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oops forgot the #REDIRECT sorry :) Tag: New redirect |
one should either link to all parts of the treaty, or to none. Someone could either add the missing CELEXES, or remove all but the main (12012E, pointing to the Treaty). |
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{{Short description|1957 treaty of the European Union}}
{{more citations needed|date = March 2013}}
{{Use dmy dates|date=May 2018}}
{{Infobox Treaty
| name = Treaty on the Functioning of the European Union
| long_name =
| image = Tratado de Lisboa 13 12 2007 (04).jpg
| image_width =
| caption = The signing ceremony of the Treaty of Lisbon on 13 December 2007 which gave the TFEU its current name
| type = Founding treaty
| date_drafted =
| date_signed = 25 March 1957
| location_signed = [[Capitoline Hill]] in [[Rome]], [[Italy]]
| date_sealed =
| date_effective = 1 January 1958 (1 December 2009 under its current name)
| condition_effective =
| date_expiration =
| signatories =
| parties = [[Member state of the European Union|EU member states]]
| ratifiers =
| depositor = Government of Italy
| language =
| languages =
| wikisource = Consolidated version of the Treaty on the Functioning of the European Union
}}
{{Politics of the European Union}}
The '''Treaty on the Functioning of the European Union''' ('''TFEU''') is one of two treaties forming the [[Treaties of the European Union|constitutional basis]] of the [[European Union]] (EU), the other being the [[Treaty on European Union]] (TEU). It was previously known as the Treaty Establishing the European Community (TEC).<ref>{{Cite book|title=The Government and Politics of the European Union|last=Nugent|first=Nigel|publisher=[[Red Globe Press]]|year=2017}}</ref>
The Treaty originated as the [[Treaty of Rome]] (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the [[European Economic Community]] (EEC), the best-known of the [[European Communities]] (EC). It was signed on 25 March 1957 by [[Belgium]], [[French Fourth Republic|France]], [[Italy]], [[Luxembourg]], the [[Netherlands]] and [[West Germany]] and came into force on 1 January 1958. It remains one of the [[Treaties of the European Union|two most important treaties]] in the modern-day [[European Union]] (EU).
Its name has been amended twice since 1957. The [[Maastricht Treaty]] of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the [[Treaty of Lisbon]] renamed it the "Treaty on the Functioning of the European Union".
Following the 2005 referendums, which saw the failed attempt at launching a [[Treaty establishing a Constitution for Europe|European Constitution]], on 13 December 2007 the Lisbon Treaty was signed. This saw the 'TEC' renamed as the Treaty on the Functioning of the European Union (TFEU) and, once again, renumbered. The Lisbon reforms resulted in the merging of the three pillars into the reformed European Union.<ref name="presconcl">{{cite news|url = http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ec/94932.pdf|format=PDF|publisher = [[Council of the European Union]]|title = Presidency Conclusions Brussels European Council 21/22 June 2007|date = 23 June 2007}}</ref>
In March 2011, the [[European Council]] adopted a decision to amend the Treaty by adding a new paragraph to Article 136. The additional paragraph, which enables the establishment of a [[European Stability Mechanism|financial stability mechanism]] for the [[Eurozone]], runs as follows:
{{blockquote|The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.
<ref>{{Cite journal|last=De Witte|first=Bruno|title=The European Treaty Amendment for the Creation of a Financial Stability Mechanism|url=https://www.sieps.se/en/publications/2011/the-european-treaty-amendment-for-the-creation-of-a-financial-stability-mechanism-20116epa/Sieps_2011_6epa.pdf|journal=European Policy Analysis|volume=2011|issue=6|date=2011|publisher=Swedish Institute for European Policy Studies (SIEPS)|access-date=26 August 2024}}</ref>}}
==Present contents==
The consolidated TFEU consists of seven parts:
===Part 1, Principles===
In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of religious, philosophical and non-confessional organisations under national law.<ref name="TFEU consolidated">{{CELEX|12012E|text=Treaty on the Functioning of the European Union}}</ref>
===Part 2, Non-discrimination and citizenship of the Union===
The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the council with the consent of 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". Articles 20 to 24 establishes [[Citizenship of the European Union|EU citizenship]] and accords rights to it; to free movement, [[Consulate#Consulates and embassies|consular]] protection from other states, vote and stand in [[Local election|local and]] [[Elections in the European Union|European elections]], right to petition Parliament and the [[European Ombudsman]] and to contact and receive a reply from EU institutions in their own language. Article 25 requires the commission to report on the implementation of these rights every three years.<ref name="TFEU consolidated"/>
===Part 3, Union policies and internal actions===
Part 3 is the largest in the TFEU. Articles 26 to 197 concern the substantive policies and actions of the EU.
====Title I: Internal market====
====Title II: Free movement of goods====
Including the [[European Union Customs Union|customs union]]
====Title III: Agriculture and Fisheries====
[[Common Agricultural Policy]] and [[Common Fisheries Policy]]
====Title IV: Free movement of workers, services and capital====
{{Further|European Union law#Capital}}
Title IV concerns [[Four Freedoms (European Union)|free movement of people, services and capital]]:
*Chapter 1: Workers (articles 45–48, ex articles 39–42 TEC), including the right to move freely in order to "accept [an] offer of [[employment]] actually made<ref>{{CELEX|12012E045|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE IV: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL - Chapter 1: Workers - Article 45 (ex Article 39 TEC)}}</ref>
*Chapter 2: Right of Establishment (articles 49–55), including the right to take up and pursue activities as [a] self-employed person<ref>{{CELEX|12012E049|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE IV: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL - Chapter 2: Right of establishment - Article 49 (ex Article 43 TEC)}}</ref>
*Chapter 3: Services (articles 56–62)<ref>{{CELEX|12012E056|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE IV: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL - Chapter 3: Services - Article 56 (ex Article 49 TEC)}}</ref>
*Chapter 4: Capital and Payments (articles 63–66), including free movement of "capital between member states and between member states and third countries".<ref>{{CELEX|12012E063|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE IV: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL - Chapter 4: Capital and payments - Article 63 (ex Article 56 TEC)}}</ref>
====Title V: Area of freedom, justice and security====
Including police and justice co-operation
====Title VI: Transport====
====Title VII: Common Rules on Competition, Taxation and Approximation of Laws====
[[European Union competition law]], taxation and harmonisation of regulations (note [[Article 101 of the Treaty on the Functioning of the European Union|Article 101]] and [[Article 102 of the Treaty on the Functioning of the European Union|Article 102]])
====Title VIII: Economic and monetary policy====
Articles 119 to 144 concern economic and [[European Central Bank|monetary policy]], including articles on the euro. ''Chapter 1: Economic policy - Article 122'' deals with unforeseen problems in the supply chain and "severe difficulties caused by natural disasters or exceptional occurrences beyond its control"<ref>{{CELEX|12012E122|text=Consolidated version of the Treaty on the Functioning of the European Union PART THREE - UNION POLICIES AND INTERNAL ACTIONS TITLE VIII - ECONOMIC AND MONETARY POLICY Chapter 1 - Economic policy Article 122 (ex Article 100 TEC)}}</ref><ref name="aepaz">{{cite news |last1=Evans-Pritchard |first1=Ambrose |title=EU threatens war-time occupation of vaccine makers as AstraZeneca crisis spirals |url=https://www.telegraph.co.uk/business/2021/01/29/eu-threatens-war-time-occupation-vaccine-makers-crisis-spirals/ |publisher=Telegraph Media Group Limited |date=29 January 2021}}</ref> ''Chapter 1: Economic policy – Article 126'' deals with how excessive member state [[government debt|debt]] is handled.<ref>{{CELEX|12012E126|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE VIII: ECONOMIC AND MONETARY POLICY - Chapter 1: Economic policy - Article 126 (ex Article 104 TEC)}}</ref> ''Chapter 2: Monetary policy – Article 127'' outlines that the [[European System of Central Banks]] should maintain price stability and work with the principles of an open markets and free competition.<ref>{{CELEX|12012E127|text=Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE VIII: ECONOMIC AND MONETARY POLICY - Chapter 2: Monetary policy - Article 127 (ex Article 105 TEC)}}</ref> The ''Article 140'' describes the criteria for inclusion in monetary union (the euro) or having exception from it, and also says that it is a majority of the council, not the state alone, which decides upon usage of euro or national currency. Thereby are states obliged (except UK and Denmark) to introduce the euro if the council finds they fulfil the criteria.
====Titles IX to XV: Employment, social and consumer policy====
{{main|European labour law|European consumer law}}
Title IX concerns employment policy, under articles 145–150. Title X concerns social policy, and with reference to the [[European Social Charter 1961]] and the [[Community Charter of the Fundamental Social Rights of Workers 1989]]. This gives rise to the weight of [[European labour law]].
Title XI establishes the [[European Social Fund]] under articles 162–164. Title XII, articles 165 and 166 concern education, vocational training, youth and sport policies. Title XIII concerns culture, in article 167. Title XIV allows measures for public health, under article 168. Title XV empowers the EU to act for [[consumer protection]], in article 169.
====Titles XVI to XXIV: Networks, industry, environment, energy, other====
Title XVI, articles 170–172 empower action to develop and integrate [[Trans-European Networks]]. Title XVII, article 173, regards the EU's industrial policy, to promote industry. Title XVIII, articles 174 to 178 concern economic, social and territorial cohesion (reducing disparities in development). Title XIX concerns research and development and space policy, under which the [[European Research Area]] and [[European Space Policy]] are developed.
Title XX concerns the increasingly important environmental policy, allowing action under articles 191 to 193. Title XXI, article 194, establishes the [[Energy policy of the European Union]].
Title XXII, article 195 is tourism. Title XXIII, article 196 is civil protection. Title XXIV, article 197 is administrative co-operation.
===Part 4, Association of the overseas countries and territories===
Part 4, in articles 198 to 204, deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annexe 2. The following articles elaborate on the form of association such as customs duties.<ref name="TFEU consolidated"/>
===Part 5, External action by the Union===
Part 5, in articles 205 to 222, deals with [[Common Foreign and Security Policy|EU foreign policy]]. Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish the [[common commercial (external trade) policy of the EU]]. Articles 208 to 214 deal with co-operation on development and humanitarian aid for third countries. Article 215 deals with [[International sanctions|sanctions]] while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate co-operation with other international organisations and article 221 establishes the [[List of diplomatic missions of the European Union|EU delegations]]. Article 222, the ''Solidarity clause'' states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force.<ref name="TFEU consolidated"/>
===Part 6, Institutional and financial provisions===
Part 6, in articles 223 to 334, elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of [[Legislature of the European Union|legislative acts and procedures of the EU]]. Articles 300 to 309 establish the [[European Economic and Social Committee]], the [[Committee of the Regions]] and the [[European Investment Bank]]. Articles 310 to 325 outline the [[Budget of the European Union|EU budget]]. Finally, articles 326 to 334 establishes provision for [[enhanced co-operation]].<ref name="TFEU consolidated"/>
===Part 7, General and final provisions===
Part 7, in articles 335 to 358, deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the effect on treaties signed before 1958 or the date of accession.<ref name="TFEU consolidated"/>
==See also==
* [[Berlin Declaration (2007)]]
* [[Four Freedoms (European Union)]]
==References==
{{Reflist}}
{{EU treaties and declarations|date=June 2008}}
{{Authority control}}
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[[Category:Treaty on the Functioning of the European Union| ]]
[[Category:Treaties concluded in 1957]]
[[Category:Treaties entered into force in 1958]]
[[Category:Euro]]
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