Between discretion and control: Reflections on the institutional position of the Commission within the European citizens' initiative process

Nikos Vogiatzis

doi:10.1111/eulj.12229

Abstract

AbstractThis article considers the institutional position of the Commission within the European citizens' initiative (ECI) process, with particular emphasis on its decision regarding the admissibility/registration of a proposed ECI, and its final decision on the outcome of an ECI which has met the necessary levels of support. The purpose of this contribution is to juxtapose the case‐law of the Court on the Commission's discretion and the relevant provisions of the Treaties with the evolution of European integration and, more specifically, the evolution of the Commission's role therein. Viewed under this prism, the Commission's powers at the registration stage (which in any event clearly fall under the scope of judicial review) are compatible with the constitutionalisation of the Union, whereas the Commission's width of discretion at the follow‐up stage, while compatible with the Commission's prerogatives, cannot easily be reconciled, nonetheless, with the Commission's limited legitimacy when compared to that of the co‐legislators, the fact that it may not always represent the Union interest, and the latter's pragmatic losses within the EU institutional balance.

Highlights

Even the most optimistic proponents of participatory democracy in the European Union (EU) would probably hesitate to claim that the European citizens' initiative (ECI), including its Regulation,1 has generally been a success
This article considers the institutional position of the Commission within the European citizens' initiative (ECI) process, with particular emphasis on its decision regarding the admissibility/registration of a proposed ECI, and its final decision on the outcome of an ECI which has met the necessary levels of support
The decision as to whether or not it will register the initiative,10 further to which the collection of signatures begins, and the decision as to whether or not it will forward the proposals of a successful ECI campaign to the EU legislature

Summary

Introduction

Even the most optimistic proponents of participatory democracy in the European Union (EU) would probably hesitate to claim that the European citizens' initiative (ECI), including its Regulation, has generally been a success. The ECI clearly operates under the overall aegis of the Commission. The latter has to make two crucial decisions that will determine the ‘life’ of a proposed ECI. The decision as to whether or not it will register the initiative (what may otherwise be called the ‘admissibility stage’), further to which the collection of signatures begins, and the decision as to whether or not it will forward the proposals of a successful ECI campaign to the EU legislature (the ‘follow‐up stage’).

Objectives

Conclusion