engleski

Blurred transparency: Access to Information in the EU Agencies

The legitimacy of (semi)independent agencies (regulators) is considered to be dependent on the level of transparency, the openness of their procedures and the outcomes of their activities. Transparency constitutes an indicator of (horizontal) accountability by allowing specific users, citizens, civil society and businesses to act as watchdogs. Furthermore, the transparency should ensure the regulatory quality and long- term positive impact on regulated sectors. In the attempt to fight the democratic deficit, the suboptimal transparency of the EU has been in the last two decades addressed through the Treaty and legislative changes intended to ensure greater transparency, especially in relation to agencies and other administrative bodies of the EU (e.g. Access Regulation No. 1049/2001 ; Charter of Fundamental Rights etc.). In parallel, the upgrading of transparency requirements has been incentivized by legislating the requirements of publishing open data (PSI/Open data Directive 2003, 2013, 2019). The paper focuses on the legal requirements and de facto practice of EU agencies. For that purpose, as a first step, the legal framework of EU agencies is analyzed, with special reference to some disparities in relation to international standards. Secondly, the decisions of the EU Ombudsman and of the ECJ with regard to the respect to the right of access to information in the EU agencies are analyzed with regard to specific elements (complainants, procedural requirements, material requirements – exceptions).

transparency, European Union agencies, European ombudsman, freedom of information

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