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Transparency (access to documents)
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Transparency (access to documents)
The term "transparency" is frequently used in Community language to mean openness in the working of the Community institutions. It is linked to a variety of demands for broader public access to information and EU documents, greater involvement in the decision-making process and more easily readable texts (simplification of the Treaties, consolidation and better drafting of legislation).
Complaints regarding a lack of transparency tend to reflect a general feeling that the European institutions are remote and secretive and that decision-making procedures are difficult for the ordinary European citizen to understand.
With specific reference to access to documents, the Council and the Commission adopted a code of conduct establishing common principles for the two institutions following a Council decision on 20 December 1993. On the basis of this code of conduct, the two institutions incorporated specific provisions on access to their documents into their rules of procedure.
The Treaty of Amsterdam has inserted a new Article 255 on transparency in the EC Treaty. This gives all citizens of the Union, plus all natural or legal persons residing or having their registered offices in a Member State, the right of access to European Parliament, Council and Commission documents.
This article was implemented by the Regulation of 30 May 2001, which is not significantly different from previous texts, in that it provides for two exceptions: cases in which access is automatically refused (for reasons of public security, defence, international relations) and cases in which access is refused except where there is an overriding public interest in disclosure (protection of commercial interests of a natural or legal person, for example).
See:
•Consolidation of legislation - formal/official
•Consolidation of legislation - informal/declaratory
•Clarity of the Treaties (simplification of the treaties)
•Democratic deficit
•Governance
•Recasting of legislation
•Simplification of legislation
•Transparency of Council proceedings
Complaints regarding a lack of transparency tend to reflect a general feeling that the European institutions are remote and secretive and that decision-making procedures are difficult for the ordinary European citizen to understand.
With specific reference to access to documents, the Council and the Commission adopted a code of conduct establishing common principles for the two institutions following a Council decision on 20 December 1993. On the basis of this code of conduct, the two institutions incorporated specific provisions on access to their documents into their rules of procedure.
The Treaty of Amsterdam has inserted a new Article 255 on transparency in the EC Treaty. This gives all citizens of the Union, plus all natural or legal persons residing or having their registered offices in a Member State, the right of access to European Parliament, Council and Commission documents.
This article was implemented by the Regulation of 30 May 2001, which is not significantly different from previous texts, in that it provides for two exceptions: cases in which access is automatically refused (for reasons of public security, defence, international relations) and cases in which access is refused except where there is an overriding public interest in disclosure (protection of commercial interests of a natural or legal person, for example).
See:
•Consolidation of legislation - formal/official
•Consolidation of legislation - informal/declaratory
•Clarity of the Treaties (simplification of the treaties)
•Democratic deficit
•Governance
•Recasting of legislation
•Simplification of legislation
•Transparency of Council proceedings
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