To What Extent Can the CJEU Contribute to Increasing the EU Legislative Process’ Transparency?

Benjamin Bodson
Additional contact information
Benjamin Bodson: Centre for International and European Law, Catholic University of Louvain, Belgium

Politics and Governance, 2021, vol. 9, issue 1, 272-280

Abstract: Alongside other actors such as the European Ombudsman, the Court of Justice of the European Union (CJEU) plays what looks like, at first sight, a key role in improving the transparency of EU legislative procedures. To take two relatively recent examples, the De Capitani v. European Parliament (2018) judgment was perceived as a victory by those in favor of increased transparency of EU legislative procedures at the stage of trilogues, as was the ClientEarth v. European Commission (2018) judgment regarding the pre-initiative stage. Both rulings emphasize the need for “allowing citizens to scrutinize all the information which has formed the basis of a legislative act…[as] a precondition for the effective exercise of their democratic rights” ( ClientEarth v. European Commission , 2018, §84; De Capitani v. European Parliament , 2018, §80). Nevertheless, while the CJEU’s case law may indeed contribute to improving the legislative process’ transparency, its impact on the latter is inherently limited and even bears the potential of having a perverse effect. This article sheds light on the limits of the CJEU’s capacity to act in this field and the potential effects of its case law on the EU institutions’ attitudes or internal organization.

Keywords: Council of the European Union; Court of Justice of the European Union; European Commission; European Parliament; European Union; legislative procedure; transparency (search for similar items in EconPapers)
Date: 2021
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.cogitatiopress.com/politicsandgovernance/article/view/3969 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cog:poango:v9:y:2021:i:1:p:272-280

DOI: 10.17645/pag.v9i1.3969

Access Statistics for this article

Politics and Governance is currently edited by Carolina Correia

More articles in Politics and Governance from Cogitatio Press
Bibliographic data for series maintained by António Vieira () and IT Department ().