PART I
TITLE IX - UNION MEMBERSHIP
ARTICLE I-58
Conditions of eligibility and procedure for accession to the Union
1. The Union shall be open to all European States which respect the values referred
to in Article I–2, and are committed to promoting them together.
2. Any European State which wishes to become a member of the Union shall address
its application to the Council. The European Parliament and national Parliaments
shall be notified of this application. The Council shall act unanimously after
consulting the Commission and after obtaining the consent of the European Parliament,
which shall act by a majority of its component members. The conditions and arrangements
for admission shall be the subject of an agreement between the Member States
and the candidate State. That agreement shall be subject to ratification by
each contracting State, in accordance with its respective constitutional requirements.
ARTICLE I-59
Suspension of certain rights resulting from Union membership
1. On the reasoned initiative of one third of the Member States or the reasoned initiative of the European Parliament or on a proposal from the Commission, the Council may adopt a European decision determining that there is a clear risk of a serious breach by a Member State of the values referred to in Article I-2. The Council shall act by a majority of four fifths of its members after obtaining the consent of the European Parliament.
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, on the initiative of one third of the Member States or on a proposal from the Commission, may adopt a European decision determining the existence of a serious and persistent breach by a Member State of the values mentioned in Article I-2, after inviting the Member State in question to submit its observations. The European Council shall act unanimously after obtaining the consent of the European Parliament.
3. Where a determination under paragraph 2 has been made, the Council, acting
by a qualified majority, may adopt a European decision suspending certain of
the rights deriving from the application of the Constitution to the Member State
in question, including the voting rights of the member of the Council representing
that State. The Council shall take into account the possible consequences of
such a suspension for the rights and obligations of natural and legal persons.
In any case, that State shall continue to be bound by its obligations under
the Constitution.
4. The Council, acting by a qualified majority, may adopt a European decision
varying or revoking measures adopted under paragraph 3 in response to changes
in the situation which led to their being imposed.
5. For the purposes of this Article, the member of the European Council or of
the Council representing the Member State in question shall not take part in
the vote and the Member State in question shall not be counted in the calculation
of the one third or four fifths of Member States referred to in paragraphs 1
and 2. Abstentions by members present in person or represented shall not prevent
the adoption of European decisions referred to in paragraph 2.
For the adoption of the European decisions referred to in paragraphs 3 and 4, a qualified majority shall be defined as at least 72% of the members of the Council, representing the participating Member States, comprising at least 65% of the population of these States.
Where, following a decision to suspend voting rights adopted pursuant to paragraph 3, the Council acts by a qualified majority on the basis of a provision of the Constitution, that qualified majority shall be defined as in the second subparagraph, or, where the Council acts on a proposal from the Commission or from the Union Minister for Foreign Affairs, as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States. In the latter case, a blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
6. For the purposes of this Article, the European Parliament shall act by a two-thirds majority of the votes cast, representing the majority of its component members.
ARTICLE I-60
Voluntary withdrawal from the Union
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council
of its intention. In the light of the guidelines provided by the European Council,
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 negotiated in
accordance with Article III-325(3). It shall be concluded by the Council, acting
by a qualified majority, after obtaining the consent of the European Parliament.
3. The Constitution shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council
or of the Council representing the withdrawing Member State shall not participate
in the discussions of the European Council or Council or in European decisions
concerning it. A qualified majority shall be defined as at least 72% of the
members of the Council, representing the participating Member States, comprising
at least 65% of the population of these States.
5. If a State which has withdrawn from the Union asks to rejoin, its request
shall be subject to the procedure referred to in Article I-58.