Participation and the role of law afterLisbon: a legal view on Article 11 TEUJoanaMendesAmsterdam CentreforEuropean Law and Governance,UniversityofAmsterdamJeanMonnetSeminar,UniversityofMacau27October2011
Joana Mendes Amsterdam Centre for European Law and Governance, University of Amsterdam Jean Monnet Seminar, University of Macau 27 October 2011 Participation and the role of law after Lisbon: a legal view on Article 11 TEU
1. Why has law had a limited role regardingparticipation in EU decision-making procedures?1. What are the potentialities and limitations ofArticle 11 TEU and what is its normativeinnovation?1.Which factors may trigger the different EUinstitutions to reconsider the role of law inparticipationprocedures?
1. Why has law had a limited role regarding participation in EU decision-making procedures? 1. What are the potentialities and limitations of Article 11 TEU and what is its normative innovation? 1. Which factors may trigger the different EU institutions to reconsider the role of law in participation procedures?
1.Reasons“(...)a situation must be avoided in whicha Commissionproposal could be challenged in the Court on thegrounds of alleged lack of consultation of interestedparties."“"Suchanover-legalisticapproachwouldbeincompatiblewith the need fortimely delivery of policy, and with theexpectations of the citizens that the EuropeanInstitutionsshould deliver on substance rather thanconcentratingonprocedures."Communication,"Towardsareinforcedculture ofconsultationanddialogue”COM(2002)704final,Brussels,11.12.2002,p.10
“(.) a situation must be avoided in which a Commission proposal could be challenged in the Court on the grounds of alleged lack of consultation of interested parties.” “Such an over-legalistic approach would be incompatible with the need for timely delivery of policy, and with the expectations of the citizens that the European Institutions should deliver on substance rather than concentrating on procedures.” Communication, “Towards a reinforced culture of consultation and dialogue”, COM(2002) 704 final, Brussels, 11.12.2002, p. 10 1. Reasons
1.Reasons“in the context of a procedure for the adoption of aCommunity act based on a Treaty article, the only obligationsof consultation incumbent on the Community legislature arethoselaiddowninthearticleinquestion"the obligation to consult the Parliament, as laid down invarious places in the Treaty, reflects at the Community levelthe fundamental democratic principle that the people shouldtake part inthe exercise of power through the intermediary ofarepresentativeassembly".CaseT-521/93,Atlanta[1996]ECRIl-1707,paragraph71CaseC-104/97P,Atlanta[1999]ECRI-6983,paragraphs37,38
1. Reasons “in the context of a procedure for the adoption of a Community act based on a Treaty article, the only obligations of consultation incumbent on the Community legislature are those laid down in the article in question”. “the obligation to consult the Parliament, as laid down in various places in the Treaty, reflects at the Community level the fundamental democratic principle that the people should take part in the exercise of power through the intermediary of a representative assembly”. Case T-521/93, Atlanta [1996] ECR II-1707, paragraph 71 Case C-104/97 P, Atlanta [1999] ECR I-6983, paragraphs 37, 38
2. Article 11Article 11 TEU1. The institutions shall, by appropriate means, give citizensand representative associations the opportunity to makeknown and publicly exchange their views in all areas ofUnionaction.2. The institutions shall maintain an open, transparent andregular dialogue with representative associations and civilsociety.3. The European Commission shall carry out broadconsultations with parties concerned in order to ensure thatthe Union's actions are coherent and transparent
Article 11 TEU 1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. 2. The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society. 3. The European Commission shall carry out broad consultations with parties concerned in order to ensure that the Union's actions are coherent and transparent. 2. Article 11