The Right to Transparency in the External Dimension of the EU Migration Policy: Past and Future Secrets

Transparency is a democratic principle and a fundamental right in the European Union. The openness of public institutions is expected to foster the participation of citizens in decision-making and to increase the legitimacy of the administration. However, transparency is not always ensured in the external dimension of the EU migration policy. This sector is increasingly characterised by informal ‘deals’, including nonbinding instruments entered into by EU institutions and arrangements made by the Member States but implemented by the Union. These instruments and the preparatory documents related to them are frequently not published. Moreover, individuals may have difficulty obtaining access to unpublished documents related to migration deals, especially in light of the case law.