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Author: Office for Official Publications of the European Communities Publisher: Luxembourg : Office for Official Publications of the European Communities ISBN: Category : European Union Languages : en Pages : 48
Author: Great Britain: Parliament: House of Lords: European Union Committee Publisher: The Stationery Office ISBN: 9780108444418 Category : Language Arts & Disciplines Languages : en Pages : 40
Book Description
Openness is an important principle on which the European Union is founded. Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents sets out a code for access to documents held by these institutions. It is the EU equivalent of the freedom of information regimes found in the UK and other states. The Commission has proposed a revision of this Regulation. This report highlights the extent to which the proposal would preclude disclosure both of documents submitted to courts in the course of litigation and documents arising in the course of investigations, even in the face of a strong public interest in disclosure. The Committee feels such an exclusion is, in principle, justified in respect of court documents where the court itself can make provision for disclosure. A controversial issue is how far confidentiality is required for formulating policy (particularly to ensure that policy makers receive frank and open advice) and for negotiating legislation. The report looks at the relevant provisions of the proposal, particularly in the light of recent judgments by the European Court of Justice, and highlights the differences in the approaches of the European Parliament and the Government. These documents should not be given absolute immunity from disclosure but should be protected subject to any overriding public interest. The Committee also concludes that the effect of the proposal to amend the rules on disclosure by the institutions of documents which they hold but which originate from Member States would significantly reduce the existing right of access.
Author: Bart Driessen Publisher: Kluwer Law International B.V. ISBN: 9041141375 Category : Law Languages : en Pages : 408
Book Description
This book, which takes account of legal developments until June 2012, describes in detail the EU law affecting the transparency of the institutions as well as the actual practice of the European Commission, the Council and the European Parliament. The relevant practice of other institutions and bodies is also considered. Among the topics covered are: the scope and extent of public access to documents under Regulation 1049/2001; the impact on public access of Regulation 1367/2006 (the ‘Aarhus Regulation’); the procedure for applying for public access; rules on classified information; data protection and public access; the openness of decision-making, the relationship of Regulation 1049/2001 and other rules on access to documents; the law pertaining to the Official Journal; other aspects of transparency of EU decision-making, such as languages, quality of drafting and the involvement of lobbyists; remedies in Court and before the Ombudsman. Fulfilling the clear need for a practical guide to the nuts and bolts of the law and practice on transparency in the EU's institutional system, this book is written for the practitioner and indeed any party with an interest in availing of his or her rights under EU law. It is the only legal resource that serves this function and does so with élan and a matchless clarity.