EU faces transparency crisis across institutions and Berlin
European institutions and Germany's government are facing simultaneous backlash over efforts to block public access to documents, undermining democratic accountability.
The European Union’s top oversight bodies are clashing with the bloc’s institutions over a widening transparency deficit. EU ombudswoman Teresa Anjinho has opened an inquiry into the commission's handling of access requests for text messages between commission president Ursula von der Leyen and other world leaders. These clashes coincide with the commission's refusal to release Gaza funding audits and a German push to gut its freedom of information laws.
The Court of Justice of the European Union is facing its own scrutiny after an investigation found around 40 percent of its members held financial interests in major companies like Total, Airbus, and AstraZeneca. Dozens of cases revealed potential conflicts of interest between judges and the cases they were adjudicating. Anjinho has opened a separate inquiry into the court's practice of hiding past declarations of interest once they are updated, questioning why documents that previously entered the public domain are now shielded.
In response to the reporting, General Court president Marc van der Woude confirmed plans to introduce AI tools to strengthen monitoring, and more than 30 judges updated their declarations. The European Parliament has also asked the Council to clarify the safeguards applied when appointing court members.
Separately, the European Commission is refusing to release 17 audit reports detailing how EU money financed physical infrastructure in Gaza before October 2023. Michael Karnitschnig, the acting director general of the Middle East branch, denied access by claiming disclosure "could undermine the bilateral relations of the European Union with Palestine" and posed a security risk.
The argument has been widely criticised because the infrastructure—representing a probable EU price tag well north of €155m—has largely been destroyed during a military campaign that has killed more than 70,000 people. Furthermore, Karnitschnig cited public URLs that already describe the demolished projects, such as a water treatment facility in Khan Younis. The refusal aligns with von der Leyen's approach to avoiding measures that might upset Israel, having required unanimous approval from all 27 member states to suspend trade provisions.
Berlin sets its sights on transparency rules
The pressure on openness extends to Berlin, where the German coalition government is pushing to restrict its 20-year-old freedom of information law. Proposed changes would limit applicants to German legal residents proving a "legitimate interest", redact officials' names, and raise fees from a €500 cap to potentially thousands of euros. Federal Commissioner for Data Protection and Freedom of Information Louisa Specht-Riemenschneider said the plans "amount to the abolition of the freedom of information that has been in place for 20 years."
Transparency NGO FragDenStaat's Arne Semsrott called the proposal "the most serious attack on government transparency in the history of the Federal Republic." An online petition against the move has gathered more than 400,000 signatures, and some social democratic MPs have signalled opposition. However, the government has so far shown no sign of backing down.
This simultaneous retreat from openness matters because the EU relies on the rule of law to enforce its single market and regulate corporate interests. When auditors cannot track over €1bn in pledged aid, judges sit on cases involving companies they hold shares in, and governments hide behind steep fees, public trust in European economic governance erodes.
