Press release
ClientEarth sounds alarm as Commission stands by controversial transparency rule change
10 July 2025
ClientEarth lawyers are deeply alarmed by the European Commission's decision to stand by controversial changes of its transparency rules, in violation of EU law and binding court decisions.
The Commission this week rejected ClientEarth's request to review some concerning changes of EU Transparency rules, that would prevent the public from accessing documents that are crucial for their lives and health. The Commission stated that it acted within its legal mandate, failing to make any concessions in favour of transparency. Namely:
- The Commission maintains the confidentiality of drafts and internal exchanges, authorisation and other administrative procedures. Although it admits, following the recent judgement on the Pfiezergate scandal, that text messages of Commission officials must be recorded if they are used for work purposes.
- Crucially, the Commission denies that documents containing environmental information must be made more widely accessible – an outright violation of the Aarhus Regulation. In practice, these restrictions will block public access to vital documents on ongoing cases that directly impact our health and environment. This could include, for example, authorisations for hazardous chemicals or approvals for new medicines.
Ilze Tralmaka, ClientEarth lawyer, said:
“This reply confirms our greatest concern: the Commission is choosing secrecy over transparency, swinging straight into closed-door governance that violates EU law, fundamental democratic rights and the right to access information relating to the environment.
“Transparency isn’t just about what ends up on the public record; it’s about access to what shapes decisions - drafts, emails, text messages. The Ombudsman has made that clear time and again. Without that insight, participation becomes meaningless.
“This reply is more than worrying, and it signals a wider rollback. If people are shut out of decisions that affect the safety of their food, the chemicals in their homes, or the medicines they take, trust crumbles, scrutiny disappears, and EU policy risks becoming the domain of insiders, not a space for citizens."
Lawyers argue that this stance contradicts EU treaty obligations, the Aarhus Convention and the Aarhus Regulation, as well as multiple rulings by the CJEU, most notably the 2018 ClientEarth v Commission judgment.
ClientEarth will continue to advocate for enhancing transparency of the Commission’s actions and initiatives, and to hold it accountable for undermining the public’s fundamental rights.
ENDS
Notes to editors:
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In February, ClientEarth lawyers challenged the European Commission for ditching key transparency rules. This was done 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.
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A direct action for annulment was brought against the same rules by civil society organisations, academics and former MEP De Capitani.
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The lack of transparency in the European Commission’s processes has only been increasing. On 8 July 2025, ClientEarth submitted a formal complaint to the Ombudsman against the Commission’s refusal to provide any information on the so-called ‘critical raw materials strategic projects’ designated in March 2025.
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. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.