Public Access to Documents in the EU

✍ Scribed by Leonor Rossi; Patricia Vinagre e Silva

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 379
• Category: Library

✦ Synopsis

All litigants before the General Court of the EU (GC), the Court of Justice of the EU (ECJ) or indeed before any EU body or agency will need to have full access to documents held by the European Union. Though the legislation regulating the field, Regulation 1049/2001, has been in force for some time, it is a complex field for all would be litigants. In this book the authors, both experienced practitioners in the area, clearly set out the documentation, access requirements and processes. They include a helpful glossary of terms, tables and appendices setting out the relevant legislation. This will be the seminal text for all practitioners who need to access documentation held by the EU.

✦ Table of Contents

Foreword
Acknowledgements
Table of Contents
Table of Cases
1
The Normative Development of Access to Documents
I. Introduction
II. Wide or Deep? Horizontal or Vertical Profiles in Legal Design
III. Two Codes of Conduct for Europe
IV. Treaty Articles for Access
V. A Challenge to Post-Amsterdam Implementing Decisions, pre-Regulation 1049/2001
VI. Post-Amsterdam Achievements of the Case Law, Pre Regulation 1049/2001
VII. A General Framework-Regulation 1049/2001
VIII. Rules Governing Special Topics
IX. Conclusions
2
Applicants
I. Introduction-By Right or by Grace?
II. A Smaller(er) Version of Reversed erga omnes
III. Profiles
IV. Conclusions
3
Institutions
I. Introduction-Component Parts of a Census
II. Institutions that were Signatories to the Codes of Conduct
III. Institutions Included under Regulation 1049/2001
IV. Practical Consequences of the Policy"s Advancement
V. ECJ Documents-Same Person, Different Hats
VI. Different Guardians, Same Documents
VII. Conclusions
4
Documents
I. Introduction-A Policy of Bites AND Pieces?1
II. Qualitative Boundaries-The Object of the Access Policy, Legislator"s Approach
III. Qualitative Boundaries-The Object of the Access Policy, the Judicial Approach
IV. Qualitative cum Quantitative Boundaries: Topics not Covered by the Law, the Judicial Approach
V. Conclusions
5
Exceptions
I. Introduction-The Undertones of 'No'
II. A Historical Perspective
III. 1993: What was Mandatory
IV. 1993: What was Discretionary
V. What Changes in 2001?
VI. A Functional Analysis of Article 4 of Regulation 1049/2001
VII. 2006: New Exception-The Environment
VIII. A Procedure for "No"
IX. Conclusions
6
Silence
I. Introduction--Much Ado about Nothing?
II. The Advantages of "No", ex lege
III. Deadlines
IV. Beyond the Deadline
V. The Purpose of Striking Down Nothing
VI. Of Cats and Foxes: Holding Replies and Late Answers
VII. Conclusions
7
The Eccentric Actors of the Access Policy
I. Members Only
II. The Member State under the Code of Conduct of 1993
III. The Member State under Regulation 1049/2001
IV. Fourth Actor: The EU Institution under the Code of Conduct
V. The EU Institution under Regulation 1049/2001
VI. The Private Party under the Code of Conduct
VII. The Private Party under Regulation 1049/2001
VIII. Conclusions
8
Appeals
I. Introduction-A Second Chance to Rule (Them) All
II. Appeals of the Member States
III. Appeals of the Institutions
IV. Appeals of Private Parties
V. Conclusions
Epilogue to Public Access to Documents in the EU
Annexes
Annex 1
CODE OF CONDUCT
CONCERNING PUBLIC ACCESS TO COUNCIL AND COMMISSION DOCUMENTS (93/730/EC)
THE COUNCIL AND THE COMMISSION,
Annex 2
REGULATION (EC) NO 1049/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 30 MAY 2001
regarding public access to European Parliament, Council and Commission documents
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Annex 3
REGULATION (EC) NO 45/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 18 DECEMBER 2000
Annex 4
Glossary
Bibliography
Other sources
Index