Each year, the three core EU institutions, as well as a host of other bodies, publish their annual reports detailing the state of the implementation of Regulation 1049/2001 governing the public’s access to their documents. How did this right fare in 2022?
In a recent court judgment (De Capitani v Council), the General Court of the EU finds that the Council erroneously relied on the access to documents regulation (Regulation 1049/2001) to refuse access to Council working party documents pertaining to an ongoing legislative decision-making procedure in order to protect the negotiation process, Dutch Foreign Ministry experts observe.
Necessarily restricted public participation? Ombudsman confirmed her findings of maladministration by the Council in absence of increased access to Council Legal Service’s opinion.
While the EU was praised for its transparency in negotiations with the exiting United Kingdom, this openness appears not to extend to its internal legal advice regarding the negotiation process. In this sequel to her previous blog post, Vellamo Jutila analyses the legal exchange following her a complaint to the European Ombudsman concerning the Council’s decision refusing her access to this legal advice.
Notorious Code of Conduct Group has operated in secrecy for twenty-four years, a norm that is again called into question now that the group’s mandate comes up for revision.