Public Access to EU Documents in theory and practice

Legal regulation of public access to the documents of institutions and bodies of the EU is an integral part of the European Transparency Initiative declared by the Commission in November 2005. Moreover, transparency is one of the main principles of functioning of the EU incorporated directly into primary law (Article 15 of the Treaty on Functioning of the EU) having thus a constitutional character. The “constitutional” right of public access to documents has been implemented by Regulation (EC) No. 1049/2001 of the European Parliament and the Council of 30 May 2001, which is being recast. The aim of this paper is to increase general public awareness of the possibility of having access to EU documents and to analyze the judicial and extrajudicial means of redress should this right be violated using specific cases dealt with by the General Court as well as by the European Ombudsman.