STUDENT NOTE: THE TRANSPARENCY REGULATION IN CONTEXT: A PROXY FOR LEGITIMACY OR AN INSTRUMENT OF REGULATORY PRACTICE?

16 Colum. J. Eur. L. 465 (2010)

Jan-Krzysztof Dunin-Wasowicz. J.D., Columbia Law School, expected 2012; Maîtrise en droit & degree in International Commercial Law, University of Paris I (Sorbonne), expected 2012; Master’s degree, Public Administration, Institut d’Études Politiques de Paris (Sciences Po), 2007; European Studies undergraduate program, Institut d’Études Politiques de Paris (Sciences Po), 2005. I am grateful for the insightful and meticulous editorial assistance of Sandra Rutova.

This Article joins a policy debate over the reform of Council Regulation 1049/2001 (the “Transparency Regulation”) which

governs access to documents held by European institutions. The

Transparency Regulation was enacted under the premise that its

disclosure-friendly rules would effectively mitigate the democratic

deficit of the European Union. This Article probes the posited

relationship between the law of access to documents and the

theory of European Union legitimacy. It inquires into the actual

effects that have ensued from applying the Transparency

Regulation and shows how participants in the regulatory process

have resort to that legislation for purposes not contemplated by its

drafters. The reality of practice, as evidenced by the subject matter

of the relevant case law, is at odds with legislative intent. The

Article concludes that although the Transparency Regulation has

contributed to the emergence of a supranational system of

regulatory accountability, it has failed to enhance the democratic

legitimacy of the European Union.