Tagged: Opinion Advocate General Bobek

Advocate General Bobek on One of us – Legal Clarity vs Political Debate

By Jasmin Hiry

On 29 July 2019, Advocate General Bobek confirmed the General Court’s ruling in One of Us. His opinion in Case C-418/18P Puppinick and Others v European Commission has been much awaited, as it deals with a so far largely unaddressed aspect of the European Citizens’ Initiative (ECI) – the potential outcome of a successful initiative.

Background

The ECI was introduced with the Lisbon Treaty and constitutes the first supranational tool of participatory democracy. It allows one million citizens, from at least one quarter of the Member States to invite 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 (Article 11(4) TEU & Article 7 Regulation 211/2011). Regulation (EU) No 211/2011, which will soon be replaced by Regulation (EU) 2019/788, lays down the concrete procedure and conditions required for an ECI. The procedure consists of three steps – (1) registration, (2) collection of support and ultimately, (3) submission of a successful initiative, which is one that meets the threshold of one million supporters, to the Commission for examination. So far, the case law has largely dealt with the first stage of this procedure (see e.g. C-589/15 P Anagnostakis or C-420/16P Izsák and Dabis). Puppinick, however, is the very first case before the Court of Justice dealing with the outcome of an ECI. Continue reading