Timothy Kirkhope MEP - Leader of the Conservatives in the European Parliament

Praesidium

Timothy Kirkhope MEP

DRAFT TEXT OF THE ARTICLES OF THE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE

DRAFT TEXT OF THE ARTICLES OF THE EUROPEAN COMMUNITY'S SIMPLIFYING TREATY

TITLE I: Definition and objectives of the Union

TITLE I: Definition and objectives of the European Community

Article 1: Establishment of the Union

Article 1: Establishment of the European Community

1. Reflecting the will of the peoples and the States of Europe to build a common future, this Constitution establishes a Union (entitled ÷), within which the policies of the Member States shall be coordinated, and which shall administer certain common competences on a federal basis.

1. This simplifying Treaty establishes a European Community which shall have as its task the competences outlined in Title III.

2. The Union shall respect the national identities of its Member States.

2. The Community shall respect the national identities of its Member States and their national sovereignties.

3. The Union shall be open to all European States whose peoples share the same values, respect them and are committed to promoting them together.

3. The Community shall be open to all European States who wish to work together for their mutual benefit.

4. The people of each Member State shall be consulted by referenda (where permitted by national constitutions) before ratification of this simplifying Treaty by Member States' Governments.

Article 2: The UnionÌs values

Aticle 2: The Community's values

The Union is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights, values which are common to the Member States. Its aim is a society at peace, through the practice of tolerance, justice and solidarity.

The Community is founded on the values of respect for human dignity, liberty, democracy, the rule of law and respect for human rights, values which are common to the Member States. Its aim is a society at peace, through the practice of tolerance, justice and solidarity.

Article 3: The Union's objectives

Article 3: The Community's objectives

1. The Union's aim is to promote peace, its values and the well-being of its peoples.

1. The Community's aim is to promote peace, its values and the well-being of its peoples.

2. The Union shall work for a Europe of sustainable development based on balanced economic growth and social justice, with a free single market, and economic and monetary union, aiming at full employment and generating high levels of competitiveness and living standards. It shall promote economic and social cohesion, equality between women and men, and environmental and social protection, and shall develop scientific and technological advance including the discovery of space. It shall encourage solidarity between generations and between States, and equal opportunities for all.

2. The Community shall work for a Europe of sustainable development based on deregulation, competitiveness, a market economy for companies and consumers, free trade, environmental protection and economic and monetary union for those who wish to participate.

3. The Union shall constitute an area of freedom, security and justice, in which its shared values are developed and the richness of its cultural diversity is respected.

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4. In defending Europe's independence and interests, the Union shall seek to advance its values in the wider world. It shall contribute to the sustainable development of the earth, solidarity and mutual respect among peoples, eradication of poverty and protection of children's rights, strict observance of internationally accepted legal commitments, and peace between States.

4. The Community shall contribute to sustainable development, mutual respect among peoples, the promotion of free markets and free trade, observance of internationally accepted legal commitments, and peace between States.

5. These objectives shall be pursued by appropriate means, depending on the extent to which the relevant competences are attributed to the Union by this Constitution.

5. These objectives shall be pursued by appropriate means, depending on the extent to which the relevant competences are attributed to the Community by this simplifying Treaty.

Article 4: Legal personality

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The Union shall have legal personality.

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TITLE II: Fundamental rights and citizenship of the Union

TITLE II: Citizenship

Article 5: Fundamental rights

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1. The Charter of Fundamental Rights shall be an integral part of the Constitution. The Charter is set out (in the second part of/in a Protocol annexed to) this Constitution. 

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2. The Union may accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accession to that Convention shall not affect the Union's competences as defined by this Constitution.

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3. 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.

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Article 6: Non-discrimination on grounds of nationality

Article 6: Non-discrimination on grounds of nationality

In the field of application of this Constitution and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be prohibited.

In the field of application of this simplifying Treaty and without prejudice to any of its specific provisions, any discrimination on grounds of nationality shall be avoided wherever reasonable and possible.

Article 7: Citizenship of the Union

Article 7: Citizenship

1. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to national citizenship; it shall not replace it. All citizens of the Union, women and men, shall be equal before the law.

1. Citizenship of a Member State shall also confer citizenship of the European Community. Citizenship of the European Community shall not replace national citizenship.

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

Ò the right to move and reside freely within the territory of the Member States;

Ò the right to vote and to stand as a candidate 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;

Ò the right to enjoy, in the territory of a third country in which the Member State of which they are a national 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;

Ò the right to petition the European Parliament, to apply to the Ombudsman, and to write to the institutions and advisory bodies of the Union in any of the Union's languages and to obtain a reply in the same language.

2. Citizens of the Community shall enjoy the rights and be subject to the duties provided for in this simplifying Treaty. They shall have:

Ò the right to move and reside freely within the territory of the Member States;

Ò the right to vote and to stand as a candidate 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;

Ò the right to enjoy, in the territory of a third country in which the Member State of which they are a national 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;

Ò the right to petition the European Parliament, to apply to the Ombudsman, and to write to the institutions and advisory bodies of the Community in any of the Community's languages and to obtain a reply in the same language.

3. These rights shall be exercised in accordance with the conditions and limits defined by this Constitution and by the measures adopted to give it effect.

3. These rights shall be exercised in accordance with the conditions and limits defined by this simplifying Treaty and by the measures adopted to give it effect.

TITLE III: The Union's competences

TITLE III: The Community's competences

Article 8: Fundamental principles

Article 8: Fundamental principles

1. The limits and use of Union competences are governed by the principles of conferral, subsidiarity, proportionality and loyal cooperation.

1. The limits and use of Community competences are governed by the principles of conferral, subsidiarity, proportionality and cooperation.

2. In accordance with the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Constitution to attain the objectives the Constitution sets out. Competences not conferred upon the Union by the Constitution remain with the Member States.

2. In accordance with the principle of conferral, the Community shall act within the limits of the competences conferred upon it by the simplifying Treaty to attain the objectives the simplifying Treaty sets out. Competences not conferred upon the Community by the simplifying Treaty remain with the Member States.

3. In accordance with the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

3. In accordance with the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Community shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, acting alone or with each other, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Community level by unanimous agreement in each case.

4. In accordance with the principle of proportionality, the scope and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitution.

4. In accordance with the principle of proportionality, the scope and form of Community action shall not exceed what is necessary to achieve the objectives of the simplifying Treaty as specified for each competence.

5. In accordance with the principle of loyal cooperation, the Union and the Member States shall, in full mutual respect, assist each other to carry out tasks which flow from the Constitution.

5. In accordance with the principle of cooperation, the Community and the Member States should, in full mutual respect, assist each other to carry out tasks which flow from the simplifying Treaty.

Article 9: Application of fundamental principles

Article 9: Application of fundamental principles

1. The Constitution, and law adopted by the Union Institutions in exercising competences conferred on it by the Constitution, shall have primacy over the law of the Member States.

1. The simplifying Treaty, and law adopted by the Community Institutions in exercising competences conferred on it by the simplifying Treaty, should be considered law in a Member State once the National Parliament concerned has approved that law.

2. In exercising the Union's non-exclusive competences, the Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality annexed to the Constitution. The procedure set out in the Protocol shall enable national parliaments to ensure compliance with the principle of subsidiarity. 

2. In exercising the CommunityÌs non-exclusive competences, the Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality annexed to the simplifying Treaty. The procedure set out in the Protocol shall enable national parliaments to ensure compliance with the principle of subsidiarity.

3. In exercising the Union's competences, the Institutions shall apply the principle of proportionality as laid down in the same Protocol.

3. In exercising the CommunityÌs competences, the Institutions shall apply the principle of proportionality as laid down in the same Protocol.

4. Member States shall take all appropriate measures, general or particular, to ensure fulfilment of the obligations flowing from the Constitution or resulting from actions taken by the Union Institutions.

4. Member States should take all appropriate measures to ensure fulfilment of the obligations flowing from the simplifying Treaty or resulting from actions taken by the Community Institutions, under the scrutiny of joint committees of national MPs and MEPs.

5. In accordance with the principle of loyal cooperation, Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the objectives set out in the Constitution. The Union shall act loyally towards the Member States.

5. In accordance with the principle of cooperation, Member States should facilitate the achievement of the CommunityÌs tasks.

6. The Union shall respect the national identities of its Member States, inherent in their fundamental structures and essential State functions, especially their political and constitutional structure, including the organisation of public administration at national, regional and local level.

6. The Community shall respect the national identities of its Member States, inherent in their fundamental structures and essential State functions, especially their political and constitutional structure, including the organisation of public administration at national, regional and local level.

Article 10: Categories of competence

Article 10: Categories of competence

1. When the Constitution confers on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union.

1. When the simplifying Treaty confers on the Community exclusive competence in a specific area, only the Community may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Community providing such exclusivity has been unanimously agreed.

2. When the Constitution confers on the Union a competence shared with the Member States in a specific area, the Union and the Member States shall have the power to legislate and adopt legally binding acts in this area. The Member States shall exercise their competence only if and to the extent that the Union has not exercised its.

2. When the simplifying Treaty confers on the Community a competence shared with the Member States in a specific area, the Community and the Member States shall have the power to legislate and adopt legally binding acts in this area. The Community should exercise its competence only if and to the extent that the Member States have not exercised theirs.

3. The Union shall have competence to coordinate the economic policies of the Member States.

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4. The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.

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5. In certain areas and in the conditions laid down in the Constitution, the Union shall have competence to carry out actions to coordinate, supplement or support the actions of the Member States, without thereby superseding their competence in these areas.

5. In certain areas and in the conditions laid down in the simplifying Treaty, the Community shall have competence to carry out actions to coordinate, supplement or support the actions of the Member States, without thereby superseding their competence in these areas, providing such actions have been unanimously agreed.

6. The Union shall exercise its competences to implement the policies defined in Part Two of the Constitution in accordance with the provisions specific to each area which are there set out.

6. The Community shall exercise its competences to implement the policies defined in Part Two of the simplifying Treaty in accordance with the provisions specific to each area which are there set out.

Article 11: Exclusive competences

Article 11: Exclusive competences

1. The Union shall have exclusive competence to ensure the free movement of persons, goods, services and capital, and establish competition rules, within the internal market, and in the following areas:

- customs union,

- common commercial policy,

- monetary policy for the adopted the euro,

- the conservation of marine biological resources under the common fisheries policy. 

1. The Community shall have exclusive competence to ensure the free movement of persons, goods, services and capital, and establish competition rules, within the internal market, and in the following areas:

- customs union orientated towards international free trade,

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2. The Union shall have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union, is necessary to enable the Union to exercise its competence internally, or affects an internal Union act.

2. The Community shall have exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Community, is necessary to enable the Community to exercise its competence internally, or affects an internal Community act.

Article 12: Shared competences

Article 12: Shared competences

1. The Union shall share competence with the Member States where the Constitution confers on it a competence which does not relate to the areas referred to in Articles 11 and 15 .

1. The Community shall share competence with the Member States where the simplifying Treaty confers on it a competence which does not relate to the areas referred to in Articles 11 and 15 .

2. The scope of shared competences is determined by the provisions of Part Two.

2. The scope of shared competences is determined by the provisions of Part Two.

3. Where the Union has not exercised or ceases to exercise its competence in an area of shared competence, the Member States may exercise theirs.

3. Where the Community has not exercised or ceases to exercise its competence in an area of shared competence, the Member States may exercise theirs. Areas of shared competence shall be reviewed on a regular basis to ensure competences are exercised at the appropriate level according to the principle of subsidiarity.

4. Shared competence applies in the following principal areas:

- internal market

- area of freedom, security and justice

- agriculture and fisheries

- transport

- trans-European networks

- energy

- social policy

- economic and social cohesion

- environment

- public health, and

- consumer protection

4. Shared competence applies in the following principal areas:

- internal market

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- agriculture (DELETE fisheries)

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- trans-European networks

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- environment

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consumer protection, and

commercial policy

5. In the areas of research, technological development and space, the Union shall have competence to carry out actions, in particular to implement programmes; however, the exercise of that competence may not result in Member States being prevented from exercising their competence.

5. In the areas of research and technological development, the Community shall have competence to carry out actions, in particular to implement programmes, provided such actions have been agreed by unanimity; however, the exercise of that competence shall not result in Member States being prevented from exercising their competence.

6. In the areas of development cooperation and humanitarian aid, the Union shall have competence to take action and conduct a common policy; however, the exercise of that competence may not result in Member States being prevented from exercising their competence.

6. In the areas of development cooperation and humanitarian aid, the Community shall have competence to take action and conduct a common policy; however, the exercise of that competence shall not result in Member States being prevented from exercising their competence.

Article 13: The coordination of economic policies

Article 13: The coordination of economic policies

1. The Union shall coordinate the economic policies of the Member States, in particular by establishing broad guidelines for these policies.

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2. The Member States shall conduct their economic policies, taking account of the common interest, so as to contribute to the achievement of the objectives of the Union.

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3. Specific provisions shall apply to those Member States which have adopted the euro.

3.Specific provisions should apply to those Member States which have adopted the euro.

Article 14: The common foreign and security policy

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1. Member States shall actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity. They shall refrain from action contrary to the Union's interests or likely to undermine its effectiveness.

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Article 15: Areas for supporting action

Article 15: Areas for supporting action

1. The Union may take coordinating, complementary or supporting action. The scope of this competence is determined by the provisions of Part Two.

1 The Community may take coordinating, complementary or supporting action.The scope of this competence is determined by the provisions of Part Two.

2. The areas for supporting action are:

- employment

- industry

- education, vocational training and youth

- culture

- sport

- protection against disasters

2. The areas for supporting action are:

- employment to provide a flexible labour market

- industry to promote a deregulated industrial base

- education, vocational training and youth

- culture

- sport

- protection against disasters

- transport

- energy

3. The Member States shall coordinate their national employment policies within the Union.

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4. Legally binding acts adopted by the Union on the basis of the provisions specific to these areas in Part Two cannot entail harmonisation of Member States' laws or regulations.

4. Legally binding acts adopted by the Community on the basis of the provisions specific to these areas in Part Two cannot entail harmonisation of Member States' laws or regulations.

Article 16: Flexibility clause

Article 16: Flexibility clause

1. If action by the Union should prove necessary within the framework of the policies defined in Part Two to attain one of the objectives set by this Constitution, and the Constitution has not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament, shall take the appropriate measures.

1. If action by the Community should prove necessary within the framework of the policies defined in Part Two to attain one of the objectives set by this simplifying Treaty, and the simplifying Treaty has not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after obtaining the assent of the European Parliament and, where permitted by national constitutions, national referenda, shall take the appropriate measures, providing such actions will not curtail any Member State from acting unilaterally to promote its interests.

2. Using the procedure for monitoring the subsidiarity principle referred to in Article 9, the Commission shall draw Member States' national parliaments' attention to proposals based on this Article.

2. Using the procedure for monitoring the subsidiarity principle referred to in Article 9, the Commission shall draw Member States' national parliaments' attention to proposals based on this Article.

3. Provisions adopted on the basis of this Article may not entail harmonisation of Member States' laws or regulations in cases where the Constitution excludes such harmonisation.

3. Provisions adopted on the basis of this Article cannot entail harmonisation of Member States' laws or regulations in cases where the simplifying Treaty excludes such harmonisation.