By Martin Banks - 20th September 2010
In denying access to these documents EU institutions are flouting their own regulations
Tim Grabiel
A group of Brussels-based lobby organisations say a lack of transparency is becoming "endemic" among EU institutions.
The alliance say that European commission proposals would "substantially restrict" the number of documents made available to the public.
ClientEarth, Transport & Environment, the European Environmental Bureau and BirdLife International say the documents include those containing environmental and other information relevant to EU policies.
The attack comes as ClientEarth said it was suing the commission and the council over EU regulations regarding public access to documents.
Anais Berthier, environmental justice lawyer at ClientEarth, said, "The fact that we have to sue for lack of transparency during its review of EU transparency rules speaks volumes about the EU's commitment to an open society.
"It is ironic and unsettling that the EU is considering restricting a citizen's access to information while, at the same time that it entertains these restrictions, it is withholding the very information upon which it will base that decision."
"If the commission's proposals are allowed to progress unchallenged the ramifications for freedom of information will be far-reaching."
The four groups also plan a second lawsuit relating to what they call the commission's "attempts to manipulate the science" guiding European biofuels policy.
The second lawsuit challenges the commission's alleged failure to release documents containing previously undisclosed information on the negative climate impacts of widespread biofuels use in the EU.
It is the second time the commission has been sued for lack of transparency on EU biofuels policy. The first lawsuit was lodged on 8 March 2010 and is ongoing.
Tim Grabiel, senior lawyer at ClientEarth, said, "These cases call into question the openness and transparency on which the EU is based.
"In denying access to these documents EU institutions are flouting their own regulations and ignoring court rulings requiring a transparent and democratic Europe.
"Our efforts to understand and influence EU biofuel policy have been repeatedly hampered by attempts to restrict access to documents.
"The commission is running an opaque operation. Citizens are being denied the right to participate in decisions that affect flagship climate policies and will not only affect their lives but those of future generations as well."
Grabiel said the lawsuits represent a "last resort" after the institutions’ "repeated denials" to grant access to documents.
Under EU regulations citizens have the right to request documents held by European institutions. These regulations have been further strengthened by rulings in the European Court of Justice.
They are designed to ensure openness and transparency and allow citizens to be active in EU decision-making processes.
