Transparency of the EU legislative process: trilogues

Trilogue negotiations have become the primary method for negotiating EU legislation, with 89% of legislative files reaching agreement during the 9th parliamentary term (2014-2019). However, these negotiations are highly opaque, with the public only able to access initial positions and final outcomes, leaving intermediate discussions in the dark. 

Proactive dissemination of trilogue documents in a timely manner is essential in a democratic society, as it allows public participation in the ongoing legislative process, strengthens legitimacy and public support for the decisions made and curbs undue lobbying influence. The Court of Justice of the EU and the European Ombudsman have repeatedly emphasized the need for greater transparency in trilogue negotiations.

This briefing explains why trilogue documents should be public and why arguments to keep them confidential are not convincing. It also recommends which documents must be included at a minimum and what changes need to be made to facilitate that.