CONTENTS
PREAMBLE
PART ONE. Charter of Fundamental Rights of the European Union
Title I Human dignity
Title II Freedoms
Title III Equality
Title IV Solidarity
Title V Citizens’ rights
Title VI Justice
Title VII Scope of guaranteed rights
PART TWO. Principles of the Union
Title I Foundations of the Union
Title II Tasks and objectives of the Union
Title III Powers of the Union
PART THREE. Organisation of the Union
Title I Foundations of Union organisation
Title II Institutions of the Union
Chapter 1. The European Parliament
Chapter 2. The Council of the European Union
Chapter 3. The European Commission
Chapter 4. The European Court of Justice
Chapter 5. The European Court of Auditors
Chapter 6. The Economic and Social Committee
Chapter 7. The Committee of the Regions
Title III Legislation of the Union
Title IV Budget of the Union
Title V External relations of the Union
PART FOUR Enhanced cooperation
PART FIVE. General and Final Provisions
Annex I: Constitutional Protocols concerning the Policies of the
Union

Constitutional Protocol No. 1: Common Market
Constitutional Protocol No. 2: Economic and Monetary Union
Constitutional Protocol No. 3: Common Foreign and Security Policy
Constitutional Protocol No. 4: Police and judicial cooperation in criminal matters
Constitutional Protocol No. 5: Joint encouragement of safety in the field of nuclear energy (former EURATOM Treaty)
ANNEX II: List of further Protocols Annexed to the Constitution
ANNEX III: List of Overseas Countries and Territories

PREAMBLE
The Member States and the peoples of the European Union,
RESOLVED to mark a new stage in the process of European integration
which started with the establishment of the European Communities in 1951
and 1957,
RECALLING the historic importance of the ending of the division of the
European continent and the need to create a firm basis for the construction of a permanently united Europe,
CONSCIOUS of their common spiritual and moral heritage, of the indivisible, universal values of human dignity, freedom, equality and solidarity,
CONFIRMING their attachment to the principles of liberty, democracy and
the respect for human rights and fundamental freedoms and for the rule of
law,
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,
DETERMINED to place the individual at the heart of the activities of the
European Union,
IN VIEW of the urgent need to render the process of European integration
and the functioning of the European institutions more efficient, more transparent and more comprehensible for the citizens of the Union,
BASED UPON the achievements of the European Communities, in particular
the Common Market established 31 December 1969, the Single European
Market established 31 December 1992 and the economic and monetary
union in the third stage of which the Community entered on 1 January
1999 and which has hitherto led to the introduction of a single currency in twelve Member States,
BASED UPON the achievements of the European Union as expressed in
the common foreign and security policy as well as in police and judicial cooperation in criminal matters, as established at the Maastricht intergovernmental conference, and further developed at the intergovernmental conferences at Amsterdam and Nice,
WITH REGARD TO the Charter of Fundamental Rights of the European
Union as drawn up by the Fundamental Rights Convention set up by the
Cologne European Council of 3/4 June 1999, which reaffirms the rights as
they result, in particular from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court of Justice of the European Communities and of the European Court of Human Rights,
WITH REGARD TO the findings of the Convention on the Reform of the
European Union created by the Laeken European Council on 15 December
2001,
FULL OF RESPECT FOR the special procedure, unprecedented in history,
under which these two Conventions have laid the foundations for this Constitution of the European Union with the collaboration of representatives of the European Parliament, the European Commission as well as the Parliaments and Governments of the Member States,
RECALLING that the representatives of the parliaments and governments
of the applicant countries were fully participating in the proceedings of the Convention on the Reform of the European Union,
RECALLING that the Court of Justice of the European Communities has
qualified the Treaty establishing the European Community as constitutional charter of a Community based on the rule of law,
HAVE DECIDED to merge the Treaties which form the foundations of the
European Union and the European Communities into a Constitution of the
European Union, to adapt the latter to the requirements of an enlarged Union and thus to complete the European Union as a Constitutional Union.

PART ONE. Charter of Fundamental Rights of the European Union
Title I Human dignity
Article 1 (Human dignity)
Human dignity is inviolable. It must be respected and protected.
Article 2 (Right to life)
(1) Everyone has the right to life.
(2) No one shall be condemned to the death penalty, or executed.
Article 3 (Right to the integrity of the person)
(1) Everyone has the right to respect for his or her physical and mental integrity.
(2) In the fields of medicine and biology, the following must be respected in
particular:
- the free and informed consent of the person concerned, according to the
procedures laid down by law,
- the prohibition of eugenic practices, in particular those aiming at the selection of persons,
- the prohibition on making the human body and its parts as such a
source of financial gain,
- the prohibition of the reproductive cloning of human beings.
Article 4 (Prohibition of torture and inhuman or degrading treatment or
punishment)
No one shall be subjected to torture or to inhuman or degrading treatment
or punishment.
Article 5 (Prohibition of slavery and forced labour)
(1) No one shall be held in slavery or servitude.
(2) No one shall be required to perform forced or compulsory labour.
(3) Trafficking in human beings is prohibited.
Title II Freedoms
Article 6 (Right to liberty and security)
Every Person has the right to liberty and security of person.
Article 7 (Respect for private and family life)
Everyone has the right to respect for his or her private and family life, home and communications.
Article 8 (Protection of personal data)
(1) Everyone has the right to the protection of personal data concerning him or her.
(2) Such data must be processed fairly for specified purposes on the basic of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
(3) Compliance with these rules shall be subject to control by an independent authority.
Article 9 (Right to marry and right to found a family)
The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.
Article 10 (Freedom of thought, conscience and religion)
(1) Everyone has the right to freedom of thought, conscience and religion.
This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
(2) The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
Article 11 (Freedom of expression and information)
(1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
(2) The freedom and pluralism of the media shall be respected.
Article 12 (Freedom of assembly and of association)
(1) Everyone has the right to freedom of peaceful assembly and to freedom
of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
(2) Political parties at Union level contribute to expressing the political will of the citizens of the Union.
Article 13 (Freedom of the arts and sciences)
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
Article 14 (Right to education)
(1) Everyone has the right to education and to have access to vocational
and continuing training.
(2) This right includes the possibility to receive free compulsory education.
(3) The freedom to found educational establishment with the due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
Article 15 (Freedom to choose an occupation and right to engage in work)
(1) Everyone has the right to engage in work and to pursue freely chosen or accepted occupation.
(2) Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
(3) Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Article 16 (Freedom to conduct a business)
The freedom to conduct a business in accordance with Union law and national laws and practices is recognised.
Article 17 (Right to property)
(1) Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.
(2) Intellectual property shall be protected.
Article 18 (Right to asylum)
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967
relating to the status of refugees and in accordance with Constitutional Protocol
No. 4.
Article 19 (Protection in the event of removal, expulsion or extradition)
(1) Collective expulsions are prohibited.
(2) No one may be removed, expelled or extradited to a State where there
is a serious risk that he or she would be subject to the death penalty, torture or inhuman or degrading treatment or punishment.
Title III Equality
Article 20 (Equality before the law)
Everyone is equal before the law.
Article 21 (Non-discrimination)
(1) Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
(2) Within the scope of application of Constitutional Protocols No. 1, No. 2 and No. 5, and without prejudice to the special provisions of this Constitution, any discrimination on grounds of nationality shall be prohibited.
Article 22 (Cultural, religious and linguistic diversity)
The Union shall respect cultural, religious and linguistic diversity.
Article 23 (Equality between men and women)
(1) Equality between men and women must be ensured in all areas, including employment, work and pay.
(2) The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the underrepresented sex.
Article 24 (The rights of the child)
(1) Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
(2) In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
(3) Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
Article 25 (The rights of the elderly)
The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.
Article 26 (Integration of persons with disabilities)
The Union recognises and respects the right of persons with disabilities to benefit form measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Title IV Solidarity
Article 27 (Workers’ right to information and consultation within the undertaking)
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.
Article 28 (Right of collective bargaining and action)
Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interest, including strike action.
Article 29 (Right of access to placement services)
Everyone has the right of access to a free placement service.
Article 30 (Protection in the event of unjustified dismissal)
Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices.
Article 31 (Fair and just working conditions)
(1) Every worker has the right to working conditions which respect his or her health, safety and dignity.
(2) Every worker has the right to limitation of maximum working hours, to
daily and weekly rest periods and to an annual period of paid leave.
Article 32 (Prohibition of child labour and protection of young people at
work)
(1) The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving
age, without prejudice to such rules as may be favourable to young people
and except for limited derogations.
(2) Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.
Article 33 (Family and professional life)
(1) The family shall enjoy legal economic and social protection.
(2) To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
Article 34 (Social security and social assistance)
(1) The Union recognises and respects the entitlement to social security
benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.
(2) Everyone residing and moving legally within the Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices.
(3) In order to combat social exclusion and poverty, the Union recognises
and respects the right to social and housing assistance so as to ensure a
decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.
Article 35 (Health care)
Everyone has the right of access to preventive health care and the right to benefit form medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.
Article 36 (Access to services of general economic interest)
The Union recognises and respects access to services of general interests
as provided for in national laws and practices, in accordance with this Constitution, in order to promote the social and territorial cohesion of the Union.
Article 37 (Environmental protection)
A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.
Article 38 (Consumer protection)
Union policies shall ensure a high level of consumer protection.
Title V Citizens’ rights
Article 39 (Right to vote and to stand as a candidate at elections to the
European Parliament)
(1) Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.
(2) Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.
Article 40 (Right to vote and to stand as a candidate at municipal elections)
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that state.
Article 41 (Right to good administration)
(1) Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union.
(2) This right includes:
– the right of every person to be heard, before any individual measure
which would affect him or her adversely is taken;
– the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
– the obligation of the administration to give reasons for its decisions.
(3) Every person has the right to have the Union make good any damage
caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
(4) Every person may write to the institutions of the Union in one of the languages of the Constitution and must have an answer in the same language.
Article 42 (Right of access to documents)
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right of access to European Parliament, Council and Commission documents.
Article 43 (Ombudsman)
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Union institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.
Article 44 (Right to petition)
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has a right to petition the European Parliament.
Article 45 (Freedom of movement and of residence)
(1) Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
(2) Freedom of movement and residence may be granted, in accordance
with Constitutional Protocol No. 1, to nationals of third countries legally resident in the territory of a Member State.
Article 46 (Diplomatic and consular protection)
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same condition as the nationals of that Member State.
Title VI Justice
Article 47 (Right to an effective remedy and to a fair trial)
(1) Everyone whose rights and freedoms guaranteed by Union law are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
(2) Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.
(3) Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure access to justice.
Article 48 (Presumption of innocence and right of defence)
(1) Everyone who has been charged shall be presumed innocent until
proved guilty according to law.
(2) Respect for the rights of the defence of anyone who has been charged
shall be guaranteed.
Article 49 (Principles of legality and proportionality of criminal offences and penalties)
(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
(2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
(3) The severity of penalties must not be disproportionate to the criminal offence.
Article 50 (Right not to be tried or punished twice in criminal proceedings for the same criminal offence)
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.
Title VII Scope of guaranteed rights
Article 51 (Scope of the Charter)
(1) Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.
(2) The provisions of this Charter are addressed to the institutions and bodies 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.(3) This Charter does not establish any new power or task for the Union, or
modify powers and tasks defined by this Constitution.
Art. 52 (Scope of guaranteed rights)
(1) Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
(2) Rights recognised by this Charter which are based on the provisions of the Constitutional Protocols annexed to this Constitution shall be exercised under the conditions and within the limits defined by these Protocols.
(3) Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
Article 53 (Level of protection)
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions.
Article 54 (Prohibition of abuse of rights)
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.
PART TWO. Principles of the Union
Title I Foundations of the Union
Art. 55 (Constitution; European Union)
(1) This Constitution marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as efficiently, as openly and as closely to the citizen as possible.
(2) The European Union established by this Constitution shall be founded
on the citizens of the Union and the Member States.
(3) The Union is based on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.
(4) This Constitution is founded on, and replaces, the Treaty establishing the European Community, the Treaty establishing the European Atomic Energy Community, the Treaty on European Union as well as all subsequent Treaty amendments and all Treaties of Accession. It maintains in full the acquis created by these Treaties and develops it further into a Constitutional Union.
Article 56 (Legal personality)
The Union shall have legal personality.
Article 57 (Supremacy of Union law)
Union law shall prevail over national law.
Article 58 (Union loyalty)
(1) Member States shall take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out of this Constitution or resulting from action taken by the Union. They shall facilitate the achievement of the Union's tasks.
(2) Member States shall abstain from any measure which could jeopardise
the attainment of the objectives and rights laid down in this Constitution.
(3) The Union shall respect the national identities of the Member States,
their constitutional and political structures and their own competences, and shall act with loyalty towards them.
Article 59 (Principle of a Union governed by the rule of law)
(1) Member States undertake not to submit a dispute concerning the interpretation or application of this Constitution to any method of settlement other than those provided for in this Constitution.
(2) They always comply with the judgments of the Court of Justice without
delay and in a complete manner.
Title II Tasks and objectives of the Union
Article 60 (General tasks and objectives of the Union)
(1) The Union shall have as its task,
– to establish a common market,
– to establish an economic and monetary union,
– to create a common foreign and security policy,
– to bring about police and judicial cooperation in criminal matters
and
– to encourage jointly the safety in the field of nuclear energy.
(2) By implementing these activities, the Union shall have as its purpose,
– to promote throughout the Union a harmonious, balanced and sustainable
development of economic activities, a high level of employment
and of social protection, equality between men and women, sustainable
and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and im-
provement of the quality of the environment, the raising of the standard
of living and quality of life, and economic and social cohesion and solidarity among Member States,
– to assert the identity of the Union on the international scene
and
– to maintain and develop the Union as an area of freedom, security and
justice.
Article 61 (Common market)
For the purposes set out in Article 60, the activities of the Union shall include, as provided in Constitutional Protocol No. 2 annexed to this Constitution, and in accordance with the timetable set out therein:
a) the prohibition, as between Member States, of customs duties and
quantitative restrictions on the import and export of goods, and of all
other measures having equivalent effect;
b) a common commercial policy;
c) an internal market characterised by the abolition, as between Member
States, of obstacles to the free movement of goods, persons, services
and capital;
d) measures concerning the entry and movement of persons;
e) a common policy in the sphere of agriculture and fisheries;
f) a common policy in the sphere of transport;
g) a system ensuring that competition in the internal market is not distorted;
h) the approximation of the laws of Member States to the extent required
for the functioning of the common market;
i) the promotion of coordination between employment policies of the
Member States with a view to enhancing their effectiveness by developing
a coordinated strategy for employment;
j) a policy in the social sphere comprising a European Social Fund;
k) the strengthening of economic and social cohesion;
l) a policy in the sphere of the environment;
m) the strengthening of the competitiveness of Union industry;
n) the promotion of research and technological development;
o) encouragement for the establishment and development of trans-
European networks;
p) a contribution to the attainment of a high level of health protection;
q) a contribution to education and training of quality and to the flowering of the cultures of the Member States;
r) a policy in the sphere of development cooperation;
s) the association of the overseas countries and territories in order to increase trade and promote jointly economic and social development;
t) a contribution to the strengthening of consumer protection;
u) measures in the spheres of energy, civil protection and tourism.
Article 62 (Economic and monetary union)
(1) For the purpose set out in Article 60, the activity of the Union shall include, as provided in Constitutional Protocol No. 2 annexed to this Constitution, and in accordance with the timetable set out therein, the adoption of an economic policy which is based on the close coordination of Member States' economic policies, on the internal market and on the definition of common objectives, and conducted in accordance with the principle of an open market economy with free competition.
(2) Concurrently with the foregoing, and as provided in Constitutional Protocol
No. 2 annexed to this Constitution and in accordance with the timetable
and the procedures set out therein, this activity shall include the irrevocable fixing of exchange rates leading to the introduction of a single currency, the Euro, and the definition and conduct of a single monetary policy and exchange- rate policy the primary objective of both of which shall be to main-
tain price stability and, without prejudice to this objective, to support the general economic policies in the Union, in accordance with the principle of an open market economy with free competition.
(3) This activity of the Union shall entail compliance with the following guiding principles: stable prices, sound public finances and monetary conditions and a sustainable balance of payments.
Article 63 (Common foreign and security policy)
(1) For the purpose set out in Article 60, the activity of the Union shall include, as provided in Constitutional Protocol No. 3 annexed to this Constitution, a common foreign and security policy covering all areas of foreign and security policy, including defence policy.
(2) The objectives of the common foreign and security policy shall be:
– to safeguard the common values, fundamental interests, independence
and integrity of the Union in conformity with the principle of the United
Nations Charter;
– to strengthen the security of the Union in all ways;
– to preserve peace and strengthen international security, in accordance
with the principles of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders;
– to promote international cooperation;
– to develop and consolidate democracy and the rule of law, and respect
for human rights and fundamental freedoms.
Article 64 (Police and judicial cooperation in criminal matters)
(1) As provided in Constitutional Protocol No. 4 annexed to this Constitution, and in accordance with the timetable set out therein, the Union shall pursue the objective to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters and by preventing and combating racism and xenophobia.
(2) That objective shall be achieved by preventing and combating crime, organized and otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud, through:
– closer cooperation between police forces, customs authorities and other
competent authorities in the Member States, both directly and through
the European Police Office (Europol);
– closer cooperation between judicial and other competent authorities of
the Member States;
– approximation, where necessary, of rules on criminal matters in the
Member States.
Article 65 (Joint encouragement of security in the field of nuclear energy)
(1) For the purpose set out in Article 60, the activity of the Union shall include
the task of contributing to a raising of the standard of living in the
Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries.
(2) In order to perform its task, the Union shall, as provided in Constitutional
Protocol No. 5 annexed to this Constitution:
a) promote research and ensure the dissemination of technical information;
b) establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied;
c) facilitate investment and ensure, particularly by encouraging ventures
on the part of undertakings, the establishment of the basic installations
necessary for the development of nuclear energy in the Union;
d) ensure that all users in the Union receive a regular and equitable supply of ores and nuclear fuels;
e) make certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended;
f) exercise the right of ownership conferred upon it with respect to special fissile materials;
g) ensure wide commercial outlets and access to the best technical facilities by the creation of a common market in specialized materials and equipment, by the free movement of capital for investment in the field of nuclear energy and by freedom of employment for specialists within the Union;
h) establish with other countries and international organizations such relations as will foster progress in the peaceful uses of nuclear power.
Title III Powers of the Union
Article 66 (Division of powers between the Union and the Member States)
Legislative and administrative powers in the Union are reserved to the
Member States insofar as this Constitution does not assign such powers to
the Union.
Article 67 (Exclusive legislative competences of the Union)
The Union shall have the exclusive legislative competence on:
– the establishment of the rights and duties related to the citizenship of the Union, including the modalities of their exercise;
– the external trade policy, including the fixing of customs duties at the external borders of the Union;
– the monetary law of the Euro;
– the competition policy of the Union;
– the common organisation of agricultural markets;
– the common fisheries policy;
– air transport;
– the structural and cohesion policy of the Union;
– the legal regime governing the officials and servants of the Union;
– the rules governing the languages of the institutions of the Union;
– the establishment of decentralised bodies of the Union and their legal
regime;
– Union statistics.
Article 68 (Shared legislative competences)
(1) Subject to Article 69, the Union shall have legislative competences concerning measures, which, for the purpose set out in Article 61 lit. c, have as their object the establishment and functioning of the internal market if and insofar
– obstacles to the free movement of goods, persons, services and capital
exist or may well arise within the Union
and
– these obstacles result or may result in an appreciable distortion of competition.
(2) Further non exclusive competences of the Union are laid down in this
Constitution and in the Constitutional Protocols annexed to it. [This could be
replaced by a more detailed list of concurrent competences]
Article 69 (Principle of subsidiarity; Political and judicial control)
(1) In areas which do not fall within its exclusive competence, the Union
shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed actions
– cannot be sufficiently achieved by the Member States
and
– can, by reason of the scale or effects of the proposed actions, be more
efficiently be achieved by the Union.
(2) The Commission shall forward its annual legislative programme (Article 103 paragraph 1) to the national parliaments without delay in order to allow for a political control whether both conditions set out in paragraph 1 have been satisfied. If a national parliament concludes that this is not the case, it may call upon the Commission to deliver a reasoned opinion within a period of one month.
(3) Judicial control of the principle of subsidiarity shall take place in accordance with Articles 125 and 130.
Article 70 (Principle of proportionality)
Any action by the Union shall not go beyond what is necessary to achieve
the objectives of this Constitution.
Article 71 (External competences)
(1) In areas where the Union has legislative and administrative competences, foreign relations shall be conducted by the Union.
(2) Before the Union acts at international level, a Member State whose very important interests are at stake has to be heard in due time.
(3) In areas where the Member States have legislative and administrative
competences, the Union has to be consulted in due time before a Member
State acts at international level.
PART THREE. Organisation of the Union
Title I Foundations of Union organisation
Article 72 (Institutions of the Union)
(1) The tasks entrusted to the Union shall be carried out by the following institutions:
– the European Parliament,
– the Council of the European Union,
– the European Commission,
– the European Court of Justice,
– the European Court of Auditors.
Each institution shall act within the limits of the powers conferred upon it by this Constitution.
(2) The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.
(3) A Union act shall govern the legal status of further committees provided for in this Constitution.
(4) In order to fulfil its tasks, the Union may, if necessary, establish bodies and provide them with legal personality by a Union act. Adoption of such a Union act shall require the European Parliament acting by the majority of its members and the Council acting unanimously.
Article 73 (European Central Bank)
(1) The European System of Central Banks (hereinafter referred to as
"ESCB") and the European Central Bank (hereinafter referred to as "ECB”)
shall act within the limits of the tasks and competences conferred upon
them by this Constitution and by the Statute of the ESCB and of the ECB
(hereinafter referred to as "Statute of the ESCB").
(2) The ESCB shall be composed of the ECB and of the central banks of
the Member States (hereinafter referred to as "national central banks”).
(3) The ECB shall have legal personality.
(4) The ESCB shall be governed by the decision-making bodies of the ECB.
(5) When exercising the powers and carrying out the tasks and duties conferred upon them by this Constitution, Constitutional Protocol No. 2 and the Statute of the ESCB, neither the ECB, nor a national central bank, nor any member of their decision-making bodies shall neither seek nor take instructions from any Union institution or body, from any government of a Member State or from any other body. The Union institutions and bodies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the ECB or of the national central banks in the performance of their tasks.
(6) The ECB shall make good any damage caused by its decision-making
bodies or servants in the performance of their duties; Article 41 paragraph 3 shall apply accordingly.
Article 74 (European Investment Bank)
(1) The European Investment Bank (hereinafter referred to as "EIB") shall
act within the limits of the tasks and competences conferred upon it by this Constitution and by the Protocol on the Statute of the EIB (hereinafter referred to as "Statute of the EIB").
(2) The members of the EIB shall be the Member States.
(3) The EIB shall have legal personality.
(4) The EIB shall make good any damage caused by its decision-making
bodies or servants in the performance of their duties; Article 41 paragraph 3 shall apply accordingly.
Article 75 (Europol)
(1) The European Police Office (hereinafter referred to as “Europol“) shall act within the limits of the tasks and competences conferred upon it by this Constitution and by the Europol-Agreement annexed to this Constitution as a Protocol.
(2) Europol shall have legal personality.
(3) Europol shall make good any damage caused by its decision-making
bodies or servants in the performance of their duties; Article 41 paragraph 3 shall apply accordingly.
Article 76 (Seat of the Union and its institutions)
(1) The seat of the Union shall be Brussels.
(2) The seat of the institutions of the Union, of the ECB, the EIB and Europol shall be governed by the "Protocol on the location of the seats of the institutions and of certain bodies and departments of the European Communities and Europol“, annexed to this Constitution.
Article 77 (Privileges and immunities)
(1) The Union shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in the "Protocol of 8 April 1965 on the privileges and immunities of the European Communities", annexed to this Constitution.
(2) The same shall apply to the ECB, the EIB and Europol.
Article 78 (Status of officials and servants; Determination of allowances of the members of the institutions)
(1) The staff regulations of officials of the Union and the conditions of employment of other servants of the Union shall be laid down by a Union act, after consulting the institutions concerned.
(2) A Union act shall determine the salaries, allowances and pensions of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice, of the President and members of the Court of Auditors, as well as of the members of the Economic and Social Committee and the Committee of the Regions. The same provision shall apply to any payment to be made instead of remuneration.
(2) This is without prejudice to Article 11.3 and 36.1 of the Statute of the ESCB.
Article 79 (Obligation of secrecy)
(1) The members of the institutions of the Union, the members of committees, and the officials and other servants of the Union shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
(2) The same shall apply to the ECB, the EIB and Europol.
Article 80 (Data protection)
(1) Union acts on the protection of individuals with regard to the processing of personal data and the free movement of such data shall apply to the institutions and bodies of the Union set up by, or on the basis of, this Constitution, and to the ECB.
(2) A Union act shall establish an independent supervisory body responsible for monitoring the application of such Union acts to Union institutions and bodies and shall provide any other relevant provisions as appropriate.
Article 81 (Union statistics)
(1) Without prejudice to Article 5 of the Statute of the ESCB, a Union act shall lay down measures for the production of statistics where necessary for the performance of the activities of the Union.
(2) The production of Union statistics shall conform to impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality; it shall not entail excessive burdens on economic operators.
Title II Institutions of the Union
Chapter 1. The European Parliament
Article 82 (Function and composition)
(1) The European Parliament shall form the House of Peoples in the legislative process of the Union.
(2) It shall consist of representatives of the peoples of the Member States brought together in the Union.
(3) The number of members of the European Parliament shall not exceed
732. From 2009, the number shall be limited to 700; Article 83 paragraph 2 subparagraph 2 shall apply accordingly.
Article 83 (Electoral procedure)
(1) The representatives in the European Parliament of the peoples of the
Member States brought together in the Union shall be elected by direct universal suffrage.
(2) The number of representatives elected in each Member State shall be
as follows:
Belgium 22
Denmark 13
Germany 99
Greece 22
Spain 50
France 72
Ireland 12
Italy 72
Luxembourg 6
Netherlands 25
Austria 17
Portugal 22
Finland 13
Sweden 18
United Kingdom 72
[Bulgaria 17
– 33 –
Cyprus 6
Czech Republic 22
Estonia 6
Hungary 22
Lithuania 8
Latvia 12
Malta 5
Poland 50
Romania 50
Slovakia 13
Slovenia 7]
In the event of amendments to this paragraph, the number of representatives elected in each Member State must ensure appropriate representation of the peoples of the States brought together in the Union.
(3) Representatives shall be elected for a term of five years.
(4) The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States. The Council shall, acting unanimously after obtaining the assent of the European Parliament, which shall act by a majority of its members, lay down the appropriate provisions, which it shall recommend to Member
States for adoption in accordance with their respective constitutional requirements.
(5) The European Parliament, after seeking an opinion from the Commission
and with the approval of the Council acting by qualified majority, shall
lay down by Union act the regulations and general conditions governing the performance of the duties of its members. The European Parliament shall govern all rules and conditions relating to the taxation of members or former members under the same procedure.
Article 84 (Political parties at European level)
(1) In accordance with Article 11 paragraph 2, a Union act shall lay down
the regulations governing political parties at European level and in particular the rules regarding their funding.
(2) The political parties shall constitute their internal organisation on a democratic basis.
(3) The political parties shall nominate their candidates for the European Parliament according to democratic procedures.
Article 85 (Request to the Commission)
The European Parliament may, acting by a majority of its members, request
the Commission to submit any appropriate proposal on matters on which it
considers that a Union act is required for the purpose of implementing this Constitution.
Article 86 (Committee of Inquiry)
(1) In the course of its duties, the European Parliament may, at the request of a quarter of its members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by this Constitution on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.
(2) The temporary Committee of Inquiry shall cease to exist on the submission of its report.
(3) The detailed provisions governing the exercise of the right of inquiry shall be determined by common accord of the European Parliament, the Council and the Commission.
Article 87 (Ombudsman)
(1) The European Parliament shall appoint an Ombudsman empowered to
receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Union institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.
In accordance with his duties, the Ombudsman shall conduct inquiries for
which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a Member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of
maladministration, he shall refer the matter to the institution concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution concerned. The person lodging the complaint shall be informed of the outcome of such inquiries.
The Ombudsman shall submit an annual report to the European Parliament
on the outcome of his inquiries.
(2) The Ombudsman shall be appointed after each election of the European
Parliament for the duration of its term of office. The Ombudsman shall be
eligible for reappointment. The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.
(3) The Ombudsman shall be completely independent in the performance of
his duties. In the performance of those duties he shall neither seek nor take instructions from any body. The Ombudsman may not, during his term of office, engage in any other occupation, whether gainful or not.
(4) The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, lay down by Union act the regulations and general conditions governing the performance of the Ombudsman's duties.
Article 88 (Annual and extraordinary session)
(1) The European Parliament shall hold an annual session. It shall meet,
without requiring to be convened, on the second Tuesday in March.
(2) The European Parliament may meet in extraordinary session at the request of a majority of its members or at the request of the Council or of the Commission.
Article 89 (Officers; Rights of the members of the Commission and of the
Council)
(1) The European Parliament shall elect its President and its officers from among its members.
(2) Members of the Commission may attend all meetings and shall, at their
request, be heard on behalf of the Commission.
(3) The Commission shall reply orally or in writing to questions put to it by the European Parliament or by its members.
(4) The Council shall be heard by the European Parliament in accordance
with the conditions laid down by the Council in its Rules of Procedure.
Article 90 (Decision making; Quorum)
(1) Save as otherwise provided in this Constitution, the European Parliament shall act by an absolute majority of the votes cast.
(2) The Rules of Procedure shall determine the quorum.
Article 91 (Rules of Procedure; Proceedings)
(1) The European Parliament shall adopt its Rules of Procedure, acting by a majority of its members.
(2) The proceedings of the European Parliament shall be published in the
manner laid down in its Rules of Procedure.
Article 92 (Annual general report)
The European Parliament shall discuss in open session the annual general
report submitted to it by the Commission.
Chapter 2. The Council of the European Union
Article 93 (Function of the Council)
(1) The Council shall form the House of States in the Union’s legislative
process.
(2) In addition and without prejudice to the competences of the Commission the Council coordinates
– the economic policies of the Member States;
– the common foreign and security policy;
– the police and judicial cooperation in criminal matters.
Article 94 (Composition of the Council; President)
(1) The Council shall consist of one representative of each Member State at ministerial level, authorised to commit the government of that Member
State. (2) The office of President shall be held in turn by each Member State in the Council for a term of six months; the Council may decide unanimously a longer term. The order in which the office of President shall be held shall be decided by the Council unanimously.
(3) The Council can be assisted by conferences consisting of departmental
ministers. Where the Council takes decisions within the context of its tasks under Article 93 paragraph 1, these conferences shall not have any decision- making power.
Article 95 (Convening the Council)
The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
Article 96 (Decision-making by the Council)
(1) Save as otherwise provided in this Constitution, the Council shall act by a majority of its members.
(2) Where the Council is required to act by a qualified majority, the assent of the majority of members of the Council representing 50 % of the total population of the Union is necessary.
Article 97 (Voting pool)
Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.
Article 98 (European Council)
(1) The European Council shall provide the Union with the necessary impetus for its development and shall define the general political guidelines thereof.
(2) The European Council shall bring together the Heads of State or Government of the Member States and the President of the Commission. They
shall be assisted by the Ministers for Foreign Affairs of the Member States and by a member of the Commission. The European Council shall meet at least twice a year, under the chairmanship of the Head of State or Government of the Member State which holds the Presidency of the Council.
(3) The European Council shall submit to the European Parliament a report
after each of its meetings and a yearly written report on the progress
achieved by the Union.
Article 99 (COREPER; General Secretariat; Rules of Procedure)
(1) A committee consisting of the Permanent Representatives of the Member
States shall be responsible for preparing the work of the Council and for
carrying out the tasks assigned to it by the Council. The Committee may
adopt procedural decisions in cases provided for in the Council's Rules of Procedure.
(2) The Council shall adopt its Rules of Procedure.
(3) At the request of the Council, the Commission may carry out the duties of a General Secretariat whenever the Council does not act as House of States in the legislative process.
Article 100 (Publicity of Council meetings)
Whenever the Council acts as House of States in the legislative process, it shall meet in public.
Article 101 (Request to the Commission)
The Council may request the Commission to undertake any studies the
Council considers desirable for the attainment of the common objectives,
and to submit to it any appropriate proposals.
Chapter 3. The European Commission
Article 102 (Tasks of the Commission)
(1) The executive power of the Union shall be vested in the European Commission.
(2) In order to ensure the proper functioning and development of the Union,
the Commission in addition shall:
– ensure that the provisions of this Constitution and the measures taken
by the institutions pursuant thereto are applied;
– formulate recommendations or deliver opinions on matters dealt with in
this Constitution, if it expressly so provides or if the Commission considers it necessary;
– exercise the powers conferred on it by the European Parliament and by
the Council for the implementation of the rules laid down by them;
– ensure the consistency of the external representation of the Union, save as otherwise provided in this Constitution.
(3) The Commission shall support the non-legislative activities of the Council, as provided for in Article 99 paragraph 3.
Article 103 (Annual legislative programme; general report)
(1) At 1 November, the Commission shall forward the annual legislative
programme of the Union for the following year to the European Parliament,
the Council as well as the national parliaments (Article 69 paragraph 2).
(2) The Commission shall publish annually, not later than one month before the opening of the session of the European Parliament, a general report on the activities of the Union.
Article 104 (Composition of the Commission)
(1) The members of the Commission shall be chosen on the grounds of
their general competence. Their independence shall be beyond doubt.
(2) The Commission shall include one national of each of the Member
States. The number of members of the Commission may be altered, with the assent of the European Parliament, by the Council acting unanimously.
(3) Only nationals of Member States may be members of the Commission.
(4) The members of the Commission shall, in the general interest of the Union, be completely independent in the performance of their duties.
In the performance of these duties, they shall neither seek nor take instructions from any government or from any other body. They shall refrain from any action incompatible with their duties. Each Member State undertakes to respect this principle and not to seek to influence the members of the Commission in the performance of their tasks.
The members of the Commission may not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of these obligations, the Court of Justice may, on application by the Council or the Commission, rule that the member concerned be, according to the circumstances, either compulsorily retired in accordance with Article 108 or deprived of his right to a pension or other benefits in its stead.
Article 105 (Election and appointment of the members of the Commission)
(1) The President of the Commission shall be elected by the European Parliament by an absolute majority of its members. His appointment shall be approved by the Council.
(2) The other members of the Commission are nominated by the President
of the Commission by common accord with the respective Member State.
They are elected by the European Parliament after having being heard individually with regard to Article 104 paragraph 1. The appointment of the other members of the Commission shall be approved by the Council.
(3) Subject, if need be to Articles 106 to 108 and Article 110 paragraph 4, the term of office of the members of the Commission shall be a period of five years. Their term of office shall be renewable.
Article 106 (Motion of censure on the Commission)
(1) If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
(2) If the motion of censure is carried by a two-thirds majority of the votes cast, representing a majority of the members of the European Parliament, the members of the Commission shall resign as a body. They shall continue to deal with current business until they are replaced in accordance with Article 105. In this case, the term of office of the members of the Commission appointed to replace them shall expire on the date on which the term of office of the members of the Commission obliged to resign as a body would have expired.
Article 107 (Replacement during the term of office)
(1) Apart from normal replacement, or death, the duties of a member of the Commission shall end when he resigns or is compulsorily retired. The vacancy caused by a resigned, compulsorily retired or dead member shall be filled for the remainder of the member’s term of office by a new member appointed in the procedure laid down in Article 105.
(2) In the event of resignation, compulsory retirement or death, the President shall be replaced for the remainder of his term of office according to the procedure laid down in Article 105.
(3) Save in the case of compulsory retirement under Article 108, members
of the Commission shall remain in office until they have been replaced.
Article 108 (Compulsory retirement)
In any member of the Commission no longer fulfils the conditions required
for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the European Parliament, the Council or the Commission, compulsorily retire him.
Article 109 (Rules of Procedure)
The Commission shall adopt its Rules of Procedure so as to ensure that
both it and its departments operate in accordance with the provisions of this Constitution. The Commission shall publish these rules in the Official Journal of the European Union.
Article 110 (Political guidance of the President; Commissioner for Foreign Relations)
(1) The Commission shall work under the political guidance of its President, who shall decide on its internal organisation in order to ensure that it acts consistently, efficiently and on the basis of collegiality.
(2) The responsibilities incumbent upon the Commission shall be structured and allocated among its members by its President; when doing so, the President may also establish a hierarchy among the members of the Commission. The President may reshuffle the allocation of those responsibilities and the hierarchy during the Commission's term of office. The members of the Commission shall carry out the duties devolved upon them by the President under his authority.
(3) The President shall appoint two Vice-Presidents from among the members of the Commission. The President of the Commission shall, by accord of the Council, charge one of the Vice-Presidents with the external representation of the Union. He shall bear the title “Commissioner for Foreign Relations”.
(4) A member of the Commission shall resign if the President so requests.
Article 111 (Decision-making)
(1) The Commission shall act by a majority of the number of members.
(2) A meeting of the Commission shall be valid only if the number of members laid down in its Rules of Procedure is present.
Chapter 4. The European Court of Justice
Article 112 (The European Court of Justice; Court of Justice and Court of
First Instance)
The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure as the judicial authority of the Union that in the interpretation and application of this Constitution the law is observed.
Article 113 (Composition of the Court of Justice)
(1) The Court of Justice shall consist of one judge per Member State.
(2) The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice.
(3) The Court of Justice shall form two Grand Chambers to hear and determine actions pursuant to Article 125 paragraph 2 to 3 or Article 130 on grounds of lack of competence of the Union (Chamber on Competences)
and to hear and determine actions pursuant to Article 125 paragraph 4 and
Article 127 paragraph 3 (Fundamental Rights Chamber).
This is without prejudice to the jurisdiction of the Court of First Instance to hear and determine at first instance actions or proceedings referred to in Article 118 paragraph 1.
(4) Exceptionally, when provided for in the Statute, the Court of Justice may also sit as a full Court.
Article 114 (Advocates-General)
(1) The Court of Justice shall be assisted by eight Advocates-General.
Should the Court of Justice so request, the Council may, acting unanimously and with obtaining the assent of the European Parliament, increase the number of Advocates-General.
(2) It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of