Initiative for Europe Handbook 2008

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INITIATIVE FOR EUROPE In sharp contrast to earlier treaty ratification processes, it was now not just a few countries (such as e.g. Denmark and Ireland) which announced their intention of holding a referendum vote on the CT. By the beginning of 2005, almost half of the member states – representing a majority of the 450 million EU citizens – had promised to put the Constitutional Treaty to a popular vote 1 . However, after the “non” and “nee” majorities in the French and Dutch referendums, all the other popular votes were postponed. In Estonia and Finland, the parliaments still opted to vote for the Constitutional Treaty in 2006. Timeline: On the Way to a Reform Treaty for Europe When? Where? What? June 6, 2001 Ireland Irish voters says “nay” to the Nice Treaty June 14/15, 2001 Gothenburg Violent clashes and riots at the EU/US Summit December Laeken EU heads of state and government agree on 13/14, 2001 convention method for Treaty revision February 28, Brussels Former French President Valéry Giscard d’Estaing 2002 opens the Convention on the Future of Europe June 13, 2003 Brussels Convention delivers draft “Treaty to establish establish a European Constitution” May 1, 2004 Europe Accession of ten new EU member states after referendum votes in 9 of them October 29, Rome EU heads of state and government sign the EU 2004 constitutional treaty (CT) which includes an initiative right for one million citizens from several member states 2005/2006 Europe 18 member states ratify the CT, 2 do not ratify, 7 are still waiting January 1, Europe Accession of Romania and Bulgaria as new member 2007 member states of the EU June 23, 2007 Brussels Under the German EU-presidency the Council agrees to put the treaty-making process back on track So by the beginning of 2007, only 18 out of 27 member states had ratified the proposed constitutional treaty. The envisaged deadline on November 1, 2006 had been missed and under the German EU Presidency a strategy for the establishment of a “reformed” Treaty was set up and led to a dramatic summit meeting in Brussels at the end of June. At this summit several features of the Constitutional Treaty which had been criticized were deleted or amended, the new voting rules in the European Council were given a long transition period until 2014-17, and some countries received additional opt-out rights. What was important, though, was the fact that at the Brussels summit no member states challenged 1 Spain (Feb 20, 2005), France (May 29, 2005), Netherlands (June 1, 2005), Luxembourg (July 10, 2005), Denmark, Poland, Ireland, UK, Portugal, Czech Republic 7
INITIATIVE FOR EUROPE what are probably the most innovative parts of the Constitutional Treaty. It had stipulated, among other things, the equality of representative and participatory democracy (Art. I-45), the right to participate in the democratic life of the Union for all citizens (Art. I-46), and – its most concrete measure – the establishment of the European Citizens’ Initiative (Art. I-47). The article reads: "A significant number of citizens, no less than one million, coming from a significant number of Member States, may take the initiative of inviting the Commission within the framework of its power, to submit an appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing this Constitution. A European law shall determine the provisions for the specific procedures and conditions required for such a citizens' initiative, including the minimum number of Member States from which they must come." 2 For the very first time in history citizens were to get the right to be involved in setting the political agenda beyond national borders. This represented an attempt by the EU to overcome the limitations of indirect democracy and to open a perspective of “primary” democracy in Europe (Schiller, 2005). The provision would introduce a mechanism which focuses on specific policy issues and allows citizens to act as agenda-setters and – in the case of the constitutional referendums – as decision-makers. The historic novelty is that the EU is trying to combine transnational with direct democracy. The double rejection of the CT in France and the Netherlands acted as a catalyst for EU leaders to start looking for the right procedures in the appropriate democratic forms. As a first step, the EU institutions could try to introduce the right of initiative provided for in the constitution. It has the power to generate both horizontal and vertical political relationships, which have been neglected so far in Europe. As mentioned above, under Part I, Title VI of the Treaty establishing a Constitution for Europe – “The Democratic Life of the Union” – the principle of an equality between indirect and direct democracy was postulated. A special article (Art. I-107.4) was dedicated to “participatory democracy”. It sets out the terms of reference for a “European citizens’ initiative”. European regulations are to determine the provisions for the procedures and conditions required for such a citizens’ initiative, including the minimum number of EU member states from which such citizens must come. If implemented, this new “initiative right” would be the very first directdemocratic instrument at a transnational level, offering citizens an equivalent to the European Parliament’s and the European Council’s right to request legal action by the Commission. However, the EU Commission will retain its formal monopoly to initiate EU legislation, and the citizens’ initiative right will not – unlike initiative rights in countries such as the Slovak Republic or Slovenia – trigger a referendum process. 2 Art. I 47.4 8
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