Dr. Michael Efler examines the legal possibilities to implement the European Citizens ‘ Initiative below the constitutional level.

 

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Study: European Citizens' Initiative (pdf - 24 Seiten - 404 kB)

 

Executive Summary

The EU has long been criticized for its democratic deficit. Several proposals for overcoming or reducing this deficit have been made. Some of them mention the role of more citizen participation and direct democracy. It was in this spirit that the ECI found its way into the Constitutional Treaty, creating the first tool of transnational participatory/direct democracy. It is aimed to give the Union’s citizens more influence on EU politics while maintaining the institutional balance - especially the initiative monopoly of the European Commission - of the Union. The ECI is binding in that sense that the Commission has to take legislative action once an ECI is admissible. However, it is not obliged to simply pass the unchanged ECI text on to the other institutions. Constitutional/treaty amendments can be proposed by an ECI, but for reasons of clarity, this should be made explicit in the implementing law/regulation. ECIs can also be submitted to influence the CFSP. There are several theoretical options of putting the ECI into practice. Among the reviewed ones only the amendment of the Constitutional Treaty (e.g. in the form of a mini-treaty and the enactment by a regulation) could be recommended. A regulation could and must be based on Art. 308 TEC.

Both options create legally binding forms of implementing the ECI, unlike the self-binding options of an inter-institutional agreement or integration into the rules of procedure of the Commission. This implies that citizen initiatives would have the possibility to seek redress before the ECJ and that binding standards for member states could be set.

The mini-treaty option is preferable compared to regulation. However, if the constitutional deadlock of the Union continues, an ECI-regulation should be enacted.