Reception to TEAM Study Tour
Spain’s REPER, Brussels, April 7th 2010
On the
Outlook for
Citizen Participation
in Europe
A Spanish View
Dr. Javier A. González Vega
Education Counsellor Spain’s EU REPER
(Professor of Public International Law and
European Law , University of Oviedo)
Summary
1.
2.
3.
4.
5.
The European identity: a view from
the citizens
The European Citizenship
Lisbon Treaty Innovations to enhance
EU Citizenship and Citizen
Participation
The goals of Spanish Presidency on
EU Citizen Participation
The European Commission Proposed
Regulation on ECI (March, 31th 2010)
1.- The European identity: a view from the citizens
• The Debate on European Identitity: a fruitless
(and “theological”) question
• In spite of this, from citizens perspective there is
an increasing perception of the european identity
and citizenship (dual –State/EU- citizenship)
• …and events -like this one- confirms this (right)
way
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On the Outlook for Citizen Participation in Europe: A Spanish view
2.- The European Citizenship
• A new status civitatis “europaea”…
• …with rights (to circulate, to live in EU area, to
vote, petitionning, etc) ….
• …and duties…
• …but with limits (individuals should be EU member States
nationals- nationality requirement)
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On the Outlook for Citizen Participation in Europe: A Spanish view
3.- Lisbon Treaty innovations to enhance EU Citizenship and
Citizen participation (i)
• To foster EU Citizenship, Lisbon Treaty
provisions includes:
– The binding character of EU Charter on Fundamental Rights
(that previously innovates in EU citizens rights e.g. right to
good administration)
– The EU Accesion to the European Convention on Human
Rights (Rome Convention 1950)
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On the Outlook for Citizen Participation in Europe: A Spanish view
Article 6 TEU
•
•
•
•
•
6
1. The Union recognises the rights, freedoms and principles set out in the
Charter of Fundamental Rights of the European Union of 7 December 2000,
as adapted at Strasbourg, on 12 December 2007, which shall have the
same legal value as the Treaties.
The provisions of the Charter shall not extend in any way the competences
of the Union as defined in the Treaties.
The rights, freedoms and principles in the Charter shall be interpreted in
accordance with the general provisions in Title VII of the Charter governing
its interpretation and application and with due regard to the explanations
referred to in the Charter, that set out the sources of those provisions.
2. The Union shall accede to the European Convention for the Protection of
Human Rights and Fundamental Freedoms. Such accession shall not affect
the Union's competences as defined in the Treaties.
3. Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they result
from the constitutional traditions common to the Member States, shall
constitute general principles of the Union's law.
On the Outlook for Citizen Participation in Europe: A Spanish view
3.- Lisbon Treaty innovations to enhance EU Citizenship and
Citizen participation (and ii)
• Participatory Democracy : arts. 10.3 and 11 TEU
(consolidated version):
– The right to participate: transparency and subsidiarity (art.
10.3 and 11.3 TEU)
– Institutions-Civil society Dialogue (art. 11.1 and 2 TEU; art.
302 .2 TFEU)
• Direct Democracy : art. 11.4 TEU (consolidated
version):
– European Citizenship Legislative Initiative (art. 11.4 TEU)
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On the Outlook for Citizen Participation in Europe: A Spanish view
Art. 10.3 TEU
• “Every citizen shall have the right to
participate in the democratic life of
the Union. Decisions shall be taken
as openly and as closely as possible
to the citizen”.
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On the Outlook for Citizen Participation in Europe: A Spanish view
Art. 11.1-3. TEU
• 1. The institutions shall, by appropriate means,
give citizens and representative associations the
opportunity to make known and publicly
exchange their views in all areas of Union action.
• 2. The institutions shall maintain an open,
transparent
and
regular
dialogue
with
representative associations and civil society.
• 3. The European Commission shall carry out
broad consultations with parties concerned in
order to ensure that the Union's actions are
coherent and transparent.
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On the Outlook for Citizen Participation in Europe: A Spanish view
Art. 11.4. TEU (emphasis added)
• 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 21 of
the Treaty on the Functioning of the European
Union*
» * “ordinary legislative procedure” (ancient -“codecision”– art. 251 TEC- procedure).
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On the Outlook for Citizen Participation in Europe: A Spanish view
4.- The goals of Spanish Presidency on EU Citizen participation:
“A Europe of rights and freedoms, A Europe for all citizens”
• A more democratic Europe with the participation of its citizens the popular legislative initiative
• The Charter of Fundamental Rights, a further guarantee for its
citizens
• Accession to the European Convention for the Protection of
Human Rights and Fundamental Freedoms
• Reinforcing Europe’s social dimension
• Fighting against gender-based violence
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On the Outlook for.Citizen Participation in Europe: A Spanish view
5.- The European Commission Proposed Regulation on ECI (March,
31th 2010)
The purpose of the proposed Rules is to ensure that:
• citizens' initiatives are a true representation of EU public opinion (i.e. in a sufficient number of EU countries)
• the rules are simple and user-friendly, so people can support initiatives easily
• the rules are not an extra burden on EU governments
• signatures are genuine.
The key features of the proposed rules are:
• Supporters of citizens initiatives must come from at least one third of EU countries.
• Signatories must be of voting age for European Parliament elections.
• People should be able to sign up anywhere – in the street, by post or online.
• Security features should be put in place to ensure people supporting an initiative online are genuine.
• Initiatives should be checked to ensure they concern policy areas where the EU has powers to act. The
national authorities would then verify signatories’ statements of support.
• If an initiative meets these rules, the Commission would decide on the next steps:
–
–
–
further study of the issue
proposing new EU laws
no action (if it doesn't consider the citizens' proposal appropriate)
• Whatever action the Commission takes, it will explain publicly why.
•
*The Rules would come into effect at the best by the end of 2010 – if approved by the EU Council and European
Parliament, according to the Ordinary Legislative Procedure established at art. 21 TFEU..
More information at the websites:
<http://ec.europa.eu/dgs/secretariat_
general/citizens_initiative/>
<http://www.eu2010.es/en/index.html>
Thank you for your attention!
Merci!
Děkuji!
Viele danke!
Dank U!
Dziękuję!
Grazie!
Hvala!
Aitäh!
Köszönöm szépen!
Obrigado!
Kiitos!
Paldies!
Gràcies!
Ευχαριστω!
Tack!
Grazzi!
Mult'umesc foarte mult
Eskerrik asko!
Go raibh maith agat!
Благодаря!
¡Gracies!
Ačiū!
¡Graciñas!
Ďakujem!
¡Gracias!