Access Info files legal challenge againt Council of the European Union
regarding transparency
<http://www.access-info.org/?id=35>
24 March 2009
The Council of the European Union refuses to release legal advice on reform
of transparency rules in contravention of European Court of Justice
jurisprudence
Going against rulings of the European Court of Justice (ECJ) in the Turco
case, the Council of the European Union has refused to release legal advice
about its proposed reforms to the EU access to documents rules.
Access Info yesterday (23 March 2009) filed a legal appeal against this
refusal arguing that recent decisions of the ECJ make clear that legal
advice relating to the legislative process should be made public. On 1 July
2008 the European Court of Justice ruled in the Turco case that there is an
"overriding public interest" in "disclosure of documents containing the
advice of an institution's legal service on legal questions arising when
legislative initiatives are being debated".
In a particularly ironic twist, the legal advice being sought by Access Info
is about how the Turco decision would impact upon the current access to
documents practice of the Council of the European Union and how it might
affect the reform of the EU's transparency rules.
"European citizens have the right to know how European Court of Justice
decisions are interpreted and, potentially, being deprived of meaning by
other European institutions," commented Eva Moraga, Lawyer for Access Info
who filed the requests for documents. "This right is particularly strong
when the ECJ decisions impact upon legislative initiatives, and even more so
legislative initiatives about transparency."
"European citizens have the right to know how European Court of Justice
decisions are interpreted and, potentially, being deprived of meaning by
other European institutions," commented Eva Moraga, Lawyer for Access Info
who filed the requests for documents. "This right is particularly strong
when the ECJ decisions impact upon legislative initiatives, and even more so
legislative initiatives about transparency."
Access Info calls on all governments in Europe to make public the national
laws, regulations and rules relating to what passengers may not carry onto
aircraft. As Franz Kafka said in his short story Before the Law, "the law
should always be accessible to everyone".
To read the full press release click here
http://www.access-info.org/data/Access%20Info%20News%20-%20%20EU%20challenge
d%20to%20disclose%20legal%20advice%2024%2003%2009.pdf
To read the appeal ("confirmatory application") click here
http://www.access-info.org/data/Confirmatory%20Application%20Doc%205671%20De
f.pdf
To see the document with the partially disclosed legal advice most of which
is deleted click here
http://www.access-info.org/data/Legal%20Advice%20Partial%20st06865.en09.PA.p
df
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Mark Perkins MLIS, MCLIP
www.markperkins.info
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