Standards for Whom?

Advocating Transparency in EU Regulatory Documents

Abstract

This study addresses the harmonisation of public safety standards within the framework of EU regulations and French national law, underscoring their importance for transparency, public safety, and the broader public interest. Conducted in collaboration with Public.Resource.Org, the research employs a multifaceted methodology including legal research, submission of formal information requests to French administrative bodies, and subsequent appeals to assess compliance with EU legal standards. A key focus is the 2024 ECJ ruling in Case C-588/21 P, which established an overriding public interest in making harmonised standards freely accessible, rooted in principles of rule of law, openness, and good governance. The findings expose significant gaps and inconsistencies in France’s approach: authorities frequently rejected or ignored requests, citing outdated legal justifications or redirecting applicants to the costly services of the French Association of Standardization (AFNOR). These barriers, including high costs and limited access options, disproportionately affect small businesses, researchers, and individual citizens, undermining the transparency and fairness mandated by EU law. The analysis highlights critical areas for improvement, addressing bureaucratic inefficiencies, inadequate enforcement of the Code des Relations entre le Public et l’Administration (CRPA), and a failure to fully implement the ECJ’s transparency directives. The study concludes with recommendations for improved legal and administrative frameworks in France and beyond. By addressing these issues, this study contributes to ongoing policy discussions, advocating for a regulatory environment that better aligns with the EU’s commitment to public safety, democratic accountability, and equitable access to legal information.