The Transparency of EU Agency Science – Towards a New Proactive Approach Post-Covid19

Amsterdam Law School Research Paper No. 2021-38

Amsterdam Centre for European Law and Governance Research Paper No. 2021-04

22 Pages Posted: 17 Nov 2021

See all articles by Eogan Hickey

Eogan Hickey

affiliation not provided to SSRN

Maria Weimer

Amsterdam Centre for European Law and Governance, University of Amsterdam

Date Written: November 12, 2021

Abstract

There is broad agreement about the normative value of transparency when it comes to agency science, i.e. the scientific information that underpins, and often significantly shapes, public regulation. Transparency of agency science is seen as crucial in securing the legitimacy of and trust in EU risk regulation. Yet, how exactly transparent scientific advice for policy should look like in practice and what role law plays in this regard is much more disputed. In this paper, we analyse recent EU legal and regulatory developments concerning access to information held by the three most important risk regulation agencies, the European Medicines Agency, the European Food Safety Authority, and the European Chemicals Agency. Our main finding is that the current EU legal approach to the transparency of agency science is undergoing significant change as a result of both legislative change, agency practice and recent developments of Covid19 pandemic management.

Keywords: EU law, transparency, agency science, risk regulation, access to documents

JEL Classification: K2, K23, K32

Suggested Citation

Hickey, Eogan and Weimer, Maria, The Transparency of EU Agency Science – Towards a New Proactive Approach Post-Covid19 (November 12, 2021). Amsterdam Law School Research Paper No. 2021-38, Amsterdam Centre for European Law and Governance Research Paper No. 2021-04, Available at SSRN: https://ssrn.com/abstract=3962175 or http://dx.doi.org/10.2139/ssrn.3962175

Eogan Hickey

affiliation not provided to SSRN

Maria Weimer (Contact Author)

Amsterdam Centre for European Law and Governance, University of Amsterdam ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

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