The principle of transparency : its evolution within the framework of European Union law

Abstract

The aim of this thesis is to analyse the concept of transparency and trace its historical developments. A question which this research will attempt to answer is whether transparency can be considered a general principle of European Union (EU) law. The first chapter of this thesis examines the notion of transparency whereby openness and accountability are considered as the twin limbs of transparency. An overview of the EU treaties is given to trace the origins of transparency and assess the landmark historical developments in this respect. In chapter two this research considers transparency and the notion of good governance. Distinct views as to the nature of the EU's democratic deficit are examined, however those drawn by Weiler and Follesdal and Hix are strongly illustrative. One of the ways in which the EU is trying to reduce its democratic deficit is by increasing the level of access to documents. Moreover, financial transparency is discussed within this chapter since it is considered as an important aspect of administrative accountability. The final part of this chapter deals with judicial review. Through judicial review the Union courts have repeatedly focused on transparency, accountability and the democratic qualities of the decision-making process within the EU. In chapter three, Regulation (EC) No 1049/2001 which deals with access to documents is examined. The effectiveness of access to documents is crucially affected by the exceptions found within Article 4 and their judicial interpretation. Therefore an insightful evaluation of the exceptions is considered an asset. It is evident that both the Union Courts and the European Ombudsman have contributed towards the creation of a workable framework for providing public access to EU documents. Chapter four considers the simultaneous application of Regulation (EC) No 1049/2001 and Regulation (EC) No 45/2001 which deals with the protection of personal data by Union institutions and bodies. This chapter is followed by concluding remarks.