De Capitani (GC) T-540/15

Updated: Jan 8

(2018)

TRILOGUES AND TRANSPARENCY

→ More transparency in the trilogues


LEGAL ANALYSIS

Former EP worker asks for access to the “four column document” during the TRILOGUES for more TRANSPARENCY. He wants to know where the Parliament or Council are making concessions.


Council, EP, Commission deny his request arguing that the trilogues need to be a private document until the end of negotiations. Otherwise, it would become more difficult to make compromises if the institutions feel that all of their points of views and concessions are known by the public immediately. It would also increase the risk of pressure by the public and other stakeholders to not make certain concessions. Overall they argue that this would make the possibility of compromise unlikely.


1. About the argument that this raise the pressure

CJEU → §98 pressure is normal, same kind of pressure when a member of the legislative body is proposing amendments (case of art. 294 TFEU and this is public).


2. About the argument that the four column document is just a provisional text

CJEU → no problem just mention that its provisional, that it is a document on ongoing negotiations.


→ More transparency in the trilogues.

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