It
seems that the European citizens' initiative plays a decorative role
inside the monstrous institutional structure of the EU, in order to
give a 'flavor' of democracy to the citizens. All facts show that the
real power lies in the European Commission, thus in the hands of the
banking and corporate lobbyists.
On the
occasion of an effort by the European citizens to stop the
transatlantic agreements TTIP and CETA - which seems to downgrade
further the democratic procedures and give even more power to the
multinational corporations over the states - the General Court of the
European Union announced on Wednesday that annuls the Commission
decision to refuse to register citizens' proposal.
While with a
first read, the decision appears to be a decisive victory of the
European citizens over the European Commission (which is actually the
top institutional weapon of the lobbyists inside the EU), the
announcement, finally, leaves no doubt that the lobbies are in charge
and literally can ignore citizens.
Indeed, the
announcement
of the European Court specifically points that
“nothing justifies excluding from democratic debate legal acts
seeking the withdrawal of a decision authorising the opening of
negotiations with a view to concluding an international agreement, as
well as acts whose object is to prevent the signing and conclusion of
such an agreement.” and “The aim pursued by the European
citizens’ initiative is to allow EU citizens to participate more in
the democratic life of the EU, in particular, by presenting in detail
to the Commission the questions raised by the initiative, by
requesting that institution to submit a proposal for a EU legal act
after having, as the case may be, presented the initiative at a
public hearing organised at the Parliament, and therefore, by
stimulating a democratic debate without having to await the adoption
of the legal act whose modification or withdrawal is ultimately
sought.”
Yet, right
after these paragraphs, a single sentence is enough to show 'who is
the boss': "... it is for the Commission to decide whether or
not it will accept a European citizens’ initiative ...".
And not only that. The Court claims that because of this fact, the
"principle of institutional balance" is not in
danger!
In simple
words, the European Court actually admits that the lobby-occupied
European Commission is institutionally above European citizens and,
therefore, can ignore them! In essence, this sentence says that
whatever initiative taken by the citizens has no meaning because it
will be cancelled by the lobbies to protect their interests through
the European Commission.
Below, key
parts of the announcement:
The
General Court rejects the Commission’s position according to which
the decision seeking to withdraw from it authorisation to open
negotiations with a view to concluding the TTIP could not be the
subject of a European citizens’ initiative. According to the
Commission, such a decision does not come within the concept of
‘legal act’, because the authorisation itself does not come
within that concept due to the fact that it is preparatory and due to
the absence of effects vis-à-vis third parties.
In
that regard, the General Court notes in particular that the principle
of democracy, which is one of the fundamental values of the EU, and
the objective behind the European citizens’ initiatives (namely, to
improve the democratic functioning of the EU by granting every
citizen a general right to participate in democratic life) requires
an interpretation of the concept of legal act which covers legal acts
such as a decision to open negotiations with a view to concluding an
international agreement, which (like the TTIP and the CETA)
manifestly seeks to modify the legal order of the EU.
The
General Court notes moreover that nothing justifies excluding from
democratic debate legal acts seeking the withdrawal of a decision
authorising the opening of negotiations with a view to concluding an
international agreement, as well as acts whose object is to prevent
the signing and conclusion of such an agreement.
The
General Court rejects the Commission’s argument according to which
the acts envisaged by the proposal at issue would lead to an
inadmissible interference in an ongoing legislative procedure. The
aim pursued by the European citizens’ initiative is to allow EU
citizens to participate more in the democratic life of the EU, in
particular, by presenting in detail to the Commission the questions
raised by the initiative, by requesting that institution to submit a
proposal for a EU legal act after having, as the case may be,
presented the initiative at a public hearing organised at the
Parliament, and therefore, by stimulating a democratic debate without
having to await the adoption of the legal act whose modification or
withdrawal is ultimately sought.
To
admit such a possibility also does not infringe the principle of
institutional balance, in so far as it is for the Commission to
decide whether or not it will accept a European citizens’
initiative which is registered and contains the requisite
signatures by presenting, by means of a communication, its legal and
political conclusions on the initiative, the action it intends to
take, if any, and its reasons for taking or not taking that action.
According
to the General Court, nothing precludes that the action that the
Commission intends to take, if any, may consist in proposing that the
Council adopt the acts sought by the proposal at issue. Contrary
to the Commission’s contentions, nothing prevents, as the case may
be, the institutions of the EU from negotiating and concluding new
draft transatlantic free-trade agreements following the adoption by
the Council of acts which are the object of that proposal.
The full
announcement:
Note that,
by decision of 10 September 2014, the Commission refused even to
register this European citizens' proposal and that the European
citizens' initiative website itself admits that
“The Commission is not obliged to propose legislation as a
result of an initiative.”
It seems
that the European citizens' initiative plays a decorative role inside
the monstrous institutional structure of the EU, in order to give a
'flavor' of democracy to the citizens. All facts show that the real
power lies in the European Commission, thus in the hands of the
banking and corporate lobbyists.
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