Access to Environmental Information in the EU: A Great Policy No-One Needs?

It is commonly argued that public institutions resist the advance of transparency, while civil society organisations (CSOs) are expected to advocate for more generous transparency laws that allow them to better participate in decision-making. Remarkably, the way in which transparency developed in the Environment Council at least partially contradicts both claims. Here, the Council oversaw a steady expansion in the formal transparency policy framework, without notable resistance from the Council or its members. Yet from the outset, CSOs hardly made use of their transparency rights to obtain access. This article seeks an explanation for this apparently anomalous development in informal norms. Applying a qualitative case-study analysis of multiple data sources, it demonstrates how informal norms develop alongside the formal access regime, implicating external actors, serving diverse and at times contradictory objectives, and showing a dynamic character over time. The findings highlight the indispensability of informality for understanding formal transparency policies.