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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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taxation
[
Global Index
]
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
. ...
... 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-170
[
go to this ARTICLE
]
... No
Member State
shall impose, directly or
indirectly
, on the
products
of other
Member States
any
internal
taxation
of any kind in excess of that imposed directly or
indirectly
on similar
domestic products
. ...
... Furthermore, no
Member State
shall impose on the
products
of other
Member States
any
internal
taxation
of such a
nature
as to afford
indirect
protection
to other
products
. ...
... Where
products
are
exported
by a
Member State
to the
territory
of another
Member State
, any repayment of
internal
taxation
shall not exceed the
internal
taxation
imposed on them whether directly or
indirectly
. ...
... Where
products
are
exported
by a
Member State
to the
territory
of another
Member State
, any repayment of
internal
taxation
shall not exceed the
internal
taxation
imposed on them whether directly or
indirectly
. ...
... In the
case
of
charges
other than turnover taxes, excise
duties
and other forms of
indirect
taxation
, remissions and repayments in
respect
of
exports
to other
Member States
may not be
granted
and counter vailing
charges
in
respect
of
imports
from
Member States
may not be imposed unless the
provisions
contemplated have been previously
approved
for a limited
period
by a
European decision
adopted
by the
Council
on a
proposal
from the
Commission
. ...
ARTICLE-III-171
[
go to this ARTICLE
]
... A
European law
or
framework law
of the
Council
shall
establish
measures
for the
harmonisation
of
legislation
concerning
turnover taxes, excise
duties
and other forms of
indirect
taxation
provided that such
harmonisation
is necessary to ensure the
establishment
and the
functioning
of the
internal market
and to
avoid
distortion
of
competition
. The
Council
shall
act
unanimously
after consulting the
European Parliament
and the
Economic and Social Committee
. ...
ARTICLE-III-279
[
go to this ARTICLE
]
... This Section shall not provide a basis for the
introduction
by the
Union
of any
measure
which could
lead
to
distortion
of
competition
or contains
tax
provisions
or
provisions
relating to the
rights
and
interests
of employed
persons
. ...
ARTICLE-III-330
[
go to this ARTICLE
]
... A
European law
of the
European Parliament
shall lay down the
regulations
and
general
conditions
governing
the
performance
of the
duties
of its
Members
. The
European Parliament
shall
act
on its own
initiative
after
seeking
an
opinion
from the
Commission
and after obtaining the
consent
of the
Council
. The
Council
shall
act
unanimously
on all
rules
or
conditions
relating to the
taxation
of
Members
or former
Members
. ...
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