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European Restrictions on the Application of National Provisions Concerning Access to Documents in Cases With a European Dimension

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Abstract:

This study focuses on the implications of the landmark Tiersch├╝tz judgment of the European Court of Justice on the possibilities for Member States to rely on national rules on access to documents. In particular, it is concerned with the question of whether there is room for Member States to invoke exceptions to disclosure provided for by national law in cases when a document originating from that Member State is in the possession of a European institution and that institution is requested to provide the document. As far as national exceptions are concerned that have no equivalent in Regulation 1049/2001 this door seems to be closed by the ECJ decision in Tiersch├╝tz, however, there may still be some leeway. This analysis deals with this possibility and discusses questions and problems that result from it.

Document Type: Research Article

DOI: http://dx.doi.org/10.7590/REAL_2010_01_05

Publication date: June 1, 2010

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  • Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
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