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<p>This article examines recent trends in the case law of the Court of Justice and the General Court of the European Union regarding public access to documents under Regulation (EC) No 1049/2001. Drawing on judgments delivered between 2023 and 2025, the article maps the evolving judicial interpretation of the exceptions to the right of access, including the protection of public security, international relations, financial and monetary policy, personal data, commercial interests, Court proceedings and legal advice, inspections and investigations, and the decision-making process. The analysis also addresses the notion of overriding public interest and the scope of the regulation, including the definition of a ‘document’ in the digital age. Through a systematic review of eighteen key cases decided by the General Court and the Court of Justice, the article identifies recurring patterns and notable shifts in the judiciary’s approach to the balance between institutional confidentiality and the fundamental right of transparency.</p>

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Recent trends and development in the case law of the Court of Justice of the European Union concerning access to documents

  • 期刊论文

  • 发表日期：

    2026年4月15日

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  • Piotr Staszczyk

摘要

This article examines recent trends in the case law of the Court of Justice and the General Court of the European Union regarding public access to documents under Regulation (EC) No 1049/2001. Drawing on judgments delivered between 2023 and 2025, the article maps the evolving judicial interpretation of the exceptions to the right of access, including the protection of public security, international relations, financial and monetary policy, personal data, commercial interests, Court proceedings and legal advice, inspections and investigations, and the decision-making process. The analysis also addresses the notion of overriding public interest and the scope of the regulation, including the definition of a ‘document’ in the digital age. Through a systematic review of eighteen key cases decided by the General Court and the Court of Justice, the article identifies recurring patterns and notable shifts in the judiciary’s approach to the balance between institutional confidentiality and the fundamental right of transparency.