European Citizens' Initiative

Author:Ioana Nely Militaru
Position:Department of Law, Bucharest University of Economic Studies
Pages:89-97
SUMMARY

The European Citizens’ Initiative is the expression of participatory democracy within the European Union, where one million citizens of it, who have their domicile in at least one quarter of the Member States, have the right to invite the Commission, to submit a proposal for a legal act in the application of treaties. The Citizens Initiative has its source in the concept of European Union... (see full summary)

 
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European Citizens' Initiative
Associate professor Ioana Nely MILITARU
1
Abstract
The European Citizens’ Initiative is the expression of participatory democracy
within the European Union, where one million citizens of it, who have their domicile in at
least one quarter of the Member States, have the right to invite the Commission, to submit a
proposal for a legal act in the application of treaties. The Citizens Initiative has its source in
the concept of European Union Citizenship, first governed by the Treaty of Maastricht
(Treaty on European Union/TEU). At present, the European Citizens’ Initiative has its legal
basis in the TEU, TFEU, Regulation (EU) No. 211/2011 and in the Rules of Procedure of the
European Parliament. Regulation (EU) No. 211/2011, establishes detailed procedures and
conditions for the Commission to make such an initiative. Since the implementation of the
EU Injunction, three initiatives have been submitted to the Commission, which have proved
viable.
Keywords: EU law, legislative initiative; European Citizenship Initiative; Treaty on
the Functioning of the European Union.
JEL Classification: K10, K33.
1. Legislative initiative
1.1. Commission legislative initiative
2
Union legislative acts may be adopted only on a proposal from the
Commission, unless the Treaties provide otherwise. The other acts shall be adopted
on a proposal from the Commission, where the Treaties so provide (according to
Article 17 (2) TEU).
The Commission was conceived as a driving force for European
integration
3
, having its general mission (...) initiative
4
and, in particular, the
task of proposing legislative projects.
Through the legislative initiative, the Commission is helping to design,
prepare and outline the measures taken by the Council and Parliament to
formulate Union policies by presenting them as proposals
5
.
1
Ioana Nely Militaru - Department of Law, Bucharest University of Economic Studies,
ioananelimilitaru@yahoo.co.
2
Ioana Nely Militaru, European Union Law, third edition, revised and added, Bucharest, 2017, p. 257
et seq.
3
See G. Isaac, M. Blanquet, Droit communautaire general, 8 ed., Dalloz, Paris, 2001, p. 62.
4
CJCE, 26 February 1976, SADAM, 88 to 90/75, Rec. 323.
5
See O. Manolache, Community Law Treaty, 5th Edition, C.H. Beck, Bucharest, 2006, p. 127.

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