{"id":8451,"date":"2019-10-18T05:23:52","date_gmt":"2019-10-18T05:23:52","guid":{"rendered":"https:\/\/laweuro.com\/?p=8451"},"modified":"2019-10-18T18:36:05","modified_gmt":"2019-10-18T18:36:05","slug":"part-one-principles-consolidated-version-of-the-treaty-on-the-functioning-of-the-european-union","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=8451","title":{"rendered":"PART ONE PRINCIPLES &#8211; Consolidated version of the Treaty on the Functioning of the European Union"},"content":{"rendered":"<p>Consolidated version of the Treaty on the Functioning of the European Union<\/p>\n<p><a href=\"https:\/\/laweuro.com\/?p=8449\">Download or open the entire text of the document<\/a><\/p>\n<p style=\"text-align: center;\">PART ONE<\/p>\n<p style=\"text-align: center;\">PRINCIPLES<\/p>\n<p style=\"text-align: center;\">Article 1<\/p>\n<p>1.\u00a0\u00a0This Treaty organises the functioning of the Union and determines the areas of, delimitation of, and arrangements for exercising its competences.<\/p>\n<p>2.\u00a0\u00a0This Treaty and the Treaty on European Union constitute the Treaties on which the Union is founded. These two Treaties, which have the same legal value, shall be referred to as \u2018the Treaties\u2019.<\/p>\n<p style=\"text-align: center;\">TITLE I<\/p>\n<p style=\"text-align: center;\">CATEGORIES AND AREAS OF UNION COMPETENCE<\/p>\n<p style=\"text-align: center;\">Article 2<\/p>\n<p>1.\u00a0\u00a0When the Treaties confer 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.<\/p>\n<p>2.\u00a0\u00a0When the Treaties confer 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 its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence.<\/p>\n<p>3.\u00a0\u00a0The Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide.<\/p>\n<p>4.\u00a0\u00a0The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.<\/p>\n<p>5.\u00a0\u00a0In certain areas and under the conditions laid down in the Treaties, 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.<\/p>\n<p>Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States&#8217; laws or regulations.<\/p>\n<p>6.\u00a0\u00a0The scope of and arrangements for exercising the Union&#8217;s competences shall be determined by the provisions of the Treaties relating to each area.<\/p>\n<p style=\"text-align: center;\">Article 3<\/p>\n<p>1.\u00a0\u00a0The Union shall have exclusive competence in the following areas:<\/p>\n<p>(a)\u00a0customs union;<br \/>\n(b)\u00a0the establishing of the competition rules necessary for the functioning of the internal market;<br \/>\n(c)\u00a0monetary policy for the Member States whose currency is the euro;<br \/>\n(d)\u00a0the conservation of marine biological resources under the common fisheries policy;<br \/>\n(e)\u00a0common commercial policy.<\/p>\n<p>2.\u00a0\u00a0The 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 in so far as its conclusion may affect common rules or alter their scope.<\/p>\n<p style=\"text-align: center;\">Article 4<\/p>\n<p>1.\u00a0\u00a0The Union shall share competence with the Member States where the Treaties confer on it a competence which does not relate to the areas referred to in Articles 3 and 6.<\/p>\n<p>2.\u00a0\u00a0Shared competence between the Union and the Member States applies in the following principal areas:<\/p>\n<p>(a)\u00a0internal market;<br \/>\n(b)\u00a0social policy, for the aspects defined in this Treaty;<br \/>\n(c)\u00a0economic, social and territorial cohesion;<br \/>\n(d)\u00a0agriculture and fisheries, excluding the conservation of marine biological resources;<br \/>\n(e)\u00a0environment;<br \/>\n(f)\u00a0consumer protection;<br \/>\n(g)\u00a0transport;<br \/>\n(h)\u00a0trans-European networks;<br \/>\n(i)\u00a0energy;<br \/>\n(j)\u00a0area of freedom, security and justice;<br \/>\n(k)\u00a0common safety concerns in public health matters, for the aspects defined in this Treaty.<\/p>\n<p>3.\u00a0\u00a0In 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.<\/p>\n<p>4.\u00a0\u00a0In 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.<\/p>\n<p style=\"text-align: center;\">Article 5<\/p>\n<p>1.\u00a0\u00a0The Member States shall coordinate their economic policies within the Union. To this end, the Council shall adopt measures, in particular broad guidelines for these policies.<\/p>\n<p>Specific provisions shall apply to those Member States whose currency is the euro.<\/p>\n<p>2.\u00a0\u00a0The Union shall take measures to ensure coordination of the employment policies of the Member States, in particular by defining guidelines for these policies.<\/p>\n<p>3.\u00a0\u00a0The Union may take initiatives to ensure coordination of Member States&#8217; social policies.<\/p>\n<p style=\"text-align: center;\">Article 6<\/p>\n<p>The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:<\/p>\n<p>(a)\u00a0protection and improvement of human health;<br \/>\n(b)\u00a0industry;<br \/>\n(c)\u00a0culture;<br \/>\n(d)\u00a0tourism;<br \/>\n(e)\u00a0education, vocational training, youth and sport;<br \/>\n(f)\u00a0civil protection;<br \/>\n(g)\u00a0administrative cooperation.<\/p>\n<p style=\"text-align: center;\">TITLE II<\/p>\n<p style=\"text-align: center;\">PROVISIONS HAVING GENERAL APPLICATION<\/p>\n<p style=\"text-align: center;\">Article 7<\/p>\n<p>The Union shall ensure consistency between its policies and activities, taking all of its objectives into account and in accordance with the principle of conferral of powers.<\/p>\n<p style=\"text-align: center;\">Article 8<\/p>\n<p style=\"text-align: center;\">(ex Article 3(2) TEC)\u00a0( 2 )<\/p>\n<p>In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.<\/p>\n<p style=\"text-align: center;\">Article 9<\/p>\n<p>In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.<\/p>\n<p style=\"text-align: center;\">Article 10<\/p>\n<p>In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.<\/p>\n<p style=\"text-align: center;\">Article 11<\/p>\n<p style=\"text-align: center;\">(ex Article 6 TEC)<\/p>\n<p>Environmental protection requirements must be integrated into the definition and implementation of the Union&#8217;s policies and activities, in particular with a view to promoting sustainable development.<\/p>\n<p style=\"text-align: center;\">Article 12<\/p>\n<p style=\"text-align: center;\">(ex Article 153(2) TEC)<\/p>\n<p>Consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities.<\/p>\n<p style=\"text-align: center;\">Article 13<\/p>\n<p>In formulating and implementing the Union&#8217;s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.<\/p>\n<p style=\"text-align: center;\">Article 14<\/p>\n<p style=\"text-align: center;\">(ex Article 16 TEC)<\/p>\n<p>Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union 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 Treaties, shall take care that such services operate on the basis of principles and conditions, particularly economic and financial conditions, which enable them to fulfil their missions. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish these principles and set these conditions without prejudice to the competence of Member States, in compliance with the Treaties, to provide, to commission and to fund such services.<\/p>\n<p style=\"text-align: center;\">Article 15<\/p>\n<p style=\"text-align: center;\">(ex Article 255 TEC)<\/p>\n<p>1.\u00a0\u00a0In order to promote good governance and ensure the participation of civil society, the Union&#8217;s institutions, bodies, offices and agencies shall conduct their work as openly as possible.<\/p>\n<p>2.\u00a0\u00a0The European Parliament shall meet in public, as shall the Council when considering and voting on a draft legislative act.<\/p>\n<p>3.\u00a0\u00a0Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union&#8217;s institutions, bodies, offices and agencies, whatever their medium, subject to the principles and the conditions to be defined in accordance with this paragraph.<\/p>\n<p>General principles and limits on grounds of public or private interest governing this right of access to documents shall be determined by the European Parliament and the Council, by means of regulations, acting in accordance with the ordinary legislative procedure.<\/p>\n<p>Each institution, body, office or agency shall ensure that its proceedings are transparent and shall elaborate in its own Rules of Procedure specific provisions regarding access to its documents, in accordance with the regulations referred to in the second subparagraph.<\/p>\n<p>The Court of Justice of the European Union, the European Central Bank and the European Investment Bank shall be subject to this paragraph only when exercising their administrative tasks.<\/p>\n<p>The European Parliament and the Council shall ensure publication of the documents relating to the legislative procedures under the terms laid down by the regulations referred to in the second subparagraph.<\/p>\n<p style=\"text-align: center;\">Article 16<\/p>\n<p style=\"text-align: center;\">(ex Article 286 TEC)<\/p>\n<p>1.\u00a0\u00a0Everyone has the right to the protection of personal data concerning them.<\/p>\n<p>2.\u00a0\u00a0The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, 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.<\/p>\n<p>The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.<\/p>\n<p style=\"text-align: center;\">Article 17<\/p>\n<p>1.\u00a0\u00a0The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.<\/p>\n<p>2.\u00a0\u00a0The Union equally respects the status under national law of philosophical and non-confessional organisations.<\/p>\n<p>3.\u00a0\u00a0Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.<\/p>\n<p><a href=\"https:\/\/laweuro.com\/?p=8449\">Download or open the entire text of the document<\/a><\/p>\n<div class=\"social-share-buttons\"><a href=\"https:\/\/www.facebook.com\/sharer\/sharer.php?u=https:\/\/laweuro.com\/?p=8451\" target=\"_blank\" rel=\"noopener\">Facebook<\/a><a href=\"https:\/\/twitter.com\/intent\/tweet?url=https:\/\/laweuro.com\/?p=8451&text=PART+ONE+PRINCIPLES+%E2%80%93+Consolidated+version+of+the+Treaty+on+the+Functioning+of+the+European+Union\" target=\"_blank\" rel=\"noopener\">Twitter<\/a><a href=\"https:\/\/www.linkedin.com\/shareArticle?url=https:\/\/laweuro.com\/?p=8451&title=PART+ONE+PRINCIPLES+%E2%80%93+Consolidated+version+of+the+Treaty+on+the+Functioning+of+the+European+Union\" target=\"_blank\" rel=\"noopener\">LinkedIn<\/a><a href=\"https:\/\/pinterest.com\/pin\/create\/button\/?url=https:\/\/laweuro.com\/?p=8451&description=PART+ONE+PRINCIPLES+%E2%80%93+Consolidated+version+of+the+Treaty+on+the+Functioning+of+the+European+Union\" target=\"_blank\" rel=\"noopener\">Pinterest<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>Consolidated version of the Treaty on the Functioning of the European Union Download or open the entire text of the document PART ONE PRINCIPLES Article 1 1.\u00a0\u00a0This Treaty organises the functioning of the Union and determines the areas of, delimitation&hellip;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/laweuro.com\/?p=8451\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[],"class_list":["post-8451","post","type-post","status-publish","format-standard","hentry","category-eu-legislation-and-uk-law"],"_links":{"self":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/8451","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8451"}],"version-history":[{"count":3,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/8451\/revisions"}],"predecessor-version":[{"id":8527,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/8451\/revisions\/8527"}],"wp:attachment":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8451"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8451"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8451"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}