Independent EU ethics body
Dear Madam, Sir,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
All documents discussing the possible participation of [Authority name] in an independent EU ethics body
Follow the Money
1054 HT Amsterdam
We have received your request regarding access to documents.
We observe that in your email you do not refer to a particular case
pending before the Court nor do you claim to be a party to the proceedings
before the Court. In addition, in your email you do not indicate
explicitly which entity/authority does your enquiry refer to.
In any event, as far as access to documents held by the Court is
concerned, we would like to draw your attention, first, to the fact that
access to documents held by the Court of Justice in the exercise of its
administrative functions is subject to the Decision of 26 November 2019 of
the Court, which you can find together with all the relevant information
on the internet (https://curia.europa.eu/jcms/jcms/P_1848...).
Second, as regards access to documents held by the Cour in the exercise of
its judicial functions, we need to point out that the Court does not fall
under the institutions covered by Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents. In
addition, it is the practice of the Court to treat procedural documents as
confidential and not to allow access to procedural documents in pending or
closed cases to persons who are not a party to the case. In fact, although
the Statute of the Court of Justice provides that the hearings are public,
it restricts those entitled to receive communication of procedural
documents to the parties and to the institutions whose decisions are in
dispute. Similarly, the Rules of Procedure provide for procedural
documents to be served only on the parties to the proceedings. Therefore,
neither the Statute of the Court of Justice nor the Rules of Procedure
provide for any third-party right of access to documents submitted to the
Court in court proceedings.
Such documents may only become accessible after 30 years, provided the
conditions laid down in the rules on the Historical Archives of the
European Union are met, and without prejudice to an individual assessment
of each request. For further information, please refer to our website:
Under these circumstances, the Registry regrets to inform you that the
Court is unable to accede to your request.
The Registry of the Court of Justice
The institutions, bodies, offices and agencies of the European Union
process personal data in accordance with Regulation (EU) 2018/1725 (OJ
2018 L 295, p. 39). Your data have been processed by the Court Registry
([email address]) for the purpose of replying to your
application. A copy of this reply will be kept by the Registry for two
years. For further information, please consult the Court’s website
Dear Madam, Sir,
Thank you for your reply dated 13 May 2022. Allow me to clarify my request.
I have made use of an automated service (the AsktheEU website) to submit my request, and the words "[Authority name]" were supposed to have been replaced by "the Court of Justice".
My access to documents request is thus:
All documents discussing the possible participation of the Court of Justice in an independent EU ethics body.
Consequently, my request does not relate to any particular case pending before the Court.
For some context: Commission President Von der Leyen has sent a letter to all EU institutions (as listed in Article 13 TEU) requesting their position on a possible participation of a yet-to-be-set-up independent EU ethics body. I have been informed through sources that the Court of Justice has replied this letter to the Commission.
My request thus relates to "documents drawn up or received by [Court of Justice of the European Union] and in its possession, as part of the exercise of its administrative functions" and thus falls within the scope of the Court's 26 November 2019 decision concerning public access to documents.
I would appreciate if the Court could let me know if this message contains sufficient information to allow you to continue handling my request.
Dear Madam, Sir,
I refer to my message sent on 16 May 2022 in which I clarified my access to documents request.
Can you let me know if that message contained sufficient information to allow you to continue handling my request?