Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-01-13-Speech-2-256"
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"en.20090113.26.2-256"2
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"Mr President, Mrs Wallström, ladies and gentlemen, the transparency principle is a basic principle of the European Union. It reinforces the democratic nature of our institutions and facilitates the participation of the citizens in the decision-making process, so ensuring greater legitimacy for public authorities by making them more effective and answerable to the people. I support the principle that all democratic institutions have a duty to ensure that their activities, documents and decisions are made public. Access to documents is a fundamental element in the loyal cooperation that is necessary between the European institutions.
During the investigation into the activities of the CIA in Europe, I criticised the Council forcefully for violating this loyal cooperation by imposing restrictions – full and partial – on access to essential documents. That is why I also applauded the decision of the Court of Justice in relation to the Turco case, in which it concluded that there exists, in principle, an obligation to disclose the opinions of the Council’s Legal Service relating to a legislative process; those opinions could be crucial to understanding the direction that the decision-making process took.
I agree that the revision of the 2001 Regulation should proceed, not just to provide a response to the deficiencies since detected in it, but also in order to incorporate the most recent case-law, specifically the judgment in the Turco case. Nevertheless, we must clearly respect the legal basis at our disposal. Some of the rapporteur’s proposals go much further than is permitted under the legal basis, as has already been mentioned by Mr Herrero and Mr Cashman.
There are, for example, rules aimed at national parliaments that have no legal basis. In the judgment in the Turco case, the Court of Justice itself recognises that the application of the Regulation must respect a balance between the risks of publication and the public interest served by making that document accessible. In some cases, Mr Cappato makes proposals that, in my view, put this balance at risk."@en1
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