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2.9 Structure of the Constitutional Treaty
There were 4 parts to the Constitution, 36 Protocols & 50 Declarations.
Part I: The Constitution (9 titles)
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Title
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Articles
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Key Articles
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I
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Definition & objectives of the Union
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I-1 to I-8
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3: Union's objectives: including "The Union shall work for the sustainable development of Europe based on balanced growth & price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment".
6: Primacy of Union law.
7: Legal personality of EU.
8: Symbols of the Union. (Specifies the flag, the anthem, the motto ("Unity in diversity"), the currency (the €) and "Europe day" (9 May).)
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II
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Fundamental rights & citizenship of the Union
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I-9 to I-10
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III
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Union competences
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I-11 to I-18
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12-14: Categories of competences, including exclusive & shared competences. (The term "shared" is misleading because member states can only exercise their competence where the Union has decided not to.)
15: Coordination of economic & employment policies. This is irrespective of euro membership.
18: Flexibility clause. (Under certain circumstances, the Union can go ahead with policies "to attain one of the objectives set by the Constitution" even if the Constitution has not provided the necessary powers.)
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IV
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Union's Institutions & bodies
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I-19 to I-32
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22: The European Council President (new).
25: Qualified majority in the Council.
The "double majority" will apply to Council decisions, which will be defined as at least 55% of members of the Council representing member states comprising at least 65% of the EU population.
26: Commission. (Confirms the role of the appointed Commission as the executive arm of the EU single European State.)
27: President of the Commission. (To be elected by the European Parliament.)
28: Union Minister for Foreign Affairs (new).
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V
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Exercise of union competence
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I-33 to I-44
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33: The legal acts of the Union. (The EU can create laws where it has competence that can apply directly to member states, without requiring legislation in national parliaments.)
40: On the CFSP: the ending of the 2nd pillar. (The Union's competence...shall cover all areas of foreign policy...and security...which might lead to a common defence.)
41: Concerning CSDP, to be an integral part of CFSP.
42: On the area of "freedom, security & justice: the ending of the 3rd pillar.
43: Solidarity clause.
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VI
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Democratic life of the Union
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I-45 to I-52
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46: Principle of representative democracy. "Citizens are directly represented at the Union level in the EP. Member states are represented in the European Council and in the Council of Ministers by their governments."
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VII
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Union's finances
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I-53 to I-56
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VIII
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Union & its neighbours
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I-57
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IX
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Union membership
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I-58 to I-60
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60: Voluntary withdrawal. ("Exit clause", Any member can withdraw, but the process of withdrawal is expected to take 2 years.).
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Part II: The Charter of Fundamental Rights of the Union (7 titles, as agreed at Nice)
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Title
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Articles
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Key Articles with special relevance to business
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I
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Dignity
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II-61to II-66
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II
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Freedoms
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II-66 to II-79
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III
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Equality
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II-80 to II-86
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83: Equality between women and men
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IV
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Solidarity
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II-87 to II-98
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87: Workers' right to information and consultation within the undertaking.
88: Right of collective bargaining (including the right to take collective action to defend their interests, including strike action).
90: Protection in the event of unjustified dismissal.
91: Fair and just working conditions (covering health and safety, restrictions on hours worked etc).
92: Prohibition of child labour and protection of young people at work.
93: Family and professional life (including maternity and paternity employment rights).
94: Social security and social assistance.
95: Health care.
96: Access to services of general economic interest.
97: Environmental protection.
98: Consumer protection.
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V
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Citizen's rights
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II-99 to II-106
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VI
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Justice
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II-107 to II-110
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VII
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The general provisions governing the interpretation and application of the Charter
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II-111 to II-114
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Part III: Policies & Functioning of the Union (7 titles)
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Title
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Articles
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Key Articles
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I
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General application
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III-115 to III-122
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II
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Non-discrimination and citizenship
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III-123 to III-129
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III
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Internal market
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III-130 to III-285
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254: Space policy.
255: Energy policy.
266: Common policy on asylum.
267: Common immigration policy.
269-270: Judicial cooperation in civil & criminal matters.
274: European Public Prosecutor's Office.
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IV
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Association of the overseas countries and territories
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III-286 to III-291
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V
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The Union's external action
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III-292 to III-329
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312: CSDP, permanent structured operation
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VI
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The functioning of the Union
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III-330 to III-423
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422: Enhanced cooperation ("passerelle") clause. (Enables the Union to replace unanimity requirements by QMV.)
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VII
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Common provisions
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III-424 to III-436
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Part IV: General and final provisions
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Title
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Articles
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Key articles
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Na
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IV-437 to IV-448
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437: Repeal of earlier Treaties.
444: General "Passerelle" clause.
447: Ratification. "If, 2 years after the signature of the treaty amending the Treaty establishing the Constitution, four fifths of the member states have ratified it and one or more member states have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council".
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Protocols: the first 2
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Protocol
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Key implications
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1 Protocol on National Parliaments
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Has the intention of involving national parliaments in the legislative procedure.
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2 Protocol on the application of the principles of subsidiarity & proportionality
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Article 5: effectively makes the "enhanced role for national parliaments" a meaningless concession.
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Main source: British Management Data Foundation (BMDF), The European Constitution in Perspective: Analysis and Review of "The Treaty Establishing A Constitution for Europe", including the complete text of the Treaty with all Protocols and Declarations as signed in Rome on 29 October 2004, BDMF, December 2004.
RL, February 2007
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