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

Position:Brief article
 
FREE EXCERPT

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 right to...

To continue reading

REQUEST YOUR TRIAL