talkeuro.com : European Constitution (UK)

Article I-1 - Establishment of the Union

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1. Reflecting the will of the citizens and States of Europe to build a common future, this
Constitution establishes the European Union, on which the Member States confer competences to
attain objectives they have in common. The Union shall coordinate the policies by which the
Member States aim to achieve these objectives, and shall exercise on a Community basis the
competences they confer on it.
2. The Union shall be open to all European States which respect its values and are committed to
promoting them together.

Article I-2 - The Union's values

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The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the
rule of law and respect for human rights, including the rights of persons belonging to minorities.
These values are common to the Member States in a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between women and men prevail.

Article I-3 - The Union's objectives

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1. The Union's aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal
frontiers, and an internal market where competition is free and undistorted.
3. The Union shall work for the sustainable development of Europe based on balanced economic
growth and 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. It shall promote scientific and technological advance.
It shall combat social exclusion and discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and protection of the rights of the
child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.

It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage
is safeguarded and enhanced.
4. In its relations with the wider world, the Union shall uphold and promote its values and
interests. It shall contribute to peace, security, the sustainable development of the Earth, solidarity
and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of
human rights, in particular the rights of the child, as well as to the strict observance and the
development of international law, including respect for the principles of the United Nations Charter.
5. The Union shall pursue its objectives by appropriate means commensurate with the competences
which are conferred upon it in the Constitution.

Article I-4 - Fundamental freedoms and non-discrimination

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1. The free movement of persons, services, goods and capital, and freedom of establishment shall
be guaranteed within and by the Union, in accordance with the Constitution.
2. Within the scope of the Constitution, and without prejudice to any of its specific provisions, any
discrimination on grounds of nationality shall be prohibited.

Article I-5 - Relations between the Union and the Member States

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1. The union shall respect the equality of Member States before the constitution as well as their
national identities, inherent in their fundamental structures, political and constitutional, inclusive of
regional and local self-government. it shall respect their essential State functions, including ensuring
the territorial integrity of the State, maintaining law and order and safeguarding national security.
2. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full
mutual respect, assist each other in carrying out tasks which flow from the Constitution.
The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of
the obligations arising out of the Constitution or resulting from the acts of the institutions of the
Union.
The 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.

Article I-6 - Union law

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

Article I-7 - Legal personality

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The Union shall have legal personality.

Article I-8 - The symbols of the Union

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The flag of the Union shall be a circle of twelve golden stars on a blue background.
The anthem of the Union shall be based on the `Ode to Joy' from the Ninth Symphony by Ludwig van
Beethoven.
The motto of the Union shall be: `United in diversity'.
The currency of the Union shall be the euro.
Europe day shall be celebrated on 9 May throughout the Union.

Article I-9 - Fundamental rights

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1. The Union shall recognise the rights, freedoms and principles set out in the Charter of
Fundamental Rights which constitutes Part II.
2. The Union shall accede to the European Convention for the Protection of Human Rights and
Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the
Constitution.
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.

Article I-10 - Citizenship of the Union

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1. Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall
be additional to national citizenship and shall not replace it.

2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the
Constitution. They shall have:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and to stand as candidates 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;
(c) the right to enjoy, in the territory of a third country in which the Member State of which they are
nationals 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;
(d) the right to petition the European Parliament, to apply to the European Ombudsman, and to
address the institutions and advisory bodies of the Union in any of the Constitution's languages
and to obtain a reply in the same language.
These rights shall be exercised in accordance with the conditions and limits defined by the
Constitution and by the measures adopted thereunder.

Article I-11 - Fundamental principles

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1. The limits of Union competences are governed by the principle of conferral. The use of Union
competences is governed by the principles of subsidiarity and proportionality.
2. Under the principle of conferral, the Union shall act within the limits of the competences
conferred upon it by the Member States in the Constitution to attain the objectives set out in the
Constitution. Competences not conferred upon the Union in the Constitution remain with the
Member States.
3. Under 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 proposed action cannot be sufficiently
achieved by the Member States, either at central level or at regional and local level, but can rather, by
reason of the scale or effects of the proposed action, be better achieved at Union level.
The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on
the application of the principles of subsidiarity and proportionality. National Parliaments shall ensure
compliance with that principle in accordance with the procedure set out in that Protocol.
4. Under the principle of proportionality, the content and form of Union action shall not exceed
what is necessary to achieve the objectives of the Constitution.

The institutions of the Union shall apply the principle of proportionality as laid down in the Protocol
on the application of the principles of subsidiarity and proportionality.

Article I-12 - Categories of competence

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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 or for the implementation of Union acts.
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 may legislate and adopt legally binding acts in that
area. The Member States shall exercise their competence to the extent that the Union has not
exercised, or has decided to cease exercising, its competence.
3. The Member States shall coordinate their economic and employment policies within
arrangements as determined by Part III, which the Union shall have competence to provide.
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.
5. In certain areas and under the conditions laid down in the Constitution, the Union shall have
competence to carry out actions to support, coordinate or supplement the actions of the
Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions in Part III relating to these
areas shall not entail harmonisation of Member States' laws or regulations.
6. The scope of and arrangements for exercising the Union's competences shall be determined by
the provisions relating to each area in Part III.

Article I-13 - Areas of exclusive competence

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1. The Union shall have exclusive competence in the following areas:
(a) customs union;
(b) the establishing of the competition rules necessary for the functioning of the internal market;
(c) monetary policy for the Member States whose currency is the euro;
(d) the conservation of marine biological resources under the common fisheries policy;

(e) common commercial policy.
2. The Union shall also have exclusive competence for the conclusion of an international
agreement when its conclusion is provided for in a legislative act of the Union or is necessary to
enable the Union to exercise its internal competence, or insofar as its conclusion may affect common
rules or alter their scope.

Article I-14 - Areas of shared competence

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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 I-13 and I-17.
2. Shared competence between the Union and the Member States applies in the following principal
areas:
(a) internal market;
(b) social policy, for the aspects defined in Part III;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine biological resources;
(e) environment;
(f) consumer protection;
(g) transport;
(h) trans-European networks;
(i) energy;
(j) area of freedom, security and justice;
(k) common safety concerns in public health matters, for the aspects defined in Part III.
3. In the areas of research, technological development and space, the Union shall have competence
to carry out activities, in particular to define and implement programmes; however, the exercise of
that competence shall not result in Member States being prevented from exercising theirs.
4. In the areas of development cooperation and humanitarian aid, the Union shall have competence
to carry out activities and conduct a common policy; however, the exercise of that competence shall
not result in Member States being prevented from exercising theirs.

Article I-15 - The coordination of economic and employment policies

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1. The Member States shall coordinate their economic policies within the Union. To this end, the
Council of Ministers shall adopt measures, in particular broad guidelines for these policies.
Specific provisions shall apply to those Member States whose currency is the euro.
2. The Union shall take measures to ensure coordination of the employment policies of the
Member States, in particular by defining guidelines for these policies.
3. The Union may take initiatives to ensure coordination of Member States' social policies.