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This chapter describes the legal background and the specific rules on confidentiality that arise from the novelties introduced by the General Food Law reform. It further addresses the tension between confidentiality and transparency as a peculiar characteristic of the EU agencies’ context, providing some examples. This part examines EFSA’s role in handling access requests and how EFSA must arbitrate between conflicting public interests. Lastly, the chapter analyses recent case law of the Court of Justice, EFSA’s practical arrangements, and the rules implementing Regulation (EU) 2019/1381 (“Transparency regulation”) to draw some conclusions on the obligations imposed on, and the potential burdens faced by, private actors.

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How Far Does the Principle of Transparency Constrain the Actions of Private Actors?

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  • 发表日期：

    2025年

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  • Marianna Vanuzzo

摘要

This chapter describes the legal background and the specific rules on confidentiality that arise from the novelties introduced by the General Food Law reform. It further addresses the tension between confidentiality and transparency as a peculiar characteristic of the EU agencies’ context, providing some examples. This part examines EFSA’s role in handling access requests and how EFSA must arbitrate between conflicting public interests. Lastly, the chapter analyses recent case law of the Court of Justice, EFSA’s practical arrangements, and the rules implementing Regulation (EU) 2019/1381 (“Transparency regulation”) to draw some conclusions on the obligations imposed on, and the potential burdens faced by, private actors.