OMBUDSMAN/CHARTER OF FUNDAMENTAL RIGHTS : COMMISSION CRITICISED FOR REFUSING ACCESS TO DOCUMENTS.

• Position: Brief article

The European ombudsman has strongly criticised the Commission's decision to refuse access to documents concerning the United Kingdom's opt-out from the Charter of Fundamental Rights. The UK obtained the opt-out within the framework of intergovernmental negotiations leading to the adoption of the Lisbon Treaty. Several documents were written by the European Commission concerning its view of the opt-out - but the executive refused access to these documents, sparking a complaint from the European Citizen Action Service (ECAS), a Brussels-based NGO. The complaint concerns three legal opinions from 2007, an accompanying note and a note to the secretary-general of the Commission dating from 15 October 2007.

The Commission only provided partial access to two documents, and refused access to three others, citing (under Regulation 1049/2001) the need to protect the legal opinions it receives in order to guarantee their independence and objectivity. Regarding the notes, under the same regulation the Commission claimed its...