Commission consultation on citizens initiatives

by Colman
Mon Jan 4th, 2010 at 03:52:44 AM EST

Among the many reductions in democracy introduced n the Lisbon Treaty - along with increased powers for the Parliament and the State Parliaments for example - is a provision for citizens initiatives, which provides 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 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 details of implementation are to be determined by a regulation to be proposed by the Commission and adopted by Parliament and the Council.

The Commission has issued a consultation document on this regulation, with a deadline of the end of this month, asking what would be considered a significant number of member states, how many signatures should be needed from each, what the minimum age for eligibility should be, what requirements should be on the form of an initiative and what regulation and authentication should be imposed on both organizers and Commission examination.

The consultation document (PDF) is here

Anyone interested in putting together a response?


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This sort of initiative isn't part of Irish political practice: what are they good for in real life?
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 03:54:17 AM EST
Well, I can only tell from Switzerland, were they are used regularely. They can be bad, like the Minarett-Initiative or the can be good like the one many years ago that got us a gen-moratorium. A new law, which would have allowed to use gen manipulated plants in nature has been rejected through an initiative, despite Pharma and Agribusiness using huge amounts of money to counter the initiative.
by Fran (fran at eurotrib dot com) on Mon Jan 4th, 2010 at 04:18:57 AM EST
[ Parent ]
Power of the people against power of big business, that is an interesting example.  

We don't have anything like this in Wales, although it is generally easier for citizens and community groups to engage with policy making, but that is an entirely different process.

I wonder if such an initiative would be a way of providing young people especially with a stronger voice?

Ad astra per aspera

by In Wales (inwales aaat eurotrib.com) on Mon Jan 4th, 2010 at 05:10:52 AM EST
[ Parent ]
The experience of California and other US states shows that the initiative process best serves business lobbyists or wealthy organizations who can astroturf their way onto the ballot.

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 05:17:16 AM EST
[ Parent ]
I did wonder about that and whether Fran's example was a rare win for the people or not.  

If people generally were engaged with the issues enough to sign petitions with some level of feeling empowered and informed I could see the initiative process working.  Now we just need to figure out how to manipulate the willingness to get up and vote for reality tv contestants and convert it to a willingness to vote about issues that actually are important...

Ad astra per aspera

by In Wales (inwales aaat eurotrib.com) on Mon Jan 4th, 2010 at 05:30:35 AM EST
[ Parent ]
Now we just need to figure out how to manipulate the willingness to get up and vote for reality tv contestants and convert it to a willingness to vote about issues that actually are important...

I think Sven may be your man...

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 05:32:09 AM EST
[ Parent ]
Which is one of the things that is subject to regulation, possibly.
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 05:54:43 AM EST
[ Parent ]
What specific requirements should be imposed upon the organisers of an initiative in order to ensure transparency and democratic accountability?
Do you agree that organisers should be required to provide information on the support and funding that they have received for an initiative?
by Colman (colman at eurotrib.com) on Mon Jan 4th, 2010 at 05:57:16 AM EST
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
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
[ Parent ]
The great danger of such initiatives is that the high costs of entry - 1 million signatures in several countries is an awful lot and would require serious funds/organisation - perhaps only available to major churches, media groups, business lobbies, and perhaps some political parties with a major pan European base.

On the one hand it is an obviously positive feature of the Treaty in that it could lead to greater popular engagement, and on the other hand it could favour larger established status quo or even reactionary organisations.

The mechanics of collecting the signatures would be important.  Are online petitions like StopBlair acceptable?  Would a mobile phone based X factor style petition be sufficiently secure or too easy to game by phone companies or other well connected interests.  How do you prevent multiple voting /identity theft?  

Would this cheapen the whole process and lead to crazy initiatives - e.g. death penalty in wake of terrorist incident - or be a great way to engage younger and politically indifferent/disaffected people who might not otherwise vote?

On the one hand it would be great if there were innovative mechanisms found to encourage greater participation in policy formulation - e.g. mandating greater CO2 reductions in the run-up to COP16 - but if (say) conservative Churches got together to propose greater restrictions on Sunday trading or public birth control or abortion services, wouldn't we take an entirely different view?  Is it possible to mount a counter-petition to one you disagree with, and, again, would this not favour established organisations?

So the problem as I see it - is to make the process easy enough to engage large numbers - so as not to favour only the well-funded well established major organisations - but at the same time not to trivialise the whole process into some kind of knee-jerk X-factor style reactionary couch potato politics.

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Mon Jan 4th, 2010 at 08:24:10 AM EST
The citizens' initiative comes from the (Giscard) constitutional convention. The key limiting factor is that the Commission's right of initiative is paramount under the community method, therefore regardless how many signatures are collected, the Commission is not obliged to act (and before it did it would still be obliged to carry out impact assessments and the like anyway). Politically, of course, a large number of signatures may compel it to act. But even then, once the Commission presents a proposal as a result of a citizens' initiative, Parliament and Council still have to agree it too.

One role for the citizens' initiative will be to add weight to certain positions in the interinstitutional balance. In particular, to strengthen the position of the EP and Commission vis-à-vis the Council. Where a weight of public opinion in support of a measure can be shown, governments may find it harder to block it in the Council. On the other hand, they may assume that few can distinguish between the institutions, so governments' failure to act may be put down to "Brussels" anyway.

In any case the time taken for legislation to get through the system means that the organisers would need to keep the publicity pressure up for a long time after the signatures are collected if it's not just to fizzle out.

One could imagine a campaign such as Fathers4Justice trying to organise a legislative initiative for example to make it easier to see their children who live in other member states. That might not be a big step beyond the existing Brussels II Regulation, but it would certainly tread on the toes of national governments. So even assuming they got the signatures, got a proposal from the Commission, got support in the EP, they would still need the Council to agree.

Being able to show that 1 (or 2 or 3) million (out of 500 million in the EU) supported them probably isn't going to change a government's minds, unless a large proportion of the signatures are in their country. Therefore to be effective, the signature collectors would need to focus from the outset on the countries where government support for their cause is least likely to be forthcoming.

Whether interest groups and lobbies will see it as a worthwhile tool remains to be seen. Greenpeace, for example, has the resources to gather 0.2% of the population in nine or more member states, but would they see a worthwhile return? It will be interesting to see whether eurosceptic groups try to make use of the initiative, with the aim of generating ill will when their proposals are rejected by the Commission.

by koksapir on Tue Jan 5th, 2010 at 04:39:07 AM EST


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