Aspects on Involvement of Citizens in the Decision-Making Process of the European Institutions

• Author: Adrian Susuianu, Florina Ramona Preda (Muresan)
• Pages: 37-53

ISSN: 2067 – 9211 Legal Sciences in the New Millennium

37

Aspects on Involvement of Citizens in the Decision-Making Process of the

European Institutions

Adrian uuianu,1 Florina Ramona Preda (Mureșan)2

Abstract: This work presents outline relevant issues concerning the real involvement of citizens in the

decision-making pr ocess of the European institutions as well as t he control exercised by the European

Ombudsman. Institutional development of the EU, increasing the level of integration and awareness of the

European identity s trengthened significantly b y the introduction of Eur opean citizenship by the Maastricht

Treaty of 1993 have prompted both the European institutions and the European political environment the

need to involve European citizens in making decision and creating the premises for a well-defined decisional

transparency. The establishment of the European Ombudsman, a body with the role of investigating

complaints by citizens of Member States or residents of the European Union or by associations and

undertakings based in the European Union for maladministration by the institutions and bodies of the

European Union, in addition to the fact that it i s interested in the citizen’s perception of the administrative

decisions taken by the European institutions and gives the citizens of the Member States the possibility of

exercising control over these decisions, regardless of whether these decisions have an economic or political

impact on the citizens.

Keywords: European citizenship; the decision-making process; European Ombudsman; People’s Lawyer

1. General Aspects on European Citi zenship, Rights and Obligations Set Forth by

European Union Treaties

Involvement or participation of citizens in the administrative act, in making administrative decisions at

both local public administration level and central or European level, is of paramount importance for

the administrative system and the civil society. The local, regional or European elected representatives

should represent citizens, as their decisions have an impact on the entire daily activity of citizens.

Citizens’ involvement in the activities of the Union’s institutions is achieved either by accurately

informing them on the activities conducted by the institutions as well as on their policies or by

consulting citizens with regards to questions of interest of them. An efficient government may only be

achieved with the citizens’ support. The European Union has been numerous times accused of not

being sufficiently transparent in relation to adopting decisions or to their institutional activity. In order

to improve this aspect, various campaigns of informing and raising European identity a wareness or

different programmes supported by European funds have been conducted. The official websites of the

European institutions provide information of interest to citizens in real time. The Official Journal of

the European Union facilitates the access to the European Union law to all parties interested. All

1 Senior Lecturer, PhD, University of Valahia Târgoviște, Romania, Address: Bulevardul Regele Carol I 2, Târgoviște

130024, Tel.: 0245 206 101, E-mail: adrian.tutuianu65@yahoo.com.

2 PhD Student, University of Titulescu București, Romania, Address: Calea Văcărești 185, București 040051, Tel.: 021 330

8606, Romania, E-mail: av.muresanflorina@yahoo.com.

European Integration - Realities and Perspectives. Proceedings 2018

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debates and deliberations of the Council on legislation are made public. Accurate information of the

European citizens facilitates a constructive consultation, as every participant to consultations is

informed when taking the floor and positive results may therefore be obtained in practice. (Boc, 2013,

p. 19)

The process of political integration should have obligatorily succeeded the unification and economic

integration of Europe. The economic unification on which an agreement had been reached was not

seen as the end of a process, as it was not considered to be a goal in itself, but only as a mere

intermediary towards the political unification. Or, this process became visible as the European

Communities were being democratised. This democratisation was achieved by increase in the

authority of the European Parliament, determined by direct elections. By introduction of new

decisional procedures (firstly by the Single European Act in 1987, then by the Maastricht Treaty in

19921 and the Treaty of Amsterdam in 19872), the Parliament decides with the Council on a large

number of aspects regarding the life of the Union. The representativeness and the democracy of the

Union were therefore enhanced, in other words, the citizens’ r epresentation in the decisional process

and in the democratic adoption of decisions. (Barbulescu, 2008, p. 104)

The article 1(2) of the Treaty on the European Union (TUE)3 marks “a new stage in the process of

creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as

possible and as closely as possible to the citizens”. Consequently, two essential elements of good

governance/good administration are outlined, transparency and rapprochement with citizens. In

addition, the Union recognises the rights, freedoms and principles set out by the Chart of the

Fundamental Right of the European Union4 and plans to adhere to the European Convention for

Protection of Human Rights and Fundamental Freedoms5. The fundamental rights, “as they are

guaranteed by the European Convention for Protection of Human Rights and Fundamental Freedoms

and as resulting from the constitutional traditions of Member States, represent general principles of the

Union law”, pursuant to article 6(3) of TUE. In all its activities, the Union shall respect their citizens’

equality principle (article 9 of TUE) and the proportionality principle (article 5(4) of TUE), according

to which “the content and form of the Union action shall not exceed what is necessary to achieve the

objectives of the European Union Treaties”.

The Union institutions give the citizens and the representative associations “the opportunity to make

known and publicly exchange their views in al l areas of Union action” and “maintain an open,

transparent and regular dialogue with representative associations and civil society” (article 11 (1)

and (2) of TUE). To ensure coherence and transparency of the Union actions, the European

Commission carries out broad consultations with parties concerned. The European Parliament and the

EU Council adopt provisions on procedures and conditions required to present a civic initiative,

according to article 11 of TUE, so that the will of the Union citizens may be heard and taken into

consideration. (Craig & Grainne, 2009, p. 84)

1 The Maastricht Treaty was signed by the European Council on 7 February 1992 and entered into force on 1 November

1993.

2 The Treaty of Amsterdam, adopted on 16-17 July 1997 and signed on 2 October 1997, entered into force on 1 May 1999.

3 The Treaty on the European Union, published in OJEU, C 326/13 of 26.10.2012 consolidated version.

4 The Chart of the Fundamental Right of the European Union, OJEU, 2012/C 326/02.

5 The European Convention for Protection of Human Rights and Fundamental Freedoms, amended by Protocols no. 3, 5 and

8 and supplemented by Protocol no. 2, concluded at Rome on 4 November 1950, published in the Official Journal no. 135 of

31 May 1994.