Transparency requirements in the course of a legislative procedure: Council v. Access Info Europe

Stephen Lea, Paul James Cardwell

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Can the identity of EU Member States be hidden from public view during the legislative process? In this judgment, the Court of Justice had the opportunity to consider and clarify the extent of the transparency duty imposed by Regulation 1049/2001, 1 where the centralized institutions are acting in their legislative capacity. The appeal, brought by the Council against the decision of the General Court of 22 March 2011 2 posed the question of whether, under Article 4(3) of the Regulation, 3 the Council could refuse access to those parts of Council documents that disclosed the identity of Member States, who had submitted proposals that sought to amend draft Commission legislation. Specifically, the Commission legislation at issue was a proposal to recast Regulation 1049/2001 itself.
Original languageEnglish
Pages (from-to)61-80
Number of pages20
JournalEuropean Public Law
Issue number1
Publication statusPublished - 1 Jul 2015
Externally publishedYes


  • EU member states
  • legislative processes
  • EU integration

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