Access delayed – access denied

Transparency is widely regarded as a key to building trust in public policy and in the institutions that determine and administer policy. Transparency bolsters public accountability, helps counter maladministration, and is a key to preventing corruption.  Transparency, integrity, and accountability are essential prerequisites for any democracy based on the rule of law.

On paper the EU scores highly on openness and transparency. The principle of open decision-making carried out “’as closely as possible to the citizen” is an EU Treaty requirement. The EU Charter of Fundamental Rights guarantees access to information and allows any citizen of the Union to access documents held by EU institutions, bodies, offices, and agencies. Regulation (EC) No 1049/2001 codifies the arrangements regarding access and sets out the limited circumstances where access may be denied.

There is unfortunately a divergence between the high principles enshrined in EU treaty law and delivery. That divergence was forcefully highlighted in a 2023 report issued by Ombudsman Emily O’Reilly.

O’Reilly noted an increase in the number and complexity of access requests being submitted to the Commission: over 8,400 requests were made in 2021. On the positive side she found that only 10% of the requests were refused. On a less positive note, Ms O’Reilly found “systematic and significant delays” in meeting the 30-day target responding to access requests. Initial requests for information missed this deadline in one sixth of all cases. However, in cases where assess was not allowed 85% of appeal cases failed to receive a response within the deadline.   It took more than 60 days for requests to be answered in 60% of cases.

The Ombudsman labelled the level of delay as maladministration.  Concluding that “access delayed was access denied”, O’Reilly requested the Commission to deal urgently with the systemic delays adding that a “fundamental rethink (was) needed so that deadlines set out in the EU transparency regulation are adhered to”.

In March 2024 the Parliament reviewed the Ombudsman’s report. It “urged” the Commission to correct the problems highlighted by the Ombudsman, called on to the implement Ombudsman’s recommendations, “to reform its management of public access to documents,” instructed it to respond specifically to outstanding cases relating to Covid-19 vaccines and threatened that if the Commission failed address the issues highlighted by the Ombudsman “ by the time the new College of Commissioners is established, Parliament will consider using all available parliamentary instruments to address the matter”.

With the new Commission well and truly ‘bedded down’ this would be a good time to review the response to the Ombudsman’s report.

Concerns about the growing lack of openness and transparency across EU agencies is not new. Hopefully the case for change put forward by the  EU Ombudsman and the very clear decision in the Pfizergate texts case will prompt EU lawmakers to step in and address the issue as a matter of urgency.

Caption: The European Parliament, Brussels, 4 March 2025. Transparency, integrity, and accountability are essential prerequisites for any democracy based on the rule of law. Photo: Georgi Gotev

Updated: May 15, 2025 - 08:18