The Proposed Constitution for Europe

Part III, Title III, Chapter IV | Contents | Part III, Title IV

TITLE III: INTERNAL POLICIES AND ACTION

Chapter V: Areas where the Union may take coordinating, complementary or supporting action

Section 1: Public Health

Article III-179

  1. A high level of human health protection shall be ensured in the definition and implementation of all the Union's policies and activities.

    Action by the Union, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education.

    The Union shall complement the Member States' action in reducing drugs related health damage, including information and prevention.

  2. The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action.

    Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

  3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health.

  4. European laws or framework laws shall contribute to the achievement of the objectives referred to in this Article by establishing the following measures in order to meet common safety concerns:

    1. measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
    2. measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;

    European laws or framework laws shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.

  5. European laws or framework laws may also establish incentive measures designed to protect and improve human health and to combat the major cross-border health scourges, excluding any harmonisation of the laws and regulations of the Member States. It shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.

  6. For the purposes set out in this Article, the Council of Ministers, on a proposal from the Commission, may also adopt recommendations.

  7. Union action in the field of public health shall fully respect the responsibilities of the Member States for the organisation and delivery of health services and medical care. In particular, measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.

Section 2: Industry

Article III-180

  1. The Union and the Member States shall ensure that the conditions necessary for the competitiveness of the Union's industry exist.

    For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at:

    1. speeding up the adjustment of industry to structural changes;
    2. encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly small and medium sized undertakings;
    3. encouraging an environment favourable to cooperation between undertakings;
    4. fostering better exploitation of the industrial potential of policies of innovation, research and technological development.
  2. The Member States shall consult each other in liaison with the Commission and, where necessary, shall coordinate their action. The Commission may take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

  3. The Union shall contribute to the achievement of the objectives set out in paragraph 1 through the policies and activities it pursues under other provisions of the Constitution. European laws or framework laws may establish specific measures in support of action taken in the Member States to achieve the objectives set out in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Economic and Social Committee.

    This Section shall not provide a basis for the introduction by the Union of any measure which could lead to distortion of competition or contains tax provisions or provisions relating to the rights and interests of employed persons.

Section 3: Culture

Article III-181

  1. The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

  2. Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and complementing their action in the following areas:

    1. improvement of the knowledge and dissemination of the culture and history of the European peoples;
    2. conservation and safeguarding of cultural heritage of European significance;
    3. non commercial cultural exchanges;
    4. artistic and literary creation, including in the audiovisual sector.
  3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, in particular the Council of Europe.

  4. The Union shall take cultural aspects into account in its action under other provisions of the Constitution, in particular in order to respect and to promote the diversity of its cultures.

  5. In order to contribute to the achievement of the objectives referred to in this Article:

    1. European laws or framework laws shall establish incentive actions, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions;
    2. the Council of Ministers, on a proposal from the Commission, shall adopt recommendations.

Section 4: Education, vocational training, youth and sport

Article III-182

  1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and complementing their action. It shall fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.

    The Union shall contribute to the promotion of European sporting issues, given the social and educational function of sport.

  2. Union action shall be aimed at:

    a) developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States;

    b) encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study;

    c) promoting cooperation between educational establishments;

    d) developing exchanges of information and experience on issues common to the education systems of the Member States;

    e) encouraging the development of youth exchanges and of exchanges of socio educational instructors and encouraging the participation of young people in democratic life in Europe.

    f) encouraging the development of distance education;

    g) developing the European dimension in sport, by promoting fairness in competitions and cooperation between sporting bodies and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen.

  3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education, in particular the Council of Europe.

  4. In order to contribute to the achievement of the objectives referred to in this Article,

    a) European laws or framework laws shall establish incentive actions, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.

    b) the Council of Ministers, on a proposal from the Commission, shall adopt recommendations.

Article III-183

  1. The Union shall implement a vocational training policy which shall support and complement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.

  2. Union action shall aim to:

    a) facilitate adaptation to industrial change, in particular through vocational training and retraining;

    b) improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market;

    c) facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people;

    d) stimulate cooperation on training between educational or training establishments and firms;

    e) develop exchanges of information and experience on issues common to the training systems of the Member States.

  3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of vocational training.

  4. European laws or framework laws shall contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.

Section 5: Civil protection

Article III-184

  1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man made disasters within the Union.

    Union action shall aim to:

    1. support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man made disasters;
    2. promote swift, effective operational cooperation between national civil-protection services;
    3. promote consistency in international civil-protection work.
  2. The measures necessary to help achieve the objectives referred to in paragraph 1 shall be enacted in European laws or framework laws, excluding any harmonisation of the laws and regulations of the Member States.

Section 6: Administrative cooperation

Article III-185

  1. Effective national implementation of Union law by the Member States, which is essential for the proper functioning of the Union, shall be regarded as a matter of common interest.

  2. The Union may support the efforts of Member States to improve their administrative capacity to implement Union law. Such action may include facilitation of exchange of information and of civil servants as well as supporting training schemes. No Member State shall be obliged to avail itself of such support. European laws shall establish the necessary measures to this end, excluding any harmonisation of the laws and regulations of the Member States.

  3. This Article shall be without prejudice to the obligations of the Member States to implement Union law or to the prerogatives and duties of the Commission. It shall also be without prejudice to other provisions of the Constitution providing for administrative cooperation among the Member States and between them and the Union.

Part III, Title III, Chapter IV| Contents |

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