THEORETICAL ASPECTS ON THE LEGISLATIVE INITIATIVE - RIGHT OF THE EUROPEAN CITIZENS
Keywords:
citizens’ initiative, signatories, declaration of support, organizersAbstract
The Lisbon Treaty states that “Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. The quality as a European citizen offers rights stated for the first time by the Maastricht Treaty. A major novelty in the area of the rights as a European citizen is brought by the Lisbon Treaty which states the right to initiative of the citizen of the Union's Member States. In this regard, the Treaty states that not less than one million citizens who are nationals of a significant number of Member States may take the initiative of 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 for the purpose of implementing the Treaties. The procedures and conditions required for such a citizens initiative shall be determined in accordance with the first paragraph of Article 11 of the Treaty on European Union and Article 24 of the Treaty on the Functioning of the European Union.We wonder what is the purpose of this Union's treaty? Given that the Lisbon Treaty states in general terms this right without studying the procedure itself, the secondary Union regulation is meant to amend the treaty. In this regard, Art 2 of the Regulation explicitly defines the usual terms of the procedure namely, citizens initiative ignatories and organizers.
References
Fuerea, A., (2006), Drept comunitar al afacerilor, Second Edition, Universul Juridic Publishing House, Bucuresti.
Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011
Directive 2004/38/EC of the European Parliament 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 States Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals; EU Official Journal L 329/34 of 30.12.1993
Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals
Decision of the representatives of the Governments of the Member States meeting within the Council of 19 December 1995 regarding protection for citizens of the European Union by diplomatic and consular representations
Green Card on the European citizens initiative, Brussels, 11.11.2009, COM (2009) 622 final Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011.
