Dear Secretariat General of the European Commission,

Pursuant to Article 15(3) 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

- Documents Requested:
All initial drafts of the European Commission’s Rule of Law Reports for the Member States of Bulgaria, Hungary, Romania, and Slovakia, prepared as part of the annual rule of law cycle, including any country chapters, working documents, or internal assessments that preceded the final published versions.

- Timeframe:
All relevant drafts prepared for the most recent reporting cycle and any previous cycles for which initial drafts exist and are held by the Commission.

- Format:
Please provide the documents in electronic format. I am willing to accept documents in any official EU language.

Public Interest Argument

Legal Basis for Access

The right of access to documents held by EU institutions is a fundamental principle of EU law, enshrined in Article 15(3) TFEU and Article 42 of the Charter of Fundamental Rights, and implemented by Regulation 1049/2001. The European Court of Justice (ECJ) and the General Court have consistently held that transparency and public scrutiny are essential to the legitimacy of EU institutions and the democratic process.

Overriding Public Interest

- Transparency and Accountability:
The Rule of Law Reports are central to the EU’s efforts to uphold fundamental rights, judicial independence, anti-corruption measures, and media freedom across Member States. Access to the initial drafts of these reports is crucial for the public to understand the evolution of the Commission’s assessments and recommendations, and to scrutinize the decision-making process.

- Jurisprudence on Access to Drafts:
The EU Courts have found that exceptions to access (such as those protecting internal deliberations or legal advice) must be interpreted strictly and cannot be used to shield important policy discussions from public scrutiny, especially where fundamental rights are at stake. The existence of an “overriding public interest” in disclosure is recognized in Article 4(2) of Regulation 1049/2001 and by the Courts, particularly when transparency serves to enhance public debate on matters of significant democratic importance.

- Specific Relevance to Requested Documents:
The rule of law situation in Bulgaria, Hungary, Romania, and Slovakia is of heightened public concern, as evidenced by ongoing debates regarding judicial independence, anti-corruption frameworks, and media pluralism. Disclosure of the initial drafts will contribute to informed public discussion, enable civil society oversight, and foster trust in the Commission’s monitoring processes.

Conclusion

Given the significant public interest in the rule of law and the importance of transparency in EU governance, I request prompt and comprehensive access to the initial drafts of the Rule of Law Reports for Bulgaria, Hungary, Romania, and Slovakia. Should any part of a document fall under an exception, I request partial access with only the minimum necessary redactions, in line with the principles established by the European Courts.

Thank you for your attention to this request.

References to legal bases and jurisprudence: Regulation 1049/2001, Article 15(3) TFEU, Charter of Fundamental Rights, General Court and ECJ case law on access to documents, including judgments in Spirlea v Commission (T-669/11), Breyer v REA (C-135/22 P), and relevant guidance on overriding public interest in disclosure.

Yours faithfully,
Nikolaj Nielsen

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