02/04/2026
At a time when the European Union is accelerating deregulation under the banner of “simplification,” a major court ruling has sent a clear message: secrecy in decisions that affect our health and environment is not just unacceptable – it is unlawful.
Following a legal action by ClientEarth, the EU’s top court has ruled that the way the European Commission and Member States approve chemicals in pesticides is unlawful, due to limited transparency. For years, these decisions have been taken through the so-called comitology procedure, which tends to shield critical information from public scrutiny. One such decision involved cypermethrin, a substance known to harm bees and aquatic life. Despite scientific studies proving adverse effects, its approval was renewed. When civil society asked for the reasoning behind this decision, access was denied.
That refusal triggered a legal challenge – and now paved the way to a landmark ruling.
The Court’s Message: No Decisions Without Accountability
The court has now made clear that this procedural opacity violates citizens’ fundamental rights.
This ruling is not just a legal win for the parties to the case, but it is a democratic one. Decisions that affect public health and the environment must be open to scrutiny. Without transparency, citizens and civil society cannot hold decision-makers accountable, nor can they meaningfully participate in shaping EU policies.
Why This Win Is So Timely
The timing could not be more critical. Only weeks ago, the Commission proposed to make it easier to authorise chemicals in pesticides for unlimited periods under its controversial Food and Feed Omnibus – further weakening oversight while limiting public scrutiny. The speed, scale, and opacity of this deregulatory push risk placing key decisions even further out of reach for citizens and civil society. But this judgment makes one thing clear: such opacity is not just problematic – it is unlawful. Efforts to fast-track or dilute safeguards cannot come at the expense of transparency, participation, and accountability.
At The Good Lobby, we see this as more than a legal win – it’s a call to action.
Policymakers must now follow through:
- Open up decision-making processes
- Ensure access to key documents
- Enable real public participation
At a time when deregulation risks becoming embedded in day-to-day EU decision-making, this ruling is a crucial reminder: transparency and accountability are not optional safeguards – they are legal requirements that must shape every policy choice.
Citizens have the right to know how decisions impacting their health and environment are made and on what basis.