Secrecy and access in the European Union

Abstract

Introduction The European Union which makes binding laws for the UK has often been criticised because it has effectively enhanced the powers of the national executives vis-a-vis democratic assemblies. The EU's origins as an international organisation, whatever Community jurists may say of the contemporary order, have ensured that maximum secrecy and sensitivity attended its diplomatic relationships. International organisations have been heavily criticised in the past because of excessive secrecy. The United Nations has adopted a very open policy for meetings and documents although the Security Council has adopted more private preliminary meetings. The Council of Europe has a recommendation on access to documents from 2002 which replaced earlier recommendations and it has produced a convention for signature on access to official information. Regional and international developments are examined in chapter 13. In its own operations and practices the institutions displayed a ‘democratic deficit’, it is commonly alleged, insofar as the directly elected European Parliament does not have overall control of the legislative process, although its position has been enhanced by procedural changes introduced by revisions to the Treaty of Rome. The absence of effective oversight of EU laws by national assemblies has been a further cause of concern as the legislative impact from the EU assumes ever-growing importance in terms of domestic influence. The aborted EU Constitution Treaty was replaced by the Lisbon Treaties on the EU and the Functioning of the EU and provisions in these treaties on greater access and transparency will be addressed later in this chapter.