Right of initiative
The citizens’ initiative impacting legislation drafting is the most well known and used form of initiative. Less well known and frequently used initiatives are the European citizens’ initiative impacting the legislative drafting of the EU, the local residents initiative impacting the local operations and the initiative for arranging a municipal referendum.
Citizens’ initiative
At least 50,000 Finnish citizens who are eligible to vote can submit an initiative to Parliament for the enactment of legislation.
A citizens’ initiative can propose the enactment or drafting of new legislation. It can also concern the amendment or repeal of existing legislation. An initiative in the form of a bill must contain the proposed legal text. An initiative must confine itself to a particular matter and must present justifications. The initiative must concern a matter within the scope of the legislative powers of Parliament.
Citizens’ initiatives can be submitted, supported or browsed in the
Kansalaisaloite.fi service. Supporting a citizens’ initiative is as important as submitting one.
Before submitting a citizens’ initiative, it is worth to review the
valid legislation. It is also recommended to at least scan through Legal drafter’s guide (Lainkirjoittajan opas), although citizens’ initiatives are subject to only minor form and content requirements according to the Citizens´ initiative act.
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European citizens’ initiative
A European citizens’ initiative is an invitation to the European Commission to propose legislation on matters where the EU has the competence to legislate. These matters include the environment, agriculture, transport and public health.
In order to launch a citizens’ initiative, citizens must form a “citizens' committee”. The committee must be composed of at least seven EU citizens who are citizens of at least 7 different Member States. The members of the citizens’ committee must be EU citizens old enough to vote in the European elections. A citizens’ initiative has to be backed by at least one million EU citizens, coming from at least seven EU countries (of the 27 Member States). A minimum number of signatories is required in each of those seven Member States.
The Commission carefully examines the initiative. Within 6 months of receiving the initiative, the Commission will inform whether it will take action and, if so, what kind of actions will be taken in terms of the citizens’ initiative. A Commission Communication will be published about the results. A Commission Communication is an official document formally adopted by the College of Commissioners and published in all official EU languages.
The Commission is not obliged to propose legislation as a result of an initiative. If the Commission decides to put forward a legislative proposal, the normal legislative procedure begins: the Commission proposal is submitted to the legislator (generally the European Parliament and the Council or in some cases only the Council). The law becomes valid only if adopted by legislator.
The minimum numbers of signatories for initiatives required in different EU countries.
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Local residents initiative
According to the Finnish Local Government Act, Section 23, local residents have the right to submit initiatives to the local authority on matters related to its operations. Persons submitting initiatives must be informed of action taken as a result of an initiative. At least once a year, the council must be informed of all initiatives submitted in matters within its purview and of action taken as a result.
If the persons submitting an initiative on a matter within the purview of the council represent at least two per cent of the local residents entitled to vote, the matter must be considered by the council not later than six months after the matter is instituted.
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Initiating a local referendum
Local residents representing at least four per cent of those entitled to vote, who have reached the age of 15, may initiate a referendum. The council must decide on initiating a referendum without undue delay.
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