Categories
Civil society Jurisprudence

European Court of Justice upholds judgement in Access Info Europe appeal

The Court of Justice of the EU dismisses in full the Council’s appeal against an earlier judgement in the much publicised Access Info Europe case.

Pam_Helen_Council_Final

The long awaited judgement of the Court of Justice of the EU (CJEU) in the Access Info Europe appeal was finally handed down last week, on 17 October. After losing a case against Access Info Europe (AIE) in front of the lower General Court, the Council appealed. The CJEU now has found that the General Court’s judgement was correct and must therefore be upheld. In total, three separate pleas in law filed by the Council were refuted.

Categories
Jurisprudence

General Court Orders Partial Disclosure in Access to ECHR Accession Negotiation Documents Case

Law professor offers constitutional arguments for the disclosure of important Council documents. The General Court orders the Council to reconsider the scope of partial disclosure, but only on procedural grounds.

By Maarten Hillebrandt

besselink-leonard-fdr-hoogleraar-fotojeroenoerlemansOn Thursday 12 September, the General Court gave its judgment in Besselink v Council (T-331/11). In January 2011, Leonard Besselink (pictured), then Professor of Constitutional Law at Utrecht University, requested access to the documents relating to the EU’s negotiations to accede to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In these documents, the Council discussed the strategic and substantive instructions to the Commission, which negotiated the accession on the EU’s behalf. The final draft of this draft accession treaty is currently going through the process of ratification. However, the Council refused access to the documents in which it instructed the Commission, on the basis of Article 4(1), third indent, of Regulation 1049/2001 on public access to EU documents. This article states that access must be refused where disclosure would undermine the public interest with regard to international relations. 

Categories
Civil society Jurisprudence

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

Last week, Advocate General Cruz Villalón delivered his opinion in the Council’s appeal against the General Court’s Access Info Europe judgement of 2011.

logo
Categories
Civil society Jurisprudence

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

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.