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Jurisprudence

Setting the record straight on disclosure of a document by a third party and the obligation of EU Institutions to provide access to documents: Leino-Sandberg v European Parliament

On 21 January, the Court of Justice delivered its judgment in the appeal case Leino-Sandberg v European Parliament (C‑761/18 P). Anastasia Karatzia (University of Essex) analyses the relevance of this ruling for clarifying the scope of institutions’ obligations under Regulation 1049/2001 on public access to documents.

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Jurisprudence Research

New case note on access to documents case related to the EU’s emissions trade scheme

“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.

Categories
Jurisprudence Research

New publication: recent case law impacts on the Council’s ability to negotiate in secrecy

Recent cases at the Court of Justice on Regulation 1049/01 on public access to Parliament, Council and Commission documents set new limits to confidentiality in the Council’s legislative and international negotiations, as Vigjilenca Abazi and Maarten Hillebrandt argue in a recent case note.