ARTICLE IV-437
Repeal of earlier Treaties
1. This Treaty establishing a Constitution for Europe shall repeal the Treaty establishing the European Community, the Treaty on European Union and, under the conditions laid down in the Protocol on the acts and treaties having supplemented or amended the Treaty establishing the European Community and the Treaty on European Union, the acts and treaties which have supplemented or amended them, subject to paragraph 2 of this Article.
2. The Treaties on the Accession:
(a) of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain
and Northern Ireland;
(b) of the Hellenic Republic;
(c) of the Kingdom of Spain and the Portuguese Republic;
(d) of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,
and
(e) of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic,
shall be repealed.
Nevertheless:
– the provisions of the Treaties referred to in points (a) to (d) and
set out or referred to in the Protocol on the Treaties and Acts of Accession
of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and
Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the
Portuguese Republic, and of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden shall remain in force and their legal effects shall
be preserved in accordance with that Protocol,
– the provisions of the Treaty referred to in point (e) and which are
set out or referred to in the Protocol on the Treaty and Act of Accession of
the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic
of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
shall remain in force and their legal effects shall be preserved in accordance
with that Protocol.
ARTICLE IV-438
Succession and legal continuity
1. The European Union established by this Treaty shall be the successor to the European Union established by the Treaty on European Union and to the European Community.
2. Until new provisions have been adopted in implementation of this Treaty or
until the end of their term of office, the institutions, bodies, offices and
agencies existing on the date of the entry into force of this Treaty shall,
subject to Article IV-439, exercise their powers within the meaning of this
Treaty in their composition on that date.
3. The acts of the institutions, bodies, offices and agencies adopted on the
basis of the treaties and acts repealed by Article IV-437 shall remain in force.
Their legal effects shall be preserved until those acts are repealed, annulled
or amended in implementation of this Treaty. The same shall apply to agreements
concluded between Member States on the basis of the treaties and acts repealed
by Article IV-437.
The other components of the acquis of the Community and of the Union existing
at the time of the entry into force of this Treaty, in particular the interinstitutional
agreements, decisions and agreements arrived at by the Representatives of the
Governments of the Member States, meeting within the Council, the agreements
concluded by the Member States on the functioning of the Union or of the Community
or linked to action by the Union or by the Community, the declarations, including
those made in the context of intergovernmental conferences, as well as the resolutions
or other positions adopted by the European Council or the Council and those
relating to the Union or to the Community adopted by common accord by the Member
States, shall also be preserved until they have been deleted or amended.
4. The case law of the Court of Justice of the European Communities and of the Court of First Instance on the interpretation and application of the treaties and acts repealed by Article IV-437, as well as of the acts and conventions adopted for their application, shall remain, mutatis mutandis, the source of interpretation of Union law and in particular of the comparable provisions of the Constitution.
5. Continuity in administrative and legal procedures commenced prior to the
date of entry into force of this Treaty shall be ensured in compliance with
the Constitution. The institutions, bodies, offices and agencies responsible
for those procedures shall take all appropriate measures to that effect.
ARTICLE IV-439
Transitional provisions relating to certain institutions
The transitional provisions relating to the composition of the European Parliament, to the definition of a qualified majority in the European Council and in the Council, including those cases where not all members of the European Council or Council vote, and to the composition of the Commission, including the Union Minister for Foreign Affairs, shall be laid down in the Protocol on the transitional provisions relating to the institutions and bodies of the Union.
ARTICLE IV-440
Scope
1. This Treaty shall apply to the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
2. This Treaty shall apply to Guadeloupe, French Guiana, Martinique, Réunion,
the Azores, Madeira and the Canary Islands in accordance with Article III-424.
3. The special arrangements for association set out in Title IV of Part III
shall apply to the overseas countries and territories listed in Annex II.
This Treaty shall not apply to overseas countries and territories having special
relations with the United Kingdom of Great Britain and Northern Ireland which
are not included in that list.
4. This Treaty shall apply to the European territories for whose external relations
a Member State is responsible.
5. This Treaty shall apply to the Åland Islands with the derogations which originally appeared in the Treaty referred to in Article IV-437(2)(d) and which have been incorporated in Section 5 of Title V of the Protocol on the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic, of the Kingdom of Spain and the Portuguese Republic, and of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.
6. Notwithstanding paragraphs 1 to 5:
(a) this Treaty shall not apply to the Faeroe Islands;
(b) this Treaty shall apply to Akrotiri and Dhekelia, the sovereign base areas
of the United Kingdom of Great Britain and Northern Ireland in Cyprus, only
to the extent necessary to ensure the implementation of the arrangements originally
provided for in the Protocol on the Sovereign Base Areas of the United Kingdom
of Great Britain and Northern Ireland in Cyprus, annexed to the Act of Accession
which is an integral part of the Treaty referred to in Article IV-437(2)(e),
and which have been incorporated in Title III of Part II of the Protocol on
the Treaty and Act of Accession of the Czech Republic, the Republic of Estonia,
the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic
of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic;
(c) this Treaty shall apply to the Channel Islands and the Isle of Man only
to the extent necessary to ensure the implementation of the arrangements for
those islands originally set out in the Treaty referred to in Article IV-437(2)(a),
and which have been incorporated in Section 3 of Title II of the Protocol on
the Treaties and Acts of Accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland, of the Hellenic Republic,
of the Kingdom of Spain and the Portuguese Republic, and of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden.
7. The European Council may, on the initiative of the Member State concerned, adopt a European decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 2 and 3. The European Council shall act unanimously after consulting the Commission.
ARTICLE IV-441
Regional unions
This Treaty shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of the said Treaty.
ARTICLE IV-442
Protocols and Annexes
The Protocols and Annexes to this Treaty shall form an integral part thereof.
ARTICLE IV-443
Ordinary revision procedure
1. The government of any Member State, the European Parliament or the Commission
may submit to the Council proposals for the amendment of this Treaty. These
proposals shall be submitted to the European Council by the Council and the
national Parliaments shall be notified.
2. If the European Council, after consulting the European Parliament and the
Commission, adopts by a simple majority a decision in favour of examining the
proposed amendments, the President of the European Council shall convene a Convention
composed of representatives of the national Parliaments, of the Heads of State
or Government of the Member States, of the European Parliament and of the Commission.
The European Central Bank shall also be consulted in the case of institutional
changes in the monetary area. The Convention shall examine the proposals for
amendments and shall adopt by consensus a recommendation to a conference of
representatives of the governments of the Member States as provided for in paragraph
3.
The European Council may decide by a simple majority, after obtaining the consent
of the European Parliament, not to convene a Convention should this not be justified
by the extent of the proposed amendments. In the latter case, the European Council
shall define the terms of reference for a conference of representatives of the
governments of the Member States.
3. A conference of representatives of the governments of the Member States shall
be convened by the President of the Council for the purpose of determining by
common accord the amendments to be made to this Treaty.
The amendments shall enter into force after being ratified by all the Member
States in accordance with their respective constitutional requirements.
4. If, two years after the signature of the treaty amending this Treaty, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.
ARTICLE IV-444
Simplified revision procedure
1. Where Part III provides for the Council to act by unanimity in a given area
or case, the European Council may adopt a European decision authorising the
Council to act by a qualified majority in that area or in that case.
This paragraph shall not apply to decisions with military implications or those
in the area of defence.
2. Where Part III provides for European laws and framework laws to be adopted
by the Council in accordance with a special legislative procedure, the European
Council may adopt a European decision allowing for the adoption of such European
laws or framework laws in accordance with the ordinary legislative procedure.
3. Any initiative taken by the European Council on the basis of paragraphs 1
or 2 shall be notified to the national Parliaments. If a national Parliament
makes known its opposition within six months of the date of such notification,
the European decision referred to in paragraphs 1 or 2 shall not be adopted.
In the absence of opposition, the European Council may adopt the decision.
For the adoption of the European decisions referred to in paragraphs 1 and 2, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.
ARTICLE IV-445
Simplified revision procedure concerning internal Union policies and action
1. The Government of any Member State, the European Parliament or the Commission
may submit to the European Council proposals for revising all or part of the
provisions of Title III of Part III on the internal policies and action of the
Union.
2. The European Council may adopt a European decision amending all or part of
the provisions of Title III of Part III. The European Council shall act by unanimity
after consulting the European Parliament and the Commission, and the European
Central Bank in the case of institutional changes in the monetary area.
Such a European decision shall not come into force until it has been approved
by the Member States in accordance with their respective constitutional requirements.
3. The European decision referred to in paragraph 2 shall not increase the competences
conferred on the Union in this Treaty.
ARTICLE IV-446
Duration
This Treaty is concluded for an unlimited period.
ARTICLE IV-447
Ratification and entry into force
1. This Treaty shall be ratified by the High Contracting Parties in accordance
with their respective constitutional requirements. The instruments of ratification
shall be deposited with the Government of the Italian Republic.
2. This Treaty shall enter into force on 1 November 2006, provided that all
the instruments of ratification have been deposited, or, failing that, on the
first day of the second month following the deposit of the instrument of ratification
by the last signatory State to take this step.
ARTICLE IV-448
Authentic texts and translations
1. This Treaty, drawn up in a single original in the Czech, Danish, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish
languages, the texts in each of these languages being equally authentic, shall
be deposited in the archives of the Government of the Italian Republic, which
will transmit a certified copy to each of the governments of the other signatory
States.
2. This Treaty may also be translated into any other languages as determined
by Member States among those which, in accordance with their constitutional
order, enjoy official status in all or part of their territory. A certified
copy of such translations shall be provided by the Member States concerned to
be deposited in the archives of the Council.
IN WITNESS WHEREOF, the undersigned plenipotentiaries have signed this Treaty.