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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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subsidiarity
[
Global Index
]
ARTICLE-I-11
: Fundamental principles [
go to this ARTICLE
]
... The
limits
of
Union
competences
are
governed
by the
principle of conferral
. The use of
Union
competences
is
governed
by the
principles of subsidiarity
and
proportionality
. ...
... Under the
principle
of
subsidiarity
, in
areas
which do not fall within its
exclusive competence
, the
Union
shall
act
only if and insofar as the
objectives
of the proposed
action
cannot be sufficiently achieved by the
Member States
, either at
central
level or at
regional
and
local level
, but can rather, by
reason
of the scale or
effects
of the proposed
action
, be better achieved at
Union
level. ...
... The
institutions
of the
Union
shall apply the
principle
of
subsidiarity
as laid down in the
Protocol
on the
application
of the
principles of subsidiarity
and
proportionality
.
National
Parliaments
shall ensure
compliance
with that
principle
in
accordance
with the
procedure
set out in that
Protocol
. ...
... The
institutions
of the
Union
shall apply the
principle
of
subsidiarity
as laid down in the
Protocol
on the
application
of the
principles of subsidiarity
and
proportionality
.
National
Parliaments
shall ensure
compliance
with that
principle
in
accordance
with the
procedure
set out in that
Protocol
. ...
... The
institutions
of the
Union
shall apply the
principle
of
proportionality
as laid down in the
Protocol
on the
application
of the
principles of subsidiarity
and
proportionality
. ...
ARTICLE-I-18
: Flexibility clause [
go to this ARTICLE
]
... Using the
procedure
for
monitoring
the
subsidiarity
principle
referred to in Article
I-11
(3), the
European Commission
shall draw
national
Parliaments
'
attention
to
proposals
based on this Article. ...
PREAMBLE
[
go to this PREAMBLE
]
... This
Charter
reaffirms, with
due
regard
for the
powers
and tasks of the
Union
and the
principle
of
subsidiarity
, the
rights
as they result, in particular, from the
constitutional
traditions and
international
obligations
common
to the
Member States
, the
European
Convention
for the
Protection
of
Human Rights
and
Fundamental Freedoms
, the
Social
Charters
adopted
by the
Union
and by the
Council of Europe
and the
case-law
of the
Court of Justice
of the
European Union
and of the
European
Court
of
Human Rights
. In this
context
the
Charter
will be interpreted by the
courts
of the
Union
and the
Member States
with
due
regard
to the explanations prepared under the
authority
of the Praesidium of the
Convention
which drafted the
Charter
and updated under the
responsibility
of the Praesidium of the
European
Convention
. ...
ARTICLE-II-111
: Field of application [
go to this ARTICLE
]
... The
provisions
of this
Charter
are addressed to the
institutions
,
bodies
,
offices
and
agencies
of the
Union
with
due
regard
for the
principle
of
subsidiarity
and to the
Member States
only when they are
implementing
Union
law
. They shall therefore
respect
the
rights
, observe the
principles
and
promote
the
application
thereof in
accordance
with their respective
powers
and respecting the
limits
of the
powers
of the
Union
as conferred on it in the other Parts of the
Constitution
. ...
ARTICLE-III-259
[
go to this ARTICLE
]
...
National
Parliaments
shall ensure that the
proposals
and
legislative
initiatives submitted under Sections 4 and 5 of this
Chapter
comply with the
principle
of
subsidiarity
, in
accordance
with the
arrangements
laid down by the
Protocol
on the
application
of the
principles of subsidiarity
and
proportionality
. ...
...
National
Parliaments
shall ensure that the
proposals
and
legislative
initiatives submitted under Sections 4 and 5 of this
Chapter
comply with the
principle
of
subsidiarity
, in
accordance
with the
arrangements
laid down by the
Protocol
on the
application
of the
principles of subsidiarity
and
proportionality
. ...
ARTICLE-III-266
[
go to this ARTICLE
]
... The
Union
shall develop a
common
policy
on
asylum
,
subsidiary
protection
and
temporary
protection
with a
view
to
offering
appropriate
status
to any thirdcountry
national
requiring
international
protection
and ensuring
compliance
with the
principle
of nonrefoulement. This
policy
must be in
accordance
with the
Geneva Convention
of 28 July 1951 and the
Protocol
of 31 January 1967 relating to the
status
of
refugees
, and other
relevant
treaties
. ...
... a
uniform
status
of
subsidiary
protection
for
nationals
of
third countries
who, without obtaining
European
asylum
, are in need of
international
protection
; ...
...
common
procedures
for the granting and
withdrawing
of
uniform
asylum
or
subsidiary
protection
status
; ...
...
criteria
and
mechanisms
for
determining
which
Member State
is
responsible
for considering an
application
for
asylum
or
subsidiary
protection
; ...
... standards
concerning
the
conditions
for the
reception
of
applicants
for
asylum
or
subsidiary
protection
; ...
...
partnership
and
cooperation
with
third countries
for the
purpose
of managing inflows of
people
applying for
asylum
or
subsidiary
or
temporary
protection
. ...
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