European Papers (Aug 2017)
Positioning Efler in the Current Narrative of European Citizens' Initiatives
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 749-758 | European Forum Insight of 1 August 2017 | (Table of Contents) I. Introduction. - II. An ECIs' overview. - III. The Efler case. - IV. Concluding remarks: an assessment and a step forward. | (Abstract) Efler (General Court, judgment of 10 May 2017, case T-754/14, Efler et al. v. Commission) is the last in a stream of cases dealing with the European Citizens' Initiative (ECI). This Insight seeks to position Efler in the current narrative of ECIs taking into account the Commission's powers - as well as the boundaries thereto - to register an ECI, in the light of the case law of the General Court. Therefore, this Insight will be structured as follows. Firstly, it will offer an overview of the current state of affairs regarding ECIs, with a particular emphasis on the case law of the General Court concerning the registration stage of an ECI. Secondly, it will tackle the peculiarity of the Efler case, to the extent that the General Court focussed on the concept of legal act to implement the Treaty. Thirdly and in conclusion, it will argue that Efler is a welcome development in the narrative of ECIs given that it could very well have a positive impact on the revision of Regulation 211/2011, making the registration procedure more citizen-friendly. However, the broad understanding of the notion of legal act offered by the General Court could even open the gates to a flow of unrealistic and unreasonable ECIs.
Keywords
