WRITTEN QUESTION E-0144/01 by Christopher Huhne (ELDR) to the Council. Council secrecy.
Date: 2001-02-01
Institutions: European Parliament, Provisional data
Subjects: Council of the European Union, Treaty on European Union, legislative power, transparency in decision-making

C 261 E/46

Official Journal of the European Communities

EN

18.9.2001

The table comprises the officials and temporary staff in active employment, all budgets mixed (Adminis-
tration, Research and Technological Development, Office for Official Publications and OLAF).

(2001/C 261 E/046)

WRITTEN QUESTION E-0140/01

by Christopher Huhne (ELDR) to the Council

(1 February 2001)

Subject: Legislative discussions

Does the Council see any problem in separating the items of a legislative and those of an executive nature
discussed within the Council?

(2001/C 261 E/047)

WRITTEN QUESTION E-0141/01

by Christopher Huhne (ELDR) to the Council

(1 February 2001)

Subject: Open debates

What is the Council(cid:146)s objection to the opening up of its meetings to the public and the press whenever
items of a legislative nature are discussed and put to the vote?

(2001/C 261 E/048)

WRITTEN QUESTION E-0142/01

by Christopher Huhne (ELDR) to the Council

(1 February 2001)

Subject: Secrecy of national legislatures

Is the Council aware of any EU Member State which has a chamber of its legislature that meets in secret
when discussing legislation?

(2001/C 261 E/049)

WRITTEN QUESTION E-0143/01

by Christopher Huhne (ELDR) to the Council

(1 February 2001)

Subject: Democratic criteria

If a Member State decided that its national legislature should henceforth meet in secret, would the Council
believe that such a Member State continued to meet the criteria set out in Article 6 of the Treaty on
European Union?

(2001/C 261 E/050)

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?

18.9.2001

EN

Official Journal of the European Communities

C 261 E/47

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.

The Council recalls to the Honorable Parliamentarian that it has already gone a long way in opening

2.
up its proceedings to the public. Amongst measures taken pursuant to this line, the Council underlines:

(cid:129) the practice of holding at least one public debate on important new legislative proposals,

(cid:129) pursuant to Article 207 of the EC Treaty and the Council(cid:146)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,

(cid:129) the access to Council documents, which is normally granted whenever the Council acts in a legislative
in order to protect the confidentiality of the

capacity, whilst the recourse to the right of refusal
Council(cid:146)s proceedings is kept to the minimum required,

(cid:129) 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(cid:146)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 (cid:145)Declaration on the future of
the Union to be entered in the Final Act of the Conference(cid:146) (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 Conference(cid:145)recognises 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(cid:146).

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 Parliamenta-
rian 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.