Posts Tagged ‘AG opinion’

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.

(more…)