As I noted, the test of admissibility is rather expansive. Nonetheless there isn't anything in the treaties that says the Commission would be obliged to adopt an initiative. There is also nothing saying it isn't obliged.
From the wording of the green paper, I'd say the Commission doesn't see itself as obliged to adopt an admisible initiative - it only sees itself as required to give a reasoned response.
Making these binding would force everybody to take notice. In the long run, we're all dead. John Maynard Keynes
Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise.
A text by democracy international (pdf) (google viewer) states the following:
It is imperative that the legal nature of the ECI is initially defined. The ECI allows citizens to ask (or "invite") the Commission to start a legislative process. This wording leaves open the legal nature of the ECI. It has already created some confusion among analysts of ECI regarding the role of the European Commission. It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council. This would not be in line with the Commission's monopoly of legislative initiative and the wording of Art. 11 (4). However according to the majority view of European law experts and the "effet utile" of the ECI, it has a binding nature for the Commission in the sense that it has to take some legislative action on the topic proposed by the ECI. The precondition is that the ECI is declared admissible.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council. This would not be in line with the Commission's monopoly of legislative initiative and the wording of Art. 11 (4). However according to the majority view of European law experts and the "effet utile" of the ECI, it has a binding nature for the Commission in the sense that it has to take some legislative action on the topic proposed by the ECI. The precondition is that the ECI is declared admissible.
I agree with pushing for an obligation of the Commission to initiate legislation on the topic of the initiative and in the sense of the initiative.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council.The text goes on to draw an analogy to the indirect right of initiative of the European Parliament and the Council under the old EC Treaties, which could be used as precedents for the degree to which the Commission would be restricted.
It is quite clear that the ECI is non-binding for the Commission in the sense that it has to submit the ECI proposal unchanged to the Parliament and the Council.
