Timothy Kirkhope MEP - Leader of the Conservatives in the European Parliament

Praesidium

Article 33: The principle of democratic equality

The Union's operation shall be founded on the principle of the equality of citizens, who shall receive equal attention from the Union's institutions.

Article 33: The principle of democratic equality

The Community's operation shall be founded on the principle of the equality of citizens, who shall receive equal attention from the Community's institutions.

1. Every citizen shall have the right to participate in the democratic life of the Union.

2. The Union institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their opinions on all areas of Union action.

3. The Union institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.

1. Every citizen shall have the right to participate in the democratic life of the Community if this is consistent with the rights they hold in their respective Member States.

2. The Community institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their opinions on all areas of Community action.

3. The Community institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.

Explanation: In the United Kingdom, for example, prisoners do not have the right to vote and the simplifying Treaty should not provide rights which are not already enshrined in national laws.

An Ombudsman shall be appointed to receive, investigate and report on complaints concerning instances of maladministration within the Union institutions.

An Ombudsman shall be appointed to receive, investigate and report on complaints concerning instances of maladministration within the Community institutions.

Political parties at European level contribute to forming a European awareness and to expressing the political will of the citizens of the Union.

National delegations in the European Parliament contribute to the European debate.

Explanation: In order to promote the principle of subsidiarity, Article 35a should refer to national delegations rather than pan-European political groups.

Article 36: Transparency of the proceedings of the Union's institutions

1. In order to promote good governance and ensure the participation of civil society, the Union institutions shall conduct their work as openly as possible.

2. The European Parliament shall meet in public, as shall the Council when it is discussing a legislative proposal.

3. Any citizen of the Union, man or woman, and any natural or legal person residing in a Member State, shall have a right of access to European Parliament, Council and Commission documents in whatever form they are produced, and to those of the agencies and bodies created by those institutions.

4. General principles, conditions and limits which, on grounds of public or private interest, govern the right of access to documents shall be determined by the European Parliament and the Council in accordance with the legislative procedure.

5. Each institution, agency or body referred to in paragraph 2 shall determine in its own Rules of Procedure specific provisions regarding access to its documents.

Article 36: Transparency of the proceedings of the Community's institutions

1. In order to promote good governance and ensure the participation of civil society, the Community institutions shall conduct their work openly, unless there are compelling reasons for the matter to be debated "in camera".

2. The European Parliament shall meet in public, as shall the Council when it is discussing a legislative proposal.

3. Any citizen of the Community, man or woman, and any natural or legal person residing in a Member State, shall have a right of access to European Parliament, Council and Commission documents in whatever form they are produced, and to those of the agencies and bodies created by those institutions.

4. General principles, conditions and limits which, on grounds of public or private interest, govern the right of access to documents shall be determined by the European Parliament and the Council in accordance with the legislative procedure. However, in the interests of accountability, Members of the European Parliament acting in their professional capacity shall have the right to view any Council, Commission or Parliament document.

5. Each institution, agency or body referred to in paragraph 2 shall determine in its own Rules of Procedure specific provisions regarding access to its documents.

Explanation: MEPs, as elected representatives in the European Community, should have the right to access documentation in order to guarantee transparency.

Article 36a: Protection of personal data

1. Everyone has the right to the protection of personal data concerning him or her.

2. The Parliament and the Council, in accordance with the legislative procedure, shall adopt the rules relating to the protection of individuals with regard to the processing of personal data by the Union's institutions and bodies, and by the Member States when carrying out activities which come under the scope of Union law, and the rules relating to the free movement of such data.

Article 36a: Protection of personal data

1. Everyone has the right to the protection of personal data concerning him or her.

2. The Parliament and the Council, in accordance with the legislative procedure, shall adopt the rules relating to the protection of individuals with regard to the processing of personal data by the Community's institutions and bodies, and by the Member States when carrying out activities which come under the scope of Community law, and the rules relating to the free movement of such data.

Article 37: Status of churches and non-confessional organisations

1. The European Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.

2. The European Union equally respects the status of philosophical and non-confessional organisations.

3. The Union shall maintain a regular dialogue with these churches and organisations, recognising their identity and their specific contribution.

Explanation: The status of these organisations should not be a competence of the European Community and in any event the article is unclearly drafted.

The Union shall be open to all European States whose peoples share the values referred to in Article 2, and who respect them and are committed to promoting them together. Accession to the Union implies acceptance of its Constitution.

The Community shall be open to all European States whose peoples share the values referred to in Article 2, and who respect them and are committed to promoting them together. Accession to the Community requires acceptance of its simplifying Treaty through a national referendum.

Explanation: The people of each accession state should approve Community membership through a national referendum unless referenda are expressly prohibited in their constitution.

Any European State which wishes to become a member of the Union may address its application to the Council. The European Parliament and the national parliaments shall be notified of this application. The Council shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members. The conditions and arrangements for admission shall be the subject of an agreement between the Member States and the applicant State. That agreement shall be subject to ratification by all the contracting States, in accordance with their respective constitutional requireme

Any European State which wishes to become a member of the Community may address its application to the Council. The European Parliament and the national parliaments shall be notified of this application. The Council shall act unanimously after receiving the qualified majority assent of the European Parliament. The conditions and arrangements for admission shall be the subject of an agreement between the Member States and the applicant State. That agreement shall be subject to ratification by all the contracting States in national referenda, where permitted by national constitutions.

Explanation: Whilst the Council should consult the Commission about the administrative arrangements for the application process, the decision to open the accession dialogue should be taken by the elected representatives of the Community, not the unelected Commission.

Article 45: Suspension of Union membership rights

1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the Commission, the Council, acting by a majority of four fifths of its members after obtaining the assent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values mentioned in Article 2. Before making such a determination, the Council shall hear the Member State in question and, acting in accordance with the same procedure, may address recommendations to that State.

The Council shall regularly verify that the grounds on which such a determination was made continue to apply.

2. The European Council, 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 values mentioned in Article 2, after inviting the Member State in question to submit its observations.

3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this Constitution to the Member State in question, including the voting rights 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 in question under the Constitution shall in any case continue to be binding on that State.

4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.

5. For the purposes of this Article, the Council shall act without taking into account the vote of the Member State in question. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2.

This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 3.

6. For the purposes of paragraphs 1 and 2, the European Parliament shall act by a two-thirds majority of the votes cast, representing a majority of its Members.

Article 45: Suspension of Community membership rights

1. On a reasoned proposal by one third of the Member States or by the European Parliament, the Council, acting by a majority of four fifths of its members after obtaining the assent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values mentioned in Article 2. Before making such a determination, the Council shall hear the Member State in question and, acting in accordance with the same procedure, may address recommendations to that State.

The Council shall regularly verify that the grounds on which such a determination was made continue to apply.

2. The European Council, acting by unanimity on a proposal by one third of the Member States and after obtaining the assent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of values mentioned in Article 2, after inviting the Member State in question to submit its observations.

3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of this simplifying Treaty to the Member State in question, including the voting rights 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 in question under the simplifying Treaty shall not in any case continue to be binding on that State.

4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.

5. For the purposes of this Article, the Council shall act without taking into account the vote of the Member State in question. Abstentions by members present in person or represented shall not prevent the adoption of decisions referred to in paragraph 2.

This paragraph shall also apply in the event of voting rights being suspended pursuant to paragraph 3.

6. For the purposes of paragraphs 1 and 2, the European Parliament shall act by a two-thirds majority of the votes cast, representing a majority of its Members.

Explanation: A determination of 'a serious breach of the values mentioned in Article 2' should not simply be based on disapproval of any democratically elected government in a nation state.

As the civil service of the Community, the Commission should not have the power to propose the suspension of Community rights. This power should lie with elected politicians.

If Member States are deprived of the right to vote, it is undemocratic for them to be subject to the obligations under the simplifying Treaty.

1. Any Member State may decide to withdraw from the European Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the Council of its intention. Once that notification has been given, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the assent of the European Parliament.

The withdrawing State shall not participate in the Council's discussions or decisions concerning it.

3. This Constitution shall cease to apply to the State in question as from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2.

1. Any Member State may decide to withdraw from the European Community in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the Council of its intention. Once that notification has been given, the Community shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Community. The departing Member State and the Community shall aim to maintain their existing trade links. That agreement shall be concluded on behalf of the Community by the Council, acting by a qualified majority, after obtaining the assent of the European Parliament.

The withdrawing State shall not participate in the Council's discussions or decisions concerning the withdrawal agreement or legislation coming into force 2 years after the notification referred to in paragraph 2.

3. This simplifying Treaty shall cease to apply to the State in question as from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2.

Explanatory note: Departing Member States should be encouraged to maintain their trading links with the Community through membership of appropriate international bodies, such as the European Free Trade Area or the European Economic Area.

The Treaty establishing the European Community of 25 March 1957, the Single Act of 17 February 1986, the Treaty on European Union of 7 February 1992, the Treaty of Amsterdam of 2 October 1997 and the Treaty of Nice of 26 February 2001 shall be repealed as from the date of entry into force of the Constitutional Treaty. The acts and treaties listed in the Annex shall also be repealed.

The Treaty establishing the European Community of 25 March 1957, the Single Act of 17 February 1986, the Treaty on European Union of 7 February 1992, the Treaty of Amsterdam of 2 October 1997 and the Treaty of Nice of 26 February 2001 shall be repealed as from the date of entry into force of the simplifying Treaty. The acts and treaties listed in the Annex shall also be repealed.

The European Union shall succeed to all the rights and obligations of the European Communities and of the Union, whether internal or resulting from international agreements, which arose before the entry into force of the Constitutional Treaty by virtue of previous treaties, protocols and acts, including all the assets and liabilities of the Communities and of the Union, and their archives.

The provisions of the acts of the Institutions of the Union, adopted by virtue of the treaties and acts mentioned in the first paragraph, shall remain in force insofar as they are compatible with the Constitution. The case-law of the Court of Justice of the European Communities shall be maintained as a preferential source of interpretation of the Constitution and acts prior to its entry into force.

The European Community shall succeed to all the rights and obligations of the previous European Communities and of the Union, whether internal or resulting from international agreements, which arose before the entry into force of the simplifying Treaty by virtue of previous treaties, protocols and acts, including all the assets and liabilities of the Communities and of the Union, and their archives.

The provisions of the acts of the Institutions of the Community, adopted by virtue of the treaties and acts mentioned in the first paragraph, shall remain in force insofar as they are compatible with the simplifying Treaty. The case-law of the Court of Justice of the European Communities shall be maintained as a preferential source of interpretation of the simplifying Treaty and acts prior to its entry into force.

Explanation: If the European Union were to revert back to being the European Community (the option presented by the Convention Chairman which I support), the simplifying Treaty would need to differentiate between the previous Community and the new Community.

1. The Constitutional Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, ÷

2. The Constitutional Treaty shall apply to the French overseas departments, the Azores, Madeira and the Canary Islands in accordance with Article ÷ of Part Two.

3. The special arrangements for association set out in Part (Four of the TEC) of the Constitutional Treaty shall apply to the overseas countries and territories listed in (Annex II to the TEC).

The Constitutional 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. The Constitutional Treaty shall apply to the European territories for whose external relations a Member State is responsible.

5. The Constitutional Treaty shall apply to the ≈land Islands in accordance with the provisions set out in Protocol 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

6. Notwithstanding the preceding paragraphs:

(a) the Constitutional Treaty shall not apply to the Faeroe Islands;

(b) the Constitutional Treaty shall not apply to the sovereign base areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus;

(c) the Constitutional 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 set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community, signed on 22 January 1972.

1. The simplifying Treaty shall apply to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, ÷

2. The simplifying Treaty shall apply to the French overseas departments, the Azores, Madeira and the Canary Islands in accordance with Article ÷ of Part Two.

3. The special arrangements for association set out in Part (Four of the TEC) of the simplifying Treaty shall apply to the overseas countries and territories listed in (Annex II to the TEC).

The simplifying 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. The simplifying Treaty shall apply to the European territories for whose external relations a Member State is responsible.

5. The simplifying Treaty shall apply to the ≈land Islands in accordance with the provisions set out in Protocol 2 to the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

6. Notwithstanding the preceding paragraphs:

(a) the simplifying Treaty shall not apply to the Faeroe Islands;

(b) the simplifying Treaty shall not apply to the sovereign base areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus;

(c) the simplifying 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 set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community, signed on 22 January 1972.

The Constitutional 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 Constitutional Treaty.

The simplifying 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 simplifying Treaty.

The protocols annexed to this Treaty shall form an integral part thereof.

The protocols annexed to this Treaty shall form an integral part thereof.

The government of any Member State or the Commission may submit to the Council proposals for the amendment of the Constitutional Treaty. The national Parliaments shall be notified of these proposals.

If the Council, after consulting the European Parliament and, where appropriate, the Commission, delivers an opinion in favour of calling a conference of representatives of the governments of the Member States, the conference shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Constitutional Treaty. The Council of the European Central Bank shall also be consulted in the case of institutional changes in the monetary area.

The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

The government of any Member State or the European Parliament may submit to the Council proposals for the amendment of the simplifying Treaty. The national Parliaments shall be notified of these proposals.

If the Council, after consulting the European Parliament, agrees by unanimity to open the simplifying Treaty for renegotiation, a Convention of representatives from the Member States and the Accession States shall be convened. The Council of the European Central Bank shall also be consulted in the case of institutional changes in the monetary area.

The amendments shall enter into force after being ratified by all the Member States in national referenda, where permitted by national constitutions.

Explanation: As the directly elected institution of the Community, the European Parliament should have the power to propose amendments to the simplifying Treaty to the Council.

1. The Union shall develop a special relationship with its neighbouring States, aiming to establish an area of prosperity and good neighbourliness characterised by close and peaceful relations based on cooperation.

2. For this purpose, the Union may conclude and implement specific agreements with the countries concerned in accordance with of Article X on Part Two of the Constitution. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.

1. TheCommunity shall build upon such special relationships as already exist between Member States and non-Member States, in order to promote prosperity and close and peaceful relations based on cooperation.

2. For this purpose, the Community may conclude and implement specific agreements with the countries concerned in accordance with Article X of Part Two of the simplifying Treaty. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.

Explanation: Member States should draw on their good relations with other parts of the world in order to contribute to prosperity both in the Community and in the world.