16 European citizens' initiative
| (31169)
16195/09
COM(09) 622
| Commission Green Paper on a European citizens' initiative
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| Legal base | — |
| Document originated | 11 November 2009
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| Deposited in Parliament | 23 November 2009
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 7 December 2009
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
16.1 Article 11(4) of the Treaty on European Union (TEU) creates
a new right. It provides that:
"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".
16.2 The first paragraph of Article 24 of that Treaty
(the TfEU) says:
"The European Parliament and the Council,
acting by means of regulations in accordance with the ordinary
legislative procedure [that is, co-decision between the Council
and the European Parliament and qualified majority voting in the
Council], 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."
16.3 On 7 May 2009, the European Parliament passed
a Resolution requesting the Commission to propose a Regulation
on the implementation of the citizens' initiative.[45]
Attached to the Resolution was an annex making recommendations
about the contents of the Regulation. For example, the European
Parliament recommended that the minimum number of Member States
from which the citizens must come should be a quarter of the Member
States and that the minimum age for a citizen to take part in
the initiative should be the voting age in his or her Member State.
The Green Paper
16.4 With a view to the preparation of the Regulation
to implement Article 11(4) TEU, the Green Paper invites views
by 31 January 2010 on the following ten issues:
- Minimum number of Member States
from which citizens must come — what threshold would be
appropriate? Would one third of the total number of Member States
constitute a "significant number of Member States" as
required by Article 11 (4) TEU?
- Minimum number of signatures per Member State
— again, what threshold would be appropriate? Would 0.2%
of the total population of each the Member States where signatures
are collected be an appropriate threshold?
- Minimum age to take part in an initiative —
should the minimum age be linked to the voting age for the European
Parliament elections in each of the Member States where signatures
are collected? If not, what else would be appropriate?
- Form and wording of a citizens' initiative —
would it be sufficient and appropriate to require that an initiative
should state clearly the subject-matter and objectives of the
proposal on which the Commission is invited to act? What other
requirements, if any, should there be about the wording and form
of an initiative?
- Requirements for the collection and authentication
of signatures — should there be a common set of procedural
requirements for the collection, verification and authentication
of signatures? To what extent (if at all) should a Member State
be able to specify its own requirements on these matters? Are
EU-wide common procedures necessary to ensure that EU citizens
can support a citizens' initiative regardless of their country
of residence? Should citizens be able to support an initiative
online? If so, what security and authentication arrangements should
there be?
- Time limit for the collection of signatures —
should there be a fixed time limit for the collection of signatures?
If there should, would one year be appropriate?
- Registration of proposed initiatives —
should there be a mandatory registration system? If there should,
would it be appropriate for registration to be via a website provided
by the Commission?
- Requirements for organisers — what requirements
should be imposed on the organisers of an initiative in order
to ensure transparency and democratic accountability? Should organisers
be required to provide information about the funding and support
they have received for an initiative?
- Examination of citizens' initiatives by the Commission
— should there be a time-limit on the Commission's examination
of an initiative?
- Repetition of initiatives on the same issue —
should there be rules to prevent repeat initiatives on the same
subject? If there should, should prevention be by disincentives
or time limits?
The Government's view
16.5 In his Explanatory Memorandum of 7 December
2009, the Minister for Europe at the Foreign and Commonwealth
Office (Chris Bryant) tells us that the Government "supports
the broad thrust" of the Green Paper and will send the Commission
its response to the questions.
Conclusion
16.6 There is scope for differences of opinion
about whether the new right of citizens' initiative is a welcome
addition to the democratic process or if it is inconsistent with
the principle of representative government. We shall not rehearse
the arguments because Article 11(4) TEU is now law.
16.7 We welcome the Commission's decision to invite
views on the practical questions posed in the Green Paper before
it drafts the implementing legislation required by Article 24
TfEU. We see no need to keep the document under scrutiny while
the Government prepares its response but we should be grateful
if the Minister would send us a copy when it is ready.
45 See P6_TA(2009)0389. Back
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