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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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infringement
[
Global Index
]
ARTICLE-III-158
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-III-165
[
go to this ARTICLE
]
... Without
prejudice
to
Article
III-164
, the
Commission
shall ensure the
application
of the
principles
set out in
Articles
III-161
and
III-162
. On
application
by a
Member State
or on its own
initiative
, and in
cooperation
with the
competent authorities
in the
Member States
, which shall give it their
assistance
, the
Commission
shall
investigate
cases
of suspected
infringement
of these
principles
. If it
finds
that there has been an
infringement
, it shall
propose
appropriate
measures
to bring it to an end. ...
... Without
prejudice
to
Article
III-164
, the
Commission
shall ensure the
application
of the
principles
set out in
Articles
III-161
and
III-162
. On
application
by a
Member State
or on its own
initiative
, and in
cooperation
with the
competent authorities
in the
Member States
, which shall give it their
assistance
, the
Commission
shall
investigate
cases
of suspected
infringement
of these
principles
. If it
finds
that there has been an
infringement
, it shall
propose
appropriate
measures
to bring it to an end. ...
... If the
infringement
referred to in paragraph 1 is not brought to an end, the
Commission
shall
adopt
a reasoned
European decision
recording
the
infringement
of the
principles
. The
Commission
may
publish
its
decision
and authorise
Member States
to take the
measures
, the
conditions
and
details
of which it shall determine, needed to
remedy
the
situation
. ...
... If the
infringement
referred to in paragraph 1 is not brought to an end, the
Commission
shall
adopt
a reasoned
European decision
recording
the
infringement
of the
principles
. The
Commission
may
publish
its
decision
and authorise
Member States
to take the
measures
, the
conditions
and
details
of which it shall determine, needed to
remedy
the
situation
. ...
ARTICLE-III-361
[
go to this ARTICLE
]
... Before a
Member State
brings an
action
against another
Member State
for an alleged
infringement
of an
obligation
under the
Constitution
, it shall bring the matter before the
Commission
. ...
ARTICLE-III-362
[
go to this ARTICLE
]
... If the
Court
finds
that there is an
infringement
it may impose a lump sum or
penalty payment
on the
Member State
concerned
not exceeding the
amount
specified by the
Commission
. The
payment
obligation
shall take
effect
on the
date
set by the
Court
in its
judgment
. ...
ARTICLE-III-365
[
go to this ARTICLE
]
... For the
purposes
of paragraph 1, the
Court of Justice
of the
European Union
shall have
jurisdiction
in
actions
brought by a
Member State
, the
European Parliament
, the
Council
or the
Commission
on grounds of
lack
of
competence
,
infringement
of an essential procedural
requirement
,
infringement
of the
Constitution
or of any
rule of law
relating to its
application
, or misuse of
powers
. ...
... For the
purposes
of paragraph 1, the
Court of Justice
of the
European Union
shall have
jurisdiction
in
actions
brought by a
Member State
, the
European Parliament
, the
Council
or the
Commission
on grounds of
lack
of
competence
,
infringement
of an essential procedural
requirement
,
infringement
of the
Constitution
or of any
rule of law
relating to its
application
, or misuse of
powers
. ...
ARTICLE-III-367
[
go to this ARTICLE
]
... Should the
European Parliament
, the
European Council
, the
Council
, the
Commission
or the
European Central Bank
, in
infringement
of the
Constitution
, fail to
act
, the
Member States
and the other
institutions
of the
Union
may bring an
action
before the
Court of Justice
of the
European Union
to have the
infringement
established
. This
Article
shall apply, under the same
conditions
, to
bodies
,
offices
and
agencies
of the
Union
which fail to
act
. ...
... Should the
European Parliament
, the
European Council
, the
Council
, the
Commission
or the
European Central Bank
, in
infringement
of the
Constitution
, fail to
act
, the
Member States
and the other
institutions
of the
Union
may bring an
action
before the
Court of Justice
of the
European Union
to have the
infringement
established
. This
Article
shall apply, under the same
conditions
, to
bodies
,
offices
and
agencies
of the
Union
which fail to
act
. ...
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