The European Citizens’ Initiative: A Trojan Horse of Direct Democracy on the EU Level?

Art 11 TEU complements the ‘principle of representative democracy’ (art 10 TEU) with elements of participatory democracy on the EU level. The most important innovation of art 11 TEU is the European Citizens’ Initiative (ECI), while art 11 (1-3) TEU have not been implemented by secondary legislation, yet. The ECI has been introduced into the Constitutional Treaty as a compromise between proponents and opponents of direct democracy in the European Convention. With regard to the missing obligation of the European Commission to draft a legislative proposal, the ECI cannot be considered direct democracy, but participatory democracy. Anyway, the purpose of the new treaty provision was, to strengthen EU democracy. Having in mind the ECI’s background, the paper will discuss whether art 11 (4) TEU is an opportunity to strengthen EU democracy. To do so it is necessary to have a variable that indicates an increase or decrease in the quality of EU level democracy. The paper will suggest ‘inclusiveness’ as an indicator and compare the ECI with other instruments of democratic participation in this respect. Concluding that the ECI is less an instrument suitable for citizens, but for well-equipped non EU level actors the paper will discuss whether the ECI is a Trojan horse of direct democracy or the institutionalisation of non-parliamentarian representative democracy in EU primary law. Depending on the interpretation of the ECI, art 11 TEU the European Parliament’s, the Council’s, and the political parties’ role in EU level representative democracy face different challenges.