In today’s hyperglobal and networked world, laws created by regulatory superpowers can have legal effects across the world. It is no surprise, then, that those affected are keen to ensure that their voice is heard in rule-making. But is the EU prepared for such foreign lobbying activities? Emilia Korkea-aho argues that compared to another global regulator, the US, the EU remains one step behind where it comes to regulation and disclosure rules.
A new article in the latest issue of Politics & Governance deals with the role of transparency in interinstitutional politics. The question of transparency is widely regarded as a thermometer of the relation between the Council of the EU and the public at large. Relatively little attention however has been devoted to the implications of transparency (i.e., access for the general public) for inter-institutional information politics, even when the limited evidence suggests that the connection is considerable. The current publication asks how EU actors use Council transparency as a platform and for what reason. It approaches transparency as a policy that is developed in three arenas: the internal, the external political, and the external judicial arena. The article finds strong evidence in support of the view that the Council’s transparency policy played a central role in EU institutions’ attempt to advance their information ambitions. By strongly engaging with the issue of transparency particularly the European Parliament and its members succeeded at expanding their institutional information basis in an area where their political grip was traditionally at its weakest: the Foreign Affairs Council. Acting in turn as a bargaining chip, a political lever, or an alternative to institutional information, the Foreign Affairs Council’s transparency policy was thus clearly used to advance information agendas of oversight and legislative prerogatives.
On Friday 12 February, CERIM (Maastricht) will host a workshop on ‘The Law and Politics of Confidential EU Negotiations’ at the UM Campus in Brussels.
Nearly 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).
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.