The Second Version: the 2004 Charter of Fundamental Rights and Explanations, and Extracts from the Constitutional Treaty

• Author: Coghlan, Niall; Steiert, Marc
• Pages: 109-163

TREATY ESTABLISHING

A CONSTITUTION FOREUROPE

16.12.2004 EN Official Journal of the European UnionC 310/1

— 109—

I.2. THE SECOND VERSION: THE 2004 CFREUArts I-2 and I-9 of the Constitutional Treaty

PART I

TITLE I

DEFINITION AND OBJECTIVES OF THE UNION

Article I-1

Establishment of the Union

1.Reflecting the will of the citizens andStates of Europe to build a common future, this

Constitution establishes the European Union, on which the Member States confer competences to

attain objectives they have in common. The Union shall coordinate the policiesby which the

Member States aim to achieve these objectives, and shall exercise on a Community basis the

competences they confer on it.

2.The Union shall be open to all European States which respectits values and are committed to

promoting them together.

Article I-2

The Union's values

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the

rule of law and respect for human rights, includingthe rights of persons belonging to minorities.

These values are common to the Member States in a society in whichpluralism, non-discrimination,

tolerance, justice, solidarity and equality between women and men prevail.

Article I-3

The Union's objectives

1.The Union's aim is to promote peace, its values and the well-being ofits peoples.

2.The Union shall offer its citizens an area of freedom, security and justice withoutinternal

frontiers, and an internal market where competition is free and undistorted.

3.The Union shall work for the sustainable development of Europe based on balanced economic

growth and price stability, a highly competitive social marketeconomy, aiming at full employment

and social progress, and a high level of protection and improvement of the quality of the

environment. It shall promote scientific and technological advance.

It shall combat social exclusion and discrimination, and shall promote social justice and protection,

equality between women and men, solidarity between generations and protection of the rights of the

child.

It shall promote economic, social and territorial cohesion, and solidarity amongMember States.

16.12.2004 EN Official Journal of the European UnionC 310/11

— 110—

I.2. THE SECOND VERSION: THE 2004 CFREUArts I-2 and I-9 of the Constitutional Treaty

Article I-7

Legal personality

The Union shall have legal personality.

Article I-8

The symbols of the Union

The flag of the Union shall be acircle of twelve golden stars on ablue background.

The anthem of the Union shall be based on the ‘Ode to Joy’from the Ninth Symphony by Ludwig van

Beethoven.

The motto of the Union shall be: ‘United in diversity’.

The currency of the Unionshall be the euro.

Europe day shall be celebrated on 9 May throughout the Union.

TITLE II

FUNDAMENTAL RIGHTS AND CITIZENSHIP OF THE UNION

Article I-9

Fundamental rights

1.The Union shall recognise the rights, freedoms and principles set out in the Charter of

Fundamental Rights which constitutes Part II.

2.The Union shall accede to the European Convention for the Protection of Human Rights and

Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the

Constitution.

3.Fundamental rights, as guaranteed by the European Convention for theProtection of

Human Rights and Fundamental Freedoms and as they result from the constitutional traditions

common to the Member States, shall constitute general principles ofthe Union's law.

Article I-10

Citizenship of the Union

1.Every national of a Member Stateshall be a citizenof the Union. Citizenship of theUnion shall

be additional to national citizenship and shall not replaceit.

16.12.2004 EN Official Journal of the European UnionC 310/13

— 111—

I.2. THE SECOND VERSION: THE 2004 CFREUArts I-2 and I-9 of the Constitutional Treaty