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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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capital
[
Global Index
]
ARTICLE-I-4
: Fundamental freedoms and non-discrimination [
go to this ARTICLE
]
... The
free movement
of
persons
,
services
,
goods
and
capital
, and
freedom
of
establishment
shall be
guaranteed
within and by the
Union
, in
accordance
with the
Constitution
. ...
PREAMBLE
[
go to this PREAMBLE
]
... The
Union
contributes
to the
preservation
and to the
development
of these
common
values
while respecting the
diversity
of the cultures and traditions of the peoples of
Europe
as well as the
national identities
of the
Member States
and the
organisation
of their
public authorities
at
national
,
regional
and
local levels
; it
seeks
to
promote
balanced
and
sustainable development
and ensures
free movement
of
persons
,
services
,
goods
and
capital
, and the
freedom
of
establishment
. ...
ARTICLE-III-130
[
go to this ARTICLE
]
... The
internal market
shall comprise an
area
without
internal
frontiers
in which the
free movement
of
persons
,
services
,
goods
and
capital
is ensured in
accordance
with the
Constitution
. ...
ARTICLE-III-137
[
go to this ARTICLE
]
...
Nationals
of a
Member State
shall have the
right
, in the
territory
of another
Member State
, to take up and pursue
activities
as
self-employed
persons
and to set up and
manage
undertakings, in particular
companies
or
firms
within the meaning of the second paragraph of
Article
III-142
, under the
conditions
laid down for its own
nationals
by the
law
of the
Member State
where such
establishment
is effected,
subject
to Section 4 relating to
capital
and payments. ...
ARTICLE-III-143
[
go to this ARTICLE
]
...
Member States
shall accord
nationals
of the other
Member States
the same
treatment
as their own
nationals
as
regards
participation
in the
capital
of
companies
or
firms
within the meaning of the second paragraph of
Article
III-142
, without
prejudice
to the
application
of the other
provisions
of the
Constitution
. ...
ARTICLE-III-145
[
go to this ARTICLE
]
...
Services
shall be considered to be `
services
' for the
purposes
of the
Constitution
where they are normally provided for
remuneration
, insofar as they are not
governed
by the
provisions
relating to
freedom of movement
for
persons
,
goods
and
capital
. `
services
' shall in particular
include
: ...
ARTICLE-III-146
[
go to this ARTICLE
]
... The liberalisation of banking and
insurance
services
connected
with
movements
of
capital
shall be effected in
step
with the liberalisation of
movement
of
capital
. ...
... The liberalisation of banking and
insurance
services
connected
with
movements
of
capital
shall be effected in
step
with the liberalisation of
movement
of
capital
. ...
ARTICLE-III-156
[
go to this ARTICLE
]
... Within the
framework
of this Section,
restrictions
both on the
movement
of
capital
and on payments between
Member States
and between
Member States
and
third countries
shall be
prohibited
. ...
ARTICLE-III-157
[
go to this ARTICLE
]
...
Article
III-156
shall be without
prejudice
to the
application
to
third countries
of any
restrictions
which
existed
on 31 December 1993 under
national
or
Union
law
adopted
in
respect
of the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. With
regard
to
restrictions
which
exist
under
national law
in
Estonia
and
Hungary
, the
date
in
question
shall be 31 December 1999. ...
...
Article
III-156
shall be without
prejudice
to the
application
to
third countries
of any
restrictions
which
existed
on 31 December 1993 under
national
or
Union
law
adopted
in
respect
of the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. With
regard
to
restrictions
which
exist
under
national law
in
Estonia
and
Hungary
, the
date
in
question
shall be 31 December 1999. ...
...
European laws
or
framework laws
shall enact
measures
on the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. ...
...
European laws
or
framework laws
shall enact
measures
on the
movement
of
capital
to or from
third countries
involving direct
investment
--
including
investment
in real estate,
establishment
, the
provision
of
financial
services
or the
admission
of
securities
to
capital
markets
. ...
... The
European Parliament
and the
Council
shall endeavour to
achieve
the
objective
of
free movement
of
capital
between
Member States
and
third countries
to the
greatest
extent
possible and without
prejudice
to other
provisions
of the
Constitution
. ...
... Notwithstanding paragraph 2, only a
European law
or
framework law
of the
Council
may enact
measures
which
constitute
a
step
backwards in
Union
law
as
regards
the liberalisation of the
movement
of
capital
to or from
third countries
. The
Council
shall
act
unanimously
after consulting the
European Parliament
. ...
ARTICLE-III-158
[
go to this ARTICLE
]
... to apply the
relevant
provisions
of their
tax law
which distinguish between taxpayers who are not in the same
situation
with
regard
to their
place
of
residence
or with
regard
to the
place
where their
capital
is invested; ...
... to take all requisite
measures
to
prevent
infringements
of
national
provisions
laid down by
law
or
regulation
, in particular in the
field
of
taxation
and the prudential
supervision
of
financial institutions
, or to lay down
procedures
for the
declaration
of
capital
movements
for
purposes
of
administrative
or
statistical
information
, or to take
measures
which are justified on grounds of
public
policy
or
public
security
. ...
... The
measures
and
procedures
referred to in paragraphs 1 and 2 shall not
constitute
a means of
arbitrary
discrimination
or a disguised
restriction
on the
free movement
of
capital
and payments as defined in
Article
III-156
. ...
ARTICLE-III-159
[
go to this ARTICLE
]
... Where, in
exceptional
circumstances
,
movements
of
capital
to or from
third countries
cause, or
threaten
to cause,
serious
difficulties for the
functioning
of
economic
and
monetary union
, the
Council
, on a
proposal
from the
Commission
, may
adopt
European regulations
or
decisions
introducing
safeguard
measures
with
regard
to
third countries
for a
period
not exceeding six
months
if such
measures
are strictly necessary. It shall
act
after consulting the
European Central Bank
. ...
ARTICLE-III-160
[
go to this ARTICLE
]
... Where necessary to
achieve
the
objectives
set out in
Article
III-257
, as
regards
preventing and combating
terrorism
and related
activities
,
European laws
shall define a
framework
for
administrative measures
with
regard
to
capital
movements
and payments, such as the
freezing
of
funds
,
financial
assets
or
economic
gains belonging to, or owned or held by,
natural
or
legal persons
,
groups
or nonState
entities
. ...
ARTICLE-III-192
[
go to this ARTICLE
]
... to examine, at least once a
year
, the
situation
regarding the
movement
of
capital
and the
freedom
of payments, as they result from the
application
of the
Constitution
and of
Union
acts
; the
examination
shall cover all
measures
relating to
capital
movements
and payments; the
Committee
shall
report
to the
Commission
and to the
Council
on the outcome of this
examination
. ...
... to examine, at least once a
year
, the
situation
regarding the
movement
of
capital
and the
freedom
of payments, as they result from the
application
of the
Constitution
and of
Union
acts
; the
examination
shall cover all
measures
relating to
capital
movements
and payments; the
Committee
shall
report
to the
Commission
and to the
Council
on the outcome of this
examination
. ...
ARTICLE-III-394
[
go to this ARTICLE
]
... The task of the
European Investment Bank
shall be to
contribute
, by having
recourse
to the
capital
markets
and utilising its own
resources
, to the
balanced
and steady
development
of the
internal market
in the
Union
's
interest
. For this
purpose
the
European Investment Bank
shall, operating on a non-
profit
-making basis, in particular
grant
loans
and give
guarantees
which
facilitate
the
financing
of the following
projects
in all
sectors
of the
economy
: ...
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