(AGENPARL) – gio 22 febbraio 2024 PRESS RELEASE No 34/24
Luxembourg, 22 February 2024
Judgment of the Court in Case C-54/22 P | Romania v Commission
The decision to register partially the European Citizens’ Initiative (ECI)
‘Cohesion policy for the equality of the regions and sustainability of the
regional cultures’ is upheld following the dismissal of Romania’s appeal
The Commission may partially register an ECI in order to encourage citizen participation in the democratic life
of the European Union
On 18 June 2013, the proposal for a European citizens’ initiative (ECI) entitled ‘Cohesion policy for the equality of the
regions and sustainability of the regional cultures’ was submitted to the European Commission 1. That proposal
aimed to ensure that, through the European Union’s cohesion policy, special attention would be paid to regions with
ethnic, cultural, religious or linguistic characteristics that are different from those of the surrounding regions. It
claimed, inter alia, that those regions should have equal opportunities in terms of access to various EU funds.
By decision of 25 July 2013 2, the Commission refused to register the proposed ECI on the ground that it fell
manifestly outside the framework of its powers to submit a proposal for a legal act of the Union. The action for
annulment brought before the General Court by the organisers of that ECI was dismissed 3. On appeal, the Court of
Justice set aside the judgment of the General Court and annulled the Commission’s decision 4.
On 30 April 2019, the Commission adopted a fresh decision partially registering 5 the proposed ECI. The General
Court dismissed Romania’s action against that decision by judgment handed down in 2021 6. Romania now seeks to
have that judgment set aside by the Court of Justice. It submits that the General Court misinterpreted the
Commission’s discretion in the registration of proposed ECIs.
The Court dismisses Romania’s appeal and thereby upholds the partial registration of the proposed ECI.
Contrary to Romania’s submissions, the General Court did not require that the Commission examine whether the
proposed ECI has a basis in any one of the Treaty provisions, including in those to which the organisers did not
make explicit reference. In any event, the Commission justified the registration of the proposal by basing its decision
on the provisions specified therein.
The Court finds that while the regulation on the ECI, in the version applicable when the proposed ECI concerned was
registered 7, does not expressly provide for the possibility, for the Commission, to proceed with such a partial
registration of a proposed ECI, it aims to encourage participation by citizens in the democratic life of the European
Union and make the European Union more accessible, with the result that the Commission is required to ensure
easy accessibility of ECIs. Consequently, it may proceed with a partial registration of a proposed ECI, as it did in
the present case.
NOTE: An appeal, on a point or points of law only, may be brought before the Court of Justice against a judgment or
order of the General Court. In principle, the appeal does not have suspensive effect. If the appeal is admissible and
Communications Directorate
Press and Information Unit
curia.europa.eu
well founded, the Court of Justice sets aside the judgment of the General Court. Where the state of the proceedings
so permits, the Court of Justice may itself give final judgment in the case. Otherwise, it refers the case back to the
General Court, which is bound by the decision given by the Court of Justice on the appeal.
Unofficial document for media use, not binding on the Court of Justice.
The full text and, as the case may be, an abstract of the judgment is published on the CURIA website on the day of
delivery.
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Proposal submitted in accordance with Article 11(4) TEU and Regulation (EU) No 211/2011 of the European Parliament and of the Council of
16 February 2011 on the citizens’ initiative.
Commission Decision C(2013) 4975 final of 25 July 20133 concerning the application for registration of the European citizens’ initiative ‘Cohesion
policy for the equality of the regions and sustainability of the regional cultures’.
Judgment of 10 May 2016, Izsák and Dabis v Commission, T-529/13 (see Press Release No 50/16).
Judgment of 7 March 2019, Izsák and Dabis v Commission, C-420/16 P (see Press Release No 24/19).
Commission Decision (EU) 2019/721 of 30 April 2019 on the proposed citizens’ initiative entitled ‘Cohesion policy for the equality of the regions and
sustainability of the regional cultures’.
Judgment of 10 November 2021, Romania v Commission, T-495/19 (see Press Release No 199/21).
Article 4(2)(b) of Regulation No 211/2011.
Communications Directorate