- EN English
Conformity of access to documents rules with Regulation 1049/2001
Case 2168/2012/BEH - Opened on Monday | 19 November 2012 - Decision on Monday | 10 December 2012 - Institution concerned European Union Agency for Criminal Justice Cooperation ( No further inquiries justified )
Allegation(s)
1) Contrary to Article 39 of the Eurojust Founding Decision, the provisions of the Eurojust Decision to adopt rules regarding public access to Eurojust documents are not in line with the principles set out in Regulation 1049/2001 as regards: (i) the time limits for processing initial and confirmatory applications for access; (ii) the remedies in case of negative decisions on confirmatory applications; (iii) the obligations contained in Article 17 of Regulation 1049/2001; and (iv) the provision of Article 4(3) of Eurojust's rules regarding public access, which sets out that access may be refused where this would "undermine Eurojust's decision-making process", while Article 4(3) of Regulation 1049/2001 in this case requires that disclosure would "seriously undermine" the protected interest.
2) Eurojust has failed to provide a public register of documents.
Claim(s)
Eurojust should bring (i) its rules on access to documents and (ii) its practice into line with the requirements of Regulation 1049/2001.