In the latest ksnh::law blog posting titled "EU About To Lock Away Their Documents More Easily Than Ever?" my colleague Axel Horns discusses the poor level of information transparency within the EU legislative process, starting from Article 2 (1) of the Regulation No 1049/2001 of the European Parliament and of the Council of May 30, 2001 reading
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, subject to the principles, conditions and limits defined in this Regulation.Clearly, important EU political actors try to create as little publicity as possible by amending current transparency rules.
Prominent examples of the EU's closed-door approach towards legislative and administrative decision-making from the IP field include
- the negotiations on the ACTA treaty which were kept in secrecy in order to keep out of the information flow certain NGOs which might potentially be seen as critics of the current system of Intellectual property rights, and
- the locking away of a legal opinion on certain provisions of the planned EU Unitary Patent.
- Draft agreement on the European Union Patent Jurisdiction - compatibility of the draft agreement with the Opinion 1/09 (21.10.2011, pdf)
- Draft Agreement on the creation of a Unified Patent Court - Preparation of the Competitiveness Council on 5 December 2011 (01.12.2011, pdf)
- Draft Agreement on the creation of a Unified Patent Court - Presidency compromise text (06.12.2011, pdf)
(Photo: (C) 2009 by glsims99 via Flickr and licensed under the terms of a CC license)