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Document 12006M034

Treaty on European Union (consolidated version)
Title VI - Provisions on police and judicial cooperation in criminal matters
Article 34

OJ C 321E, 29.12.2006, p. 26–27 (ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/treaty/teu_2006/art_34/oj

12006M034

Treaty on European Union (consolidated version) - Title VI - Provisions on police and judicial cooperation in criminal matters - Article 34

Official Journal C 321 E , 29/12/2006 P. 0026 - 0027
Official Journal C 325 , 24/12/2002 P. 0024 - Consolidated version
Official Journal C 340 , 10/11/1997 P. 0164 - Consolidated version
Official Journal C 191 , 29/07/1992 P. 0062


Article 34 [3]

1. In the areas referred to in this title, Member States shall inform and consult one another within the Council with a view to coordinating their action. To that end, they shall establish collaboration between the relevant departments of their administrations.

2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may:

(a) adopt common positions defining the approach of the Union to a particular matter;

(b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect;

(c) adopt decisions for any other purpose consistent with the objectives of this title, excluding any approximation of the laws and regulations of the Member States. These decisions shall be binding and shall not entail direct effect; the Council, acting by a qualified majority, shall adopt measures necessary to implement those decisions at the level of the Union;

(d) establish conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. Member States shall begin the procedures applicable within a time limit to be set by the Council.

Unless they provide otherwise, conventions shall, once adopted by at least half of the Member States, enter into force for those Member States. Measures implementing conventions shall be adopted within the Council by a majority of two thirds of the Contracting Parties.

3. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 205(2) of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 232 votes in favour, cast by at least two thirds of the members. When a decision is to be adopted by the Council by a qualified majority, a member of the Council may request verification that the Member States constituting the qualified majority represent at least 62% of the total population of the Union. If that condition is shown not to have been met, the decision in question shall not be adopted.

4. For procedural questions, the Council shall act by a majority of its members.

[3] Article amended by the 2003 Act of Accession. See Appendix at the end of this publication.

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