Brussels, 03/07/2014 (Agence Europe) - The MEP Sophie in't Veld (ALDE, Netherlands) has won her case against the Council of the EU, which failed to show the necessary transparency over the so-called SWIFT-TFTP agreements concluded by the European Union with the United States on tracking the funding of terrorism.
In July 2009, in 't Veld asked the Council for access to the opinion of its legal service on the legal basis for the SWIFT agreement. This access was denied to her and the document kept secret. She then brought a case before the General Court, which she won. However, the Council appealed.
The SWIFT agreement governs the transfer of bank data to the United States by the international system, SWIFT. Until now, the Council has refused to divulge the opinion of its legal service on the legal basis for the agreement.
In its verdict of 3 July, the Court of Justice of the EU upheld the General Court judgment and called on the Council to re-examine in't Veld's request, showing greater transparency. Amongst other things, it took the view that the disclosure of this document did not infringe the international negotiations then underway (and which were labouriously ratified by the EP in 2010). Furthermore, the principle of transparency, which is enshrined in the treaties, may also apply to a document which does not concern a legislative procedure, the Court rules. “This is a great victory. The Court clearly states that transparency is a prerequisite for a truly democratic Europe. The European Union must develop from a Europe of diplomats, discretion and confidentiality to a Europe of citizens, administrative transparency and trust”, the Dutch MEP commented in a press. (SP)