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EU: ACCESS TO DOCUMENTS: Council of the European Union: Public access to documents - Confirmatory application No 09/c/01/11

01 May 2011

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EU: ACCESS TO DOCUMENTS: Council of the European Union: Public access to documents - Confirmatory application No 09/c/01/11 (pdf). A perverse decision by the Council to refuse access to the Opinion of the Council Legal Services concerning the Council's use of powers under the Comitology Regulation (implementation). Four Member States - Denmark, Finland, Netherlands and Sweden voted against the refusal of access to the document as it "does not contain particularly sensitive information" and they did not agree with "the interpretation of the Turco case-law". In this case the European Court of Justice resolved that the opinions of the Legal Services should be accessible by the public where they relate to the "legislative process". The Council claims that the document, concerning the comitology process, "is not related to a specific legislative procedure or other decision-making process" - which it transparently is.

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