Presentation on theme: "The European Citizens’ Initiative"— Presentation transcript:
1 The European Citizens’ Initiative Legal frameworkRules and proceduresThe procedure at a glanceCurrent state of playFurther informationCharlotte RiveG.4 – General Institutional IssuesSecretariat-GeneralEuropean Commission
2 - A European citizens’ initiative is an invitation to the European Commission to propose legislation.- It must be in a field where the Commission has the power to propose legislation, for example environment, agriculture, transport, public health, etc.- It has to be backed by at least one million EU citizens, coming from at least 7 out of the 27 Member States.- 1st transnational tool of participatory democracy -> unique opportunity to bring the EU closer to citizens
3 Legal framework Introduced by the Lisbon Treaty (Article 11(4) TUE): 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 24 of the Treaty on the Functioning of the European Union.
4 Legal framework (cont.) Article 24, 1st subparagraph, 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 11 of the Treaty on European Union, including the minimum number of Member States from which such citizens must come.EU Regulation needed:Regulation (EU) No 211/2011 on the citizens’ initiativeAdopted by European Parliament and Council in February 2011 and applicable since 1 April 2012
5 Rules and proceduresCitizens’ committee (at least 7 EU citizens living in at least 7 different Member States) to launch initiative;Registration in Commission’s online register (Commission’s answer within 2 months). ECI should not be:- Manifestly outside the Commission’s powers- Manifestly abusive, frivolous or vexatious- Manifestly contrary to EU valuesIf it is Commission rejects registration
6 Rules and procedures (cont.) Organisers responsible for collection of signaturesCollection possible in paper form and onlineOnline collection: specific security requirements set out in Commission implementing regulation (EU) No 1179/2011Organisers must build their online collection system and get it certified by the competent authority in the Member State where data will be storedCommission has developed open-source software to help organisers build their system
7 Rules and procedures (cont.) Time-limit for collection: 1 yearMinimum number of Member States: ¼ (currently 7)Minimum n° of citizens per Member State: N° of MEPs x 750Any EU citizen old enough to vote in the European Parliament elections (18 except Austria 16) can sign up.Specific statement of support forms to sign up: varying data requirements according to Member State (example for AT and FI)
10 Rules and procedures (cont.) Member States responsible for verification of statements of support: free to decide how (e.g. random checks) - 3 months to answerFinal stage for successful initiatives:- Commission must meet organisers at appropriate level- Public hearing in European Parliament with Commission- Commission has 3 months to respond, explaining its reasons for taking or not taking actionValidation tool developed by COM on the basis of an existing tool developed by the competent authority in Germany.
11 The procedure at a glance Collect statements of support in at least 7 Member StatesYou wish to collect online? Get your system certifiedRegister your initiativeGet statements of support certified by Member StatesIf the Commission decides to follow your initiative. The legislative procedure starts.Prepare your initiative and set up your citizens’ committeeYou have at least one million signatories? Submit your initiative to the CommissionThe Commission examines your initiative and replies
12 Current state of play Initiatives 29 requests for registration: 19 accepted, 5 of which withdrawn but 3 re- registered -> 14 are ongoing, 11 of which collect online8 rejected2 being analysed
14 Current state of play (cont.) Online collectionDifficulties for the first organisers to find affordable host providers to install the software and to provide the required documentation for the certificationExceptional measures taken by the Commission:Temporary and optional platform for hosting the organisers' online collection systemsDirect technical assistance to the organisers, including in the drafting of the necessary documents for the certificationStatements of support accepted until 1 November 2013 for all initiatives registered before 31 October 20129 initiatives currently hosted on the Commission servers (first one started to collect end October).
15 Current state of play (cont.) Origin of organisers:All Member States are represented as Member State of residence or nationality of at least one organiser, except Malta and Latvia.Most represented Member States: France, Spain, the United Kingdom, Germany, Belgium and Italy.The Netherlands, Sweden and Austria also well represented in proportion of their population
16 Current state of play (cont.) Signatories (information as published by the organisers):Right2water: 1,350,000 (thresholds reached in 5 MS)Uno di Noi: 178,000Stop vivisection: 126,000Fraternité Mobility. Progress. Europe.: 60,000“30 km/h - making the streets liveable!": 17,000End ecocide: A Citizens' Initiative to give the Earth Rights: 16,500European initiative for media pluralism: 2,600
18 Current state of play (cont.) In the Member States2 national authorities already certified online collection systems (Centre des Technologies de l'Information de l'Etat in Luxembourg and Bundesamt für Sicherheit in der Informationstechnik – BSI in Germany)No authority has yet been asked to verify statements of support – soon all may be requestedValidation tool to be developed by Commission for interested Member States, on the basis of a tool developed by Germany – funded by ISA programme (Interoperability Solutions for European Public Administrations)
19 Current state of play (cont.) EU Pilot letters sent to 12 Member States asking clarifications on the implementing measures adopted.National implementing provisions to be published on the ECI websiteCommission expert group on the citizens’ initiative
20 Further information: http://ec.europa.eu/citizens-initiative Point of contact for any questions on the citizens’ initiative: Europe Direct