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EU: Secrecy attacked

01 March 1995

In an article in the leading Dutch legal journal "Nederlands Juristen Blad", Professors Curtin and Meijers have made a detailed analysis of the (lack of) openness of European administration. They conclude that the European Union is characterised by autocratic rulers and secretive committees, and that this threatens national democracies. Although only four of the EU's 15 member states (Austria, Germany, Ireland (where a Freedom of Information bill is expected soon) and the UK) lack any constitutional arrangements or specific legislation regulating access to government documents the EU practice may become the norm.
The two law professors argue that under the European Convention of Human Rights, the right of the public to be properly informed is explicitly recognized, and that EU practices are in flagrant violation of this. They also look at the "Schengen" arrangements and conclude that under its secret regime there is no equality in the legal process if only one side knows the secret rules under which a case is to be handled. The absence of any international court to interpret the very vague key terms and wordings of the Schengen documents is criticised as well.

Openbaarheid in Europa: Geheim bestuur door "Schengen" en "Maastricht"?, Deirdre Curtin and Herman Meijers. NJB 3.2.95, pp158-173.