Procedure completed
2008/2169(INI) Guidelines for a proposal of a regulation of the European Parliament and the Council on the implementation of the citizens' initiative, pursuant to Article 11(4) of the Treaty on the European Union
Lead committee dossier: AFCO/6/65377
Legal Basis RoP 042
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AFCO | KAUFMANN Sylvia-Yvonne (GUE/NGL) | |
| Opinion | LIBE | ||
| Opinion | PETI | CARNERO GONZÁLEZ Carlos (PSE) |
Legal Basis RoP 042
Subjects
Activites
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2009/05/07
Text adopted by Parliament, single reading
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T6-0389/2009
summary
The European Parliament adopted by 380 votes to 41, with 29 abstentions, a resolution requesting the Commission to submit a proposal for a regulation of the European Parliament and of the Council on the implementation of the citizens' initiative. In its resolution, the Parliament recalls that the Treaty of Lisbon introduces the Citizens' Initiative, whereby citizens of the Union numbering not less than one million 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. Citizens will thus play a direct role in the exercise of the European Union's sovereign power by being, for the first time, directly involved in the initiation of European legislative proposals. In this context, the Commission is called upon to submit without delay, after the Treaty of Lisbon enters into force, a proposal for a regulation on the citizens' initiative on the basis of Article 24 of the Treaty on the Functioning of the European Union. The regulations should be clear, simple and user-friendly, incorporating practical elements related to the definition of a citizens' initiative in order that it should not be confused with the right of petition. MEPs call on the Commission to examine a number of recommendations, contained in the annex to the draft resolution, which focus on the following aspects: Determining the minimum number of Member States: the minimum number of Member States from which the citizens taking part in the initiative must come is one quarter of the Member States. This requirement is fulfilled only if at least 1/500 of the population of each of the Member States concerned supports the initiative. Determining the minimum age of participants: every citizen of the Union who has the right to vote in accordance with the legislation of his/her own Member State may participate in a citizens' initiative. Determining the procedure: the Parliament is of the opinion that a successful citizens' initiative requires the Commission to look into the matters it raises and decide whether and to what extent it should accordingly submit a proposal for a legal act. In this regard, it would be advisable for initiatives to refer to one or more appropriate legal bases for the submission of the proposed legal act by the Commission. Moreover, MEPs consider that a citizens' initiative may proceed only if it is admissible, in so far as: (a) it contains a request to the Commission to submit a proposal for a legal act of the Union; (b) the Union has legislative competence, and the Commission has the right to submit a proposal in the matters concerned; and (c) the requested legal act is not manifestly contrary to the general principles of law as applied in the Union. The procedure for a citizens' initiative comprises five stages: registering the initiative with the Commission; collecting of individual statements of support for the successfully registered initiative and official confirmation by the Member States of the result of the collection of individual statements of support; organisers presenting the citizens' initiative to the Commission; the Commission's formal statement of its position; verifying that the requested legal act is consistent with the Treaties. The principle of transparency: the organisers of a successfully registered citizens' initiative shall be required, within an appropriate period of time after the conclusion of the procedure, to present to the Commission a report on the funding of the initiative, including the sources of funding (transparency report). The report shall be examined by the Commission and published together with an opinion. As a general rule, the Commission should begin to address the content of a citizens' initiative only after a transparency report has been presented in due form. Lastly, MEPs consider that it is the political task of the Parliament to monitor the process of a citizens' initiative, and that this responsibility concerns the implementation of the regulation on the citizens' initiative, as such, as well as the political position of the Commission with regard to the request submitted by the citizens' initiative.
- Results of vote in Parliament
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T6-0389/2009
summary
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2009/05/07
Commission response to text adopted in plenary
- SP(2009)3564
- DG Secretariat General, BARROSO José Manuel
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2009/05/06
Debate in Parliament
- 2009/02/03 Committee report tabled for plenary, single reading
- 2009/02/03 Committee report tabled for plenary, single reading
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2009/01/22
Vote in committee, 1st reading/single reading
- 2008/11/14 Committee draft report
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2008/09/04
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee draft report: PE415.341
- Committee report tabled for plenary, single reading: A6-0043/2009
- Committee report tabled for plenary, single reading: A6-0043/2009
- Decision by Parliament, 1st reading/single reading: T6-0389/2009
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2009)3564
| Amendments | Dossier |
| 114 |
2008/2169(INI)
2008/12/19
AFCO
109 amendments...
Amendment 1 #
Motion for a resolution Title Amendment 10 #
Motion for a resolution Recital K K. whereas Article 76 FEUT indicates that a legislative proposal supported by a quarter of the Member States may be presumed to take sufficient account of the European general interest; whereas, however, this applies to submission of the legislative proposal itself, while the citizens’ initiative is a request to the Commission to submit such a proposal and thus concerns an earlier stage in the legislative process; whereas, therefore, such a minimum number can be considered to be unchallengeable only if it is less
Amendment 100 #
Motion for a resolution Annex - paragraph 8- point (b) (b) To that end the
Amendment 101 #
Motion for a resolution Annex - paragraph 8- point (c) Amendment 102 #
Motion for a resolution Annex - paragraph 8- point (c) (c) The Commission must take a
Amendment 103 #
Motion for a resolution Annex - paragraph 8- point (d) Amendment 104 #
Motion for a resolution Annex - paragraph 8- point (e) Amendment 105 #
Motion for a resolution Annex - paragraph 8- point (e) Amendment 106 #
Motion for a resolution Annex - paragraph 8- point (e) (e) If the Commission decides not to take
Amendment 107 #
Motion for a resolution Annex - paragraph 8 a - new subtitle The principle of transparency
Amendment 108 #
Motion for a resolution Annex - paragraph 8 a (new) 8a. The organisers of a successfully registered citizens’ initiative shall be required, within an appropriate period of time after the conclusion of the procedure, to present to the Commission a report on the funding of the initiative, including the sources of funding (transparency report). The report shall be examined by the Commission and published together with an opinion.
Amendment 109 #
Motion for a resolution Annex - paragraph 8 b (new) 8b. As a general rule the Commission should begin to address the content of a citizens’ initiative only after a transparency report has been presented in due form.
Amendment 11 #
Motion for a resolution Recital Ka (new) Ka. whereas, in order to ensure the 'European' nature of the citizens' initiative, the criterion 'a significant number of Member States' requires adequate geographical representation and due prominence for the democratic right of participation of civil society since more representative democracy is secured by broader participation,
Amendment 12 #
Motion for a resolution Recital N N. whereas Article 11(4) EUTnw applies to all Union citizens, excluding no-one on grounds of age or on any other grounds,
Amendment 13 #
Motion for a resolution Recital O O. whereas,
Amendment 14 #
Motion for a resolution Recital O O. whereas,
Amendment 15 #
Motion for a resolution Recital P P. whereas, however, any restriction of the right to democratic participation and any unequal treatment on the grounds of age must satisfy the principle of proportionality
Amendment 16 #
Motion for a resolution Recital -S (new) -S. whereas it would be advisable for initiatives to refer to one or more appropriate legal bases for the tabling of the proposed legal act by the Commission,
Amendment 17 #
Motion for a resolution Recital S, introductory part S. whereas a citizens’ initiative
Amendment 18 #
Motion for a resolution Recital S, first bullet point • it contains a request to the Commission to submit a proposal for a legal act of the Union, which must include a complete draft or a sufficiently detailed description of the legal act that is being called for
Amendment 19 #
Motion for a resolution Recital S, third bullet point and last subparagraph • the requested legal act is not
Amendment 2 #
Motion for a resolution Recital A A. whereas the Treaty of Lisbon introduces the European Citizens’ Initiative, whereby EU citizens numbering at least one million and including nationals of a significant number of Member States can take the initiative of calling on the Commission to present appropriate proposals, within the limits of its powers, on subjects on which, in the opinion of those citizens, an EU legislative act is required in order to implement the Treaties – Article 11(4) of the EU Treaty in the new wording (‘EUTnw’)
Amendment 20 #
Motion for a resolution Recital U U. whereas for the organisation of a citizens’ initiative it is
Amendment 21 #
Motion for a resolution Recital V V. whereas the task of verifying the authenticity of statements of support cannot be carried out by the Commission and should therefore be fulfilled by the Member States; whereas, however, the obligations of the Member States deriving therefrom only extend to initiatives in the framework of Article11(4) EUTnw and under no circumstances to initiatives that are inadmissible on the grounds stated; whereas it is therefore necessary for the Member States, even before beginning to collect statements of support, to have legal certainty as regards the admissibility of the citizens’ initiative,
Amendment 22 #
Motion for a resolution Recital Va (new) Va. whereas verification of the admissibility of a citizens’ initiative by the Commission is, however, restricted exclusively to the aforementioned legal questions and may on no account include considerations of political expediency; whereas this will ensure that the Commission is not free to decide in the light of political considerations of its own whether a citizens’ initiative is or is not to be declared admissible,
Amendment 23 #
Motion for a resolution Recital W W. whereas it would seem appropriate for the procedure for a citizens’ initiative to be divided into the following four stages: • registering the initiative,
Amendment 25 #
Motion for a resolution Recital W a (new) Wa. whereas the citizens’ initiative is a means of exercising public sovereign power in the area of legislation and is subject as such to the transparency principle; whereas this means that the organisers of a citizens’ initiative must publicly assume accountability for its funding, including the sources of that funding,
Amendment 26 #
Motion for a resolution Recital X Amendment 27 #
Motion for a resolution Recital X Amendment 28 #
Motion for a resolution Recital X X. whereas
Amendment 29 #
Motion for a resolution Recital X X. whereas it is
Amendment 3 #
Motion for a resolution Recital C C. whereas citizens will thus for the first time be directly involved in the initiation of European legislative pro
Amendment 30 #
Motion for a resolution Recital X a (new) X a. whereas the conditions and procedure for revising the Treaties are laid down in a specific article which, having the status of lex specialis, takes precedence,
Amendment 31 #
Motion for a resolution Recital Y Amendment 32 #
Motion for a resolution Recital Y Amendment 33 #
Motion for a resolution Recital Y Amendment 34 #
Motion for a resolution Recital Z Amendment 35 #
Motion for a resolution Recital Z Amendment 36 #
Motion for a resolution Paragraph 3 Amendment 37 #
Motion for a resolution Annex - paragraph 1 1. The minimum number of Member States from which the citizens taking part in the initiative must come is
Amendment 38 #
Motion for a resolution Annex - paragraph 1 1. The minimum number of Member States from which the citizens taking part in the initiative must come is
Amendment 39 #
Motion for a resolution Annex - paragraph 1 1.
Amendment 4 #
Motion for a resolution Recital C C. whereas citizens will thus take a direct part in the exercise of the European Union’s sovereign power by being, for the first time
Amendment 40 #
Motion for a resolution Annex - paragraph 1 1.
Amendment 41 #
Motion for a resolution Annex - paragraph 1 1. The minimum number of Member States from which the citizens taking part in the initiative must come is
Amendment 42 #
Motion for a resolution Annex - paragraph 1 1. The minimum number of Member States from which the citizens taking part in the initiative must come is
Amendment 43 #
Motion for a resolution Annex - paragraph 2 2. This requirement is fulfilled only if at least 1/35
Amendment 44 #
Motion for a resolution Annex - paragraph 3 3. Every Union citizen
Amendment 45 #
Motion for a resolution Annex - paragraph 3 3. Every Union citizen o
Amendment 46 #
Motion for a resolution Annex - paragraph 4 4. The procedure for a European Citizens’ Initiative comprises f
Amendment 47 #
Motion for a resolution Annex - paragraph 4, fourth bullet point •
Amendment 48 #
Motion for a resolution Annex - paragraph 5 - introductory part 5. The first stage of a European Citizens’ Initiative begins with its organisers registering the initiative with the Commission
Amendment 49 #
Motion for a resolution Annex - paragraph 5 - point (a) (a)
Amendment 5 #
Motion for a resolution Recital E Ε. whereas that right entitles citizens to require the Union’s institutions and the Member States to refrain from any measures that are likely to
Amendment 50 #
Motion for a resolution Annex - paragraph 5 - point (a) (a) A European Citizens’ Initiative must be duly registered by its organisers with the Commission. To register, organisers state their name, date of birth, nationality and home address, and the exact wording of the citizens’ initiative in one of the European Union’s official languages. The organisers of the initiative should be at least one hundred representing the nationalities of at least a quarter of the Member States.
Amendment 51 #
Motion for a resolution Annex - paragraph 5 - point (b) - introductory part Amendment 52 #
Motion for a resolution Annex - paragraph 5 - point (b) - introductory part (b)
Amendment 53 #
Motion for a resolution Annex - paragraph 5 - point (b) - introductory part (b) The Commission verifies the formal admissibility of the registered citizens’ initiative. A citizens’ initiative is formally admissible if it satisfies the following four requirements:
Amendment 54 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 1 Amendment 55 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 1 • It contains a request to the Commission to submit a proposal for the adoption of a legal act of the European Union, which must include a complete draft or a sufficiently detailed description of the legal act that is being called for.
Amendment 56 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 2 Amendment 57 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 3 Amendment 58 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 4 Amendment 59 #
Motion for a resolution Annex - paragraph 5 - point (b) - bullet point 4 • The requested legal act is not
Amendment 6 #
Motion for a resolution Recital E Amendment 60 #
Motion for a resolution Annex - paragraph 5 - point (b) - after the bullet points Amendment 61 #
Motion for a resolution Annex - paragraph 5 - point (b) - after the bullet points In accordance with Article 41 of the Charter of Fundamental Rights of the European Union the Commission provides organisers with all due support to prevent the registration of inadmissible initiatives. The Commission also notifies the organisers of current or proposed legislative proposals on matters raised in the citizens’ initiative and on successfully
Amendment 62 #
Motion for a resolution Annex - paragraph 5 - point (c) Amendment 63 #
Motion for a resolution Annex - paragraph 5 - point (c) Amendment 64 #
Motion for a resolution Annex - paragraph 5 - point (c) (c) Within two months of registration of the citizens’ initiative the Commission must decide whether the
Amendment 65 #
Motion for a resolution Annex - paragraph 5 - point (c) (c) Within two months of registration of the citizens’ initiative the Commission must decide whether the registration has succeeded. The decision must state whether the citizens’ initiative is admissible. Registration may be rejected only on legal grounds. Where possible, alternative means of redress may be recommended.
Amendment 66 #
Motion for a resolution Annex - paragraph 5 - point (c) (c) Within two months of registration of the citizens’ initiative the Commission must decide whether the registration has succeeded. The decision must state whether the citizens’ initiative is admissible. Registration may be rejected only on legal grounds and on no account on grounds of political expediency.
Amendment 67 #
Motion for a resolution Annex - paragraph 5 - point (c) (c) Within two months of registration of the citizens’ initiative the Commission must decide whether the registration has succeeded. The decision must state whether the citizens’ initiative is formally admissible. Registration may be rejected only on formal legal grounds.
Amendment 68 #
Motion for a resolution Annex - paragraph 5 - point (d) Amendment 69 #
Motion for a resolution Annex - paragraph 5 - point (d) Amendment 7 #
Motion for a resolution Recital F F. whereas the procedures and conditions for a citizens’ initiative, including the minimum number of Member States from which the citizens taking the initiative must come, are to be determined by the European Parliament and the Council in accordance with the proper legislative procedure by means of a regulation (Article 24(1) FEUT),
Amendment 70 #
Motion for a resolution Annex - paragraph 5 - point (d) (d) The decision is addressed both to the organisers individually and to the general public.
Amendment 71 #
Motion for a resolution Annex - paragraph 5 - point (e) Amendment 72 #
Motion for a resolution Annex - paragraph 5 - point (e) Amendment 73 #
Motion for a resolution Annex - paragraph 5 - point (f) Amendment 74 #
Motion for a resolution Annex - paragraph 5 - point (f) (f) The Commission provides on its website, accessible to the public, an index of all
Amendment 75 #
Motion for a resolution Annex - paragraph 5 - point (g) Amendment 76 #
Motion for a resolution Annex - paragraph 6 - introductory part 6. The second stage of the European Citizen’s Initiative covers the collecting of individual statements of support for the successfully registered initiative and official confirmation by the Member States of the collection
Amendment 77 #
Motion for a resolution Annex - paragraph 6 - point (a) (a) The Member States make provision
Amendment 78 #
Motion for a resolution Annex - paragraph 6 - point (b) (b) A statement of support is lawful if is declared within
Amendment 79 #
Motion for a resolution Annex - paragraph 6 - point (b) (b) A statement of support is lawful if is declared within the period for collecting statements of support in accordance with the relevant legal provisions of the Member States and of Union law. The period for collecting statements of support is
Amendment 8 #
Motion for a resolution Recital K Amendment 80 #
Motion for a resolution Annex - paragraph 6 - point (b) (b) A statement of support is lawful if is
Amendment 81 #
Motion for a resolution Annex - paragraph 6 - point (d) Amendment 82 #
Motion for a resolution Annex - paragraph 6 - point (e) Amendment 83 #
Motion for a resolution Annex - paragraph 6 - point (e) (e) Any statement of support may be withdrawn
Amendment 84 #
Motion for a resolution Annex - paragraph 6 - point (f) Amendment 85 #
Motion for a resolution Annex - paragraph 6 - point (g) Amendment 86 #
Motion for a resolution Annex - paragraph 7 - point (a) (a) A European Citizens’ Initiative must be lawfully presented by the organisers to the Commission.
Amendment 87 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least four • who are nationals of at least one Member States, quarter of Member States,
Amendment 88 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least four • who are nationals of at least a Member States, quarter of Member States,
Amendment 89 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least four • who are nationals of at least a Member States, quarter of the Member States,
Amendment 9 #
Motion for a resolution Recital K K. whereas
Amendment 90 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least
Amendment 91 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least
Amendment 92 #
Motion for a resolution Annex - paragraph 7 - point (b) - bullet point 2 • who are nationals of at least
Amendment 93 #
Motion for a resolution Annex - paragraph 7 - point (c) (c) Within two months of presentation of the citizens’ initiative the Commission must decide whether that presentation has
Amendment 94 #
Motion for a resolution Annex - paragraph 7 - point (c) (c) Within two months of presentation of the citizens’ initiative the Commission must decide whether that presentation has succeeded. The decision must include a statement on the representativeness of the initiative. The presentation may be rejected only on legal grounds and on no account on grounds of political expediency.
Amendment 95 #
Motion for a resolution Annex - paragraph 7 - point (d) Amendment 96 #
Motion for a resolution Annex - paragraph 7 - point (e) Amendment 97 #
Motion for a resolution Annex - paragraph 7 - point (f) Amendment 98 #
Motion for a resolution Annex - paragraph 8- point (a) Amendment 99 #
Motion for a resolution Annex - paragraph 8- point (b) source: PE-418.101
2009/01/13
PETI
5 amendments...
Amendment 1 #
Draft opinion Paragraph 4 4. Notes, in addition, that Parliament
Amendment 2 #
Draft opinion Paragraph 6 6. Believes that such measures may better ensure compatibility between proposals addressed to the Commission in the first instance by citizens and the European Parliament's democratically approved priorities and proposals;
Amendment 3 #
Draft opinion Paragraph 7 7. Considers that Parliament should be able to pronounce on the suitability of a Citizens' Initiative
Amendment 4 #
Draft opinion Paragraph 8 8. Recognises that questions of eligibility need to be addressed, and in that context considers that flexibility should be shown with regard to what precisely constitutes the “several Member States” from which the one million-plus signatures should be drawn; similarly, in line with the practice used for petitions, considers that the possibility of supporting a Citizens' Initiative should be open to all EU citizens
Amendment 5 #
Draft opinion Paragraph 8 8. Recognises that questions of eligibility need to be addressed, and in that context considers that flexibility should be shown with regard to what precisely constitutes the “several Member States” from which
source: PE-418.195
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History
(these mark the time of scraping, not the official date of the change)
2012-02-09Show (5) Changes
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