Activities of Kostadinka KUNEVA related to 2017/0220(COD)
Plenary speeches (1)
European citizens’ initiative (debate) EL
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European citizens’ initiative
Amendments (50)
Amendment 11 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
having regard to the judgment of the General Court in the case of T-754/14 and in particular paragraphs 45 and 47 thereof,
Amendment 15 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) according to the Judgement of the General Court in case T-754/14, the ECI aims at allowing the citizens of the European Union to participate directly in the democratic life of the European Union. Their active participation in the democratic process is further strengthened especially through the mechanism of ECI, that allows them to raise questions and present them to the European Commission, and to request from the latter to submit a proposal for a European Union legal act after having, as the case may be, presented the ECI at a public hearing organised at the Parliament, by stimulating a democratic debate without having to await the adoption of the legal act whose modification or withdrawal is ultimately sought.
Amendment 16 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) according to the same judgment, ECI proposals constitute an expression of the effective participation of citizens of the European Union in the democratic life thereof and they do not undermine the institutional balance intended by the Treaties, even when they are dealing with ongoing legislative procedures.
Amendment 21 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims toshall make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and supporters, in order to achieve the full potential of the European citizens’ initiative as a tool to foster debate and citizen participation at Union level, and to bring the Union closer to its citizens.
Amendment 24 #
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve those objectives, the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate to the nature of this instrument. They should strike a judicious balance between rights and obligationsall allow participation in the process of the European citizens' initiative without any discrimination whatsoever. They should strike a judicious balance between rights and obligations, giving when in doubt priority to the rights of the citizens as stressed in the Treaties and the Charter of the Fundamental Rights of the Union, striving to avoid formalism.
Amendment 27 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is appropriate to set a minimum age for supporting an initiative. To achieve the full potential of the European citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at Union level especially among young European citizens, that age should be set at 16 years. The decisive time for determining the ability of one person to support an Initiative is that of expression of the support.
Amendment 30 #
Proposal for a regulation
Recital 8
Recital 8
(8) In accordance with Article 11(4) of the TEU an initiative 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 to implement the Treaties, is to be taken by not less than one million citizens of the Union who are nationals or permanent residents of a significant number of Member States.
Amendment 39 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) In view of the advisory, translation and awareness-raising activities (including the ‘ECI Day’) undertaken by the consultative institutions of the Union, especially the European Economic and Social Committee, the Commission will keep those institutions informed on newly registered initiatives and future awareness-raising campaigns relating to the ECI.
Amendment 41 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to make the European citizens’ initiative more accessible and to provide support to citizens and organisers, the Commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the European citizens’ initiative. To ensure proximity to citizens, Member States should establish one or more, in due time and in any case by the time this Regulation comes into force, contact points in their respective territories to provide citizens with information and, assistance regarding theand guidance regarding the submission of a European citizens’ initiative.
Amendment 44 #
Proposal for a regulation
Recital 14
Recital 14
(14) A minimum organised structure is needed in order to launch and manage citizens’ initiatives successfully. That structure should take the form of a group of organisers, composed of natural persons resident in at least sevenix different Member States, in order to encourage the emergence of Union-wide issues and to foster reflection on those issues. For the sake of transparency and smooth and efficient communication, the group of organisers should designate or elect a representative and a substitute to liaise between the group of organisers and the institutions of the Union throughout the procedure. The group of organisers should have the possibility to create, in accordance with national law, a legal entity (non- governmental and non-profit) to manage an initiative. That legal entity should be considered as the group of organisers for the purposes of this Regulation.
Amendment 47 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the Treaties and this Regulation, initiatives that comply with the conditions laid down in this Regulation should be registered by the Commission before collecting statements of support from citizens. The Commission should deal with registration in accordance with the general principles of good administration and the protection of legitimate interests of citizens. Citizens should be notified when an initiative is prima facie inadmissible and allowed the chance to rectify the faults in the submission as to minimize chances of rejection.
Amendment 51 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to make the European citizens’ initiative more accessible, and taking into account that the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate, it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this Regulation. Initiatives should be partially registered where a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties and all the other registration requirements are met. Clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative. The choice for a partial registration shall not render void the Commission's obligation to fully justify its decision by giving reasons for choosing to partially register an initiative.
Amendment 61 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and citizens, the Commission should set-up and operate a central system for the online collection of statements of support. That system should be made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features. This ought to ensuringe that citizens' with disabilities canwill be facilitated to initiate, propose or provide support to the initiatives on an equal footing. That system should be set-up and maintained in accordance with Commission Decision (EU, Euratom) 2017/4626 . _________________ 26 Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission (OJ L 6, 11.1.2017, p. 40–51).
Amendment 62 #
Proposal for a regulation
Recital 20
Recital 20
(20) A group of organisers should have the possibility to set-up its own online collection systems for the collection of statements of support across the Union and to decide in which Member State the data collected for the initiative should be stored. The group of organisers should use a single individual online collection system for each initiative. Individual online collection systems set up and operated by a group of organisers should have adequate technical and security features in order to ensure that the data are securely collected, stored and transferred throughout the procedure. For that purpose, the Commission should set out detailed technical specifications for the individual online collection systems, in cooperation with the Member States. The Commission may seek advice of the European Union Agency for Network and Information Security (ENISA) which assists the Union institutions in developing and implementing policies related to security of network and information systems and the European Data Protection Supervisor (EDPS), which advises Union institutions and bodies on all matters relating to the processing of personal information. The group of organisers may also consult with ENISA and EDPS if they opt for setting up its own online collection systems.
Amendment 64 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate for Member States to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this Regulation and issue a document certifying such conformity before statements of support are collected. The certification of the individual online collection systems should be carried out by the competent national authority of the Member States in which the data collected through the individual online collection system is stored. Without prejudice to the powers of the national supervisory authorities under the General Data Protection Regulation, Member States should designate without delay the competent national authority responsible for the certification of the systems. Member States should mutually recognise the certificates issued by their competent authorities without the introduction of additional checks.
Amendment 66 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Citizens of the Union residing outside of the Union, or citizens holding double nationality (one being that of a member state and the other of a third state), or beneficiaries of refugee status or subsidiary protection and their family members holding a valid residence permit pursuant to Directive 2011/95/EU1b shall not be precluded from supporting an ECI. Same applies for EU Blue Card holders and their family members in accordance with Council Directive 2009/50/EC1c. Permanent residents of a member state in accordance with Directive 2004/38/EC 1a should be able to choose between their host member state and their country of origin when expressing their support. _________________ 1b Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted 1c Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment 1a Directive 2004/38/EC of the European and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member State
Amendment 73 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament within three months from the submission of the initiative and shall ensure a balanced representation of relevant public and private interestpresence of relevant stakeholders, as well as the representation at an appropriate level of the Commission. Other institutions and advisory bod, a representative from the Presidency of the Council, representative from the European Economic Social Committee (EESC) and the Committee of Regions (CoR). Other institutions and agencies of the Union as well as interested stakeholders should have the opportunity to participate in the hearing depending on the thematic of the ECI at hand upon their request.
Amendment 80 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to it. The Commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative. The Commission should explainjustify adequately in a clear, comprehensible and detailed manner, substantiating the reasons for its intended action, and should likewise give its reasonsdo if it does not intend to take any action. In both cases a second public hearing shall be organized to discuss the conclusions communicated by the Commission, under the same rule as the first.
Amendment 85 #
Proposal for a regulation
Recital 25
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should be able to provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission upon request. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation and with full transparency. After the registraton the organizers shall publicize the sources of funding on the webpage of the initiative in order to allow potential supporters to make a credible decision at the time of expression of their support.
Amendment 92 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to contribute to the promotion of active participation of citizens in the political life of the Union, the Commission and the organisers should be able to collect, in accordance with data protection rules, email addresses of signatories for the purpose of communication activities regarding an initiative, in particular for the purpose of providing information on the follow-up actions in response to an initiative. The collection of email addresses should be optional and subject to the consent of signatories which should be freely given, specific, informed and unambiguous pursuant to article 7 of Regulation 2016/679. Email addresses should not be collected as part of the statements of support forms and potential signatories should be informed that their right to support an initiative is not conditional on giving their consent to collecting their email addresses.
Amendment 94 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to adapt to future needs the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of amending the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 95 #
Proposal for a regulation
Recital 32
Recital 32
(32) This Regulation respects fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union, in particular Article 8 thereof.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Every citizen of the Union who is at least 16 years of age at the time of expression of support, has the right to support an initiative by signing a statement of support ('the signatory'), in accordance with this Regulation.
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) it has received the support of at least one million signatories from at least one quarter of the Member States. (meaning six member states). (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of paragraph 1 a signatory shall be counted: (a) in its Member State of nationality. (b) in the member state of choice (host state or state of origin) in case the citizen is a permanent resident of another member state (pursuant to Directive 2004/38). (c) in the member state of choice in case of dual or multiple citizenship (d) the member state of residence in case of beneficiaries of international and subsidiary protection or EU Blue Card holders (pursuant to Council Directive 2009/50/EC and Directive 2011/95/EU)
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. The information shall be provided in a manner that is accessible and usable format and technologies appropariate to different kinds of disabilities in a timely mannter and without additional cost. the information shall be presented at an easily comprehensible manner with the use of sign languages, Braille, augmentative and alternative communication, and any other accessible means, modes and formats of communication;
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. Europe Direct information points and the representation offices of the Commission at the member states ypon the request of the organisers shall be at the position to: (a) provide full assistance, free of charge (b) facilitate communication with the Commission
Amendment 128 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An initiative shall be prepared and managed by a group of at least sevenix natural persons (the 'group of organisers'). Members of the European Parliament shall not be counted for the purpose of that minimum number.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The members of the group of organisers shall be citizens or residents of the Union, of the age to be entitled to vote in elections to the European Parliament and residents oforiginating from at least sevenix different Member States.
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The group of organisers shall designate or elect two of its members as, respectively, representative and substitute, who shall liaise between them and the institutions of the Union throughout the process and who shall be mandated to act on behalf of the group of organisers (the 'contact persons').
Amendment 140 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 – point b
Article 6 – paragraph 2 – subparagraph 2 – point b
(b) where it is made up of more than 7 members, indicate those sevenix members to be taken into account for the purpose of Article 5(1) and (2);
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisersand adequately justify stating the reasons in full detail for choosing the course of action announced in the communication. The group of organizers shall be fully informed of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them.
Amendment 180 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State (the 'responsible Member State') shall verify and certify that the statements of support signed by its nationals or residents comply with the provisions of this Regulation. (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 192 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organize the public hearing at the European Parliament. Representatives of the oits premises. Representatives of the European Commission, the Presidency of the Council, the European Economic and Social Committee (EESC), the Committe of Regions (CoR) shall be invited. Other institutions and advisory bodies of the Union based on the topic stressed in the ECI, as well as interested stakeholders, shall be given the opportunity to participate in the hearing.
Amendment 198 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
The Commission and the European Parliament shall ensure a balanced representation of relevant public and private intereststakeholders involved depending on the topic discussed. Additionally the hearing shall be fully accessible, publicly web-broadcasted and shall allow for the opportunity for real- time participation by the citizens.
Amendment 201 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3 a (new)
Article 14 – paragraph 2 – subparagraph 3 a (new)
The European Parliament in accordance with its Rules of Procedure shall strive to host a debate at plenary level with the option to have a motion for resolution depicting its position on the European citizens' initiative proposed.
Amendment 211 #
Proposal for a regulation
Article 15 – title
Article 15 – title
15 Examination by the Commission - First Phase
Amendment 216 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Within fiveour months after the publication of the initiative in accordance with Article 14(1), and after the public hearing referred to in Article 14(2), the Commission shall set out in a draft communication its legal and political conclusions on the initiative, the action it intends to take, if any, and its reasons for taking or not taking action.
Amendment 223 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Examination of the Commission - Second Phase 1. Within one month from the publication of the draft communication a second public hearing shall be organized by the European Parliament at its premises in accordance with article 14, with the view to debate fully and with transparency the proposed course of action by the European Commission. 2. Within two months from the second public hearing the final communication from the Commission shall be communicated to the European Parliament, the European Economic and Social Committee (EESC) and the Committee of Regions (CoR) and the organizers.
Amendment 235 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For the purpose of Article 11, each Member State shall designate without delay one or more competent authorities responsible for issuing the certificate referred to in Article 11(3).
Amendment 236 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. For the purpose of Article 12, each Member State shall designate without delay one competent authority responsible for coordinating the process of verification of statements of support and for issuing the certificates referred to in Article 12(5).
Amendment 237 #
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
Amendment 239 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 240 #
Proposal for a regulation
Article 23
Article 23
Amendment 242 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens' initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than fiveour years from the date of application of this Regulation, and every fiveour years thereafter. The reports shall be made public.
Amendment 244 #
Proposal for a regulation
Annex II – point 1
Annex II – point 1
1. The title of the initiative, in no more than 100 characters not including spaces;
Amendment 246 #
Proposal for a regulation
Annex II – point 2
Annex II – point 2
2. The content of the initiative on which the Commission is invited to act, in no more than 1000 characters not including spaces;
Amendment 247 #
Proposal for a regulation
Annex II – point 4 – paragraph 1
Annex II – point 4 – paragraph 1
The full names, postal addresses, nationalities and dates of birth of sevenix members of the group of organisers residing in sevenix different Member States indicating specifically the representative and the substitute as well as their e-mail addresses and telephone numbers35 ; _________________ 35 Privacy statement: in accordance with Article 11 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, data subjects are informed that these personal data are compiled by the Commission for the purpose of the procedure in respect of the proposed citizens’ initiative. Only the full names of the organisers, the country of residence of the representative or, as the case may be, the name and the country of the seat of the legal entity, the e-mail addresses of the contact persons and information relating to the sources of support and funding will be made available to the public in the Commission’s online register. Data subjects are entitled to object to the publication of their personal data on compelling legitimate grounds relating to their particular situation, and to request the rectification of that data at any time and its removal from the Commission’s online register after the expiry of a period of two years from the date of registration of the proposed citizens’ initiative. (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)
Amendment 248 #
Proposal for a regulation
Annex II – point 4 – paragraph 2
Annex II – point 4 – paragraph 2
If the representative and/or the substitute are not among the sevenix members referred to in the above paragraph, their full names, postal addresses, nationalities, dates of birth, e-mail addresses and telephone numbers.
Amendment 249 #
Proposal for a regulation
Annex II – point 5
Annex II – point 5
5. Documents that prove the full names, postal addresses, nationalities and dates of birth of each of the sevenix members referred to in point 4 above and of the representative and the substitute if they are not among those sevenix members; (This amendment applies throughout the text.Adopting it will necessitate corresponding changes throughout.)