Abstract
<p>Three years after the judgment of the General Court in the <em>De Capitani</em> case, we assess whether the findings of the Court have settled for good the debate between transparency and effectiveness in EU law-making or rather opened new reflections on legislative transparency in the EU.</p>
Highlights
The landmark judgement of the General Court in the De Capitani
According to De Capitani, in a democratic legislative procedure defined by openness, citizensparticipation and public pressure can never be considered as undermining the process
The European Parliament developed a rather classic defence which stressed the specific nature of trilogues if compared to the formal steps of the legislative process only, to focus on the risks posed by the disclosure of the specific documents at stake
Summary
The landmark judgement of the General Court in the De Capitani While rejecting the ‘functionalist’ approach in the form argued by Council and Commission, the General Court did not dismiss altogether the need to take into account the effectiveness of the legislative process.
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