Transparency in the mult-jurisdictional setting of the EU

Abstract

This chapter investigates the role of transparency in controlling the exercise of power by EU agencies. Transparency provides an important tool but offers no one-size-fits-all solutions. Transparency obligations can vary in form and function, and not all forms of transparency are equally appropriate for every type of agency: agencies with rule-making powers should be obliged to provide transparency to the general public, whereas agencies that take decisions affecting individuals should be transparent primarily to those individuals. On the other hand, transparency can have downsides as well. It can have adverse effects on decision-making or may cause harm to other interests, such as public safety or commercial interests. Some agencies operate in areas where transparency is likely to have more disadvantages than benefits. In these cases, alternative forms of control must be sought.