Abstract
In this thematic issue, the question whether EU decision making might be characterised by an excess of transparency stands central. This contribution addresses an issue that precedes such questions of quantity: that of transparency’s qualities, i.e., its specific shape. From an early point in time, transparency in the EU has been equated with the narrow and legalistic notion of ‘access to documents.’ Although since then, transparency has become associated with a wider range of practices, the Union has not managed to shake off the concept’s association with bureaucracy, opacity, and complexity. This remains the case, in spite of the fact that administrations and decision-makers across the world increasingly utilise the possibilities of technological innovation to communicate more directly with their electorates. In this changing communicative context, this commentary considers whether EU transparency as access to documents is still fit for purpose. It does so by exploring access policy from the vantage point of legal developments, administrative practices, political dynamics, and technological innovations. The commentary concludes that while improvements are needed, the access to documents concept endures. However, access to documents needs to be complemented by constructive (rather than predatory) public justification and contestation, to remain viable.
Highlights
As soon as clamours for a more transparent EU emerged in the early 1990s, the Council and Commission, soon followed by the Parliament, agreed to cast transparency in the mould of access to documents (Council & Commission Code of Conduct of 31 December 1993, 1993); European Parliament Decision of 10 July 1997, 1997)
In a context where decision-makers and citizens connect directly through new technologies, the question seems warranted whether the EU’s strong reliance on transparency as access to documents still fits the bill. This contribution explores this question from the perspective of respectively the law, administrative and political practices, and technological innovations in the EU
Is EU access to documents fit for purpose as a vehicle for transparency? This commentary answers with a cautious and qualified ‘yes.’ In spite of the various shortcomings highlighted, access to documents in its broad outline remains capable of fulfilling transparency requirements
Summary
As soon as clamours for a more transparent EU emerged in the early 1990s, the Council and Commission, soon followed by the Parliament, agreed to cast transparency in the mould of access to documents (Council & Commission Code of Conduct of 31 December 1993, 1993); European Parliament Decision of 10 July 1997, 1997) This put the Union on a clear institutional path, culminating in a treaty base and dedicated legislation in the form of Regulation 1049/2001 (2001) on access to the institutions’ documents. In a context where decision-makers and citizens connect directly through new technologies, the question seems warranted whether the EU’s strong reliance on transparency as access to documents still fits the bill. This contribution explores this question from the perspective of respectively the law, administrative and political practices, and technological innovations in the EU
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