Making Access to EU Documents a Reality: Access Info Publishes Key Recommendations

Madrid – 28 October 2024 – Today, Access Info releases recommendations aimed at EU institutions, bodies, and agencies on how to improve the practical implementation of the public’s right of access to EU documents.

Access to EU documents is a fundamental right governed by Regulation 1049/2001, which was designed to give the “fullest possible effect” to this right. Despite a fairly robust legal framework, many requesters still face significant challenges when attempting to access documents from EU bodies in practice.

To address these challenges, Access Info has collaborated with civil society organisations, academics, and legal experts to develop a report containing ten targeted recommendations, which are designed to remove these persistent barriers and improve transparency.

“Regulation 1049/2001 is meant to be the cornerstone of EU transparency. Too often, however, its implementation falls short. These recommendations are designed to close the gap between the promise of transparency and the reality experienced by citizens, ensuring that the fundamental right of access to EU documents is upheld in practice, not just in theory,” said Rachel Hanna, Access Info.

One key issue raised in the report is how EU institutions interpret the definition of a “document,” in practice, often excluding modern communication formats from their record management practices. The recommendations stress that a document’s existence should not depend on its format or registration and call for registration practices to better align with the intent of Regulation 1049/2001.

Another concern is the lack of real-time transparency in legislative processes, which limits civil society’s ability to engage in EU decision-making. To address this, the recommendations propose more proactive publication of documents during legislative proceedings, including impact assessments and trilogue documents. They also call for a broad definition of “legislative documents” and prompt responses to requests for access to documents related to legislative processes.

Other recommendations include the need for a fair balance between the right of access to documents and personal data protection, and more granting of partial access to documents partly covered by exceptions.

“The ongoing decline in implementing Regulation 1049/2001 on access to documents by EU institutions is alarming. We hope this report, with its recommendations, will promote more effective and consistent application. It’s crucial that the European Commission issues internal guidance, applies CJEU decisions, and follows up on the EU Ombudsman’s recommendations.” said Ilaria Fevola, Article 19.

“There is a systematic lack of transparency concerning information related to the environment, especially concerning compliance with environmental law. The EU positions itself as a leader in the protection of the environment and fight against climate change, but it rings hollow if there is a near complete lack of information on how EU law is enforced in key areas. The current legal framework fully allows for more transparency, but so far, the Commission and Member States have not shown the political will to improve the situation.” said Ilze Tralmaka, ClientEarth.

“The exercise of the right of access to documents has been severely constrained over the past decade, as shown by a systemic pattern of undue delays and unmotivated rejections. Hence the attempt made by this set of recommendations to remedy the ongoing erosion of the right of access”, said Alberto Alemanno, The Good Lobby.

With these recommendations, Access Info and its collaborators aim to drive meaningful change by addressing the practical barriers to accessing EU documents. The goal is not just to highlight these issues but to ensure that the right to access documents is fully realised and upheld, fostering greater transparency and accountability across EU institutions, bodies and agencies.

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