Three recent cases mark an end to the lull in access litigation against the Council of recent years.
A new publication in the Journal of Common Market Studies by TrUE project researcher Maarten Hillebrandt demonstrates how informality may help explain anomalies in Council transparency policy.
“On the Administration of Pollution: How Much “Space to Think” May the EU Claim?”
When can an institution plausibly argue that something is decision-making, and not “mere” administration? And more importantly, how does this influence EU bodies’ legitimate claim to a “space to think” that shields them from transparency? In this newly published case note, Maarten Hillebrandt and Liisa Leppävirta argue that the EU courts still have a long way to go to clarify these questions.