CM2107 ‘Working Documents’ in the Council of the EU cause a worrying increase in secrecy in the legislative process

Which EU legislative documents are or are not public has long been controversial in the Council of the EU, in spite of clear case law from the Court of Justice. With the introduction of the so-called ‘Delegates’ Portal’ in 2015, all categories of informal Council documents were replaced by the new label ‘working document’ (WK). This note examines the introduction of the WK label, the number of documents involved and the consequences for legislative transparency.