European Citizens’ Initiative: Commission decides to register initiative on mutual recognition of final judgments within the EU

Today, the Commission decided to register a European Citizens’ Initiative (ECI) entitled ‘Effective implementation of the concept of judicial precedent in EU countries’.

The organisers of the initiative call on the Commission to introduce a mechanism guaranteeing mutual recognition of final judicial decisions adopted by courts of other Member States on similar or identical matters which require the application of Union law and which have cross-border implications; as well as the option of invoking national judicial precedents decided by the courts of the country in question.

The decision to register is of a legal nature and it does not prejudge the final legal and political conclusions of the Commission on this initiative and the action it will intend to take, if any, in case the initiative obtains the necessary support.

As the European Citizens’ Initiative fulfils the formal conditions established in the relevant legislation, the Commission considers that it is legally admissible. The Commission has not analysed the substance of the proposal at this stage.

Next Steps

Following today’s registration, the organisers have six months to open the signature collection. If a European Citizens’ Initiative receives one million statements of support within one year from at least seven different Member States, the Commission will have to react. The Commission could decide either to take the request forward or not, and will be required to explain its reasoning.

Background

The European Citizens’ Initiative was introduced with the Lisbon Treaty as an agenda-setting tool in the hands of citizens. It was officially launched in April 2012. Once formally registered, a European Citizens’ Initiative allows one million citizens from at least seven EU Member States to invite the European Commission to propose legal acts in areas where it has the power to act. The conditions for admissibility are: (1) the proposed action does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act, (2) it is not manifestly abusive, frivolous or vexatious and (3) it is not manifestly contrary to the values of the Union.

Since the beginning of the ECI, the Commission has received 126 requests to launch a European Citizens’ Initiative, 101 of which were admissible and thus qualified to be registered.