Date: 2023-01-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2023/165 of 12 January 2023 on the request for registration of the European citizens’ initiative entitled ‘Article 4: Stop torture and inhuman treatment at Europe’s borders’, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council (notified under document C(2023) 39) (Only the Italian text is authentic)
Executive Summary:
This Commission Implementing Decision EU 2023/165, dated 12 January 2023, concerns the registration of the European citizens' initiative entitled "Article 4: Stop torture and inhuman treatment at Europe's borders." The initiative aims to ensure the effective application of Article 4 of the Charter of Fundamental Rights, prohibiting torture and inhuman treatment, at EU borders and in related contexts. The decision confirms that the initiative meets the conditions for registration under Regulation EU 2019/788.
Key Points / Main Content:
* **Initiative Overview:**
* The European citizens' initiative "Article 4: Stop torture and inhuman treatment at Europe's borders" was submitted on 14 November 2022.
* The initiative seeks regulations to ensure Article 4 of the Charter of Fundamental Rights is applied effectively at EU borders, in non-EU countries with agreements restricting migrant entry, and within Member States managing reception.
* It calls for penalties for non-compliance with obligations.
* **Organizers' Claims:**
* The organizers cite increasing violence against migrants, as reported by organizations like UNHCR, Amnesty International, and Human Rights Watch.
* They urge the EU to use its powers to regulate border checks, impose penalties on violating countries, monitor compliance with Article 4 in non-EU countries, and set reception standards with penalties for infringement.
* **Commission's Assessment:**
* The Commission acknowledges its power to present legal act proposals based on Articles 77(2), 78(2), and 79(2) TFEU concerning border controls, asylum policy, and immigration policy, respectively.
* The Commission concludes that the initiative does not manifestly fall outside the framework of its powers.
* The Commission states that registration does not imply confirmation of the factual correctness of the initiative's content.
* **Decision:**
* The European citizens' initiative "Article 4: Stop torture and inhuman treatment at Europe's borders" is registered.
* The decision is addressed to the group of organizers, represented by Marco Ciurcina and Maria Cristina Francesconi.
Impact Analysis:
* **Group of Organizers (Represented by Mr. Marco Ciurcina and Ms. Maria Cristina Francesconi):**
* *Impact:* Their initiative has been officially registered by the European Commission, allowing them to proceed with the next steps in the European citizens' initiative process.
* *Action Required:* Proceed with collecting signatures and fulfilling other requirements outlined in Regulation EU 2019/788 to further advance their initiative.
* **European Commission:**
* *Impact:* The Commission is now obligated to consider the initiative and its objectives. Registration does not imply endorsement but necessitates further assessment.
* *Action Required:* Monitor the progress of the initiative, assess its merits, and determine whether to propose legal acts in response, considering principles of proportionality, subsidiarity, and compatibility with fundamental rights.
* **European Parliament and Council:**
* *Impact:* May be involved in the legislative process if the Commission proposes legal acts in response to the initiative.
* *Action Required:* Monitor the initiative and be prepared to consider any legislative proposals from the Commission related to the initiative's objectives.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation EU 2019/788: Regulation (EU) 2019/788 of the European Parliament and of the Council on the European citizens’ initiative.
Article 4: Stop torture and inhuman treatment at Europes borders: The title of the European citizens initiative that is the subject of the Commission Implementing Decision.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, which organizes the functioning of the EU.
Charter of Fundamental Rights of the European Union: A charter of the European Union that enshrines certain fundamental rights.
Marco CIURCINA: One of the contact persons representing the group of organisers of the citizens initiative.
Maria Cristina FRANCESCONI: One of the contact persons representing the group of organisers of the citizens initiative.
25.1.2023 EN Official Journal of the European Union L 23/19
COMMISSION IMPLEMENTING DECISION (EU) 2023/165
of 12 January 2023
on the request for registration of the European citizens’ initiative entitled ‘Article 4: Stop torture and
inhuman treatment at Europe’s borders’, pursuant to Regulation (EU) 2019/788 of the European
Parliament and of the Council
(notified under document C(2023) 39)
(Only the Italian text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the
European citizens’ initiative(1), and in particular Article 6(2) and (3) thereof,
Whereas:
(1) A request for registration of a European citizens’ initiative entitled ‘Article 4: Stop torture and inhuman treatment at
Europe’s borders’ was submitted to the Commission on 14 November 2022.
(2) The general objective of the initiative as expressed by the organisers is: ‘In the context of the EU’s powers in the area
of justice, freedom and security – as set out in Article 78 TFEU on policies relating to border checks, asylum and
immigration – we call for appropriate regulations to ensure that Article 4 of the Charter of Fundamental Rights is
applied effectively and that the use of violence, torture and inhuman and degrading treatment is banned at EU
borders and in non-EU countries which the European institutions or one or more Member States have concluded
agreements with restricting the entry of migrants or asylum seekers into Europe, as well as in the Member States
themselves in managing reception, with penalties imposed for non-compliance with the obligations laid down’.
(3) An annex to the initiative provides further details on the subject matter, objectives and background to the initiative.
The organisers claim that, in recent years, increasing violence has been perpetrated against migrants and reported by
international organisations such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty
International and Human Rights Watch. The organisers urge the Union to use its powers to put an end to those
alleged violations of Article 4 of the Charter of Fundamental Rights, notably ‘(1) on entry into the common
European area, by regulating border checks and imposing penalties on countries that openly violate the ban on the
use of violence, torture and inhuman and degrading treatment; (2) in non-EU countries, in the context of operations
to externalise EU borders, by imposing penalties on Member States which conclude agreements that do not provide
for the monitoring of compliance with Article 4; (3) in setting reception standards for the entire period of residence
in the EU, by imposing penalties on countries whose authorities and/or law enforcement agencies infringe the rights
of migrants or asylum seekers’.
(4) As such, it appears that the main objective of the initiative is to establish a framework for ensuring compliance with
the prohibition of violence and inhuman and degrading treatments enshrined in Article 4 of the Charter of
Fundamental Rights in relation to the Union policy concerning border controls, asylum and immigration. In so far
as the initiative pursues this objective in relation to border controls, the Commission has the power to present
proposals for legal acts on the basis of Article 77(2) TFEU. In so far as the initiative pursues this objective in relation
to the common policy on asylum, subsidiary protection and temporary protection, the Commission has the power
to present proposals for legal acts on the basis of Article 78(2) TFEU. In so far as the initiative pursues this objective
in relation to the common immigration policy, the Commission has the power to present proposals for legal acts on
the basis of Article 79(2) TFEU.
(1) OJ L 130, 17.5.2019, p. 55.L 23/20 EN Official Journal of the European Union 25.1.2023
(5) For those reasons, none of the parts of the initiative 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.
(6) This conclusion is without prejudice to the assessment of whether the concrete substantive conditions required for
the Commission to act, including compliance with the principles of proportionality and subsidiarity and
compatibility with fundamental rights, would be met in this case.
(7) The group of organisers has provided appropriate evidence that it fulfils the requirements laid down in Article 5(1)
and (2) of Regulation (EU) 2019/788, it has designated the contact persons in accordance with Article 5(3), first
subparagraph, of that Regulation. A legal entity has been created specifically for the purpose of managing the
initiative.
(8) The initiative is not manifestly abusive, frivolous or vexatious, nor is it manifestly contrary to the values of the Union
as set out in Article 2 of the Treaty on European Union and to the rights enshrined in the Charter of Fundamental
Rights of the European Union.
(9) The initiative entitled ‘Article 4: Stop torture and inhuman treatment at Europe’s borders’ should therefore be
registered.
(10) The conclusion that the conditions for registration under Article 6(3) of Regulation (EU) 2019/788 are fulfilled does
not imply that the Commission in any way confirms the factual correctness of the content of the initiative, which is
the sole responsibility of the group of organisers of the initiative. The content of the initiative only expresses the
views of the group of organisers, and can in no way be taken to reflect the views of the Commission,
HAS ADOPTED THIS DECISION:
Article 1
The European citizens’ initiative entitled ‘Article 4: Stop torture and inhuman treatment at Europe’s borders’ shall be
registered.
Article 2
This Decision is addressed to the group of organisers of the citizens’ initiative entitled ‘Article 4: Stop torture and inhuman
treatment at Europe’s borders’, represented by Mr Marco CIURCINA and Ms Maria Cristina FRANCESCONI, acting as
contact persons.
Done at Brussels, 12 January 2023.
For the Commission
Věra JOUROVÁ
Vice-President