<TI> Draft TREATY ESTABLISHING A CONSTITUTION FOR EUROPE Adopted by consensus by the European Convention on 13 June and 10 July 2003 SUBMITTED TO THE PRESIDENT OF THE EUROPEAN COUNCIL IN ROME — 18 July 2003

C 169 2003 EN EN 0001 1 1 7 7 <TI> Draft TREATY ESTABLISHING A CONSTITUTION FOR EUROPE Adopted by consensus by the European Convention on 13 June and 10 July 2003 SUBMITTED TO THE PRESIDENT OF THE EUROPEAN COUNCIL IN ROME — 18 July 2003 — (2003/C 169/01) </TI> <TI> TABLE OF CONTENTS </TI> Page PREFACE 7 PREAMBLE 8 PART I 8 TITLE I - DEFINITION AND OBJECTIVES OF THE UNION 8 TITLE II - FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION 9 TITLE III - UNION COMPETENCES 10 TITLE IV - THE UNION'S INSTITUTIONS 12 Chapter I - The institutional framework 12 Chapter II - Other institutions and bodies 15 TITLE V - EXERCISE OF UNION COMPETENCE 16 Chapter I - Common provisions 16 Chapter II - Specific provisions 17 Chapter III - Enhanced cooperation 19 TITLE VI - THE DEMOCRATIC LIFE OF THE UNION 19 TITLE VII - THE UNION'S FINANCES 20 TITLE VIII - THE UNION AND ITS IMMEDIATE ENVIRONMENT 21 TITLE IX - UNION MEMBERSHIP 21 PART II: THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION 22 PREAMBLE 22 TITLE I - DIGNITY 23 TITLE II - FREEDOMS 24 TITLE III - EQUALITY 25 TITLE IV - SOLIDARITY 25 TITLE V - CITIZENS' RIGHTS 27 TITLE VI - JUSTICE 28 TITLE VII - GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER 28 PART III: THE POLICIES AND FUNCTIONING OF THE UNION 29 TITLE I - CLAUSES OF GENERAL APPLICATION 29 TITLE II - NON-DISCRIMINATION AND CITIZENSHIP 29 TITLE III - INTERNAL POLICIES AND ACTION 30 Chapter I - Internal market 30 Section 1 - Establishment of the Internal Market 30 Section 2 - Free movement of persons and services 31 Subsection 1 - Workers 31 Subsection 2 - Freedom of establishment 32 Subsection 3 - Freedom to provide services 33 Section 3 - Free movement of goods 33 Subsection 1 - Customs Union 33 Subsection 2 - Customs cooperation 34 Subsection 3 - Prohibition of quantitative restrictions 34 Section 4 - Capital and payments 34 Section 5 - Rules on competition 35 Subsection 1 - Rules applying to undertakings 35 Subsection 2 - Aids granted by Member States 36 Section 6 - Fiscal provisions 37 Section 7 - Approximation of legislation 38 Chapter II - Economic and monetary policy 39 Section 1 - Economic policy 39 Section 2 - Monetary policy 42 Section 3 - Institutional provisions 43 Section 3a - Provisions specific to Member States which are part of the euro area 44 Section 4 - Transitional provisions 45 Chapter III - Policies in other specific areas 47 Section 1 - Employment 47 Section 2 - Social policy 48 Subsection 1 - The European Social Fund 50 Section 3 - Economic, social and territorial cohesion 50 Section 4 - Agriculture and fisheries 51 Section 5 - Environment 52 Section 6 - Consumer protection 53 Section 7 - Transport 54 Section 8 - Trans-European networks 55 Section 9 - Research and Technological Development, and Space 55 Section 10 - Energy 57 Chapter IV - Area of freedom, security and justice 57 Section 1 - General provisions 57 Section 2 - Policies on border checks, asylum and immigration 58 Section 3 - Judicial cooperation in civil matters 59 Section 4 - Judicial cooperation in criminal matters 60 Section 5 - Police cooperation 61 Chapter V - Areas where the union may take coordinating, complementary or supporting action 61 Section 1 - Public health 61 Section 2 - Industry 62 Section 3 - Culture 63 Section 4 - Education, vocational training, youth and sport 63 Section 5 - Civil protection 64 Section 6 - Administrative cooperation 64 TITLE IV - ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES 64 TITLE V - THE UNION'S EXTERNAL ACTION 65 Chapter I - Provisions having general application 65 Chapter II - Common foreign and security policy 66 Section 1 - The common security and defence policy 68 Section 2 - Financial provisions 70 Chapter III - Common commercial policy 70 Chapter IV - Cooperation with third countries and humanitarian aid 71 Section 1 - Development cooperation 71 Section 2 - Economic, financial and technical cooperation with third countries 71 Section 3 - Humanitarian aid 72 Chapter V - Restrictive measures 72 Chapter VI - International agreements 72 Chapter VII - The Union's relations with international organisations and third countries and Union delegations 74 Chapter VIII - Implementation of the solidarity clause 74 TITLE VI - THE FUNCTIONING OF THE UNION 74 Chapter I - Provisions governing the institutions 74 Section 1 - The Institutions 74 Subsection 1 - The European Parliament 74 Subsection 2 - The European Council 76 Subsection 3 - The Council of Ministers 76 Subsection 4 - The Commission 76 Subsection 5 - The Court of Justice 77 Subsection 6 - The Court of Auditors 81 Section 2 - The Union's advisory bodies 82 Subsection 1 - The Committee of the Regions 82 Subsection 2 - The Economic and Social Committee 83 Section 3 - The European Investment Bank 83 Section 4 - Provisions common to Union institutions, bodies and agencies 84 Chapter II - Financial provisions 85 Section 1 - The multiannual financial framework 85 Section 2 - The Union's annual budget 86 Section 3 - Implementation of the budget and discharge 87 Section 4 - Common provisions 87 Section 5 - Combating fraud 88 Chapter III - Enhanced cooperation 88 TITLE VII - COMMON PROVISIONS 90 PART IV: GENERAL AND FINAL PROVISIONS 91 PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION 94 PROTOCOL ON THE APPLICATION OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY 95 PROTOCOL ON THE REPRESENTATION OF CITIZENS IN THE EUROPEAN PARLIAMENT AND THE WEIGHTING OF VOTES IN THE EUROPEAN COUNCIL AND THE COUNCIL OF MINISTERS 96 PROTOCOL ON THE EURO GROUP 97 PROTOCOL AMENDING THE EURATOM TREATY 98 DECLARATION ATTACHED TO THE PROTOCOL ON THE REPRESENTATION OF CITIZENS IN THE EUROPEAN PARLIAMENT AND THE WEIGHTING OF VOTES IN THE EUROPEAN COUNCIL AND THE COUNCIL OF MINISTERS 99 DECLARATION ON THE CREATION OF A EUROPEAN EXTERNAL ACTION SERVICE 99 DECLARATION IN THE FINAL ACT OF SIGNATURE OF THE TREATY ESTABLISHING THE CONSTITUTION 99 List of members of the European Convention 100 <TI> <HT TYPE="BOLD">PREFACE</HT> </TI> <STI> <HT TYPE="BOLD">to Parts I and II of the draft Treaty establishing a Constitution for Europe submitted to the European Council meeting in Thessaloniki on 20 June 2003.</HT> </STI>

Noting that the European Union was coming to a turning point in its existence, the European Council which met in Laeken, Belgium, on 14 and 15 December 2001 convened the European Convention on the Future of Europe.

The Convention was asked to draw up proposals on three subjects: how to bring citizens closer to the European design and European Institutions; how to organise politics and the European political area in an enlarged Union; and how to develop the Union into a stabilising factor and a model in the new world order.

The Convention has identified responses to the questions put in the Laeken declaration:

it proposes a better division of Union and Member State competences;

it recommends a merger of the Treaties and the attribution of legal personality to the Union;

it establishes a simplification of the Union's instruments of action;

it proposes measures to increase the democracy, transparency and efficiency of the European Union, by developing the contribution of national Parliaments to the legitimacy of the European design, by simplifying the decision-making processes, and by making the functioning of the European Institutions more transparent and comprehensible;

it establishes the necessary measures to improve the structure and enhance the role of each of the Union's three institutions, taking account, in particular, of the consequences of enlargement.

The Laeken declaration also asked whether the simplification and reorganisation of the Treaties should not pave the way for the adoption of a constitutional text. The Convention's proceedings ultimately led to the drawing up of a draft Treaty establishing a Constitution for Europe, which achieved a broad consensus at the plenary session on 13 June 2003.

That is the text which it is our privilege to present today, 20 June 2003, to the European Council meeting in Thessaloniki, on behalf of the European Convention, in the hope that it will constitute the foundation of a future Treaty establishing the European Constitution.

Valéry Giscard d'Estaing

Président de la Convention

Giuliano Amato

Vice-Président

Jean-Luc Dehaene

Vice-Président