The General Court, finding an inadequate statement of reasons, annuls a Commission decision refusing to register a proposed citizens’ initiative

(Source: ECJ)

The General Court, finding an inadequate statement of reasons, annuls a Commission decision refusing to register a proposed citizens’ initiative

A citizen presenting such a proposed initiative must be given the opportunity to understand the Commission’s reasoning

On 5 July 2019 Mr Tom Moerenhout and six other citizens communicated to the European (1)Commission, in accordance with the regulation on the citizens’ initiative, a proposed citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ (‘the proposed ECI’).

In accordance with the requirements laid down in that regulation, the subject matter and the objectives of the proposed initiative, along with the provisions of the Treaties considered relevant by the citizens for the proposed action, were provided. In accordance with its subject matter, the proposed ECI sought the adoption of provisions regulating commercial transactions with an Occupant’s entities based or operating in occupied territories by withholding products originating from there from entering the EU market. In that regard, the applicants referred to various provisions of the Treaties, the Charter of Fundamental Rights of the European Union, several regulations and Court of Justice judgments, and provisions and sources of international law.

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1 Regulation (EU) No 211/2011 of the European Parliament and the Council of 16 February 2011 on the citizens’ initiative (OJ 2011 L 65, p. 1, and corrigendum OJ 2012 L 94, p. 49). That regulation was repealed and replaced with effect from 1 January 2020 by Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (OJ 2019 L 130, p. 55, ‘the ECI regulation’).

Full Judgement

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