Archive for the ‘Case law’ Category

AG Opinion in Access Info Europe appeal: the transparency saga continues

Tuesday, May 21st, 2013

logoLast week, Advocate General Cruz Villalón delivered his opinion in the Council’s appeal against the General Court’s Access Info Europe judgement of 2011. (For a background to this case, see an earlier post on this website.) AG Cruz Villalón’s opinion, which can be accessed here, marks another move in the longstanding debate about the role of transparency in the Council and, more broadly, in legislative procedures. The AG takes a principled stance in his opinion, which leads to an uncompromising, at times tough attitude towards the arguments put forward by the Council and its supporting intervenors (Czech Republic, Greece, Spain). In paras 59 and 60 of the opinion, the AG brings the crux of the matter down to a single question, which he immediately answers:

Fundamentally, the question at issue is therefore this: does the identity of the Member States submitting ‘amendments’ in a ‘legislative procedure’ constitute information that may be refused under the exception provided for in Article 4(3) of Regulation No 1049/2001?

The answer to this question must, in my view, be in the negative.

He then goes on to substantiate this position in the light of transparency’s contribution to the overarching principle of democracy.

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Hearing in Appeal Access Info Europe Case Sees Parties Putting Forward Their Views About Transparency in Process

Monday, February 25th, 2013

The Council of the European Union defends its appeal in Luxembourg.  On Thursday 21 February, the litigating parties in the Access Info Europe case appeal convened at the Court of Justice of the European Union in Luxembourg for a hearing. This marks the next step in this case, since the the Council contested the General Court’s ruling by bringing an appeal.

The GC’s 2012 judgement in Access Info Europe caused a stir by affirming the NGO’s assertion that citizens need to be able to attribute policy positions to member states in order to participate meaningfully in European democracy. The practice by the Council to disclose arguments put forward without revealing their originating member states had been in place for some years before AIE challenged it. It is seen by the Council as an acceptable compromise between the requirements of democratic participation and those of effective decision-making. Ironically, Access Info Europe was in the process of mapping member state positions in the reform of the access to documents regulation for a report that it was writing, when it stumbled upon this practice.

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Top Secret Intelligence in Europe: A Tipping Point in Luxembourg?

Monday, October 22nd, 2012

This short article was originally posted on the blog of the Amsterdam Centre for European Law and Governance (ACELG).

Kadi is back in Luxembourg and with a vengeance! The timing is interesting both for the case itself and more generally for highlighting the use of secret intelligence and evidence to justify detention and other sanctions.

By Deirdre Curtin

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