Access to information: an introduction photo: ClientEarth Transparency is fundamental to the democratic rights of European citizens, civil society, including media and non-governmental actors. In order to ensure that environmental issues are given due consideration by European institutions, citizens must be allowed access to the information upon which decisions are made. The EU’s commitment to transparency is enshrined in its founding treaties. The ‘access to documents’ regulation (Regulation (EC) 1049/2001) sets out the conditions under which the public may have access to documents held by Community institutions. The right of access to environmental information are furthered strengthened by the Aarhus Convention which is transposed in the Aarhus Regulation (Regulation 1367/2006). However, for many members of the public, journalists, and NGOs getting access to information from European institutions is difficult. EU institutions frequently deny NGOs and journalists access to documents without good reason and in violation of transparency rules. Scientific studies on the environmental impact of European policy, studies into how Member States apply EU environmental law, letters sent by the Commission to Member States infringing EU environmental law, and legal opinions from EU institutions’ legal service on the adoption of EU regulations are all examples of documents that are kept confidential. ClientEarth uses the laws to gain access to information about environmental decision making. Currently our lawyers are working to gain access to information about environmental issues including, the impact of biofuel policy and of toxic chemicals. We also work to educate other NGOs about their rights to information under EU law. ClientEarth is also working to ensure EU transparency is protected and campaigning to prevent a review of the access to documents regulation further restricting freedom of information. |
