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Summary of the decision in case 21/2016/JAP on the Council of the EU’s failure to grant access to legal opinions on proposals for Regulations on the establishment of the European Public Prosecutor’s Office and on the European Union Agency for Criminal Justice Cooperation (EUROJUST)

The case concerned the refusal of the Council of the European Union to grant full access to legal opinions on the legislative proposals for Regulations on the establishment of the European Public Prosecutor’s Office (EPPO) and on the European Union Agency for Criminal Justice Cooperation (EUROJUST).

In the course of the Ombudsman’s inquiry, the Council agreed to disclose two of the four documents, but maintained its refusal to disclose fully the two remaining documents, although partial access was granted.

The Ombudsman accepts that the refusal to disclose the legal opinions fully was justified on the grounds that it would undermine the protection of legal advice and court proceedings. She therefore closes the case with a finding of no maladministration, but invites the Council to review its refusal in light of the further passage of time.