Information Request on Submissions by non-parties to the Registrar

Salomé Cloué a fait une demande de Accès à l'information à Cour de justice de l'Union européenne

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Cour de justice de l'Union européenne n'avait pas les informations demandées.

Dear Court of Justice of the European Union,

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 and data:

-The number of unsolicited submissions the Registrar received by non-parties to pending cases (also known informally as amicus curiae briefs);

-How those requests are treated by the Registrar.

Yours faithfully,

Salomé Cloué

Registry ECJ, Cour de justice de l'Union européenne

Dear Madam,

 

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 ([1]https://curia.europa.eu/jcms/jcms/P_1848...

 

Second, as for access to documents held by the Cour of Justice of the
European Union in the exercise of its judicial function, we need to point
out that it is the practice of the Court to treat all procedural documents
as confidential and not to allow access to such documents to persons who
are not a party to the case.

 

Although the Statute of the Court of Justice provides that the Court
hearings are to be 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 the exercise of its judicial
function.

 

Procedural documents may only become accessible 30 years after the case
has been closed, provided that 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:
[2]https://curia.europa.eu/jcms/jcms/P_1848...

 

Note in this regard, that the Court of Justice 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 your request, you do not claim to be or to have been a party to any
proceedings before the Court. You must therefore cannot accede to any
files in the pending or closed cases that are kept by the Court.

 

In any event, unsolicited documents, including amicus curiae briefs, which
are not foreseen by the rules governing the procedure before the Court of
Justice, are in principle not registered and included in a file of the
corresponding case, but rather returned to the sender. The Registry of the
Court does not keep a track or statistics of such submissions.

 

           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
([3][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
([4]https://curia.europa.eu/jcms/jcms/a1_109...).

 

 

 

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