Categories
Oversight

European Ombudsman inquiry criticises Council’s legislative opacity

European Ombudsman Emily O’Reilly
Photo: European Parliament (via EUObserver.com)

Today European Ombudsman O’Reilly presented the outcomes of her own-initiative inquiry of the transparency of Council preparatory bodies in the negotiation of EU legislative acts. Significantly, the Ombudsman found instances of maladministration, which signifies the strongest sanction her office can provide.

The European Ombudsman’s concludes her inquiry with the observation that the current way in which the legislative procedure in the Council is set out, it is impossible for citizens to have timely access to sufficient information on the general development of legislative dossiers and specific inputs offered by the different member states. The Ombudsman concludes that:

“[T]he Council of the EU – through practices that inhibit the scrutiny of draft EU legislation – undermines citizens’ right to hold their elected representatives to account. This constitutes maladministration.”

Categories
Implementation Legal reform

Inch by inch, the Council crawls towards greater transparency

A new internal note reveals renewed efforts by a small group of member states to take Council transparency forward, Maarten Hillebrandt reports.

Non paper April 2015
A fragment from the recent non paper concerning Council transparency reform.
Categories
Jurisprudence Research

New publication: recent case law impacts on the Council’s ability to negotiate in secrecy

Recent cases at the Court of Justice on Regulation 1049/01 on public access to Parliament, Council and Commission documents set new limits to confidentiality in the Council’s legislative and international negotiations, as Vigjilenca Abazi and Maarten Hillebrandt argue in a recent case note.

Categories
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