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This isn't the same as the Swiss example, I don't think: it's an "invitation" to the Commission to originate legislation which would then pass through the normal process of EU legislation. I'm not certain to what extent the Commission could refuse the invitation ...
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 05:59:19 AM EST
[ Parent ]
Supposedly they couldn't. It would be treaty-bound to produce a draft directive or a regulation.

However, it is entirely possible (I'd even say highly likely) that popular initiatives would ask the Commission to legislate on things it's not allowed to by the Treaties.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Mon Jan 4th, 2010 at 06:21:18 AM EST
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Good to have the legal basis spelled out:

Article 11 paragraph 4 Treaty on European Union:

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.


(my bold)

Article 24 Treaty on the Functioning of the European Union:

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.

Little procedural matters have been arranged so far, but we have three limiting requirements (has to be within the framework of the powers of the Commission, has to call for a legal act and has to serve the purpose of implementing the treaties. Concretely that last step means that the legal act has to not only accord to the powers attributed to the EU but also needs to serve the objectives spelled out in the treaties. That step is important for how you'd formulate an initiative. The 'appropriate' qualifier most likely will not go beyond that test.
by nanne (zwaerdenmaecker@gmail.com) on Mon Jan 4th, 2010 at 08:21:16 AM EST
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This whole citizen initiative process will backfire on the EU if the first few attempts which are successful in collecting 1 million signatures are then dismissed on the grounds that they ask for things that the Commission cannot do according to the treaties.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Mon Jan 4th, 2010 at 08:38:58 AM EST
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They need a process for pre-approval or something. An advice service.
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 08:44:12 AM EST
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Say, after a petition achieves 100 thousand signatures by some "informal method" the Commission provides legal advice and centralizes signature collection?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Mon Jan 4th, 2010 at 08:46:44 AM EST
[ Parent ]
Something like that.
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 08:47:36 AM EST
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I don't think so. As Frank indicates, it will take a lot of organising power in order to get such an initiative off the ground as I expect some difficult distribution among the 27 Member States, only certified written signatures allowed, etcetera. This means that only the currently already networked civil society and lobbies will be able to use the instrument (or rich folks who'd want to waste some money). Those folks will have a legal affairs department look at it before they launch anything.
by nanne (zwaerdenmaecker@gmail.com) on Mon Jan 4th, 2010 at 08:47:40 AM EST
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Page 8 of the consultation document discusses on-line collection of signatures.
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 08:54:20 AM EST
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I don't know whether the One-Seat campaign to move the European Parliament to Brussels has reached 1 million signatures yet, but it must be closed. In any case, that would be a prime example of something that the Commission cannot do anything about since it is written into the Treaties, but it must be the first EU-wide petition to reach the 1 million mark.

I wouldn't be so sure that there wouldn't be others.

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma

by Migeru (migeru at eurotrib dot com) on Mon Jan 4th, 2010 at 09:44:08 AM EST
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