WRITTEN QUESTION E-2675/98

by Gerhard Hager (NI) to the Council

(1 September 1998)

Subject: Transparency and openness in the sphere of justice and home affairs

When they met within the Council in March 1998, the Ministers responsible for justice and home affairs issued a statement on openness and transparency. The object was to make details of measures more readily and rapidly accessible, provide regular exhaustive information to the press, and organise open Council debates. In addition, the national parliaments were to be briefed at an earlier stage.

1. What practical steps will the Presidency-in-Office take to implement the above statement?

2. How will information (for the public and Press) be made more easily accessible?

3. What will be done to involve the national parliaments earlier in the day?

4. What open debates is the Austrian Presidency planning to organise?

5. How far has the Council progressed in its preparations to compile a list of documents available for inspection by the public, an essential means of promoting transparency and bringing the Union closer to citizens?

6. What seminars and conferences on justice and home affairs does the Austrian Presidency plan to hold? How will the conclusions be brought to public notice?

7. According to reports, the British Presidency, in collaboration with the Commission, drew up an exact list of legislation constituting the third pillar acquis, which is now to be used as a basis for the accession negotiations. Would it not be conducive to transparency to publish the list? If so, when can the list be supplied?

Reply

(7/8 December 1998)

The Council must emphasise that it attaches considerable importance to complying with its obligations as regards transparency and public access to Council documents. This is particularly the case as regards decisions concerning access to documents under Council Decision 93/731/EEC.

The Council is also aware of the new obligations which entry into force of the Amsterdam Treaty will impose on it with regard to openness. Article 1 of the TEU, as amended, will establish the principle of openness in decision-making within the EU and Article 255 of the EC Treaty, as amended, will give citizens of the Union right of access to European Parliament, Council and Commission documents, subject to principles and conditions to be defined. Under Article 41 of the amended TEU, Article 255 will also apply to Title VI of the TEU.

As to the Honourable Member's question regarding the practical steps taken by the Presidency-in-Office, the Council would point out that the conclusions adopted by the Justice and Home Affairs Council on 19 March 1998 have been and are being taken into account with respect to all measures, decisions and action of the Austrian Presidency. The schedule of meetings of the K.4 Committee and the working parties has been made available to the public and the number of press conferences has been increased. In addition, the Presidency intends to publish a progress report at the end of its term of office on the work carried out in the sphere of justice and home affairs. It is also proposed to publish the proposals put forward at the time of their submission to the European Parliament, initially on the Internet and subsequently in the OJEC.

As far as open debates are concerned, it should be noted that the Council, in its "justice and home affairs" composition, will hold an open debate on 3 December 1998 on the subject of an "Action plan on establishing an area of freedom, security and justice".

It should also be pointed out that a number of seminars in the field of justice and home affairs have been organised under the Austrian Presidency. A detailed list will be forwarded directly to the Honourable Member.

In addition, work is currently under way on the publication on the Internet of documents concerning Title VI. This work will be completed as soon as possible. A copy of the list of the European Union's acquis in the field of justice and home affairs up to May 1998 will be forwarded directly to the Honourable Member.

Finally, the Council would draw attention to the fact that the Protocol on the role of national parliaments in the European Union, which will be added to the Treaties by the Amsterdam Treaty, provides for national parliaments to be informed in good time of any legislative proposal or other significant measure to allow them to examine it. This Protocol is intended to encourage the closer involvement of national parliaments in the European Union's activities and to enhance their ability to express their points of view on matters of particular interest. It should be noted that the Council's practice, where justice and home affairs are concerned, is to make all documents available in the eleven official languages of the European Union at least fifteen days before the Council meeting concerned. As a result, all national parliaments have the possibility - through their Governments - of scrutinising the proposals made within the European Union framework.