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The European Research Executive Agency's (REA) refusal to grant public access to documents containing personal data
Måndag | 22 maj 2023
The Council of the EU's refusal to give full public access to a legal opinion on the proposed EU directive on adequate minimum wages
Tisdag | 16 maj 2023
Letter from the European Ombudsman to the Council of the European Union on the European Ombudsman’s recommendation in the case 1834/2022/NH
Måndag | 15 maj 2023
The failure by the European Commission to reply within the applicable time limit to a request for public access to Member State notifications concerning sanctions against Russia
Torsdag | 11 maj 2023
The failure by the European Commission to take a final decision within the applicable time limit on a request for public access to documents concerning encryption in law enforcement
Måndag | 24 april 2023
The failure by the European Commission to reply to a request for public access to documents (reference: EASE 2022/7352)
Fredag | 21 april 2023
The European Commission’s refusal to give full public access to documents concerning a Horizon 2020 mineral exploration research project
Onsdag | 19 april 2023
Decision on how the European Commission dealt with a request for public access to documents related to competition files dating from 1985-1986 (case 2248/2022/OAM)
Onsdag | 19 april 2023
Decision on the European Commission’s refusal to give full public access to documents concerning a Horizon 2020 mineral exploration research project (cases 1132/2022/OAM and 1374/2022/OAM)
Måndag | 17 april 2023
The case concerned the European Commission’s refusal to give full public access to documents concerning a Horizon 2020 mineral exploration research project implemented by a pan-European consortium. The complainant, an environmental organisation from Spain, was interested in the implementation of the project at a Spanish mine, San Finx.
The Commission granted only partial access to the documents, arguing that their full disclosure would have undermined the commercial interest of the consortium’s members.
After reviewing the documents, the Ombudsman considered that they contain information that can be understood as being “environmental information” within the meaning of the EU Aarhus Regulation. Such information should benefit from greater transparency. She asked the Commission to review its position with a view to granting the widest possible public access. The Commission maintained its position that no further access can be granted.
While the Ombudsman regretted the Commission’s decision not to disclose more parts of the documents at stake, she acknowledged that the Commission has already made information publicly available about the research project and, in particular, about the activities at the San Finx mine. In view of this, the Ombudsman considered that further inquiries into this matter are not justified.
Having said that, the Ombudsman is concerned about the Commission’s application of the EU Aarhus Regulation and the Aarhus Convention when assessing requests for public access to documents. She emphasised that the exceptions to granting public access have to be interpreted in a restrictive way as regards environmental information and reminded the Commission that transparency in this area is crucial to enhance the legitimacy of, and public trust in, the EU’s activities.
The European Commission's refusal to give full public access to documents concerning an infringement complaint against Spain in relation to energy taxation
Måndag | 17 april 2023
The European Border and Coast Guard Agency’s (Frontex) refusal to give public access to a report by its Fundamental Rights Officer concerning a Frontex operation in Albania
Fredag | 14 april 2023
The failure by the European Commission to reply within the applicable time limit to a request for public access to Member State notifications concerning sanctions against Russia
Fredag | 14 april 2023
The failure by the European Commission to reply within the applicable time limit to a request for public access to documents concerning an EUBAM meeting
Onsdag | 05 april 2023
Recommendation on how the Council of the European Union handled a request for public access to the legal opinion on the proposed EU directive on adequate minimum wages (case 1834/2022/NH)
Tisdag | 04 april 2023
The case concerned a request for public access to an opinion of the legal service of the Council of the EU on a draft law on adequate minimum wages.
The Council granted the complainant access to parts of the opinion in May 2021. It invoked two exceptions under the EU legislation on public access to documents to justify redacting the remaining parts of the document, arguing that full disclosure could undermine the decision-making process (since negotiations on the law were still ongoing at the time) and the protection of legal advice.
The Ombudsman found that the Council had not demonstrated how disclosure of the document would undermine its decision-making process or its capacity to seek and obtain frank, objective and comprehensive advice. Her view is that greater transparency when the negotiations were still ongoing would have greatly facilitated public participation in the EU’s legislative process.
The Ombudsman therefore considered that the Council’s refusal to grant full public access to the legal opinion at the time of the confirmatory decision constituted maladministration. As the complainant is still interested in receiving full public access to the opinion at this stage, the Ombudsman made a corresponding recommendation.
The refusal by the European Data Protection Board to grant full public access to documents concerning its statement on international agreements including data transfers
Fredag | 31 mars 2023