Press release

ClientEarth challenges the European Commission for ditching transparency rules

03 February 2025

ClientEarth lawyers have challenged the European Commission for ditching key transparency rules, in blatant breach of EU law and binding court decisions [1]. In December 2024, the European Commission quietly amended rules [2] to prevent the public from accessing crucial documents. In response, ClientEarth has filed a formal complaint, urging the Commission to repeal the unlawful changes.

ClientEarth lawyer Ilze Tralmaka said:

“At a time when democracy and the rule of law are under threat worldwide, transparent decision-making is of utmost importance. But instead of opening up, the European Commission has chosen to hide more and more information – in violation of its own laws.”

In practice, these changes will prevent members of the public from accessing documents related to ongoing files that are crucial for all of our lives and health. This could include authorisations for the use of dangerous chemicals, the marketing of new medicines, and many other authorisation processes in the EU.

More broadly, it will make it even more difficult for the public and civil society to contribute scientific and legal expertise, leading to less informed decision-making. Members of the public could be denied access to documents such as draft impact assessments or legal opinions when the EU institutions are debating new laws. This will prevent the public from understanding the options considered by the institutions when making the laws that affect them, and from exercising their democratic rights.

Tralmaka added:

“Transparent decision-making is one of the pillars of democracy and the rule of law, both of which the Commission is in charge of safeguarding. The changes create inaccessible processes that shut out stakeholders from crucial environmental decisions, leaving civil society and the public at the mercy of institutional gatekeeping.”

The Aarhus Convention [3] grants members of the public a very broad right to access information about the environment and decisions that affect it. ClientEarth stresses that civil society organisations need access to draft documents, legal opinions, and impact assessments to effectively participate in democratic decision-making. Without this access, we end up with laws that do not reflect the society they govern.

ENDS

Notes to editors:

Lawyers have challenged the European Commission using the request for internal review mechanism. In 2021, a landmark reform of EU access to justice laws was approved. This has lifted the main barriers preventing NGOs and people from challenging environmental wrongdoings in court.

Environmental NGOs now have the right to ask EU institutions and bodies – in this case the European Commission – to review one of their own decisions for contravening EU law related to the environment. The Commission must officially reply to such a request within 16 weeks, a deadline that can be extended up to 22 weeks. If the claimants find that the Commission’s reply does not fix the legal violation, the claimants can sue the Commission in the Court of Justice of the European Union.

[1] For example, Judgment of the Court (Grand Chamber) of 4 September 2018: ClientEarth v European Commission.

[2] Commission Decision (EU) 2024/3080 of 4 December 2024 establishing the Rules of Procedure of the Commission and amending Decision C(2000) 3614.

[3] The Aarhus Convention has been signed by all EU Member States and ensures three key rights on environmental issues: access to information, public participation and access to justice.

About ClientEarth

ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.