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Implementation Legal reform

Commission moves towards greater lobbying transparency

B2371j8CMAAd-pWWithin a month in office, the incoming Juncker Commission announces its first tangible steps to increase disclosure relating to its lobbying contacts.

In an interesting move, Commissioner Timmermans (Better Regulation) two weeks ago circulated an internal note, which was soon leaked to the press, explaining the pending change. The note argued that “while contact with stakeholders is a natural and important part of the work of a member of the Commission, all such contacts should be conducted with transparency and members of the Commission should seek to ensure an appropriate balance and representativeness in the stakeholders they meet.”

As a consequence of this line, the 28 members of the Commission will be required to disclose on their websites all contacts with lobbyists as of 1 December. The EUObserver quoted Timmermans saying: “I think we have moved to a situation now where the public says to government ‘show me!’ And we want to show you”.

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Research

Discussing the space to think in the context of the European Council

ceulogo_0_1Does transparency come at the expensive of efficient decision-making? The case for a trade-off between and open and efficient decision-making has certainly been made on innumerable occasions. But whether it is in fact well grounded has, surprisingly, been subjected to rather limited systematic scrutiny.

Political scientist Stéphanie Novak (Université Catholique en Lille) and Open Government in the EU researcher Maarten Hillebrandt (University of Amsterdam) have now begun to systematically explore the case for a non-transparent “space to think” that is systematically invoked by the European Council, and Council – purportedly in order to safeguard the efficiency of their respective decision-making processes. They will present a paper on this topic at a workshop on the centrality of European Council and Council decision-making organised by the Central European University, Budapest.

The European Council has increasingly come to the fore as a constitutionally anomalous yet powerful executive institution of the European Union. This has aroused an increasing interest from the social scientific and legal researchers, among them the researchers of the Open Government in the EU research group, who investigate its transparency and accountability arrangements (see more under publications). -MH

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Research

Presentations on Open Government

Team members of the Open Government in the EU research group recently presented their view of openness and secrecy in the EU institutions in presentations held in Berlin and Brussels.

On Sunday 19 October, professor Deirdre Curtin entered into a dialogue with Carolin Emcke in a public event entitled “Keine Demokratie. Nirgends?“. The dialogue concerned issues of openness and mistrust of European decision making, and took place in the context of Curtin’s research stay at the Wissenschaftkolleg zu Berlin during the academic year 2014-2015.

On Monday 20 October, Maarten Hillebrandt gave a presentation at an ERA conference on access to documents. The presentation addressed recent experiences with regulation 1049/2001 in practice in the EU’s core institutions. The Europaïsche Rechtsakademie (ERA) offers regular seminars on specific areas of European law for practitioners inside and outside of the European institutions.

Categories
Legal reform

Council declassifies TTIP negotiating mandate

cooperating-governements_usa_regulating_flagsNearly a year and a half after its drafting, on 9 October 2014, the Council declassified and disclose the Commission’s negotiating mandate for the free trade talks with the United States better known as the Transatlantic Trade and Investment Partnership (TTIP).

Maarten Hillebrandt

The disclosure comes after much public controversy that accompanied the various rounds of talks that have taken place up until now, in spite of the document being leaked at an early stage. Various MEPs, the European Ombudsman, and outgoing Commissioner for trade De Gucht criticised the Council for keeping it under the fold. In its annual transparency report, the EP renewed its pledge to do all in its power to “ensure that future trade negotiations, and in particular the on-going negotiations with the US […] were more transparent and open for stakeholder involvement” (p. 12). The decision to disclose the document at long last has been met with praise by various actors.