TRETY OF AMSTERDAM
Section I : Freedom, Security and Justice
Section II : The Union and the Citizen
Section III : External Policy
Section IV : The Union's Institutions
Section V : Closer cooperation-"Flexibility"
Section VI: Simplification and consolidation of the
Treaties
FREEDOM, SECURITY AND JUSTICE
CHAPTER 1. FUNDAMENTAL RIGHTS AND NON-DISCRIMINATION
General principles underlying the Union
Amend Article F of the TEU
1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
3. The Union shall respect the national identities of its Member States.
4. The Union shall provide itself with the means necessary to attain its objectives and carry throug its policies.
New fourth paragraph in the Preamble to the TEU
CONFIRMING their attachment to fundamental social rights as defined in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers.
Action in the event of a breach by a Member State of the principles on which the Union is founded
New Article Fa in the TEU
1. The Council, meeting in the composition of the Heads of State or Government and acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of principles mentioned in Article F(1), after inviting the government of the Member State concerned to submit its observations.
2. Where such a determination has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the State in question, including the voting rights of the representative of the Government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
The obligations of the Member State concerned under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 2 in response to changes in the situation which led to their being imposed.
4. For the purposes of this Article, the Council shall act without taking into account the vote of the representative of the Member State concerned. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 1. A qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2) of the Treaty establishing the European Community.
The provisions of this paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 2.
5. For the purposes of this Article, the European Parliament shall act by a two thirds majority of the votes cast, representing a majority of its members.
New Article 236 in the TECfootnote 2 (1)
1. Where a decision has been taken to suspend voting rights of a Member State in accordance with Article Fa(2) of the Treaty on European Union, these voting rights shall also be suspended with regard to this Treaty.
2. Moreover, and where the existence of a serious and persistent breach by a Member State of the principles mentioned in Article F(1) has been determined in accordance with Article Fa(1) of the TEU, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Treaty to the State in question. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.
The obligations of the Member State concerned under this Treaty shall in any case continue to be binding on that State.
3. The Council, acting by a qualified majority,
may decide subsequently to vary or revoke
measures taken in accordance with paragraph 2 in response to
changes in the situation which led to their being imposed.
4. When taking decisions referred to in paragraphs 2 and 3, the Council shall act without taking into account the votes of the representative of the Member State concerned. By way of derogation from Articles 148 and 189a(1), a qualified majority shall be defined as the same proportion of the weighted votes of the members of the Council concerned as laid down in Article 148(2).
The provisions of this paragraph shall also apply in the event of voting rights being suspended in accordance with paragraph 1. In such cases, a decision requiring unanimity shall be taken without the vote of the representative of the Member State concerned.
Respect by any State applying to join the Union for the fundamental principles on which it is founded
Supplement the first sentence of Article O of the TEU
Any European State which respects the principles set out in Article F(1) may apply to become a member of the Union [remainder unchanged].
Status of churches and non confessional organizations
Declaration to the Final Act
The Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States.
The Union will equally respect the status of philosophical and non confessional organizations.
Abolition of the death penalty
Declaration to the Final Act on the abolition of the death penalty
With reference to Article F(2) of the Treaty on European Union, the Conference recalls that Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and which has been signed and ratified by a large majority of Member States, provides for the abolition of the death penalty.
In this context, the Conference notes the fact that since the signature of the above-mentioned Protocol on 28 April 1983, the death penalty has been abolished in most of the Member States of the Union and has not been applied in any of them.
Non discrimination
New Article 6a in the TEC
Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Declaration to the Final Act regarding persons with a disability
The Conference agrees that, in drawing up measures under Article 100a, the institutions of the Community shall take account of the needs of persons with a disability.
Equality of men and women
Supplement Article 2 of the TEC
The Community shall .... promote ... a high level of employment and social protection, equality between men and women, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.
Supplement Article 3 of the TEC with a new paragraph
In all the activities referred to in this Article, the Community shall aim to eliminate inequalities, and to promote equality, between men and women.
Protection of individuals with regard to the processing and free movement of personal data
New Article 213b in the TEC
1. From 1 January 1999, Community 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 set up by, or on the basis of, this Treaty.
2. Before the date referred to in paragraph 1, the Council, acting in accordance with the procedurereferred to in Article 189b, shall establish an independent supervisory body responsible for monitoring the application of such Community acts to Community institutions and bodies and shall adopt any other relevant provisions as appropriate.