On Wednesday 22 August, the European Ombudsman, Emily O'Reilly, closed an investigation after the Council of the EU agreed to publish an opinion of its legal service in the framework of a legislative procedure modifying European rules to tackle money laundering.
However, O'Reilly has criticised the time it took the Council to act, as the publication did not happen until the legislative procedure had been finalised. She considers that this situation prevented the plaintiff, the NGO Access Info Europe, and other civil society organisations, from using the said document to intervene in European law-making.
“The Ombudsman is of the view that this is an example of a case in which access delayed is access denied. The Ombudsman finds both the delay and its consequences regrettable”, O'Reilly said in her analysis, published on her website.
A reflection has been started at the Council on a new approach to legislative transparency, following a judgment of the General Court of the EU (case T-540/15) clarifying the terms for the publication of a document used in an active legislative procedure (see EUROPE 12067). (Original version in French by Mathieu Bion)