The transparency of EU agency science Towards a new proactive approach

Open Access
Authors
Publication date 06-2022
Journal Common Market Law Review
Volume | Issue number 59 | 3
Pages (from-to) 673–710
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
  • Faculty of Law (FdR)
  • Interfacultary Research
Abstract
Recent health and environmental crises have emphasized the importance of transparency of agency science, i.e. the scientific information that underpins public regulation. Yet how EU law shapes the transparency of EU agency science and whether it contributes to publicly holding experts to account for the quality of their advice, remains an open question. This article analyses the transparency regimes of three EU agencies.We show that the EU legal approach to transparency of agency science is undergoing significant change, through legislative reform and agency practice. The traditional “passive” approach based on the Access Regulation is fragmented and reveals several shortcomings. Recent trends, such as the 2021 reform of the General Food Law, indicate that the EU is moving towards “proactive transparency”, which improves expert accountability. Our study contributes to debates on EU risk regulation and the general reform of the Access Regulation. The article offers an interdisciplinary perspective informed by political epistemology, namely the study of the role of experts in public decision-making.
Document type Article
Language English
Related publication The Transparency of EU Agency Science – Towards a new proactive approach post-Covid19
Published at https://doi.org/10.2139/ssrn.3962175 https://doi.org/10.54648/cola2022049
Downloads
SSRN-id3962175 (Submitted manuscript)
COLA2022049 (Final published version)
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