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This chapter describes the EU law doctrinal approach on transparency and the most relevant CJEU case law on the subject matter. The scope is to answer the sub-question concerning the existence of a general principle of transparency in EU law. Before addressing the topic of access to documents, the chapter traces the development of the principle of transparency in different fields of EU law and the difference between active and passive transparency. Furthermore, in EU law transparency also emerged next to other well-established legal principles, such as sound administration and legal certainty. Regulation (EC) No 1049/2001 on access to documents and Regulation (EC) No 1367/2006 seem to remain the core legal framework of transparency in EU law, as exposed at the end of this chapter.

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Is There a General Principle of Transparency in EU Law?

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  • 发表日期：

    2025年

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  • Marianna Vanuzzo

摘要

This chapter describes the EU law doctrinal approach on transparency and the most relevant CJEU case law on the subject matter. The scope is to answer the sub-question concerning the existence of a general principle of transparency in EU law. Before addressing the topic of access to documents, the chapter traces the development of the principle of transparency in different fields of EU law and the difference between active and passive transparency. Furthermore, in EU law transparency also emerged next to other well-established legal principles, such as sound administration and legal certainty. Regulation (EC) No 1049/2001 on access to documents and Regulation (EC) No 1367/2006 seem to remain the core legal framework of transparency in EU law, as exposed at the end of this chapter.