Dear Secretariat General of the European Commission,

Pursuant to Article 15 of the Treaty on the Functioning of the European Union (TFEU), Article 42 of the Charter of Fundamental Rights of the European Union, and Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council, and Commission documents, I respectfully request access to the following:

Scope of Request

- Any and all documents cited, referenced, or produced by the European Commission since 1 January 2025 that propose, discuss, or analyze:
- The possible banning or restriction of Al-Jazeera within the European Union.
- The restriction, limitation, or banning of pro-Palestinian protests in any EU Member State or at the EU level.

This request covers, but is not limited to:
- Internal memos, communications, meeting minutes, legal opinions, policy proposals, and correspondence with Member States or third parties.
- Documents referenced in official Commission communications, press releases, or legislative proposals.

Public Interest Justification

The right of access to documents is a cornerstone of transparency and democracy within the European Union, as enshrined in Article 15(3) TFEU and Article 42 of the Charter of Fundamental Rights of the EU[1]. Regulation (EC) No 1049/2001 further affirms that citizens have a right to access documents held by EU institutions, subject only to narrowly construed exceptions.

Relevance to Fundamental Rights

- Freedom of Expression and Assembly: Any proposals or actions to ban or restrict Al-Jazeera or pro-Palestinian protests directly engage fundamental rights protected under Articles 11 and 12 of the Charter of Fundamental Rights of the EU and Article 10 of the European Convention on Human Rights. Restrictions on these rights must be subject to the strictest scrutiny and public debate.
- Transparency and Accountability: Decisions or proposals affecting media freedom and the right to protest are of the highest public interest. The European Court of Justice has repeatedly held that exceptions to access must be interpreted strictly and that an overriding public interest in disclosure can outweigh institutional concerns (see, e.g., Case T-669/11, Spirlea v Commission; C-135/22 P, Breyer v REA).

Recent Jurisprudence

- The General Court and Court of Justice have confirmed that, even where exceptions under Article 4 of Regulation 1049/2001 are invoked, an overriding public interest in transparency—especially regarding fundamental rights—can require disclosure.
- The public’s ability to scrutinize measures that may impact freedom of expression, media pluralism, and the right to peaceful assembly is essential for the legitimacy of EU institutions and the protection of democratic values.

Format and Language

I request that the documents be provided in electronic format. This request is made in English, but I am willing to accept documents in any official EU language.

Conclusion

Given the heightened public concern and the fundamental rights at stake regarding possible restrictions on Al-Jazeera and pro-Palestinian protests, there is an overriding public interest in full transparency. I therefore request prompt and comprehensive disclosure of all relevant documents, as outlined above.

Yours faithfully,

Nikolaj Nielsen

EUobserver
Résidence Palace, International Press Centre
Rue de la Loi / Wetstraat 155
1040 Brussels
Belgium

Dear Secretariat General of the European Commission,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Al-jazeera'.

1. Scope of my initial request

My original application sought:

“Any and all documents cited, referenced, or produced by the European Commission since 1 January 2025 that propose, discuss, or analyze: The possible banning or restriction of Al-Jazeera within the European Union; The restriction, limitation, or banning of pro-Palestinian protests in any EU Member State or at the EU level.”

2. Incomplete handling of the request

The Commission’s response identified eight documents, all of which concern correspondence with a private individual regarding reports of potential deportations of persons engaged in the Palestine solidarity movement in Germany.

However, the response did not address the first substantive part of my request—namely, documents that “propose, discuss, or analyze the possible banning or restriction of Al-Jazeera within the European Union.”

No explanation was provided as to whether:
such documents do not exist, such documents exist but fall under an exception in Regulation 1049/2001, or such documents exist but were not identified during the search.

3. Obligation to conduct an adequate and comprehensive search

Under Regulation 1049/2001 and the case law of the Court of Justice, institutions are required to conduct a thorough and comprehensive search for all documents falling within the scope of a request. They must also provide a reasoned justification for any refusal, including specifying the exceptions relied upon.

In the present case, the Commission has not: confirmed whether it searched for documents concerning potential restrictions on Al-Jazeera, clarified whether no relevant documents exist, or invoked any applicable exceptions.
This omission suggests that my request was only partially addressed.

4. Requested action

I respectfully request that, at the confirmatory stage, the Commission:

Conduct a complete and adequate search for all documents (internal or external, including emails, notes, communications, briefings, and reports) produced or received since 1 January 2025 that: discuss, propose, or analyze the possible banning or restriction of Al-Jazeera within the EU.

If no such documents exist, provide an explicit confirmation to that effect. If such documents exist but are being withheld, provide: a list of the documents, the specific legal basis for each refusal under Regulation 1049/2001, and an explanation demonstrating how disclosure would concretely and reasonably undermine the protected interest.

Ensure that any partial-access possibilities are assessed and applied where appropriate.

5. Conclusion

Because the Commission’s initial reply did not address a core part of my request and did not provide a legally required justification for the absence of documents or for non-disclosure, I request a full review and a complete confirmatory decision.

Thank you for your attention to this confirmatory application. I look forward to your reconsidered decision.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/request/al_jaze...

Yours faithfully,

Nikolaj Nielsen