIONS - Article 58



Official Journal L 157 , 21/06/2005 P. 0044 - 0044



Article 58 The texts of the acts of the institutions adopted before accession and drawn up by the Council, the Commission or the European Central Bank in the Bulgarian and Romanian languages shall, from the date of accession, be authentic under the same conditions as the texts drawn up in the present official languages. They shall be published in the Official Journal of the European Union if the texts in the present languages were so published. --------------------------------------------------
12005SA050

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT - TITLE I:SETTING UP OF THE INSTITUTIONS AND BODIES - Article 50



Official Journal L 157 , 21/06/2005 P. 0219 - 0219
Article 9

1. The second paragraph of Article 189 of the EC Treaty and the second paragraph of Article 107 of the EAEC Treaty shall be replaced by the following:

"The number of Members of the European Parliament shall not exceed 736."

2. With effect from the start of the 2009-2014 term, in Article 190(2) of the EC Treaty and in Article 108(2) of the EAEC Treaty, the first subparagraph shall be replaced by the following:

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

Belgium | 22 |

Bulgaria | 17 |

Czech Republic | 22 |

Denmark | 13 |

Germany | 99 |

Estonia | 6 |

Greece | 22 |

Spain | 50 |

France | 72 |

Ireland | 12 |

Italy | 72 |

Cyprus | 6 |

Latvia | 8 |

Lithuania | 12 |

Luxembourg | 6 |

Hungary | 22 |

Malta | 5 |

Netherlands | 25 |

Austria | 17 |

Poland | 50 |

Portugal | 22 |

Romania | 33 |

Slovenia | 7 |

Slovakia | 13 |

Finland | 13 |

Sweden | 18 |

United Kingdom | 72." |

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Article 13

The last sentence of Article III-157(1) of the Constitution shall be replaced by the following:

"With regard to restrictions existing under national law in Bulgaria, Estonia and Hungary, the date in question shall be 31 December 1999."

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12005SPN04/B

Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - Annex IV:List referred to in Article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions - Agriculture - B.Veterinary and phytosanitary legislation



Official Journal L 157 , 21/06/2005 P. 0092 - 0092
12005SA058

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT - TITLE II:APPLICABILITY OF THE ACTS OF THE INSTITUTIONS - Article 58



Official Journal L 157 , 21/06/2005 P. 0220 - 0220
12005SA052

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - PART FIVE:PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT - TITLE II:APPLICABILITY OF THE ACTS OF THE INSTITUTIONS - Article 52



Official Journal L 157 , 21/06/2005 P. 0219 - 0219
3. FREE MOVEMENT OF CAPITAL

Treaty establishing a Constitution for Europe

1. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for five years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of ownership over land for secondary residences by nationals of the Member States or the States which are a party to the European Economic Area Agreement (EEAA) non-resident in Bulgaria and by legal persons formed in accordance with the laws of another Member State or of an EEAA State.

Nationals of the Member States and nationals of the States which are a party to the European Economic Area Agreement who are legally resident in Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Bulgaria are subject.

2. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for seven years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of agricultural land, forests and forestry land by nationals of another Member State, by nationals of the States which are a party to the European Economic Area Agreement and by legal persons formed in accordance with the laws of another Member State or an EEAA State. In no instance may a national of a Member State be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of signature of the Accession Treaty or be treated in a more restrictive way than a national of a third country.

Self-employed farmers who are nationals of another Member State and who wish to establish themselves and legally reside in Bulgaria, shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of Bulgaria are subject.

A general review of these transitional measures shall be held in the third year following the date of accession. To this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten or terminate the transitional period indicated in the first subparagraph.

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5. Declaration on the political agreement by the European Council concerning the draft Decision on the composition of the European Parliament

The European Council will give its political agreement on the revised draft Decision on the composition of the European Parliament for the legislative period 2009-2014, based on the proposal from the European Parliament.

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20. Declaration on Article 16 B of the Treaty on the Functioning of the European Union

The Conference declares that, whenever rules on protection of personal data to be adopted on the basis of Article 15a could have direct implications for national security, due account will have to be taken of the specific characteristics of the matter. It recalls that the legislation presently applicable (see in particular Directive 95/46/EC) includes specific derogations in this regard.

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14. Declaration concerning the common foreign and security policy

In addition to the specific rules and procedures referred to in paragraph 1 of Article 11 of the Treaty on European Union, the Conference underlines that the provisions covering the Common Foreign and Security Policy including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and the External Action Service will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State's membership of the Security Council of the United Nations.

The Conference also notes that the provisions covering the Common Foreign and Security Policy do not give new powers to the Commission to initiate decisions nor do they increase the role of the European Parliament.

The Conference also recalls that the provisions governing the Common Security and Defence Policy do not prejudice the specific character of the security and defence policy of the Member States.

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6. Declaration on Article 9 B(5) and (6), Article 9 D(6) and (7) and Article 9 E of the Treaty on European Union

In choosing the persons called upon to hold the offices of President of the European Council, President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy, due account is to be taken of the need to respect the geographical and demographic diversity of the Union and its Member States.

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56. Declaration by Ireland on Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice

Ireland affirms its commitment to the Union as an area of freedom, security and justice respecting fundamental rights and the different legal systems and traditions of the Member States within which citizens are provided with a high level of safety.

Accordingly, Ireland declares its firm intention to exercise its right under Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice to take part in the adoption of measures pursuant to Title IV of Part Three of the Treaty on the Functioning of the European Union to the maximum extent it deems possible.

Ireland will, in particular, participate to the maximum possible extent in measures in the field of police cooperation.

Furthermore, Ireland recalls that in accordance with Article 8 of the Protocol it may notify the Council in writing that it no longer wishes to be covered by the terms of the Protocol. Ireland intends to review the operation of these arrangements within three years of the entry into force of the Treaty of Lisbon.

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12007L/AFI/DCL/04

Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 - A. Declarations concerning provisions of the Treaties - 4. Declaration on the composition of the European Parliament



Official Journal 306 , 17/12/2007 P. 0249 - 0249
44. Declaration on Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union

The Conference notes that where a Member State has made a notification under Article 5(2) of the Protocol on the Schengen acquis integrated into the framework of the European Union that it does not wish to take part in a proposal or initiative, that notification may be withdrawn at any moment before the adoption of the measure building upon the Schengen acquis.

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EN Official Journal of the European Union C 326/1

DECLARATIONS

ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON,

signed on 13 December 2007

A. DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES

7. Declaration on Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union

The Conference declares that the decision relating to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the European Union will be adopted by the Council on the date of the signature of the Treaty of Lisbon and will enter into force on the day that Treaty enters into force. The draft decision is set out below: