The Proposed Constitution for Europe

Part II | Contents | Part III, Title III, Chapter I

TITLE I: CLAUSES OF GENERAL APPLICATION

Article III-1

The Union shall ensure consistency between the different policies and activities referred to in this Part, taking all of the Union's objectives into account and in accordance with the principle of conferring of powers.

Article III-2

In all the activities referred to in this Part, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.

Article III-3

In defining and implementing the policies and activities referred to in this Part, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Article III-4

Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities referred to in this Part, in particular with a view to promoting sustainable development.

Article III-5

Consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities.

Article III-6

Without prejudice to Articles III-55, III-56 and III-136, and given the place occupied by services of general economic interest as services to which all in the Union attribute value as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective powers and within the scope of application of the Constitution, shall take care that such services operate on the basis of principles and conditions, in particular economic and financial, which enable them to fulfil their missions. European laws shall define these principles and conditions.

TITLE II: NON-DISCRIMINATION AND CITIZENSHIP

Article III-7

European laws or framework laws may lay down rules to prohibit discrimination on grounds of nationality as referred to in Article I-4.

Article III-8

  1. Without prejudice to the other provisions of the Constitution and within the limits of the powers conferred by it upon the Union, a European law or framework law of the Council of Ministers may establish the measures needed to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Council of Ministers shall act unanimously after obtaining the consent of the European Parliament.

  2. European laws or framework laws may establish basic principles for Union incentive measures and define such incentive measures, to support action taken by Member States, excluding any harmonisation of their laws and regulations.

Article III-9

  1. If action by the Union should prove necessary to facilitate the exercise of the right, referred to in Article I-8, of every Union citizen to move and reside freely and the Constitution has not provided the necessary powers, European laws or framework laws may establish measures for that purpose.

  2. For the same purpose and unless the Constitution has provided for powers of action in this area, measures concerning passports, identity cards, residence permits or any other such document and measures concerning social security or social protection may be laid down by a European law or framework law of the Council of Ministers. The Council of Ministers shall act unanimously after consulting the European Parliament.

Article III-10

A European law or framework law of the Council of Ministers shall determine the detailed arrangements for exercising the right, referred to in Article I-8, for every Union citizen to vote and to stand as a candidate in municipal elections and elections to the European Parliament in their Member State of residence without being a national of that State. The Council of Ministers shall act unanimously after consulting the European Parliament. These arrangements may provide for derogations where warranted by problems specific to a Member State.

The right to vote and to stand as a candidate in elections to the European Parliament shall be exercised without prejudice to Article III-232(2) and the measures adopted for its implementation.

Article III-11

Member States shall adopt the necessary provisions to secure diplomatic and consular protection of citizens of the Union in third countries, as referred to in Article I-8.

A European law of the Council of Ministers may establish the measures necessary to facilitate such protection. The Council of Ministers shall act after consulting the European Parliament.

Article III-12

The languages in which every citizen of the Union has the right to address the institutions or advisory bodies under Article I-8, and to have an answer, are those listed in Article IV. The institutions and advisory bodies referred to in this Article are those listed in Articles I-18(2), I-30 and I-31 and also the European Ombudsman.

Article III-13

The Commission shall report to the European Parliament, to the Council of Ministers and to the Economic and Social Committee every three years on the application of the provisions of Article I-8 and of this Title. This report shall take account of the development of the Union.

On this basis, and without prejudice to the other provisions of the Constitution, a European law or framework law of the Council of Ministers may add to the rights laid down in Article I-8. The Council of Ministers shall act unanimously after obtaining the consent of the European Parliament. The law or framework law concerned shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

Part II | Contents | Part III, Title III, Chapter I

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