European Restrictions on the Application of National Provisions Concerning Access to Documents in Cases with a European Dimension

Abstract

This study focuses on the implications of the landmark Tierschütz judgment of the European Court of Justice on the possibilities for Member States to rely on national rules on access to documents. In particular, it is concerned with the question of whether there is room for Member States to invoke exceptions to disclosure provided for by national law in cases when a document originating from that Member State is in the possession of a European institution and that institution is requested to provide the document. As far as national exceptions are concerned that have no equivalent in Regulation 1049/2001 this door seems to be closed by the ECJ decision in Tierschütz, however, there may still be some leeway. This analysis deals with this possibility and discusses questions and problems that result from it.