Transparantie in de EU-Raad: Onvermijdelijk en onmisbaar? Onverzadelijk en onuitvoerbaar?

The democratic deficit is generally observed to be one of the largest challenges facing the European Union. This is in spite of the fact that the member states introduced transparency in 1992 to address this legitimacy problem. This article asks why, after several decades, the transparency policy has still not delivered on its promise. In doing so, it bases itself on new empirical data that was collected in the context of a recently presented dissertation (Hillebrandt, 2017), while drawing a strict distinction between the empirical policy change question and the normative desirability question. From a longitudinal comparative analysis, a differentiated empirical image arises. On the one hand, a clear enhancement of legislative transparency can be discerned; on the other hand, a plurality of transparency-evasive practices has emerged in the area of non-legislative decision making. This equivocal image supports contrasting normative responses, according to which transparency is respectively cast as an indispensable ideal, a fiction, or a solution in search of a problem.