Transparency is essential to ensure the credibility and legitimacy of
international trade and investment negotiations. Besides its external dimension
(the access of the general public to information), in the European context
there is also an internal dimension to the concept – referring to the exchange
of information between different European institutions. Pursuant to the Treaty
on the Functioning of the European Union, the European Parliament has the right
to be regularly informed by the European Commission during the negotiation of
any trade agreement. The exercise of this right is, however, constrained by the
existence of rules concerning the creation and management of official secrets.
These rules may obscure the Parliament’s understanding of relevant issues, thus
limiting its ability to exercise democratic control. While the promotion of a
high degree of transparency helps to strengthen democratic scrutiny,
accountability and legitimacy of the European trade policy; it is also
necessary to safeguard confidential or sensitive information and ensure
productive, orderly negotiations, so as not to jeopardise the interests of the
Union. This article argues that the regulatory framework currently in place
strikes a proper balance between these diverging interests and enables the
European Parliament to effectively perform its oversight powers.