Results found: 2

Search results

Sort By:

Limit search:

Exceptions to the public access to EU institutions documents under regulation 1049/2001

100%

Szwarc M.

Studia Prawnicze

2013

issue 2 (194)

163-194

The article undertakes the issue of lawful exceptions to the right of public access to EU documents under Article 4 of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents. The author analyses the jurisprudence of the General Court and the Court of Justice as regards the interpretation of these exceptions. The article covers obligatory as well as facultative exceptions in public or private interest, exception connected with the protection of the decision-making processes in the EU institutions and the issue of Member States’ documents, which are in possession of EU institutions. The author argues that there have been so far important differences in jurisprudence of the General Court and the Court of Justice in a number of important issues, such as the balance between the public access to documents and respect of privacy. The approach of the EU courts in also highlighted in respect of Member States’ documents – the author draws a conclusion that when the documents drawn by the Member States are transmitted to the UE institutions, the public access to these documents does no longer belong to the national law but to the EU law. In particular, eventual denial to access such documents must be based on exceptions from Article 4 of the Regulation 1049/2001, and not on national law. This results in extending the scope of application of the EU rules on public access to documents.

Effectiveness of EU Directives in National Courts – Judicial Dialogue Continues: The Court of Justice’s Judgment in C-545/17 Pawlak

63%

Miąsik D., Szwarc M.

Polish Yearbook of International Law

2019

vol. 39

267-284

This commentary on the Court of Justice’s ruling in the Pawlak case concentrates on questions of the judicial application of EU law, in particular EU Directives. On the basis of the recent jurisprudence of the Court the authors present three issues: 1) the incidental effects of EU law for the procedural provisions of Member States; 2) the inability to rely on an EU directive by a member state’s authority in order to exclude the application of national provisions which are contrary to a directive; 3) the limits of the duty to interpret national law in conformity with EU law from the perspective of the Court of Justice and the referring court. Further, the article presents the judicial practice of the Polish Supreme Court, and in particular the follow-up decision of this Court not only taking into the account the ruling of the ECJ but also showing how the limitation of a conforming interpretation can be overcome in order to give full effect to EU law. In the authors’ view, this case is worth noting as an example of judicial dialogue in the EU.

Refine search results

1 Polish Yearbook of International Law

1 Studia Prawnicze

2 Szwarc M.

1 Miąsik D.

1 2020

1 2013

Search results

Exceptions to the public access to EU institutions documents under regulation 1049/2001

Effectiveness of EU Directives in National Courts – Judicial Dialogue Continues: The Court of Justice’s Judgment in C-545/17 Pawlak