The Politics of Legal Expertise in EU Policy-Making

Leino-Sandberg, Päivi

doi:10.1017/9781108908757

Cited by 8 publications

(1 citation statement)

References 140 publications

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“…However, the Commission's internal position building is covered by high levels of confidentiality. 136…”

Section: Politics Of Expertise In the European Commissionmentioning

confidence: 99%

Transparency and Trilogues: Real Legislative Work for Grown-Ups?

Leino-Sandberg

2022

Eur. j. risk regul.

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Trilogues represent a decisive stage in the European Union (EU) legislative process and often settle the substantive content of EU legislation. During trilogues, negotiations move fast and new solutions are actively identified by the negotiators. The (lack of) transparency of trilogues has been repeatedly criticised in recent years, yet the EU institutions have defended their “space to think”. Relying on a set of interviews with trilogue participants, this paper mirrors the institutional practices in the final stages of EU law-making against the requirements of openness in the EU Treaties, which aim to strengthen “democracy by allowing citizens to scrutinize all the information which has formed the basis of a legislative act”. The paper argues that, despite noble proclamations, the EU’s legislative practices are characterised by institutional discretion and the lack enforcement of transparency requirements. The paper describes how trilogues are conducted and how questions involving risk management and technically complex issues are assessed in this process. Greater transparency would also help to ensure that risks and alternatives are properly assessed and would thus contribute to better-quality risk regulation in the EU.

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“…However, the Commission's internal position building is covered by high levels of confidentiality. 136…”

Section: Politics Of Expertise In the European Commissionmentioning

confidence: 99%