WRITTEN QUESTION E-0144/01

by Christopher Huhne (ELDR) to the Council

(1 February 2001)

Subject: Council secrecy

Will the Council seek the advice of its Legal Service so as to ascertain whether the continued practice of meeting in secret, even when discussing legislation, is consistent with:

(a) the European Convention for the Protection of Human Rights and Fundamental Freedoms, and

(b) the constitutional traditions common to the Member States?

Does it consider that this practice complies with Article 6 of the Treaty on European Union?

Joint answer to Written Questions E-0140/01, E-0141/01, E-0142/01, E-0143/01 and E-0144/01

(31 May 2001)

1. The Council recalls to the Honorable Parliamentarian that it does not see any problem in separating the items of a legislative and those of an executive nature discussed within the Council. In fact, the Council already identifies matters where it acts in a legislative capacity (see Article 7 of its Rules of Procedure listing the cases in which the Council acts in its legislative capacity within the meaning of Article 201(3) second subparagraph of the EC Treaty), with, precisely, a view to enhancing transparency in this area of activity.

2. The Council recalls to the Honorable Parliamentarian that it has already gone a long way in opening up its proceedings to the public. Amongst measures taken pursuant to this line, the Council underlines:

- the practice of holding at least one public debate on important new legislative proposals,

- pursuant to Article 207 of the EC Treaty and the Council's Rules of Procedure, the automatic release to the public of the results and explanation of the voting, together with statements entered in the minutes whenever the Council is acting in a legislative capacity,

- the access to Council documents, which is normally granted whenever the Council acts in a legislative capacity, whilst the recourse to the right of refusal in order to protect the confidentiality of the Council's proceedings is kept to the minimum required,

- the publication on Internet of lists of provisional agenda items, including references to documents examined in connection with each agenda item, for meetings of the Council and of the Council's preparatory bodies involving cases in which the Council acts in a legislative capacity.

3. The Council is currently working on the defining of new rules aiming at enhancing the existing rules on transparency for all legislative documents. The Council attaches considerable importance to opening up its legislative activity to the maximum extent possible, whilst balancing that with the need to preserve efficient and effective decision-making and the need to protect classified information and ensure confidentiality of its proceedings when it is acting in a non legislative capacity.

In this respect, this approach is in line with the undertaking contained in the Declaration on the future of the Union to be entered in the Final Act of the Conference (see Annex IV to the draft Treaty agreed at Nice by the Conference of the Representatives of the Governments of the Member States), paragraph 6 of which underscores that the Conferencerecognises the need to improve and to monitor the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to the citizens of the Member States.

4. The Council considers that it would be inappropriate for the Council to comment on either the way in which national legislatures decide to organise their work, or on matters which are pure speculation or conjecture.

5. In any case, as far as breaches of Article 6 of the TEU are concerned, Article 7 TEU sets out the procedure to be used for determining a serious and persistent breach by a Member State of the principles mentioned in Article 6(1). Moreover, the Council would draw the attention of the Honorable Parliamentarian to the fact that the Treaty of Nice also includes an additional provision in Article 7 allowing the Council to determine that a clear risk of a serious breach exists under which the Parliament will have a right of initiative.

6. The Council considers that its own practice is compatible with Article 6 of the TEU and sees no need to request an opinion of its Legal Service regarding the implementation of the Treaty and its own Rules of Procedure on this question.