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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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compatible
[
Global Index
]
ARTICLE-I-41
: Specific provisions relating to the common security and defence policy [
go to this ARTICLE
]
... The
policy
of the
Union
in
accordance
with this Article shall not
prejudice
the
specific
character
of the
security
and
defence policy
of certain
Member States
, it shall
respect
the
obligations
of certain
Member States
, which see their
common
defence
realised in the
North Atlantic Treaty Organisation
, under the
North Atlantic Treaty
, and be
compatible
with the
common security
and
defence policy
established
within that
framework
. ...
ARTICLE-III-158
[
go to this ARTICLE
]
... This Section shall be without
prejudice
to the applicability of
restrictions
on the
right
of
establishment
which are
compatible
with the
Constitution
. ...
... In the
absence
of a
European law
or
framework law
provided for in Article
III-157
(3), the
Commission
or, in the
absence
of a
European decision
of the
Commission
within three
months
from the
request
of the
Member State
concerned
, the
Council
, may
adopt
a
European decision
stating that restrictive
tax
measures
adopted
by a
Member State
concerning
one or more
third countries
are to be considered
compatible
with the
Constitution
insofar as they are justified by one of the
objectives
of the
Union
and
compatible
with the proper
functioning
of the
internal market
. The
Council
shall
act
unanimously
on
application
by a
Member State
. ...
... In the
absence
of a
European law
or
framework law
provided for in Article
III-157
(3), the
Commission
or, in the
absence
of a
European decision
of the
Commission
within three
months
from the
request
of the
Member State
concerned
, the
Council
, may
adopt
a
European decision
stating that restrictive
tax
measures
adopted
by a
Member State
concerning
one or more
third countries
are to be considered
compatible
with the
Constitution
insofar as they are justified by one of the
objectives
of the
Union
and
compatible
with the proper
functioning
of the
internal market
. The
Council
shall
act
unanimously
on
application
by a
Member State
. ...
ARTICLE-III-167
[
go to this ARTICLE
]
... The following shall be
compatible
with the
internal market
: ...
... The following may be considered to be
compatible
with the
internal market
: ...
ARTICLE-III-168
[
go to this ARTICLE
]
... If, after giving
notice
to the
parties
concerned
to submit their comments, the
Commission
finds
that
aid
granted
by a
Member State
or through
State
resources
is not
compatible
with the
internal market
having
regard
to Article
III-167
, or that such
aid
is being misused, it shall
adopt
a
European decision
requiring the
Member State
concerned
to abolish or alter such
aid
within a
period
of
time
to be
determined
by the
Commission
. ...
... On
application
by a
Member State
, the
Council
may
adopt
unanimously
a
European decision
that
aid
which that
State
is granting or intends to
grant
shall be considered to be
compatible
with the
internal market
, in
derogation
from Article
III-167
or from
European regulations
provided for in Article
III-169
, if such a
decision
is justified by
exceptional
circumstances
. If, as
regards
the
aid
in
question
, the
Commission
has already initiated the
procedure
provided for in the first subparagraph of this paragraph, the
fact
that the
Member State
concerned
has made its
application
to the
Council
shall have the
effect
of
suspending
that
procedure
until the
Council
has made its attitude known. ...
... The
Commission
shall be informed by the
Member States
, in sufficient
time
to enable it to submit its comments, of any
plans
to
grant
or alter
aid
. If it considers that any such
plan
is not
compatible
with the
internal market
having
regard
to Article
III-167
, it shall without
delay
initiate the
procedure
provided for in paragraph 2 of this Article. The
Member State
concerned
shall not put its proposed
measures
into
effect
until this
procedure
has resulted in a
final decision
. ...
ARTICLE-III-189
[
go to this ARTICLE
]
... Each
Member State
shall ensure that its
national legislation
,
including
the
statutes
of its
national central bank
, is
compatible
with the
Constitution
and the
Statute
of the
European System of Central Banks
and of the
European Central Bank
. ...
ARTICLE-III-194
[
go to this ARTICLE
]
... to set out
economic policy
guidelines
for them, while ensuring that they are
compatible
with those
adopted
for the whole of the
Union
and are kept under
surveillance
. ...
ARTICLE-III-210
[
go to this ARTICLE
]
... shall not
prevent
any
Member State
from maintaining or introducing more stringent
protective measures
compatible
with the
Constitution
. ...
ARTICLE-III-234
[
go to this ARTICLE
]
... The
protective measures
adopted
pursuant to this Article shall not
prevent
any
Member State
from maintaining or introducing more stringent
protective measures
. Such
measures
must be
compatible
with the
Constitution
. They shall be notified to the
Commission
. ...
ARTICLE-III-235
[
go to this ARTICLE
]
...
Acts
adopted
pursuant to paragraph 3 shall not
prevent
any
Member State
from maintaining or introducing more stringent
protective
provisions
. Such
provisions
must be
compatible
with the
Constitution
. They shall be notified to the
Commission
. ...
ARTICLE-III-238
[
go to this ARTICLE
]
...
Aids
shall be
compatible
with the
Constitution
if they
meet
the needs of
coordination
of
transport
or if they represent
reimbursement
for the
discharge
of certain
obligations
inherent
in the
concept
of a
public service
. ...
ARTICLE-III-311
[
go to this ARTICLE
]
...
promote
harmonisation
of operational needs and
adoption
of effective,
compatible
procurement
methods
; ...
ARTICLE-III-315
[
go to this ARTICLE
]
... The
Commission
shall make
recommendations
to the
Council
, which shall authorise it to
open
the necessary
negotiations
. The
Council
and the
Commission
shall be
responsible
for ensuring that the
agreements
negotiated are
compatible
with
internal
Union policies
and
rules
. ...
ARTICLE-III-325
[
go to this ARTICLE
]
... A
Member State
, the
European Parliament
, the
Council
or the
Commission
may obtain the
opinion
of the
Court of Justice
as to whether an
agreement
envisaged is
compatible
with the
Constitution
. Where the
opinion
of the
Court of Justice
is
adverse
, the
agreement
envisaged may not
enter into force
unless it is amended or the
Constitution
is revised. ...
ARTICLE-III-435
[
go to this ARTICLE
]
... To the
extent
that such
agreements
are not
compatible
with the
Constitution
, the
Member State
or
States
concerned
shall take all appropriate
steps
to
eliminate
the incompatibilities
established
.
Member States
shall, where necessary, assist each other to this end and shall, where appropriate,
adopt
a
common
attitude. ...
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