CONSOLIDATED VERSION THE TREATY ON EUROPEAN UNION

Transcription

1 CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION Article 2 The Unin is funded n the values f respect fr human dignity, freedm, demcracy, equality, the rule f law and respect fr human rights, including the rights f persns belnging t minrities. These values are cmmn t the Member States in a sciety in which pluralism, nn-discriminatin, tlerance, justice, slidarity and equality between wmen and men prevail. Article 3 (ex Article 2 TEU) 1. The Unin's aim is t prmte peace, its values and the well-being f its peples. 2. The Unin shall ffer its citizens an area f freedm, security and justice withut internal frntiers, in which the free mvement f persns is ensured in cnjunctin with apprpriate measures with respect t external brder cntrls, asylum, immigratin and the preventin and cmbating f crime. 3. The Unin shall establish an internal market. It shall wrk fr the sustainable develpment f Eurpe based n balanced ecnmic grwth and price stability, a highly cmpetitive scial market ecnmy, aiming at full emplyment and scial prgress, and a high level f prtectin and imprvement f the quality f the envirnment. It shall prmte scientific and technlgical advance. It shall cmbat scial exclusin and discriminatin, and shall prmte scial justice and prtectin, equality between wmen and men, slidarity between generatins and prtectin f the rights f the child. It shall prmte ecnmic, scial and territrial chesin, and slidarity amng Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Eurpe's cultural heritage is safeguarded and enhanced. 4. The Unin shall establish an ecnmic and mnetary unin whse currency is the eur.

2 5. In its relatins with the wider wrld, the Unin shall uphld and prmte its values and interests and cntribute t the prtectin f its citizens. It shall cntribute t peace, security, the sustainable develpment f the Earth, slidarity and mutual respect amng peples, free and fair trade, eradicatin f pverty and the prtectin f human rights, in particular the rights f the child, as well as t the strict bservance and the develpment f internatinal law, including respect fr the principles f the United Natins Charter. Article 6 (ex Article 6 TEU) 1. The Unin recgnises the rights, freedms and principles set ut in the Charter f Fundamental Rights f the Eurpean Unin f 7 December 2000, as adapted at Strasburg, n 12 December 2007, which shall have the same legal value as the Treaties. The prvisins f the Charter shall nt extend in any way the cmpetences f the Unin as defined in the Treaties. The rights, freedms and principles in the Charter shall be interpreted in accrdance with the general prvisins in Title VII f the Charter gverning its interpretatin and applicatin and with due regard t the explanatins referred t in the Charter, that set ut the surces f thse prvisins. 2. The Unin shall accede t the Eurpean Cnventin fr the Prtectin f Human Rights and Fundamental Freedms. Such accessin shall nt affect the Unin's cmpetences as defined in the Treaties. 3. Fundamental rights, as guaranteed by the Eurpean Cnventin fr the Prtectin f Human Rights and Fundamental Freedms and as they result frm the cnstitutinal traditins cmmn t the Member States, shall cnstitute general principles f the Unin's law. Article 7 (ex Article 7 TEU) 1. On a reasned prpsal by ne third f the Member States, by the Eurpean Parliament r by the Eurpean Cmmissin, the Cuncil, acting by a majrity f fur fifths f its members after btaining the cnsent f the Eurpean Parliament, may determine that there is a clear risk f a serius breach by a Member State f the values referred t in Article 2. Befre making such a determinatin, the Cuncil shall hear the Member State in questin and may address recmmendatins t it, acting in accrdance with the same prcedure. The Cuncil shall regularly verify that the grunds n which such a determinatin was made cntinue t apply. 2. The Eurpean Cuncil, acting by unanimity n a prpsal by ne third f the Member States r by the Cmmissin and after btaining the cnsent f the Eurpean Parliament, may

3 determine the existence f a serius and persistent breach by a Member State f the values referred t in Article 2, after inviting the Member State in questin t submit its bservatins. 3. Where a determinatin under paragraph 2 has been made, the Cuncil, acting by a qualified majrity, may decide t suspend certain f the rights deriving frm the applicatin f the Treaties t the Member State in questin, including the vting rights f the representative f the gvernment f that Member State in the Cuncil. In ding s, the Cuncil shall take int accunt the pssible cnsequences f such a suspensin n the rights and bligatins f natural and legal persns. The bligatins f the Member State in questin under this Treaty shall in any case cntinue t be binding n that State. 4. The Cuncil, acting by a qualified majrity, may decide subsequently t vary r revke measures taken under paragraph 3 in respnse t changes in the situatin which led t their being impsed. 5. The vting arrangements applying t the Eurpean Parliament, the Eurpean Cuncil and the Cuncil fr the purpses f this Article are laid dwn in Article 354 f the Treaty n the Functining f the Eurpean Unin. Article 26 (ex Article 13 TEU) 1. The Eurpean Cuncil shall identify the Unin's strategic interests, determine the bjectives f and define general guidelines fr the cmmn freign and security plicy, including fr matters with defence implicatins. It shall adpt the necessary decisins. If internatinal develpments s require, the President f the Eurpean Cuncil shall cnvene an extrardinary meeting f the Eurpean Cuncil in rder t define the strategic lines f the Unin's plicy in the face f such develpments. 2. The Cuncil shall frame the cmmn freign and security plicy and take the decisins necessary fr defining and implementing it n the basis f the general guidelines and strategic lines defined by the Eurpean Cuncil. The Cuncil and the High Representative f the Unin fr Freign Affairs and Security Plicy shall ensure the unity, cnsistency and effectiveness f actin by the Unin. 3. The cmmn freign and security plicy shall be put int effect by the High Representative and by the Member States, using natinal and Unin resurces.

4 CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION Chapter 3 Judicial cperatin in civil matters Article 81 (ex Article 65 TEC) 1. The Unin shall develp judicial cperatin in civil matters having crss-brder implicatins, based n the principle f mutual recgnitin f judgments and f decisins in extrajudicial cases. Such cperatin may include the adptin f measures fr the apprximatin f the laws and regulatins f the Member States. 2. Fr the purpses f paragraph 1, the Eurpean Parliament and the Cuncil, acting in accrdance with the rdinary legislative prcedure, shall adpt measures, particularly when necessary fr the prper functining f the internal market, aimed at ensuring: (a) (b) (c) (d) (e) (f) (g) (h) the mutual recgnitin and enfrcement between Member States f judgments and f decisins in extrajudicial cases; the crss-brder service f judicial and extrajudicial dcuments; the cmpatibility f the rules applicable in the Member States cncerning cnflict f laws and f jurisdictin; cperatin in the taking f evidence; effective access t justice; the eliminatin f bstacles t the prper functining f civil prceedings, if necessary by prmting the cmpatibility f the rules n civil prcedure applicable in the Member States; the develpment f alternative methds f dispute settlement; supprt fr the training f the judiciary and judicial staff.

5 3. Ntwithstanding paragraph 2, measures cncerning family law with crss-brder implicatins shall be established by the Cuncil, acting in accrdance with a special legislative prcedure. The Cuncil shall act unanimusly after cnsulting the Eurpean Parliament. The Cuncil, n a prpsal frm the Cmmissin, may adpt a decisin determining thse aspects f family law with crss-brder implicatins which may be the subject f acts adpted by the rdinary legislative prcedure. The Cuncil shall act unanimusly after cnsulting the Eurpean Parliament. The prpsal referred t in the secnd subparagraph shall be ntified t the natinal Parliaments. If a natinal Parliament makes knwn its ppsitin within six mnths f the date f such ntificatin, the decisin shall nt be adpted. In the absence f ppsitin, the Cuncil may adpt the decisin. CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION TITLE VI JUSTICE ARTICLE 47 Right t an effective remedy and t a fair trial Everyne whse rights and freedms guaranteed by the law f the Unin are vilated has the right t an effective remedy befre a tribunal in cmpliance with the cnditins laid dwn in this Article. Everyne is entitled t a fair and public hearing within a reasnable time by an independent and impartial tribunal previusly established by law. Everyne shall have the pssibility f being advised, defended and represented. Legal aid shall be made available t thse wh lack sufficient resurces in s far as such aid is necessary t ensure effective access t justice.

6 COUNCIL OF EUROPE The Eurpean Cnventin n Human Rights ROME 4 Nvember 1950 ARTICLE 6 1. In the determinatin f his civil rights and bligatins r f any criminal charge against him, everyne is entitled t a fair and public hearing within a reasnable time by an independent and impartial tribunal established by law. Judgement shall be prnunced publicly by the press and public may be excluded frm all r part f the trial in the interest f mrals, public rder r natinal security in a demcratic sciety, where the interests f juveniles r the prtectin f the private life f the parties s require, r the extent strictly necessary in the pinin f the curt in special circumstances where publicity wuld prejudice the interests f justice. 2. Everyne charged with a criminal ffence shall be presumed inncent until prved guilty accrding t law. 3. Everyne charged with a criminal ffence has the fllwing minimum rights: (a) t be infrmed prmptly, in a language which he understands and in detail, f the nature and cause f the accusatin against him; (b) t have adequate time and the facilities fr the preparatin f his defence; (c) t defend himself in persn r thrugh legal assistance f his wn chsing r, if he has nt sufficient means t pay fr legal assistance, t be given it free when the interests f justice s require; (d) t examine r have examined witnesses against him and t btain the attendance and examinatin f witnesses n his behalf under the same cnditins as witnesses against him; (e) t have the free assistance f an interpreter if he cannt understand r speak the language used in curt.