The Open Government Partnership Beyond the Nation State: The Case of the European Union

35 Pages Posted: 19 Jun 2017 Last revised: 6 Jul 2017

See all articles by Christopher Cooksey

Christopher Cooksey

New York University School of Law

Juliette Henaff

HEC Paris

Lionel Simonet

HEC Paris

Alberto Alemanno

HEC Paris - Tax & Law

Paige Morrow

ARTICLE 19; University of Kent - Brussels Campus

Date Written: June 10, 2017

Abstract

The article outlines the options for collaboration between the European Union (EU) and the Open Government Partnership (OGP). The OGP accepts full participants (states), sub-national participants (pilot program), and observers. As of now, the OGP’s charter states that it only accepts “states” for full participant status. Three options are available to the OGP for accommodating the EU:

1. Full participant status for the EU: the OGP would have to amend its Articles of Governance to allow non-state entities such as the EU to be participants by removing any mention of “government” of states, and replacing it with any government at the sub-national, national or supranational levels;

2. Ad-hoc participation of the EU by creating a supra-national government program: the OGP would have to create a program tailored to the EU, which could be used as a model for allowing other supra-national bodies in the future. If option 2 is a success, the OGP could propose full participant status to the EU at that time;

3. ‘Observer status’ for non-state entities with the EU as an observer: the OGP maintains the status quo by enabling non-state actors to obtain observer status.

The article also reviews the requirements for OGP membership, the competence of the EU to join, and the question of which EU institution would be responsible for negotiating OGP membership. The article concludes by analysing how the EU would formalise its commitment to the OGP through an Inter-Institutional Agreement.

Keywords: Open Government, Transparency, Participation, Civic Empowerment, Legitimacy, Accountability, Civil Society, European Union, Good Governance

JEL Classification: K19, K33

Suggested Citation

Cooksey, Christopher and Henaff, Juliette and Simonet, Lionel and Alemanno, Alberto and Morrow, Paige, The Open Government Partnership Beyond the Nation State: The Case of the European Union (June 10, 2017). HEC Paris Research Paper No. LAW-2017-1210. Available at SSRN: https://ssrn.com/abstract=2984219 or http://dx.doi.org/10.2139/ssrn.2984219

Christopher Cooksey

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Juliette Henaff

HEC Paris ( email )

1 rue de la Liberation
Jouy-en-Josas Cedex, 78351
France

Lionel Simonet

HEC Paris ( email )

1 rue de la Liberation
Jouy-en-Josas Cedex, 78351
France

Alberto Alemanno

HEC Paris - Tax & Law ( email )

1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

Paige Morrow (Contact Author)

ARTICLE 19 ( email )

60 Farringdon Road
London, EC1R 1UQ
United Kingdom

HOME PAGE: http://https://article19.org

University of Kent - Brussels Campus ( email )

Espace Rolin, Boulevard Louis Schmidt 2A
Brussels 1040
Belgium

HOME PAGE: http://https://www.kent.ac.uk/brussels/staff/profiles/external/morrow.html

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