Taking The Initiative
It might not be the best thing to start a post with, but I’ve come to a conclusion: the citizens’ initiative, currently being fleshed out by various civil servants and politicians in Brussels, is not really all that much about citizens. My conclusion has been prompted by the changes that the Council of Ministers has proposed to the draft regulation that will set out how the whole thing will work.
“… and enhances further the democratic functioning of the Union by providing inter alia that every citizen shall have the right to participate in the democratic life of the Union and 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.”
Extract from the proposal for a Regulation on the citizens’ initiative.
A bit of background first: the Lisbon Treaty included a provision for a citizens initiative, essentially being a petition by individual citizens to get whatever the issue at stake might be, considered by the Commission. Lisbon however, left most of the detail for later. Now is later, and the details are here.
With the current Council proposals, a minimum number of citizens (in proportion to the number of MEPs from a state), in at least one third of member states, will need to sign the initiative for it to be accepted. I don’t know about you, but I certainly would struggle as an ordinary European Citizen to pull off something like that. Even with a movement of some form behind the issue being dealt with, it’d take a lot of international coordination (I’d say more than Twitter could achieve) to get the initiative off the ground, let alone successfully submit it to the Commission. There’s also a slightly sinister provision that, “the Commission should reject the registration of proposals which would be manifestly against the values of the Union.” From a legal perspective, that’s not too controversial a statement. It means that initiatives which contradict the positive and sunny opening articles of the treaties—where all the good things the EU wants to do and thinks are important are laid down—would be dismissed without the Commission having to publish the initiative on its website, or give it any serious thought at all. From a non legalese point of view though, the language is unfortunate. Politically, it could be thrown back at the EU, for it reserving the right to dismiss things based on values that it, not the people, decides. And to citizens thinking of organising an initiative, it is as clear as mud in its meaning.
The citizens initiative, as it is being proposed now, needs someone with a fairly well developed knowledge of how the EU works. Most people don’t have that sort of knowledge about their own political systems, but they aren’t barred at the door for that ignorance. In Scotland, ordinary people (am I using that term too much now?) can start or participate in a petitions system which triggers discussion on the topics in a committee of the Scottish Parliament. Knowledge of the intricacies of this system, and a reading of the Scotland Act to determine the details of reserved and devolved powers. or the ‘values’ of Scotland, isn’t needed. An interest in a political issue (and isn’t everything political?) and an understanding of how to get people to sign a petition means that any person in Scotland can “participate in the democratic life of the” country, to borrow a few words from the Council’s suggestions.
The Citizens’ Initiative will be pretty good for some though. Lobbying groups, NGOs, and campaigning networks will love this. It offers a way to get the EU to, at the very least, think about something. This is good to some extent, but it means that it is wrong to go about thinking that having this wonderful Citizens’ Initiative helps to lessen the democratic deficit of the EU. I still support the idea of the initiative, but it is not something that many ordinary citizens will ever have a chance of using to further a cause dear to their hearts.






