Treaty on European Union: Preamble

Treaty on European Union: Preamble

• The treaty marks a new stage in European integration following the establishment of the European Communities.
• Cultural, religious, and humanist values of Europe have developed the rights of the human person, freedom, democracy, equality, and the rule of law.
• The ending of the division of the European continent requires creating firm bases for the future of Europe.
• The treaty confirms attachment to liberty, democracy, respect for human rights, fundamental freedoms, and the rule of law.
• Fundamental social rights are confirmed as defined in the European Social Charter (Turin, 18 October 1961) and the 1989 Community Charter of the Fundamental Social Rights of Workers.
• There is a desire to deepen solidarity while respecting history, culture, and traditions.
• A goal is to enhance the democratic and efficient functioning of institutions.
• One aim is to strengthen the convergence of economies and establish an economic and monetary union with a single, stable currency.
• Promoting economic and social progress, sustainable development, and environmental protection is important.
• Ensuring economic integration is accompanied by progress in other fields is necessary.
• A citizenship common to nationals of member countries should be established.
• There is a resolve to implement a common foreign and security policy, which might include a common defense policy.
• Intention is to reinforce European identity to promote global peace, security, and progress.
• A core goal is to facilitate free movement of persons while ensuring safety and security through an area of freedom, security, and justice.
• The process of creating an ever closer union among European people will continue via decisions as close as possible to the citizens.
• Further steps are necessary to advance European integration.

Title I: Common Provisions

• The High Contracting Parties establish the European Union (the Union).
• Member States confer competences to the Union to attain shared objectives.
• The treaty aims to create an ever closer union among the peoples of Europe, with decisions taken as openly and closely as possible to the citizen.
• The Union is founded on the present Treaty and the Treaty on the Functioning of the European Union (the Treaties), having the same legal value.
• The Union replaces and succeeds the European Community.
• The Union values human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of minorities, which are common among Member States.
• The Union promotes peace, its values, and the well-being of its peoples.
• The Union offers its citizens an area of freedom, security, and justice without internal frontiers. Free movement is ensured alongside measures for external border controls, asylum, immigration, and combating crime.
• The Union establishes an internal market and works for sustainable development based on balanced economic growth and price stability.
• The aim is a highly competitive social market economy, full employment, social progress, and a high level of environmental protection.
• Scientific and technological advance is promoted, alongside combating social exclusion and discrimination.
• The Union promotes social justice, equality between women and men, solidarity between generations, and protection of the rights of the child.
• Economic, social, and territorial cohesion, and solidarity among Member States is promoted.
• Respect is shown for cultural and linguistic diversity.
• Europe's cultural heritage is safeguarded and enhanced.
• The Union shall establish an economic and monetary union whose currency is the euro.
• The Union upholds and promotes its values and interests in its relations with the wider world.
• Contributing to world peace, security, sustainable development, solidarity, free trade, eradication of poverty, and the protection of human rights is important.
• Strict observance and development of international law, including the principles of the UN Charter are vital.
• Objectives are pursued by appropriate means matching the competences conferred in the Treaties.
• Competences not conferred upon the Union in the Treaties remain with the Member States.
• The Union respects the equality of Member States before the Treaties and their national identities, including regional and local self-government.
• Essential State functions, including territorial integrity, law and order, and national security, are respected; national security remains each Member State's sole responsibility.
• The Union and Member States shall assist each other in carrying out tasks, in full mutual respect, which flow from the Treaties.
• Member States shall take appropriate measures to ensure the fulfillment of obligations arising out of the Treaties or resulting from the acts of the institutions of the Union.
• Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.
• The limits of Union competences are governed by the principle of conferral, and the use of Union competences is governed by subsidiarity and proportionality.
• The Union acts only within the limits of the competences conferred upon it by the Member States in the Treaties.
• In areas which do not fall within the Union's exclusive competence, the Union acts only if the objectives cannot be sufficiently achieved by the Member States but can be better achieved at Union level.
• The institutions of the Union shall apply the principle of subsidiarity, and National Parliaments ensure compliance with this principle.
• Actions taken by the Union should not exceed what is necessary to achieve the objectives of the Treaties.
• The institutions of the Union shall apply the principle of proportionality.
• The Union recognizes the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which have the same legal value as the Treaties.
• The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.
• Rights and principles in the Charter will be interpreted in accordance with its general provisions and with due regard to the explanations in the Charter.
• The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. This accession shall not affect the Union's competences as defined in the Treaties.
• Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.
• The Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the EU values.
• The Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.
• The Council shall regularly verify that the grounds on which such a determination continue to apply.
• The European Council, acting by unanimity, may determine the existence of a serious and persistent breach by a Member State of the values after the state submits observations.
• The Council, acting by a qualified majority, may then suspend membership rights.
• The Council shall consider the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
• Obligations of the Member State under the Treaties remain binding on the State.
• The Council, acting by a qualified majority, may vary or revoke measures imposed.
• Voting arrangements for these measures in the European Parliament, the European Council and the Council are laid down in Article 354 of the Treaty on the Functioning of the European Union.
• The Union shall develop a special relationship with neighboring countries, aiming to establish an area of prosperity and good neighborliness, founded on the values of the Union and characterized by close and peaceful relations based on cooperation.
• The Union may conclude specific agreements with concerned countries that contain reciprocal rights and obligations, including the possibility of undertaking activities jointly, with periodic consultations about their implementation.

Title II: Provisions on Democratic Principles

• The Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions.
• Every national of a Member State shall be a citizen of the Union, additional to national citizenship.
• The functioning of the Union shall be founded on representative democracy.
• Citizens are directly represented at Union level in the European Parliament.
• Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
• Every citizen shall have the right to participate in the democratic life of the Union, and decisions shall be taken as openly and as closely as possible to the citizen.
• Political parties at European level contribute to forming European political awareness and to expressing citizens' will.
• The institutions shall give citizens and representative associations the opportunity to make known and publicly exchange their views.
• The institutions shall maintain an open, transparent, and regular dialogue with representative associations and civil society.
• The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent.
• Not less than one million citizens, who are nationals of a significant number of Member States, may invite the Commission to submit proposals on matters where citizens think a legal act is required to implement the Treaties.
• Procedures and conditions for such a citizen's initiative will be determined in line with Article 24 of the Treaty on the Functioning of the European Union.
• National Parliaments contribute to the good functioning of the Union through various means.
• They are informed by the institutions of the Union and have draft legislative acts of the Union forwarded to them.
• National Parliaments ensure the principle of subsidiarity is respected
• They take part in the implementation of the Union policies for Freedom, Security and Justice
• National Parliaments take part in the revision procedures of the Treaties
• They are notified of applications for accession to the Union.
• They take part in the inter-parliamentary cooperation between national Parliaments and the European Parliament.

Title III: Provisions on the Institutions

• The Union shall have an institutional framework to promote its values, advance its objectives, serve its interests and ensure the consistency, effectiveness, and continuity of its policies and actions.
• The institutions of the Union include the European Parliament, the European Council, the Council, the European Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors.
• Each institution shall act within the limits of the powers conferred on it in the Treaties, and institutions shall practice mutual sincere cooperation within the procedures, conditions and objectives.
• Provisions relating to the European Central Bank, the Court of Auditors and other detailed provisions on other institutions are set out in the Treaty on the Functioning of the European Union.
• The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
• The European Parliament, jointly with the Council, exercises legislative and budgetary functions
• It exercises political control and consultation functions as laid down in the Treaties, with the exception of legislative functions
• The European Parliament elects the President of the Commission.
• The European Parliament is composed of representatives of the Union's citizens which shall not exceed 750 in number, plus the President
• The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a decision establishing the composition of the European Parliament.
• Members of the European Parliament are elected for a term of five years by direct universal suffrage in a free and secret ballot.
• The European Parliament elects its President and its officers from among its members.
• The European Council shall provide the Union with the necessary impetus for its development and define its general political directions and priorities but it shall not exercise legislative functions.
• The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.
• The European Council shall meet twice every six months, convened by its President, with additional attendees as needed.
• Decisions of the European Council shall be taken by consensus.
• The European Council shall elect its President, by a qualified majority, for a term of two and a half years, which is renewable once.
• The President of the European Council shall chair it and drive forward its work
• The President of the European Council shall ensure the preparation and continuity of the work of the European Council
• The President of the European Council will endeavor to facilitate cohesion and consensus within the European Council
• The President of the European Council shall present a report to the European Parliament after each meeting of the European Council.
• The President of the European Council shall ensure the external representation of the Union on issues concerning its common foreign and security policy. The President cannot hold a national office.
• The Council shall jointly exercise legislative and budgetary functions with the European Parliament
• The Council shall carry out policy-making and coordinating functions, acting by a qualified majority except where the Treaties provide otherwise.
• The Council shall consist of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote.
• From 1 November 2014, a qualified majority shall be defined as at least 55% of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65% of the population of the Union.
• The Council shall meet in different configurations, the list of which shall be adopted in accordance with Article 236 of the Treaty on the Functioning of the European Union.
• The General Affairs Council shall ensure consistency in the work of the different Council configurations.
• It shall prepare and ensure the follow-up to meetings of the European Council.
• The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's action is consistent.
• A Committee of Permanent Representatives of the Governments of the Member States shall be responsible for preparing the work of the Council.
• The Council shall meet in public when it deliberates and votes on a draft legislative act. Each Council meeting shall be divided into two parts, dealing respectively with deliberations on Union legislative acts and non-legislative activities.
• The Presidency of Council configurations, other than that of Foreign Affairs is held on the basis of equal rotation.
• The Commission shall promote the general interest of the Union and take appropriate initiatives to that end.
• It shall ensure the application of the Treaties and measures adopted by the institutions pursuant to them and oversee the application of Union law under the control of the Court of Justice of the European Union.
• The Commission shall execute the budget and manage programs and exercise coordinating, executive and management functions.
• With the exception of the common foreign and security policy, the Union's external representation is ensured by the Commission initiating the Union's annual and multiannual programming.
• Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise.
• The Commission's term of office shall be five years.
• The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt and who can't seek instructions from governments.
• From 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.
• They shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States.
• The President of the Commission shall lay down guidelines within which the Commission is to work
• Appoint Vice Presidents
• The Commission, as a body, shall be responsible to the European Parliament.
• The European Council, with a qualified majority, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy with agreement of the Commission President.
• The High Representative shall conduct the Union's common foreign and security policy.
• The High Representative presiding over the Foreign Affairs Council shall also be one of the Vice-Presidents of the Commission.
• The High Representative will also ensure consistency in the Union's external relations and coordination within the Commission.
• The Court of Justice of the European Union shall include the Court of Justice, the General Court, and specialized courts.
• It shall have the task of interpretation and application of law under the Treaties.
• Member States must provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.
• The Court of Justice shall consist of one judge from each Member State and Advocate Generals
• Judges serve for 6 year terms

Title IV: Provisions on Enhanced Cooperation

• Member States which wish to establish enhanced cooperation between themselves within the framework of the Union's non-exclusive competences may use its institutions.
• Enhanced cooperation shall aim to further the Union's objectives, protect its interests, and reinforce its integration process and shall be open at any time to all Member States.
• The decision authorizing enhanced cooperation shall be adopted by the Council as a last resort when the objectives of the cooperation cannot be attained within a reasonable period by the Union as a whole.
• The Council acts in accordance with the procedure laid down in Article 329 of the Treaty on the Functioning of the European Union.
• Acts adopted in the framework of enhanced cooperation shall bind only participating Member States.

Title V: General Provisions on the Union's External Action and Specific Provisions on the Common Foreign and Security Policy

• The Union's action on the international scene shall be guided by the principles which have inspired its own creation. These include democracy, the rule of law, human rights, and international law.
• The Union shall seek to develop relations and build partnerships with third countries, international, regional or global organisations and shall promote multilateral solutions to common problems.
• The Union shall define and pursue common policies and actions.
• The Union Competence in matters of common foreign and security policy shall cover all areas of foreign policy, including the progressive framing of a common defense policy that might lead to a common defense.
• The common foreign and security policy is subject to specific rules and procedures.
• The adoption of legislative acts shall be excluded.
• The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties.
• The Member States shall support in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in this area.
• Member States shall coordinate action, refrain from anything that opposes interests of the Union and develop their political solidarity.
• The Council shall frame the common foreign and security policy based on guidelines laid down by the European council.
• The tasks referred to in Article 42(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks
• Decisions relating to the common security and defence policy, including mission initiations, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or a Member State initiative. Additionally, the High Representative may propose the use of both national resources and Union instruments, along with the Commission as deemed appropriate.
• Should any Member State find itself subjected to armed aggression within its borders, then the other Member States shall provide aid and assistance through all available means, in accordance with Article 51 of the United Nations Charter. It should be noted that this does not encroach upon the unique characteristics of the security and defense strategies of certain Member States.

Title VI: Final Provisions

• The Union shall have legal personality.
• The Treaties may be amended in accordance with an ordinary revision procedure as put forward by the European Parliament, the Commission or any member state which is then submitted to the council.
• The treaties shall be ratified by the High Contracting Parties and enter into force on January 1, 1993.
• The Treaty is official in all languages spoken by member states.
• The Protocols and Annexes to the Treaties shall form an integral part thereof.
• The Treaties shall apply to a list of specifically named countries as is stated within the document