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Semibezpośredni udział obywateli Unii Europejskiej w stanowieniu prawa na poziomie ponadnarodowym – dziesięć lat europejskiej inicjatywy obywatelskiej

100%

Wróbel I.

Przegląd Zachodni

2020

issue 1 (374)

159-181

The European Citizens’ Initiative as an element of participatory democracy in the EU has been in force for ten years, but the Treaty provisions establishing it required the adoption of a secondary legislation - Regulation (EU) 211/2011 and Regulation (EU) 2019/788, which replaced it. Therefore, the history of using this new instrument of civic participation at a supranational level is shorter. The subject of the article is an attempt to describe and assess the qualitative dimension of the new EU law institution, understood as an instrument for the participation of EU citizens in the supranational legislative process, on the example of the first four „successful initiatives”. Unlike the European Commission, however, a successful initiative is defined as an initiative that has led to a normative change in the EU legal order. The purpose of the article is to determine the scope of the actual participation of EU citizens in law-making at supranational level, carried out by means of a citizens’ initiative, and then to relate the obtained result to dogmatic approaches to the right to a citizens’ initiative and thus to determine the quality and significance of legal solutions in force at the first stage of implementing the Lisbon reform (from 1/12/2009 to 31/12/2019). That is why two research methods were used – the dogmatic legal method and the sociological method, the latter being understood as the analysis of factors influencing the content of created legal norms and the effects of binding norms. In the course of the conducted research, the hypothesis was verified that the new EU law institution in the first stage of its application did not provide EU citizens with influence on the content of legal norms adopted at the supranational level to a significantly different extent from the state before its introduction, and therefore did not fulfill its role in this respect in the EU legal order.

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1 Przegląd Zachodni

1 2020

1 Wróbel I.

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Semibezpośredni udział obywateli Unii Europejskiej w stanowieniu prawa na poziomie ponadnarodowym – dziesięć lat europejskiej inicjatywy obywatelskiej