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Revisiting the Registration of European Citizens' Initiatives: The Evolution of the Legal Admissibility Test

Karatzia, Anastasia (2018) 'Revisiting the Registration of European Citizens' Initiatives: The Evolution of the Legal Admissibility Test.' Cambridge Yearbook of European Legal Studies, 20. 147 - 178. ISSN 2049-7636

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Abstract

According to the main element of the European Citizens’ Initiative (ECI) legal admissibility test set out in Regulation 211/2011, a proposed ECI cannot collect signatures of support if it ‘manifestly falls outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties.’ This contribution argues that the interpretation and application ECI legal admissibility test have developed since the early years of the ECI’s operation, largely due to the CJEU’s intervention in ECI-cases. It analyses the procedural and substantive changes to the test in light of the relevant litigation and the ongoing reform of the ECI’s legal framework. It illustrates that certain contested procedural aspects of the ECI legal admissibility test have been resolved, while the scope of the ECI has been extended to allow Initiatives in the field of international agreements. The article explores the effects of these developments on current and future ECI practice, including the possibility to bring an ECI in the context of the Brexit EU-UK negotiations.

Item Type: Article
Uncontrolled Keywords: Democratic Participation, Court of Justice of the European Union, International Agreements, TTIP, Brexit, European Commission
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 21 Sep 2018 09:12
Last Modified: 28 Jan 2019 13:15
URI: http://repository.essex.ac.uk/id/eprint/23075

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