COMMISSION IMPLEMENTING DECISION (EU) 2022/1847

of 28 September 2022

on the request for registration of the European citizens’ initiative entitled ‘Focus on Specific Learning Disabilities on EU Level’, pursuant to Regulation (EU) 2019/788 of the European Parliament and of the Council

(notified under document C(2022) 6901)

(Only the English 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 ‘Focus on Specific Learning Disabilities on EU Level’ was submitted to the Commission on 1 August 2022.

(2) The objectives of the initiative are expressed by the organisers as follows: ‘This Initiative aims to facilitate the access to education of people with specific learning disabilities (i.e. dyslexia, dyscalculia, disgrafia). Students with such disabilities face struggles in pursuing their education due to lack of knowledge about the topic, absence of adequate study materials, and unfair exam conditions. Although the Member States have addressed the issue individually, the discrepancies in the definitions of learning disabilities, the distinct methods of detection and assistance opens a gap between the countries. Hence, students may be treated differently in other Member States which could hinder their right of free movement as granted by the Treaties, resulting in repercussions on their education and integration into society. Hereby, we request the Commission to present a proposal for a Council recommendation pursuant to Article 165(4), second indent, TFEU with common guidelines to the national governments on how to detect and address learning disabilities. A better integration of people with learning disabilities within the educational system would be an important step for ensuring fair opportunities for all EU citizens.’

(3) An annex to the initiative provides further details on the subject matter, objectives and background to the initiative, by setting out and detailing the reasons to support it. The annex highlights the following three points of the initiative, notably (1) that it can highlight the globality of the issue and the need to tackle it on a European level, (2) that the Commission can contribute to the research on specific learning disabilities with its team of experts and broader perspective of the Member States’ legislations -that research should focus on finding a European-wide definition of learning disabilities and establishing compensatory measures, and (3) that the initiative can stress the importance of using new technologies in facilitating the learning process for students with learning disabilities.

(4) An additional document attached to the initiative contains a comparative study on dyslexia across Europe.

(5) With regard to the initiative’s general aim to facilitate access to education of people with learning disabilities through the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems, the Commission has the competence to present a proposal for a legal act on the basis of Article 165 of the Treaty on the Functioning of the European Union (TFEU).

(6) The first and third point in the annex to the initiative are general in nature and do not seem to call for specific actions to support the general aim of the initiative. Insofar as the initiative in the second point of the annex seems to invite the Commission ‘to significantly contribute to the research on specific learning disabilities’, that activity appears preparatory to the main objective, which is for the Commission to submit a proposal for a Council recommendation under Article 165(4), second indent, TFEU to facilitate access to education of people with learning disabilities, in which the Commission could take elements of research into account.

(7) 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.

(8) That 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.

(9) 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 and has designated the contact persons in accordance with Article 5(3), first subparagraph, of that Regulation.

(10) 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 rights enshrined in the Charter of Fundamental Rights of the European Union.

(11) The initiative entitled ‘Focus on Specific Learning Disabilities on EU Level’ should therefore be registered.

(12) 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 ‘Focus on Specific Learning Disabilities on EU Level’ shall be registered.

Article 2 This Decision is addressed to the group of organisers of the citizens’ initiative entitled ‘Focus on Specific Learning Disabilities on EU Level’, represented by Mrs Rebecca LIZIER and Mrs Nia RAYCHEVA acting as contact persons.

Done at Brussels, 28 September 2022. For the Commission Věra JOUROVÁ Vice-President

(1) OJ L 130, 17.5.2019, p. 55.