Friday, February 07, 2003
The Second Draft (Part 4)

Article 9: Application of fundamental principles

1. The Constitution, and law adopted by Union institutions in exercising competences conferred upon it by the Constitution, shall have primacy over the law of the Member States.

2. In exercising the Union's non-exclusive competences, the Institutions shall apply the principle of subsidiarity as laid down in the Protocol on the application of principles of susidiarity and proportionality annexed to the Constitution. The procedure set out in the Protocol shall enable national parliaments to ensure compliance with the principle of subsidiarity.

3. In exercising the Union's competences, the Institutions shall apply the principle of proportionality as laid down in the same Protocol.

4. Member States shall take all appropriate measures, general or particular, to ensure fulfillment of the obligations of the Constitution or resulting from actions taken by the Union institutions.

5. In accordance with the principle of loyal cooperation, Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the objectives set out in the Constitution. The Union shall act loyally towards the Member States.

6. The Union shall respect the national identities of its Member States, inherent of their fundamental structures and essential State functions, especially their political and constitutional structure, including the organisation of public administration at national, regional and local level.

Article 10: Categories of Competence

1. When the Constitution confers the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union.

2. When the Constitution confers on the Union a competence shared with the Member States in a specific area, the Union and the Member States shall have the power to legislate and adopt legally binding acts in this area. The Member States shall exercise their competence only if and to the extent that the Union has not exercised its.

3. The Union shall have competence to coordinate the economic policies of the Member States.

4. The Union shall have competence to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.

5. In certain areas and in conditions laid down by the Constitution, the Union shall have competence to carry out actions to coordinate, supplement or support the actions of the Member States, without thereby superseding their competence in these areas.

6. The union shall exercise its competences to implement defined in Part Two of the Constitution in accordance with the provisions specific to each area which are there set out.


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