The Commission's approach: reform to weaken freedom of information in the Commission

Brussels has proposed a sweeping reform aimed at weakening transparency within the European Commission, sparking controversy among officials and experts. The initiative, outlined in a leaked document obtained by the portal Contexte, was developed over nine months through a study involving around 150 civil servants. The proposal suggests changes to administrative practices, particularly concerning access to documents and information freedom. The document, which has already caused unrest before its official release, is attributed to high-ranking officials with deep knowledge of the Commission’s operations. They advocate for a kind of “Perestroika” within Brussels, calling for clearer guidelines, more modern tools, and stronger operational support in handling requests for information. The current process for accessing documents is described as overly burdensome. Outdated concepts, inconsistent archiving procedures, a perceived sharp increase in request numbers, and high costs due to manual redaction of sensitive passages have placed pressure on the administration. To address these issues, the authors propose clearer directives, better archival practices, and improved record-keeping. This part of the document can be interpreted as a quiet critique of leadership, especially given repeated criticism of the Commission's transparency, notably linked to the disappearance of chat messages from President Ursula von der Leyen. While some aspects of the reform could find general approval, such as organizational adjustments related to digitization and archiving, other sections raise concerns. The authors claim that the number of requests for document access continues to rise, contradicting the Commission’s own annual reports showing a decline in such inquiries over recent years. Based on this questionable premise, they argue that transparency demands hinder the creation of a protected space for internal policy-making. Such a space, they suggest, is necessary to encourage experimentation and responsible risk-taking. Legal experts remain skeptical of these arguments. Existing EU legal frameworks already allow authorities to refuse disclosure of documents if it seriously impairs internal decision-making. European courts have repeatedly affirmed this right to an undisturbed thought space for public bodies. Moreover, von der Leyen herself tightened rules for finding and providing documents only at the beginning of her second term in late 2024. The recommendations mark the start of a broader debate. In October, a high-level expert group led by Catherine Day, a former Commission secretary-general, will assess the proposals. On this basis, Commissioner Piotr Serafin will draft an official report, which must be approved by the entire Commission collegium. Whether this anticipated restructuring will truly enhance efficiency or further limit the already criticized openness of EU institutions remains to be seen. Meanwhile, protests against the planned erosion of information freedom have begun in Germany.