Public Access to Documents in EU External Relations

Amsterdam Law School Research Paper No. 2022-08

Amsterdam Centre for European Law and Governance Research Paper No. 2022-02

Amsterdam Centre for European Studies Research Paper No. 2022

27 Pages Posted: 5 Apr 2022

See all articles by Laurens Ankersmit

Laurens Ankersmit

University of Amsterdam - Amsterdam Centre for European Law and Governance

Jesse Peters

University of Amsterdam

Date Written: March 22, 2022

Abstract

As the EU’s competences and activities in external relations expand, more and more documents held by EU institutions potentially fall within the scope of the ‘international relations’ and ‘defence and military matters’ exception contained in the EU’s Access to Documents Regulation 1049/2001. The increasing potential for the use of exceptions to the general right to access to documents held by the EU institutions negatively affects the ability of citizens and civil society to participate in the democratic life in the EU. This contribution critically evaluates the case-law of the Court of Justice of the EU in interpreting these exceptions and argues for stronger judicial scrutiny over the use of these exceptions by the EU institutions.

Keywords: Access to documents, regulation 1049/2001, international relations exception, transparency in international relations, EU transparency law

JEL Classification: K23, K29, K39

Suggested Citation

Ankersmit, Laurens and Peters, Jesse, Public Access to Documents in EU External Relations (March 22, 2022). Amsterdam Law School Research Paper No. 2022-08, Amsterdam Centre for European Law and Governance Research Paper No. 2022-02, Amsterdam Centre for European Studies Research Paper No. 2022, Available at SSRN: https://ssrn.com/abstract=4063606 or http://dx.doi.org/10.2139/ssrn.4063606

Laurens Ankersmit (Contact Author)

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

Jesse Peters

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

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