[ARTICLE 45]

SINGLE MARKET:

EMPOWERED EUROPEAN PARLIAMENT GIVEN POWERS OVER

FREEDOM OF ESTABLISHMENT (II)

[ARTICLE 45]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title III – Free movement of persons, services and capi= tal, Chapter 2 – Right of establishment, Article 45

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Amendment:<= /o:p>

Clause 2,&n= bsp; page 1, line 12, after ‘excluding’, insert—

‘(i) Article 2, paragraphs 52 to 55, amendments to Articles 44(2), 45 and 47, and inserted Article 48a TEC (TFEU) relating to freedom of establishment; and

(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

53) In Article 45, second paragraph, the words "The Council may, acting by a qualified majority on a proposal from the Commission," shall be replac= ed by "The European Parliament and the Council, acting in accordance with= the ordinary legislative procedure, may". &= nbsp;

Consolidated Treaty Article(s):

“Article 45

The provisions of this chapter shall not apply, so far as any given= Member State is concerned, to activities which in that State are connected, even occasionally, with the exercise of official authority.

The Council may, acting by a qualified majority on a proposal from = the Commission, rule that the provisions of this chapter shall not apply to cer= tain activities.”

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Expl= anation:

The Lisbon Treaty has extended the “ordinary legislative procedure” (co-decision procedure) to this provision. Hence, the Council acting by QMV and the European Parliament may “rule that provisions of this chapter shall not apply to certain activities.” Again, it has assigned a more influential and powerful r= ole to the European Parliament.