Antici+1 (legal advisers) – Meeting on
Tuesday, 4 September 2018, 14h30
In a Policy Paper on legislative transparency dated Friday, 13 July 2018, the GSC proposed 'a
new approach towards legislative transparency and information', updating the current Council
rules and practices for the publication and circulation of legislative documents in light of
developments, operative needs and case law.
The discussion in Coreper II on 18 July 2018 showed that while Member States remain
committed to legislative transparency, no consensus could be reached on the approach to be
taken. In particular it appeared that a more thorough understanding of the legal requirements,
current practices and possible avenues for action was needed. Therefore, Coreper tasked the
Antici Group and the legal advisers to further examine the issue of legislative transparency in
view of a future discussion in Coreper.
As a first step, at the Antici+1-meeting on 4 September 2018, the Presidency intends to
examine the current practices and existing (legal) constraints, based on presentations from the
Council Legal Service and the GSC:
• First, a better understanding is needed of the legal requirements for legislative
transparency, stemming from the Treaties, the Regulation on public access to European
Parliament, Council and Commission documents (1049/2001), the Council's rules of
procedure and the existing case law.
• Second, an overview wil be provided of the different documents produced during a
typical legislative process, including the current practice regarding whether these
documents are public or not.
• Finally, a more thorough understanding is needed as regards the current practices with
respect to access to documents requests received by the Council, including basic
statistics amongst others on the numbers of public vs limité
documents, the numbers of
requests for access to documents as well as data on the granting or refusal of access
following a request.
Once a better understanding of the current practices and constraints is established, further
meetings could dwell on the question whether, and if so, which current practices may need to be
adapted before turning to possible policy options.