European Citizens’ Initiative: Legal Definition and Fundamental Principles
Die European Citizens’ Initiative (ECI) is a participatory instrument at the level of the European Union, which grants citizens of the EU, pursuant to Article 11(4) of the Treaty on European Union (TEU) and Regulation (EU) 2019/788 (ECI Regulation), the right to invite the European Commission to submit a legislative proposal on a subject of their choice. The ECI has been legally effective since April 1, 2012. It serves to implement democratic participation at the supranational level and enables citizens to actively influence European legislation.
Legal Framework
Legal Basis
The decisive legal bases of the European Citizens’ Initiative are:
- Treaty on European Union (TEU), Article 11(4)
- Treaty on the Functioning of the European Union (TFEU), Article 24
- Regulation (EU) 2019/788 of the European Parliament and of the Council on the European Citizens’ Initiative (replaced Regulation (EU) No 211/2011 as of 1 January 2020)
Objective and Purpose
The European Citizens’ Initiative aims to promote participatory democracy within the European Union by providing Union citizenship with effective means to help shape the political agenda of the European Commission.
Process and Requirements of a European Citizens’ Initiative
Initiation of an Initiative
To launch a European Citizens’ Initiative, it is first necessary to create a citizens’ committee consisting of at least seven Union citizens residing in at least seven different EU Member States (Art. 5(1) ECI Regulation).
Registration and Admissibility Assessment
Before collecting signatures, the initiative must be registered on the Commission’s online portal. Within two months the Commission will examine:
- Whether the initiative is admissible.
- Whether it is not manifestly outside the framework of the Commission’s powers.
- Whether it respects the values of the EU and the existing legal order.
A rejection must be issued in writing and with reasons. An appeal against the decision may be brought before the Court of Justice of the European Union.
Collection of Statements of Support
For a successful European Citizens’ Initiative, a country-specific minimum number of statements of support must be collected in at least seven Member States and in total at least one million signatures are required (Art. 7 ECI Regulation). The minimum age for supporters is generally the voting age for the European Parliament elections.
Review Procedure and Consequences
Once the necessary number of supporters has been reached, the signatures are submitted to the competent national authorities for validation (Art. 12 ECI Regulation). Subsequently, the citizens’ committee forwards the certified initiative to the European Commission.
The Commission is legally obliged to examine the initiative, submit a legislative proposal if appropriate, and explain in detail the reasons for the actions taken (Art. 15 ECI Regulation). There is, however, no binding legal entitlement to a legislative initiative.
Substantive and Formal Requirements
Scope of Issues
A European Citizens’ Initiative may address any issue for which the EU Commission is authorized to submit legislative proposals, such as in the fields of environment, consumer protection, fundamental rights, the internal market, or agriculture. Matters reserved exclusively to the Member States, such as national security issues, are excluded.
Formal Requirements
The initiative must include the following information:
- The title and purpose of the initiative
- A detailed substantive description
- The legal basis for the Commission’s action
- The identity of the members of the citizens’ committee
The text must be provided in at least one official language of the EU.
Data Protection and Oversight
The collected personal data must be processed in accordance with the General Data Protection Regulation (GDPR) and national provisions. National authorities check the validity of statements of support based on recurrently prescribed minimum standards for fraud prevention.
Legal Consequences and Significance of the European Citizens’ Initiative
Binding Effect for the Commission
A successful European Citizens’ Initiative obliges the European Commission to issue a formal response within six months, which must be made public. This response must state whether and what further steps are being taken, in particular whether a legislative proposal is being prepared, and, if not, for what reasons this is being omitted.
Involvement of the European Parliament
The initiators of a successful European Citizens’ Initiative are invited to present their proposals at a public hearing in the European Parliament. On this basis, the Parliament may address the issue politically, but it does not have any original co-decision rights within the ECI framework.
Oversight and Legal Protection
Decisions of the Commission regarding the registration or rejection of an initiative are subject to legal protection before the Court of Justice of the European Union. Appeals against a rejection can be examined for illegality or errors of discretion.
Practical Relevance and Examples
The European Citizens’ Initiative is a central element of direct democracy at EU level. The most well-known initiatives include:
- Right2Water – Access to clean drinking water as a human right
- Stop Glyphosate – Ban on the pesticide glyphosate
- End the Cage Age – Ban on cage farming of farm animals
The effectiveness of the European Citizens’ Initiative as an instrument to shape European policy varies. While it has initiated legislative changes in several cases, there is no entitlement to legislative implementation of the demand.
Conclusion
The European Citizens’ Initiative is an innovative, EU-wide standardized participation instrument that strengthens the democratic involvement of citizens in the political decision-making process within the European Union. The detailed design of the legal requirements and the structured procedure ensure a high degree of legitimacy and transparency. The European Citizens’ Initiative is thus an effective, albeit non-binding, instrument for participating in the integration process of the European Union.
Frequently Asked Questions
What legal requirements must organizers meet to submit a European Citizens’ Initiative?
Organizers of a European Citizens’ Initiative must first form a citizens’ committee made up of at least seven adult citizens of the European Union. These individuals must reside in at least seven different EU Member States. The citizens’ committee acts as the legally responsible body for the initiative. It is legally required that each member of the committee provides information regarding identity, residence, and a contact address. In addition, a European Citizens’ Initiative may not pursue an objective that is clearly outside the powers of the European Commission under its legislative competences according to the Treaties of the European Union. Organizers must also submit documents such as the planned legislative proposal, a detailed justification, and relevant legal grounds. After a legal review by the Commission, the official registration of the initiative takes place in the event of a positive assessment.
To what extent is the collection of personal data by the organizers of a European Citizens’ Initiative subject to data protection regulations?
The collection, storage, and processing of personal data in the context of a European Citizens’ Initiative is strictly subject to the provisions of the EU General Data Protection Regulation (GDPR) and the provisions of Regulation (EU) 2019/788 on the European Citizens’ Initiative. Organizers are required to notify the competent data protection authorities of each Member State before beginning the collection. They must provide evidence that all data are securely stored and unauthorized access is prevented. After completion of the procedure, the personal data must be deleted no later than one month after submission of the collected statements of support to the competent authorities, and in any case no later than 12 months after. In addition, signatories must be transparently informed about the type, scope, and purpose of the data collection.
What legal requirements apply to the collection of statements of support in the Member States?
The collection of statements of support for a European Citizens’ Initiative must be carried out according to strictly stipulated legal requirements. Every signature or electronic statement of support must meet the specific requirements of the respective Member State; in particular, this concerns the information provided regarding the identity of the supporting individual and any special formal requirements, such as identity numbers or date of birth. Electronic signatures must be collected via the Commission’s recognized Online Collection System (OCS), which is certified and regularly reviewed. The maximum period for collecting all statements of support is 12 months from the official start of collection.
Who is legally eligible to support a European Citizens’ Initiative?
Legally eligible to support a European Citizens’ Initiative are all nationals of an EU Member State who have reached the voting age for the European elections. In most Member States, the required minimum age is 18 years, in Austria for example 16 years. Each person may support an initiative only once. Organizers are required to implement appropriate mechanisms to prevent double signatures and to verify citizen status. Statements of support from people who do not meet these requirements have no legal effect and are rejected by the authorities during the review process.
How are the collected statements of support legally verified and confirmed?
After the collection phase, organizers must submit the statements of support to the competent authorities in the respective Member States. Each national authority verifies whether the statements of support meet the legal requirements. This particularly concerns the verification of identity, the observance of the minimum required age, and citizenship status. Incomplete or incorrect information leads to the invalidity of the respective statement of support. After verification, the citizens’ committee receives a formal confirmation from each affected Member State indicating the number of valid statements of support.
What legal remedies are available to organizers of a European Citizens’ Initiative?
Organizers of a European Citizens’ Initiative have various legal avenues to challenge rejections or procedural actions of the Commission. If the registration is rejected or in case of later decisions by the Commission, organizers have direct access to the General Court of the European Union (GCEU). They are also entitled to lodge a complaint with the European Ombudsman if procedural errors or violations of procedural rights are suspected. National legal remedies are available to organizers in the context of the review and confirmation of statements of support by national authorities.
What legal consequences may result from a violation of the procedural rules of the European Citizens’ Initiative?
Violations of the procedural rules—such as regarding data protection requirements, manipulation of statements of support, unlawful collection, or false information provided by the organizers—can have serious legal consequences. This may include, in particular, non-recognition or deletion of the initiative, loss of legal personality of the citizens’ committee as well as, in specific cases, civil and criminal liability of the individuals involved. Furthermore, the European Commission reserves the right to initiate legal action in case of abuse. National authorities may also impose sanctions such as fines or exclusion from further participation.
