EU: Secrecy case
01 September 1994
The European Council, which represents the 12 EU governments, has defended its practice of refusing to release documents to journalists and the public in its defence in the European Court of Justice in the case brought by the Guardian newspaper. The Guardian's case was lodged with the court in Luxembourg in May and the Council responded at the end of July (see Statewatch, vol 3 no 6; vol 4 nos 1, 2, 3, 4).
The Council, in asking the Court to reject the Guardian case, says that the repeated declarations by the EU Prime Ministers at Summit meetings for "transparency" and "openness" were no more than "policy orientations" and had no binding effect. These declarations were "of an eminently political nature and not binding on the community institutions". Further it maintains that it cannot make minutes and preparatory documents available because they would reveal the position of different governments who would feel "compromised" if their views were known. Its submission says:
"
What is in fact at stake for the council is the basis on which it operates as an institution. It is, therefore, the functioning of the entire decision-making process of the community which is in question (Emphasis in original)."
What the submission in its defence does address is the fact that the Council is the only legislative body in Europe to deny access to the official record of its proceedings. In national parliamentary systems it is usual for governments to produce statements, reports, or "White Papers" in addition to parliamentary Bills prior to the adoption of policy and legislation, and to be open to questioning and debate. None of these "normal" procedure operate as far as the Council (and the various Councils of Ministers) is concerned - the first the press and public know of a new policy is when it has been agreed by all 12 states and is therefore not open to amendment.
The Guardian case has received backing from the Legal Affairs Committee of the European Parliament (unanimously), the European Trade Union Federation, the European Ecumenical Commission for Church and Society, the European Roundtable of Associations and Foundations, and the Norwegian Union of Journalists and from the Dutch and Danish governments.
Case T-194\94 J.Carvel and the Guardian Newspapers Ltd v. Council of the European Union.