Conference Of The Representatives Of The Governments Of The Member States Brussels, 18 June 2004 Cig 85/04 Presid 27 (Testo ufficiale della Costituzione Europea)
CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
Brussels, 18 June 2004 CIG 85/04 PRESID 27
NOTE from: Presidency
dated: 18 June 2004
to: Delegations
Subject: IGC 2003
– Meeting of Heads of State or Government, Brussels, 17/18 June 2004 At their
meeting on 18 June 2004 Heads of State or Government gave their agreement to the
texts set out in document CIG 81/04, as amended and complemented by the texts
annexed to the present document. These documents contain modifications to the
text of the Constitution as contained in document CIG 50/03 together with its
addendums and corrigendums. They constitute the outcome of the Intergovernmental
Conference.
INDEX
PART I
INSTITUTIONS………………………………………………………………………………………………..
Annex 1 The European Commission
………………………………………………………………….
Annex 2 Definition of qualified majority voting
………………………………………………….
Annex 3 Draft Decision relating to implementation of Article
I-24………………………..
Annex 4 European Parliament seats
…………………………………………………………………
PART II NON-INSTITUTIONAL
ISSUES……………………………………………………………………..
Annex 5 Provisions specific to Member States whose currency is the euro
…………..
Annex 6 Coordination of Economic
Policy……………………………………………………….
Annex 7 Declaration on the Stability and Growth Pact
……………………………………….
Annex 8 Measures relating to excessive deficits
………………………………………………..
Annex 9 Multiannual Financial
Framework………………………………………………………
Annex 10 Explanations relating to the Charter of Fundamental Rights
…………………..
Annex 11 Provisions specific to Member States whose currency is the euro
(revised Annex 22 from CIG 81/04)
…………………………………………………….
Annex 12 Eurojust (revised Annex 26 from CIG
81/04)………………………………………..
Annex 13 Enhanced Cooperation (revised Annex 55 from CIG
81/04)……………………
Annex 14 Economic, Social and Territorial Cohesion (revised Annex
from CIG 81/04)
……………………………………………………………………………….
Annex 15 Transport (revised Annex 37 from CIG
81/04)………………………………………
Annex 16 Energy (revised Annex 39 from CIG
81/04)………………………………………….
Annex 17 Authentic texts and translations (revised Annex 52 from CIG
81/04)……….
Annex 18 Protocol on the position of the United Kingdom and Ireland
on policies in respect of border controls asylum and immigration,
judicial cooperation in civil matters and on police
cooperation……………….
Annex 19 Declarations by Member States to be incorporated
in the Final Act
…………………………………………………………………………………
–
PART I
INSTITUTIONS
ANNEX 1
THE EUROPEAN COMMISSION
Article I-25: The European Commission
1. The Commission shall promote the general interest of the Union and take
appropriate initiatives to that end. It shall ensure that the Constitution and
the measures adopted by the Institutions pursuant thereto are applied. It shall
oversee the application of Union law under the control of the Court of Justice
of the European Union. It shall implement the budget and manage programmes. It
shall exercise coordinating, executive and management functions, as laid down in
the Constitution. With the exception of the common foreign and security policy
and other cases provided for in the Constitution, it shall ensure the Union’s
external representation. It shall initiate the Union’s annual and multiannual
programming with a view to achieving interinstitutional agreements.
2. Union legislative acts may be adopted only on the basis of a Commission
proposal, except where the Constitution provides otherwise. Other acts shall be
adopted on the basis of a Commission proposal where the Constitution so
provides.
3. The Commission’s term of office shall be five years.
4. The Members of the Commission shall be chosen on the ground of their general
competence and European commitment and their independence shall be beyond doubt.
5. The first Commission appointed under the provisions of the Constitution shall
consist of one national of each Member State, including its President and the
Union Minister for Foreign Affairs who shall be one of its Vice-Presidents.
6. As from the end of the term of office of the Commission referred to in
paragraph 5, the Commission shall consist of a number of Members, including its
President and the Union Minister for Foreign Affairs, corresponding to two
thirds of the number of Member States, unless the European Council, acting
unanimously, decides to alter this figure.
They shall be selected among the nationals of the Member States on the basis of
a system of equal rotation between the Member States. This system shall be
established by a European decision adopted unanimously by the European Council
on the basis of the following principles:
(a) Member States shall be treated on a strictly equal footing as regards
determination of the sequence of, and the time spent by, their nationals as
Members of the Commission; consequently, the difference between the total number
of terms of office held by nationals of any given pair of Member States may
never be more than one; (b) subject to point (a), each successive Commission
shall be so composed as to reflect satisfactorily the demographic and
geographical range of all the Member States of the Union.
7. In carrying out its responsibilities the Commission shall be completely
independent. Without prejudice to Article I-27(2), the Members of the Commission
shall neither seek nor take instructions from any government or other
institution, body, office or agency. They shall refrain from any action
incompatible with their duties or the performance of their tasks.
8. The Commission, as a body, shall be responsible to the European Parliament.
Under the procedures set out in Article III-243, the European Parliament may
vote on a censure motion on the Commission. If such a motion is carried, the
Members of the Commission shall resign as a body and the Union Minister for
Foreign Affairs shall resign from the Commission.
Article I-26: The President of the European Commission
1. Taking into account the elections to the European Parliament and after having
held the appropriate consultations, the European Council, acting by a qualified
majority, shall propose to the European Parliament a candidate for President of
the Commission. This candidate shall be elected by the European Parliament by a
majority of its members. If he or she does not obtain the required majority, the
European Council, acting by a qualified majority, shall within one month propose
a new candidate who shall be elected by the European Parliament following the
same procedure.
2. The Council, by common accord with the President-elect, shall adopt the list
of the other persons whom it intends to appoint as Members of the Commission.
They shall be selected, on the basis of the suggestions made by Member States,
in accordance with the criteria set out in Article I-25(4) and (6) second
subparagraph.
The President, the Union Minister for Foreign Affairs and the other Members of
the Commission shall be subject as a body to a vote of approval by the European
Parliament. On the basis of this approval the Commission shall be appointed by
the European Council, acting by a qualified majority.
3. The President of the Commission shall:
(a) lay down guidelines within which the Commission shall carry out its tasks;
(b) decide on the internal organisation of the Commission, ensuring that it acts
consistently, efficiently and as a collegiate body; (c) appoint Vice-Presidents,
other than the Union Minister for Foreign Affairs, from among the Members of the
Commission.
A Member of the Commission shall resign if the President so requests. The Union
Minister for Foreign Affairs shall resign, in accordance with the procedure set
out in Article I-27(1), if the President so requests.
Declaration for incorporation i
