Wednesday

29th Nov 2023

No compromise in sight on EU document secrecy

  • 'Who decides what was 'intended' or when something is 'finalised'?' (Photo: European Commission)

Negotiators remain far apart on new rules to govern which internal EU documents can be released for public scrutiny.

Jakob Alvi, the Danish EU presidency spokesman, told EUobserver on Tuesday (22 May) that member states and the European Parliament rapporteur on the dossier, British center-left MEP Michael Cashman, remain poles apart after initial talks, set to continue on Wednesday.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

"He made it clear the negotiating mandate that we [member states] have is not something he can accept ... and the same goes the other way around," Alvi noted.

EU countries agreed their position earlier this month in a paper leaked and denounced by the London-based pro-transparency NGO Statewatch.

Its most controversial provisions include: restricting the definition of what is an official EU document; giving member states the right to veto disclosure on the basis of national legislation; excluding legal advice given by EU institutions to their own policy makers; and giving "block exemption" to papers in ongoing infringement procedures against EU countries or in competition cases.

Member states want to define a document as any text "formally transmitted to one or more recipients, submitted for filing or registration, approved by the competent official, or otherwise completed for the purposes for which it was intended."

They add that disclosure of institutions' legal advice "shall be presumed to undermine the protection of legal advice."

A parliament source told EUobserver the proposed definition of a document is so subjective it would give officials too much leeway to say No.

"Their definition is too broad. Who decides what was 'intended' or when something is 'finalised'?" the contact said.

The Danish presidency hopes to bring the two sides together in time for the last General Affairs Council of its EU chairmanship on 26 June. But the parliament is in a good position to stand its ground.

If it blocks the changes, an extant regulation from 2001, seen by MEPs as more transparent than the new-draft rules, will stay in force. The incoming Cypriot EU presidency has said it has no interest in continuing talks.

A ruling by the European Court of Justice in the so called Turco case in 2008, which says legal advice should be made public, also backs parliament's point of view. But Denmark's Alvi said MEPs should be keen to establish that "co-legislators" (the parliament and EU countries) have more power over EU rules than judges in Luxembourg.

Meanwhile, Sweden, has said it would vote against the reforms as they stand. Estonia, Finland and Slovenia have also said they dislike the EU member states' proposal, even though they agree to use it as a starting point in talks.

The group represents a small minority against the 22-country-strong pro-secrecy camp. But the strength of feeling on the pro-transparency side was highlighted in a letter from Sweden's minister of justice, Beatrice Ask, to Cashman on 14 May.

"A compromise like the one suggested in the text presented to us would most certainly lead to less transparency," she wrote.

"It is of utmost importance that we continue to stand strong in our convictions, and to co-operate in order to find solutions which allow our citizens the level of transparency they are entitled to."

Correction: This article was altered at 11.30 Brussels time on 23 May to reflect more accurately the position of some member states. The original story said Denmark, Estonia, Finland and Slovenia would vote against the draft proposal

Commission pushes for document secrecy despite court judgement

The EU commission and national governments are seeking to tighten rules granting access to their internal documents despite a ruling by the European Court of Justice calling on them to release legal opinions drafted by the EU Council’s legal service.

EU states appeal court ruling on transparency

EU member states are set to launch an appeal of a lower court decision with the European Court of Justice hoping to prevent greater transparency in decision-making - even about transparency rules themselves.

Talks collapse on access to EU documents

The EU Council's former top lawyer explains why legal advice should be kept secret, as talks collapse on new freedom of information rules.

Opinion

The EU's 'no added sugars' fruit-juice label sleight-of-hand

The Food Information to Consumers package would have finally regulated the health or nutrition claims companies make on their products, claims like "heart-healthy" "30-percent less fat" or "no added sugar". Legislation on these claims is now 15 years overdue.

Column

How centre-right conservatives capitulate to the far-right

Many conservatives in Europe seem to have forgotten the lesson of 1930s Germany. They sacrifice their principles on the altar of the polls and all-too-often try to overtake rightwing radicals on their own pet subjects like security or migration.

Latest News

  1. The EU's 'no added sugars' fruit-juice label sleight-of-hand
  2. EU belittles Russia's Lavrov on way to Skopje talks
  3. Member states stall on EU ban on forced-labour products
  4. EU calls for increased fuel supplies into Gaza
  5. People-smuggling profits at historic high, EU concedes
  6. EU bets big on fossil hydrogen and carbon storage
  7. How centre-right conservatives capitulate to the far-right
  8. My experience trying to negotiate with Uber

Stakeholders' Highlights

  1. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  2. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  3. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  4. UNOPSFostering health system resilience in fragile and conflict-affected countries
  5. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  6. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste

Stakeholders' Highlights

  1. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  2. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  3. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch
  4. Nordic Council of Ministers20 June: Launch of the new Nordic Nutrition Recommendations
  5. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  6. ICLEISeven actionable measures to make food procurement in Europe more sustainable

Join EUobserver

Support quality EU news

Join us