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Commission Decision (EU) 2019/1564 of 4 September 2019 on the proposed citizens' initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’ (notified under document C(2019) 6387) (Only the English text is authentic)
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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative(1), and in particular Article 4 thereof,
Whereas:
(1) The subject matter of the proposed citizens' initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’ refers to the following: ‘Mandate a firm 10 year post accession deadline for an automatic moratorium on payments of structural and cohesion funds to a newly acceded country, until the monitoring mechanism is lifted from their judiciary.’
(2) The objectives of the proposed citizens' initiative refer to the following: ‘The current EU legal code allows undue interpretation. Under certain conditions, the corruption among political elites in newly acceded countries may turn out to be beneficial to other countries in the Union, and the relative notion “temporary” to be stretched out indefinitely. Setting a strict timeframe avoids direct and indirect motivation for corruption in EU member states. One such example is the inefficiency of the existing monitoring mechanism in the case of Bulgaria and Romania.’
(3) The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.
(4) To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.
(5) A legal act of the Union for the purpose of implementing the Treaties can be adopted on the financial rules which determine in particular the procedure for implementing the budget of the Union and for presenting and auditing accounts, in accordance with Article 322(1)(a) of the Treaty on the Functioning of the European Union (TFEU).
(6) For these reasons, the proposed citizens' initiative does not manifestly fall outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.
(7) Furthermore, the citizens' committee has been formed and the contact persons have been designated in accordance with Article 3(2) of the Regulation and the proposed citizens' initiative is neither manifestly abusive, frivolous or vexatious nor manifestly contrary to the values of the Union as set out in Article 2 TEU.
(8) The proposed citizens' initiative entitled ‘Stop corruption in Europe at its root, by cutting off funds to countries with inefficient judiciary after deadline’ should therefore be registered,
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