EU Commission circumvented transparency regulations for sustainability laws.

The EU Ombudswoman, Teresa Anjinho, revealed that the European Commission bypassed key procedural rules in three separate legislative initiatives, which were meant to follow the EUs Better Regulation standards. These rules are designed to ensure that lawmaking is evidence-driven, transparent, and inclusive when drafting new legislation.

The cases under review involved preparations for corporate sustainability due diligence (Omnibus I), the Common Agricultural Policy (CAP), and anti-migrant smuggling measures. In each instance, the Ombudswoman found that the Commission did not fully adhere to its own standards.

Anjinho acknowledged that the Commission needs flexibility to respond rapidly to geopolitical and policy challenges but emphasized that certain principles of good law-making cannot be compromised even for the sake of urgency. She underlined the necessity for accountability and transparency, stating that the Commission should clearly explain its actions to citizens.

The investigation highlighted failures such as insufficient justification of legislative urgency and inadequate documentation explaining deviations from internal lawmaking rules. Specific issues in the three legislative processes included:

• Omnibus I: Reducing consultation time between Commission departments to under 24 hours across a weekend.
• Migrant smuggling legislation: Releasing supporting evidence for the proposal late in the process.
• CAP: Publishing key documents after legislative approval and lacking clear internal records of climate consistency assessments for both CAP and Omnibus I.

The Ombudswoman issued two main recommendations: to ensure consistent application of Better Regulation rules even in urgent situations and to maintain transparency and evidence-based approaches in fast-tracked legislation. She also proposed that the Better Regulation framework should require climate impact assessments for all legislative drafts and establish minimum standards for stakeholder consultation during accelerated procedures.

These inquiries were prompted by complaints from civil society organizations claiming that circumventing internal rules undermined legislative integrity. In November, Members of the European Parliament (MEPs) approved revisions to the EUs corporate sustainability reporting and due diligence requirements, with final legislation expected by the end of 2025.

Author: Logan Reeves