In 2005, the Constitutional Treaty was rejected by the citizens of France and the Netherlands in two national referendums. As a consequence of that, Intergovernmental Conference prepared the Treaty of Lisbon. The treaty ratification was delayed due to referendum in Ireland where it was initially rejected in June 2008 by the Irish electorate, a decision which was reversed in a second referendum in October 2009.
On 13 December 2007, the Treaty of Lisbon was signed by all the EU Member States. On 11 November 2009, the European Commission published a Green Paper on the European Citizens' Initiative, launching a public consultation process on the ECI.[5]
The council and the commission came up with a preliminary compromise on 14 June 2010. After it produced several drafts and opinions that were discussed in the Constitutional Affairs and Petitions Committees, the European Parliament, on 15 December 2010, finally voted on the ECI Regulation. After one year of negotiations, all three main EU institutions (the European Commission, the Council and the European Parliament) agreed on a final ECI Regulation, on 16 February 2011.
The legal basis of the citizens' initiative is set out in Article 11, Paragraph 4 of the Treaty on European Union (TEU) and Article 24, paragraph 1 of the Treaty on the Functioning of the European Union (TFEU). Both articles were newly introduced with the Treaty of Lisbon. The ECI complements the existing right of petitioning the European Parliament and the right of appeal to the Ombudsman as set out in the Treaty of Maastricht (1993). Petitions and the ECI are fundamentally different however in terms of function, addressees and conditions.[6]
The practical arrangements, conditions and procedure of the ECI are determined in the Regulation 2019/788 on the European citizens' initiative, which has been applicable since 1 January 2020.[7] Commission Implementing Regulation (EU) No 2019/1779 lays down technical specifications for the ECI's online collection systems.[8]
The regulation 2019/788 replaced the original regulation 211/2011. Initiatives that were registered until 31 December 2019 are still partly governed by the old rules:
• General rules – Regulation (EU) No 211/2011
• Online signature collection – Regulation (EU) No 1179/2011
The new Regulation requires a review by 1 January 2024, and every three years thereafter. In the review process, the commission presents a report on the implementation of the ECI regulation with a view to its possible revision, to which the European Parliament reacts in a report with further recommendations.
Initiatives
Before entry into force
Greenpeace collected one million signatures in December 2010 for a petition, hosted by Avaaz, against the authorisation of new GM crops in Europe.[9] Although Greenpeace has called the petition an ECI in the media, it has never been formally registered with the commission, which would not have been possible before 1 April 2012, and so can therefore not be regarded an ECI, as introduced by the Lisbon Treaty.
First registered initiative
The European Commission chose the symbolic date of 9 May 2012 (Europe Day) to officially launch the first ECI. It turned out to be Fraternité 2020. It was officially registered on 9 May and boasts registration number ECI(2012)000001.[10] The initiative failed to reach the required number of signatures.
First six successful initiatives
Right2Water
On 21 March 2013, Right2Water became the first ECI to collect more than a million signatures and it reached the minimum quota of signatures in seven countries on 7 May 2013. It stopped collecting signatures on 7 September 2013, with a total of 1,857,605 signatures. The initiative was submitted to the commission in December 2013 and its public hearing at the European Parliament took place on 17 February 2014.[11] In March 2014, the commission adopted the Communication in response to the Right2Water initiative.[12] On 1 July 2015, the commission published the Roadmap for the evaluation of the Drinking Water Directive[13] and in February 2018, a proposal for the revision of the Drinking Water Directive. In December 2020, the European Parliament and the Council adopted the revised Directive, which entered into force in January 2021.
The commission has also carried out a number of other actions in response to this initiative.
One of Us
On 28 February 2014, One of Us was submitted to the commission as an ECI, having gathered 1,896,852 signatures (so far the highest number of signatures per ECI). The initiative sought that the EU "establish a ban and end the financing of activities which presuppose the destruction of human embryos, in particular in the areas of research, development aid and public health."[14]
A public hearing on the initiative took place at the European Parliament on 10 April 2014.[15] On 28 May 2014 the European Commission adopted the Communication on the European Citizens' Initiative "One of us".[14]
The commission decided not to submit a legislative proposal since it considered the existing legal framework, as decided by Member States and the European Parliament only a few months before the submission of the ECI, as appropriate. In its Communication, it explained extensively why it considers that there is no need to modify the legal framework.
The One of Us initiative subsequently sued the European Commission, arguing, among other things, that the Commission's refusal to act was not properly argued. The initiative lost before the General Court in April 2018 and on appeal before the Grand Chamber of the European Court of Justice in December 2019.[16]
Stop Vivisection
On 3 March 2015, the third European Citizens' Initiative to gather the required number of signatories, Stop Vivisection, was submitted to the commission. The campaign collected 1,326,807 signatures. On 11 May 2015, a public hearing at the European Parliament took place.[17] On 3 June 2015, the European Commission adopted the Communication on the European Citizens' Initiative "Stop Vivisection"[18] proposing a series of non-legislative follow-up actions.
Ban glyphosate and protect people and the environment from toxic pesticides
The initiative was submitted to the commission on 6 October 2017. By that date, 1,070,865 signatures from 22 Member States had been
checked and validated. The commission adopted a communication on 12 December 2017, setting out the actions it intends to take in response to the initiative.[19]
On 11 April 2018, the commission adopted a proposal for a Regulation on transparency and sustainability of the EU risk assessment in the food chain. The Regulation[20] was adopted by the European Parliament and Council in June 2019. The new legislation started applying on 27 March 2021.
A package of 9 proposals (initially 11, 2 blocked by the commission) aiming "to improve the protection of persons belonging to national and linguistic minorities and strengthen cultural and linguistic diversity", and submitted to the commission on 10 January 2020. Supported by FUEN.[21] The European Parliament organised a hearing[22] on 15 October 2020. On 14 January 2021 the commission responded[23] by referring to a series of non-legislative follow-up actions.
End the Cage Age
Over the course of one year, many scientists, companies and more than 170 NGOs supported the ECI, aiming at a phase out of caged farming in the European Union. They succeeded in collecting almost 1.4 million signatures, by emphasising the need for a prohibition of cages for farmed rabbits, pullets, broiler breeders, quail, ducks and geese. Furthermore, the organisers demand a prohibition of farrowing crates for sows and sow stalls, as well as a prohibition of enclosed calf pens. Almost 1.4 million signatures have been gathered, as certified in October 2020.[24] In response to this initiative, the Commission committed to propose legislation to phase out, and finally prohibit, the use of cage systems for the animals mentioned in the ECI by the end of 2023.[25] This deadline was not met, leading to legislative action.[26]
On-going ECIs
The updated list of initiatives registered by the commission and currently collecting support is available in the commission's ECI register.[2]
Ban on conversion practices in the European Union
The European Citizens' Initiative "Ban on conversion practices in the European Union" is led by LGBTI+ associations from all over the European Union, and coordinated by the French association ACT (Against Conversion Practices). This initiative calls on the European Commission to ban "conversion practices" in all its member states and to recognize the rights of conversion practices victims. It was registered on the 24th of January by the European Commission. The petition campaign started on the 17th of May 2024 and will end on the 17th of May 2025.
Refused ECIs
While most ECIs have been approved, a few have been refused, as they did not meet the requirements for registration. Out of 99 ECIs requests for registration submitted between 2012 and 2020, 76 initiatives were registered (with three registered after a court sentence after an original refusal) and 26 were refused. Three of the originally refused initiatives have been registered after a court sentence annulled the initial refusal. The updated list of refused requests for registration ECIs is available in the commission's ECI register[27]
Examples:
A European Citizens Initiative campaigning to phase out nuclear energy in the EU – My voice against nuclear energy;[28][29]
A European Citizens Initiative to recommend singing the European Anthem in Esperanto;[30]
A European Citizens Initiative to stop TTIP.[31] The alliance of organisations behind the petition have submitted a complaint in the European Court of Justice against this decision of the European Commission.[32][33] On 10 May 2017, the European Court of Justice ruled the petition legitimate.[34] The European Commission approved the initiative's registration on 4 July 2017 and reopened the signature collection on 10 July 2017.[35]
Withdrawn ECIs
A number of ECIs have decided to withdraw after being approved, for various reasons. Their list is available on the commission's ECI register.[36]
There are a few steps absolutely necessary to organise an ECI:[38][39]
Step 1: Prepare the initiative and set up a citizens' committee: the members of this committee (at least 7 EU citizens, who must live in at least 7 different EU countries, old enough to vote in European Parliament elections) designate from among them a representative and a substitute to speak and act on its behalf vis-à-vis the commission;[40]
Step 2: Registration of the ECI in one of the 23 official EU languages on the commission's website (answer of the commission within two months);[41]
Step 3: For the use of an online signature collection get your system certified (by national authorities, answer within 1 months);[42][43]
Step 4: Collection of statements of support (max. 12 months): you need to have a minimum number of signatories in at least seven EU countries on the way to 1 million (see the thresholds for each country in the table below).[44] This minimum numbers correspond to the number of the Members of the European Parliament elected in each Member State, multiplied by 750.[37]
Step 5: Get statements of support in each EU country certified by the national authority (answer within 3 months);[45][46]
Problems in the design of the ECI have heavily burdened ECI campaigners in the process. These include legal constraints (such as liability issues over data protection and insufficient advice regarding the appropriate legal basis of ECIs), technical issues (the online collection system is not user-friendly and does not let campaigners access email addresses of signatories to keep them informed), and bureaucratic hurdles (each member state has different data requirements and signature forms). Very few citizens are aware that the ECI exists. Moreover, there is little guarantee that a successful ECI will have an actual impact on EU legislation, as the three first 'successful' ECIs have shown.
The review process will offer a reflection over the successes and failures of the ECI during its first three years. Many civil society organisations, ECI organisers and Members of the European Parliament are advocating for a major reform of the ECI regulation.[48][49]
The ECI Campaign, an organization exclusively working for the successful introduction and implementation of the European Citizens' Initiative right, has proposed 12 concrete ways to make the ECI work. Those suggestions were the result of the publication entitled "An ECI That Works. Learning from the first two years of the European Citizens' Initiative".[50]
In order to support and help ECI organizers The ECI Campaign offers a new and improved software to collect signatures called OpenECI.
The ECI Support Centre, a joint initiative of Democracy International, the European Citizen Action Service and the Initiative and Referendum Institute Europe, has developed an 'App' for Android smartphones, which informs users of the latest European Citizens' Initiatives. The Centre recommends the EU Commission to develop an ECI-App, which should enable mobile signing and can help raise public awareness of the ECI.[51]
The online signature collection system
The ECI process allows organizers to also collect statements of support online. The first versions of the software provided by the European Commission have been heavily criticized by some developers.[52][53] Some organisers have also criticized the security regulations regarding the ECI collection process and the number of technical errors during the collection period.[54] In 2016, a new, fully bottom up online collection software has been provided by The ECI Campaign.[55]
Reform process 2015–2016
According to the ECI Regulation 211/2011 every three years the commission shall present a report to the European Parliament and the council on the application of the Regulation. In mid-2014, the European Parliament presented a new ECI study entitled "European Citizens‘ Initiative – First lessons of implementation". The analysis was conducted at the request of the AFCO and PETI Committees, and tried to identify difficulties faced by organisers when setting up and running an ECI.[56]
In October 2014 Mr. Frans Timmermans became the newly elected commissioner responsible for the ECI. During the question and answer session in the European Parliament he avoided giving any concrete answers regarding the use or reform of the ECI.[57] A few weeks later The ECI Campaign organised a workshop "An ECI For the Next Generation". Many participants felt that the ECI was "at a crossroad" and needed reform.[58]
In December 2014 the European Citizen Action Service (ECAS) and the European Economic and Social Committee (EESC) organised a conference entitled "ECI Legal Framework – Need for Reform?". During the conference the findings and recommendations of a study undertaken by ECAS and the law firm Freshfields Bruckhaus Deringer on the legal basis of the refused ECIs were presented and discussed.[59] The overall conclusions of the study are that the legal admissibility requirements are applied in a too narrow fashion by the commission, that decisions to refuse registration were arbitrary and that reasons given for rejection were often incomplete.
On 26 February 2015, the Constitutional Affairs (AFCO) and Petitions (PETI) committees of the European Parliament organised a public hearing on the European Citizens' Initiative (ECI). This marked the official start of debate on the review of the ECI regulation. Despite security restrictions limiting attendance, the hearing attracted a standing-room only crowd. Present were key ECI stakeholders: the European Commission, Parliament and Council, EESC, civil society organisations and ECI organisers. Three and a half hours of discussion led the participants to the conclusion that the ECI needed reform.[60] Speaking at the hearing, Frans Timmermans, First Vice-president of the European Commission, stated that the ECI has not worked well enough and took personal responsibility to improve it so that it would not disappear.[61]
In March 2015 the European Ombudsman, Emily O'Reilly, made proposals to strengthen the role that ECI play in democratic political debate at the European level. The Ombudsman called for better guidance for ECI organisers, a stronger involvement of the European Parliament and the council and increased pressure on the Member States to make sure that all EU citizens can sign an ECI, regardless of where they reside. Emily O'Reilly explained in her statement: "The Commission has done a lot to give effect to the ECI right in a citizen-friendly way. However, more can be done to ensure that ECI organisers feel that their efforts to mobilise one million signatures are worthwhile and that political debate at the European level takes account of their initiatives, even if specific initiatives do not lead to new EU legislation. We need a more effective dialogue with ECI organisers at different stages of an initiative as well as more transparent decision-making as regards what action the Commission takes on ECIs."[62] The Ombudsman's full list of suggestions is available online.[63]
On 13 April 2015, third edition of the "ECI Day" took place in the European Economic and Social Committee. The conference was entitled "Review, Renew, Reset!" and focused on the EC's and Ombudsman's reports.[65] During the event The ECI Campaign presented an open letter to European Commission First Vice President Frans Timmermans, signed by 21 ECI campaigns. It called on the commission to propose a deep and meaningful amendment to the ECI's Regulation 211/2011.[66]
In consequence of the above-mentioned conferences and reports Members of European Parliament (MEPs) on the Constitutional Affairs (AFCO) and Petitions (PETI) committees started to draft a report calling for a motion of the European Parliament on the European Citizens' Initiative (ECI). It asks the commission to consider several ways to make the ECI both more impactful and easier to use. AFCO Rapporteur MEP György Schöpflin presented the draft ECI report for discussion on 16 April 2015 AFCO committee meeting. During a lively 45 minute debate, many MEPs expressed their commitment to reform and strengthen the ECI. In consequence, after 2 months of in-depth analysis over 20 members of the AFCO committee came up with 127 amendments to the draft report. Additionally, PETI and JURI committees presented their own opinions on the ECI.[67][68]
On 16 June 2015, the Latvian Presidency of the Council of the EU, the Council General Secretariat and The ECI Campaign brought together stakeholders from EU institutions, member states and civil society to reflect on the future of the ECI. This was the first ECI conference hosted in the premises of the EU Council. Stakeholders expressed deep concern that ECI use declined dramatically since 2013 and that no ECI led to a legislative proposal. All agreed that the ECI is unnecessarily complex. Participants noted that significant changes to ECI procedures are urgently needed if citizen confidence in the ECI is to be restored and it is to fulfil its promise of participatory democracy.[69]
Differences from referendums
Citizen initiatives are democratic mechanisms that let citizens propose and vote on laws and policies. By gathering a certain number of signatures, citizens can demand a binding vote on a proposed policy or legislation. With the European Citizens' Initiative, citizens can invite the commission to look at the proposed policy or legislation; it is not obliged to act. Citizen initiatives differ from referendums in which citizens only can accept or reject a law or policy proposed by parliament. Also, it has been stated by the European Commission that an ECI can only be the subject of the acceptance/creation of a law, but it cannot ask to reject a law.[70]
European Citizens’ Initiative – in that section: What is the ECI? / Open ECIs / Closed ECIs / Rejected ECIs / An overview of the first 2 years of the European Citizens' Initiative
ECIs on the commission's website:
Closed (finalised) initiatives:
Collection closed – collection is closed, not (yet) submitted to the commission
Insufficient support – did not gather the required number of signatures within the 1-year time limit
Refused initiatives:
Refused requests for registration – did not comply with the conditions according to Art.4(2) of the Regulation on the ECI, with the negative commission's replies
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