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Accountability through Transparency and the role of the Court of Justice

Costa, M. (2020). Accountability through Transparency and the role of the Court of Justice. In: Hirsch Ballin, E., van der Schyff, G. & Stremler LLM, M. (Eds.), European Yearbook of Constitutional Law 2019: Judicial Power: Safeguards and Limits in a Democratic Society. . T.M.C. Asser Press.


It is often alleged that the EU’s decision-making is insufficiently transparent and that accountability deficits are even growing, something which compromises the Union’s overall legitimacy. In this regard, the EU’s access to documents regime can be considered as an on-going process capable of securing, through a set of binding rules, open performance of the decision-making process. It is here that the role of the Court of Justice of the EU (CJEU) comes into play. Tasked with interpreting the access regime, the CJEU imposed boundaries on the broad derogations to the right. Yet, in terms of accountability, the transparency friendly line of case law has creatively been interpreted in a way that now restricts the access right per se. On the whole, the paper concludes that the CJEU, with all due respect, contributed to the accountability deficit of the EU’s access to documents regime.

Publication Type: Book Section
Additional Information: © T.M.C. Asser Press and the authors.
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
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