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  The European Citizens' Initiative: Caught between Executive Dominance and Judicial Restraint?Hiry, Jasmin  in Jancic, Davor (Ed.) The Changing Role of Citizens in EU Democratic Governance (2023) Launched as a tool of participatory democracy, the European Citizens’ Initiative (ECI) raised great hopes to make the Union more accessible. However from the very beginning, the procedures and conditions ... [more ▼] Launched as a tool of participatory democracy, the European Citizens’ Initiative (ECI) raised great hopes to make the Union more accessible. However from the very beginning, the procedures and conditions of the ECI have been beset with problems. Its early years are characterized by the struggle to determine the registration requirements to be fulfilled by organizers. With the recent legislative revision of Regulation No 211/2011 and the CJEU’s jurisprudence, these requirements have become more lenient - leading to an increase in registered ECIs. In recent years, it is exactly this increase that has reinforced the ultimate question of the citizens’ initiative - which actions must or should the Commission take subsequent to a successfully submitted initiative. In an attempt to contribute to the discussion, the present chapter analyses both the legislative framework in this regard as well as the Court’s interpretation thereof. It shows that the ECI in terms of its outcome is currently caught between a dominant Commission defending its holy grail of the right of initiative, and a Court, which so far has shown little activism to grant anything more than a reasoned opinion to organizers of a successful ECI. With the ongoing political debate and the call to elevate a successful ECI to a right to trigger the process of adopting Union acts, the pressure on the legislature is increasing. It is in this context that this chapter reflects on potential ways forward, their effectiveness in terms of concluding the debate, and the likeliness of being politically accepted. [less ▲] Detailed reference viewed: 51 (1 UL) A Concept of the Public Function in EU Law?Hofmann, Herwig ; Hiry, Jasmin in Gamero Casado, Eduardo (Ed.) Administrative Public Power: A Comparative Analysis in European Legal Systems (Öffentliche Verwaltung, Public Function, Puissance Publique, Potestà Amministrativa, Potestad Administrativa, Władza Publiczna) (2022) In national legal systems, the concepts of ‘public power’ and ‘public function’ are central components of public law in general and of administrative law specifically. Yet the question arises whether the ... [more ▼] In national legal systems, the concepts of ‘public power’ and ‘public function’ are central components of public law in general and of administrative law specifically. Yet the question arises whether the European Union (EU), as a system with special attributes not unlike a federal constitutional structure, does have a concept of the public power - in the sense of a ‘puissance publique’, ‘los poderes públicos’, ‘öffentliche Gewalt’ or an ‘openbaar gezag’? From this arises another question, would it be possible to identify a specific administrative function within the EU’s wider public function? And, can we differentiate and conceptualise such public function as opposed to the private sphere of exercise of powers? In an attempt to answer these questions, this chapter develops and defines the notion of the public function as requiring the conferral of a public power which obliges acting in the public interest. We address the fact that the public function of EU law so described applies both to the legislative and to the administrative powers of the EU. This distinguishes EU law from that of several states within the Union. It is against this background, that we then explore two particularities of the public function in EU administrative law – (1) its ‘organization’ as well as (2) its limits. To that end, we will focus on the reality that in the EU’s multi-level structure much of the administrative implementation of EU law takes place by Member State bodies, often in close cooperation within networks of national and European administrations as well as private parties. The limits of the administrative function will in turn be explored by reviewing the limits of delegating such functions within the EU. [less ▲] Detailed reference viewed: 123 (13 UL)The European Citizens` Initiative: diversifying policy debates at European levelHiry, Jasmin E-print/Working paper (2020) Detailed reference viewed: 53 (2 UL)The European Citizens’ Initiative: no real right of initiative but at least more significant than a petition to the Parliament?Hiry, Jasmin E-print/Working paper (2020) Detailed reference viewed: 129 (6 UL)POMFR : Antonina Bakardjieva Engelbrekt, Xavier Groussot (eds), The Future of Europe: Political and Legal Integration Beyond Brexit (Hart Publishing, Oxford, 2019)Hiry, Jasmin E-print/Working paper (2020) Detailed reference viewed: 89 (6 UL)Advocate General Bobek on One of us – Legal Clarity vs Political DebateHiry, Jasmin E-print/Working paper (2019) Detailed reference viewed: 83 (2 UL)Advocate General Bobek on One of us – Legal Clarity vs Political DebateHiry, Jasmin E-print/Working paper (2019) Detailed reference viewed: 54 (2 UL)The European Citizens’ Initiative: Ever more accessible and ever more influential? Comments on C-420/16P Izsák and DabisHiry, Jasmin E-print/Working paper (2019) Detailed reference viewed: 74 (2 UL)Transparency in the early stages of the EU decision-making process. Secrecy at the cost of democratic participation, or transparency at the cost of efficiency? Comments on T-540/15 De Capitani and C-57/16P ClientEarthHiry, Jasmin E-print/Working paper (2019) Detailed reference viewed: 67 (3 UL)Fitting national social security benefits into European categories: Are long-term care benefits exportable within the framework of Regulation 883/2004?Hiry, Jasmin E-print/Working paper (2018) Detailed reference viewed: 38 (3 UL) |
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