Regulation 1049/2001 on the right of access to documents, including the digital context

Abstract

Upon request of the Committee on Petitions (PETI), the Policy Department for Citizens’ Rights and Constitutional Affairs commissioned the present study on Regulation 1049/2001 on access to documents with a twofold objective. First, to update the analysis conducted in a 2016 study for the PETI Committee with the latest developments in the case law of the CJEU and the activities led by the European Ombudsman since then – in particular focussing on access to legislative documents, documents relating to administrative proceedings, Court proceedings, infringement proceedings, protection of privacy, international relations, and special regimes. Second, to assess the possible future alignment of the Access Regulation with the evolving digital context, including a potential revision of the definition of document, access to user-friendly public registers and internet sites, access to agendas of officials and scheduled meetings with interest representatives, and access to videos of CJEU oral hearings. The research also incorporates illustrative and complementary cases and own initiatives by the European Ombudsman as indications of evolving challenges to institutional secrecy in the EU context.