CEU Electronic Theses and Dissertations, 2009
| Author | Mayr, Stefan |
|---|---|
| Title | Transparency in EC Law: Access to Documents |
| Summary | Access to documents is an especially important aspect of the broader concept of transparency, introduced in the early 1990s to antagonise what is often termed the ‘democratic deficit’. The present thesis scrutinises the true scope and critically assesses the impact of the relevant Community instrument, Regulation (EC) No 1049/2001, embedded in the historical development and present legal context. The focus lies on the exceptions to the right. Drafted rather vaguely they give substantial interpretative leeway to the Community courts, which eventually decide on content and scope. Therefore the exceptions will be analysed ‘through the eyes of the Community courts’, following the structure of the Regulation. It will be found that a sophisticated system of balancing interests and procedural requirements has been established which is largely independent from the substantial differences between most of the individual exceptions. Whereas the courts generally take a progressive, transparency-oriented approach, their self-restraint in politically sensitive areas leads to problematic results, a solution of which lies beyond the function of transparency alone. |
| Supervisor | Toth, Akos |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/mayr_stefan.pdf |
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