Landmark access case requires Parliament to publish legislative negotiation documents fully and immediately
Thursday, March 29th, 2018
Emilio de Capitani (photo credit: EUD Observatory/YouTube)
In a landmark case delivered on Thursday 22 March, the EU’s General Court requires the European Parliament to publish legislative negotiation documents (known by EU insiders as the “trilogue four-column document”) not only fully, but also immediately.
Case T-540/15 was brought by Emilio de Capitani, who had been refused access to the full negotiation document in ongoing legislative processes in the area of justice and home affairs.
Against the Parliament’s assertion that access to the full document could not be granted while negotiations were under way without jeopardising the legislative process, the Court found that no legal grounds existed in the access to documents act (Regulation 1049/01) to postpone disclosure of the document, as the act states should be the legal default position.