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EU: Access to documents: Council capitulates and agree to give Mr Turco a document containing the Opinion of the Legal Service
01 July 2008
New reply to the confirmatory application made by Mr Maurizio TURCO (1/02) following the judgment of the Court of Justice (Grand Chamber) in Joined Cases C-39/05 P and C-52/05 P (pdf)
Background:
MAJOR VICTORY FOR ACCESS TO EU DOCUMENTS: COURT OF FIRST INSTANCE JUDGMENT ON ACCESS TO LEGAL OPINIONS - TURCO CASE:
"THE COURT AUTHORISES, IN PRINCIPLE, ACCESS TO LEGAL ADVICE GIVEN TO THE COUNCIL ON LEGISLATIVE QUESTIONS
The transparency of the legislative process and the strengthening of the democratic rights of European citizens are capable of constituting an overriding public interest which justifies the disclosure of legal advice.... The Court takes the view that disclosure of documents containing the advice of an institution’s legal service on legal questions arising when legislative initiatives are being debated increases transparency and strengthens the democratic right of European citizens to scrutinise the information which has formed the basis of a legislative act." (Court press release) and:
"As regards, first, the fear expressed by the Council that disclosure of an opinion of its legal service relating to a legislative proposal could lead to doubts as to the lawfulness of the legislative act concerned, it is precisely openness in this regard that contributes to conferring greater legitimacy on the institutions in the eyes of European citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated. It is in fact rather a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole." (Judgment)
The Court's judgment means that the Council (and the Commission) can no longer claim blanket refusals for the opinions of their Legal Services on legislative matters. The Court's judgment is also interesting because it reasserted the principle of an "overriding public interest" in allowing disclosure.
Currently the Opinions of the Council's Legal Service on legislative matters carries the following warning:
"This document contains legal advice protected under Article 4(2) of 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, and not released by the Council of the European Union to the public. The Council reserves all its rights in law as regards any unauthorised publication." [BOLD emphasis in original]
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Press release (pdf)
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Court judgment - full-text (pdf)
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Turco press statement (pdf)