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TITLE VI THE DEMOCRATIC LIFE OF THE UNION Article I-45 The principle of democratic equality In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. Article I-46 The principle of representative democracy

  1. The functioning of the Union shall be founded on representative democracy.
  2. Citizens are directly represented at Union level in the European Parliament. Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, themselves democratically accountable either to their national Parliaments, or to their citizens.
  3. Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen.
  4. Political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union. Article I-47 The principle of participatory democracy
  5. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
  6. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.
  7. The Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 41 Treaty establishing a Constitution for Europe 41
  8. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. European laws shall determine the provisions for the procedures and conditions required for such a citizens’ initiative, including the minimum number of Member States from which such citizens must come. Article I-48 The social partners and autonomous social dialogue The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy. The Tripartite Social Summit for Growth and Employment shall contribute to social dialogue. Article I-49 The European Ombudsman A European Ombudsman elected by the European Parliament shall receive, examine and report on complaints about maladministration in the activities of the Union institutions, bodies, offices or agencies, under the conditions laid down in the Constitution. The European Ombudsman shall be completely independent in the performance of his or her duties. Article I-50 Transparency of the proceedings of Union institutions, bodies, offices and agencies
  9. In order to promote good governance and ensure the participation of civil society, the Union institutions, bodies, offices and agencies shall conduct their work as openly as possible.
  10. The European Parliament shall meet in public, as shall the Council when considering and voting on a draft legislative act.
  11. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State shall have, under the conditions laid down in Part III, a right of access to documents of the Union institutions, bodies, offices and agencies, whatever their medium. European laws shall lay down the general principles and limits which, on grounds of public or private interest, govern the right of access to such documents.
  12. Each institution, body, office or agency shall determine in its own rules of procedure specific provisions regarding access to its documents, in accordance with the European laws referred to in paragraph 3.954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 42 42 Part I Article I-51 Protection of personal data

Everyone has the right to the protection of personal data concerning him or her. 2. European laws or framework laws shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities. Article I-52 Status of churches and non-confessional organisations

  1. The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.
  2. The Union equally respects the status under national law of philosophical and non-confessional organisations.
  3. Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations. TITLE VII THE UNION’S FINANCES Article I-53 Budgetary and financial principles
  4. All items of Union revenue and expenditure shall be included in estimates drawn up for each financial year and shall be shown in the Union’s budget, in accordance with Part III.

The revenue and expenditure shown in the budget shall be in balance. 3. The expenditure shown in the budget shall be authorised for the annual budgetary period in accordance with the European law referred to in Article 3-412. 4. The implementation of expenditure shown in the budget shall require the prior adoption of a legally binding Union act providing a legal basis for its action and for the implementation of the corresponding expenditure in accordance with the European law referred to in Article 3-412, except in cases for which that law provides. 5. With a view to maintaining budgetary discipline, the Union shall not adopt any act which is likely to have appreciable implications for the budget without providing an assurance that the expenditure arising from such an act is capable of being financed within the limit of the Union’s own954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 43 Treaty establishing a Constitution for Europe 43 resources and in compliance with the multiannual financial framework referred to in Article I-55. 6. The budget shall be implemented in accordance with the principle of sound financial management. Member States shall cooperate with the Union to ensure that the appropriations entered in the budget are used in accordance with this principle. 7. The Union and the Member States, in accordance with Article 3-415, shall counter fraud and any other illegal activities affecting the financial interests of the Union. Article I-54 The Union’s own resources

  1. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
  2. Without prejudice to other revenue, the Union’s budget shall be financed wholly from its own resources.
  3. A European law of the Council shall lay down the provisions relating to the system of own resources of the Union. In this context it may establish new categories of own resources or abolish an existing category. The Council shall act unanimously after consulting the European Parliament. That law shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.
  4. A European law of the Council shall lay down implementing measures of the Union’s own resources system insofar as this is provided for in the European law adopted on the basis of paragraph 3. The Council shall act after obtaining the consent of the European Parliament. Article I-55 The multiannual financial framework
  5. The multiannual financial framework shall ensure that Union expenditure develops in an orderly manner and within the limits of its own resources. It shall determine the amounts of the annual ceilings of appropriations for commitments by category of expenditure in accordance with Article 3-
  6. A European law of the Council shall lay down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

The annual budget of the Union shall comply with the multiannual financial framework. 4. The European Council may, unanimously, adopt a European decision authorising the Council to act by a qualified majority when adopting the European law of the Council referred to in paragraph 2.954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 44 44 Part I Article I-56 The Union’s budget A European law shall establish the Union’s annual budget in accordance with Article 3-404. TITLE VIII THE UNION AND ITS NEIGHBOURS Article I-57 The Union and its neighbours

  1. The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.
  2. For the purposes of paragraph 1, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation. TITLE IX UNION MEMBERSHIP Article I-58 Conditions of eligibility and procedure for accession to the Union
  3. The Union shall be open to all European States which respect the values referred to in Article I-2, and are committed to promoting them together.
  4. Any European State which wishes to become a member of the Union shall address its application to the Council. The European Parliament and national Parliaments shall be notified of this application. The Council shall act unanimously after consulting the Commission and after obtaining the consent of the European Parliament, which shall act by a majority of its component members. The conditions and arrangements for admission shall be the subject of an agreement between the Member States and the candidate State. That agreement shall be subject to ratification by each contracting State, in accordance with its respective constitutional requirements. Article I-59 Suspension of certain rights resulting from Union membership
  5. On the reasoned initiative of one third of the Member States or the reasoned initiative of the European Parliament or on a proposal from the Commission, the Council may adopt a European decision determining that there is a clear risk of a serious breach by a Member State of the values954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 45 Treaty establishing a Constitution for Europe 45 referred to in Article I-2. The Council shall act by a majority of four fifths of its members after obtaining the consent of the European Parliament. Before making such a determination, the Council shall hear the Member State in question and, acting in accordance with the same procedure, may address recommendations to that State. The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
  6. The European Council, on the initiative of one third of the Member States or on a proposal from the Commission, may adopt a European decision determining the existence of a serious and persistent breach by a Member State of the values mentioned in Article I-2, after inviting the Member State in question to submit its observations. The European Council shall act unanimously after obtaining the consent of the European Parliament.
  7. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may adopt a European decision suspending certain of the rights deriving from the application of the Constitution to the Member State in question, including the voting rights of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension for the rights and obligations of natural and legal persons. In any case, that State shall continue to be bound by its obligations under the Constitution.
  8. The Council, acting by a qualified majority, may adopt a European decision varying or revoking measures adopted under paragraph 3 in response to changes in the situation which led to their being imposed.
  9. For the purposes of this Article, the member of the European Council or of the Council representing the Member State in question shall not take part in the vote and the Member State in question shall not be counted in the calculation of the one third or four fifths of Member States referred to in paragraphs 1 and 2. Abstentions by members present in person or represented shall not prevent the adoption of European decisions referred to in paragraph 2. For the adoption of the European decisions referred to in paragraphs 3 and 4, a qualified majority shall be defined as at least 72 % of the members of the Council, representing the participating Member States, comprising at least 65 % of the population of these States. Where, following a decision to suspend voting rights adopted pursuant to paragraph 3, the Council acts by a qualified majority on the basis of a provision of the Constitution, that qualified majority shall be defined as in the second subparagraph, or, where the Council acts on a proposal from the Commission or from the Union Minister for Foreign Affairs, as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States. In the latter case, a blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
  10. For the purposes of this Article, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its component members.954393_TRAITE_EN_1_50 13-01-2005 09:14 Pagina 46 46 Part I Article I-60 Voluntary withdrawal from the Union
  11. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
  12. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 3-325(3). It shall be concluded by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
  13. The Constitution shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
  14. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in European decisions concerning it. A qualified majority shall be defined as at least 72 % of the members of the Council, representing the participating Member States, comprising at least 65 % of the population of these States.
  15. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article I-58.

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