Access to Environmental Information versus Protection of Confidential Business Information

Transparency of the work of EU institutions enables the administration to enjoy greater legitimacy. Aiming to further strengthening the principles of democracy in the EU, the Treaty of the Functioning of the European Union (“TFEU”) provides for public access to documents held by EU institutions in order to bring about greater openness in their work.

According to Art. 15(3), first subparagraph, TFEU, any citizen of the European Union and any natural or legal person residing or having its registered office in a Member State of the European Union shall have a right of access to documents of the European Union's institutions, bodies, offices and agencies, whatever their medium, subject to the principles and the conditions to be defined in accordance with this paragraph. Art. 15(3) TFEU thus requires implementation by more specific legislation.1 Art. 15(3), second subparagraph, TFEU sets forth that the European Parliament and the Council shall determine general principles and limits on grounds of public or private interest governing this right of access to documents by means of regulations, acting in accordance with the legislative procedure.
Autor(en)
Dr. jur. Gérardine Garçon
Contentpartner
© Lexxion Verlagsgesellschaft mbH
Publikation
EurUp 02 / 2013 (Mai 2013)
Verkaufspreis
€ 32,00