The citizens’ initiative is one of the novelties of the Treaty of Lisbon, opening up a channel for participation. Today, we look at the legal base, which allows more exact conditions to be set (secondary legislation).
The directly elected European Parliament continues to receive petitions from citizens in matters which affect them directly.
Complaints concerning maladministration can be addressed to the Ombudsman.
In these and in other matters we have the right to address the institutions of the European Union in the treaty language of our choice, and to receive an answer in the same language.
***
In Part Two Non-discrimination and citizenship, the Treaty of Lisbon (ToL) adds a new first paragraph to Article 21 of the Treaty establishing the European Community (TEC), renamed the Treaty on the Functioning of the European Union (TFEU). See OJ 17.12.2007 C 306/52:
37) In Article 21, the following new first paragraph shall be inserted:
‘The European Parliament and the Council, acting by means of regulations in accordance with
the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions
required for a citizens' initiative within the meaning of Article 8 B of the Treaty on European
Union, including the minimum number of Member States from which such citizens must
come.’.
***
The current Article 21 TEC has the following contents (in the latest consolidated version of the TEU and the TEC in OJ 29.12.2006 C 321 E/50-51):
Article 21 TEC
Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194.
Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195.
Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 7 in one of the languages mentioned in Article 314 and have an answer in the same language.
***
The Lisbon Treaty version of Article 21 looks easy to consolidate, but there are three numbers for each amended Article and every Article it refers to, if we want to know ‘everything’. Through the horizontal amendment 2(f) ‘institutions and bodies’ widens to ‘institutions, bodies, offices or agencies’ in the now fourth paragraph, and horizontal amendment 8 regards the Article references in this paragraph:
Article 21 TFEU (ToL), after renumbering Article 24 TFEU
The European Parliament and the Council, acting by means of regulations in accordance with
the ordinary legislative procedure, shall adopt the provisions for the procedures and conditions
required for a citizens' initiative within the meaning of Article 8 B [renumbered Article 11 TEU] of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.
Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194 [TEC and TFEU (ToL), renumbered Article 227 TFEU].
Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195 [TEC and TFEU (ToL), renumbered Article 228 TFEU].
Every citizen of the Union may write to any of the institutions, bodies, offices or agencies referred to in this Article or in Article 9 of the Treaty of European Union [repealed Article 7 TEC, replaced, in substance, by Article 9 TEU, renumbered Article 13 TEU] in one of the languages mentioned in Article 53(1) of the Treaty on European Union [repealed Article 314 TEC, replaced in substance by Article 53(1) TEU, renumbered Article 55(1) TEU] and have an answer in the same language.
***
The substance of an EU citizen’s right to petition the European Parliament, to apply to the Ombudsman and to correspond with the EU institutions in one of the treaty languages is preserved.
You can look for relevant treaty provisions and you can check the Charter of Fundamental Rights of the European Union where these rules are usually mirrored (OJ 14.12.2007 C 303/10):
Right to good administration (Article 41)
Right of access to documents (Article 42)
European Ombudsman (Article 43)
Right to petition (Article 44)
***
Since the citizens’ initiative is the novelty, we are going to follow it more closely.
The new paragraph 1 introduces the legal base for regulations on the modalities for a citizens’ initiative. The ordinary legislative procedure is used.
***
We look at the previous stages concerning the citizens’ initiative.
The European Convention proposed the following new Article I-46(4) of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/20):
Article I-46(4) Draft Constitution
4. No less than one million citizens coming from a significant number of Member States may invite the Commission to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. A European law shall determine the provisions for the specific procedures and conditions required for such a citizens' initiative.
***
This innovation was agreed on and modified by the IGC 2004, and it became part of the Treaty establishing a Constitution for Europe (OJ 16.12.2004 C 310/35):
Article I-47(4) Constitution
4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Constitution. European laws shall determine the provisions for the procedures and conditions required for such a citizens' initiative, including the minimum number of Member States from which such citizens must come.
***
The IGC 2004 seems to have made it still clearer that only ‘Community’ legislation qualifies, thereby leaving politically interesting questions pertaining to treaty reform and intergovernmental areas of cooperation outside the scope of admissible citizens’ initiatives.
The minimum number of initiators’ member states was specifically mentioned as one of the conditions needing provisions.
***
The IGC 2007 took over most of the substance of the Constitution text in Article 8b(4) TEU (ToL), renumbered Article 11(4) TEU, but left it to Article 21 TFEU (ToL), renumbered Article 24 TFEU, to provide the legal base for procedures and conditions.
***
Now for some subjective views:
The citizens’ initiative has been hailed as an achievement in the context of participatory democracy at European Union level. On the other hand, it has been criticized because it only invites the European Commission to submit any proposal as a result.
My preliminary thoughts on the citizens’ initiative is that the Lisbon Treaty introduces a nice sounding ‘democratic’ reform, but that the key question is that the treaty has been drafted to exclude all but the old ‘Community’ areas (first pillar; TFEU).
We can, of course, try to envision areas where sizable lobby groups like trade unions or farmers, perhaps even environmentalists or campaigners against nuclear power might muster the necessary numbers and pan-EU appeal to demand legislation within the Commission’s powers of proposal. It is possible that some questions may give rise to enough passions for ‘ad hoc’ reform coalitions to be formed, if the conditions to be set are lenient.
But the big political questions about the future of the European project seem to have been left by the member states to the member states, not the people.
Treaty reform or dissolution of the EU, as well as foreign, security and defence policy are outside the scope of admissible citizens’ initiatives.
It is therefore possible that this participatory innovation will lead to frustration, when potential campaigners, including the campaigners for the citizens’ initiative itself, are confronted with the restrictions.
Two examples:
If I understand correctly, even politically interesting ‘details’ like the ‘One seat campaign’ would have proven to be inadmissible under the rules to be crafted, since the seats of the institutions along with a myriad of questions have been agreed intergovernmentally, and changing the official seat of the European Parliament would require a unanimous decision at treaty level to change the protocol.
The objective of the ‘Who do I call campaign’ could succeed if the European Council had a unilateral change of heart to enhance democratic legitimacy within the European Union, but a mandatory provision to that effect would require a treaty amendment, again outside the powers of the Commission.
***
A Room of One’s Own is still a distant dream. The citizen of the EU has been given a playpen (an ‘enclosure in which a baby or a young child may play safely’).
Ralf Grahn
Showing posts with label citizens' initiative. Show all posts
Showing posts with label citizens' initiative. Show all posts
Monday, 10 March 2008
Friday, 28 December 2007
EU Treaty of Lisbon: participatory democracy
Representative democracy is the basic rule of EU governance (Article 8a amended TEU), although only partially developed. Citizens’ participation in addition to European and national elections is complementary.
The Convention proposed a new Article on participatory democracy. Much of the contents are codified practice, enshrined in secondary legislation and evolved within the framework of improved governance. Still, giving these practices of information, dialogue and consultation treaty status is an improvement.
***
The citizens at large are mainly offered the possibility to express their opinions, but this at least presupposes that information on legislative proposals and planned actions is freely available.
Representative associations and (organised) civil society is given a somewhat more privileged position, including open, transparent and regular dialogue. Selectivity and means to participate can influence the conduct of such dialogues.
Interestingly, Article 8b(1)-(2) places an obligation on all the EU institutions, although it is difficult to see how the intergovernmental European Council and Council as well as the European Central Bank have acted on or plan to fulfil their obligations. Traditionally, they deal behind closed doors and only report the results after the fact.
Are we going to experience a miracle when the Lisbon Treaty is in force, the Treaty itself being a prime example of how not to communicate?
***
The European Commission has an obligation to consult stakeholders (parties concerned). Since the European Parliament is usually involved as a co-legislator, there are some checks on selectivity and partiality.
The fundamental questions concerning the basic structure of the European Union, the content of the Treaties, resources and expenditure as well as foreign, security and defence policy remain outside the effective reach of the European Commission, the European Parliament, citizens, civil society and “stakeholders”. Intergovernmentalism remains the black hole until later reforms.
***
The real innovation of the Convention was the pan-European citizens’ initiative. It can be seen as a safety valve, giving active groups of citizens the possibility to mobilise in order to demand EU legislation on a certain topic.
One would suppose that the European Commission has at least the obligation to give a reasoned reply, if it has received more than a million signatures from a sufficient number of member states.
At the same time, the citizens’ initiative is severely limited, since it is restricted to questions within the powers of the European Commission. Treaty matters and intergovernmental areas, which actually could mobilise citizens, are excluded.
For instance, the One seat campaign concerning the waste caused by the European Parliament’s regular exoduses to its formal seat in Strasbourg, was not only raised before there was a Treaty clause on citizens’ initiatives. The seats of the institutions have been fought over and decided by the governments of the member states, annexed to the Treaties and subject to veto powers. The Commission has no powers to legislate.
But citizens and NGOs are creative and active. Let us wait and see what they will present as citizens’ initiatives when the Treaty of Lisbon is in force.
***
Drafting history: The draft Treaty of the Convention introduced a new Article I-46 on participative democracy, which with a slightly altered fourth paragraph became Article I-47 of the Constitutional Treaty with the headline The principle of participatory democracy.
In the Lisbon Treaty, the three first paragraphs and the first subparagraph of paragraph 4 of Article 8b have the same wording as the Constitution, except for the fact that the “Commission” is called the “European Commission”.
Article 8b(4) TEU second subparagraph builds on the end of the Constitution Article I-47(4) and concerns the legislative procedures and conditions required for a citizens’ initiative, referring to Article 21 TFEU.
***
The Treaty of Lisbon (OJ 17.12.2007, C 306/1) introduces a new Article 8b:
Article 8b
1. The institutions shall by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.
3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.
4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.
The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 21 of the Treaty on the Functioning of the European Union.
***
The following look at the Treaty of Lisbon is going to concern the role of National Parliaments.
Ralf Grahn
The Convention proposed a new Article on participatory democracy. Much of the contents are codified practice, enshrined in secondary legislation and evolved within the framework of improved governance. Still, giving these practices of information, dialogue and consultation treaty status is an improvement.
***
The citizens at large are mainly offered the possibility to express their opinions, but this at least presupposes that information on legislative proposals and planned actions is freely available.
Representative associations and (organised) civil society is given a somewhat more privileged position, including open, transparent and regular dialogue. Selectivity and means to participate can influence the conduct of such dialogues.
Interestingly, Article 8b(1)-(2) places an obligation on all the EU institutions, although it is difficult to see how the intergovernmental European Council and Council as well as the European Central Bank have acted on or plan to fulfil their obligations. Traditionally, they deal behind closed doors and only report the results after the fact.
Are we going to experience a miracle when the Lisbon Treaty is in force, the Treaty itself being a prime example of how not to communicate?
***
The European Commission has an obligation to consult stakeholders (parties concerned). Since the European Parliament is usually involved as a co-legislator, there are some checks on selectivity and partiality.
The fundamental questions concerning the basic structure of the European Union, the content of the Treaties, resources and expenditure as well as foreign, security and defence policy remain outside the effective reach of the European Commission, the European Parliament, citizens, civil society and “stakeholders”. Intergovernmentalism remains the black hole until later reforms.
***
The real innovation of the Convention was the pan-European citizens’ initiative. It can be seen as a safety valve, giving active groups of citizens the possibility to mobilise in order to demand EU legislation on a certain topic.
One would suppose that the European Commission has at least the obligation to give a reasoned reply, if it has received more than a million signatures from a sufficient number of member states.
At the same time, the citizens’ initiative is severely limited, since it is restricted to questions within the powers of the European Commission. Treaty matters and intergovernmental areas, which actually could mobilise citizens, are excluded.
For instance, the One seat campaign concerning the waste caused by the European Parliament’s regular exoduses to its formal seat in Strasbourg, was not only raised before there was a Treaty clause on citizens’ initiatives. The seats of the institutions have been fought over and decided by the governments of the member states, annexed to the Treaties and subject to veto powers. The Commission has no powers to legislate.
But citizens and NGOs are creative and active. Let us wait and see what they will present as citizens’ initiatives when the Treaty of Lisbon is in force.
***
Drafting history: The draft Treaty of the Convention introduced a new Article I-46 on participative democracy, which with a slightly altered fourth paragraph became Article I-47 of the Constitutional Treaty with the headline The principle of participatory democracy.
In the Lisbon Treaty, the three first paragraphs and the first subparagraph of paragraph 4 of Article 8b have the same wording as the Constitution, except for the fact that the “Commission” is called the “European Commission”.
Article 8b(4) TEU second subparagraph builds on the end of the Constitution Article I-47(4) and concerns the legislative procedures and conditions required for a citizens’ initiative, referring to Article 21 TFEU.
***
The Treaty of Lisbon (OJ 17.12.2007, C 306/1) introduces a new Article 8b:
Article 8b
1. The institutions shall by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.
3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union’s actions are coherent and transparent.
4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.
The procedures and conditions required for such a citizens’ initiative shall be determined in accordance with the first paragraph of Article 21 of the Treaty on the Functioning of the European Union.
***
The following look at the Treaty of Lisbon is going to concern the role of National Parliaments.
Ralf Grahn
Subscribe to:
Posts (Atom)
Subscribe To Grahnlaw
Posts
All Comments
