Openness And Transparency In The Jurisdiction Of The European Court Of Justice (Case T-540/15)

Abstract

The importance of the principle of transparency has been underlined not only by its inclusion in the primary law of the European Union, but also by its inclusion by the Commission in the list of principles of good governance. Moreover, any citizen of the Union or any natural or legal person residing in a Member State of the Union has a right of access to documents of the Union institutions, bodies or agencies, subject to certain principles. The Union institutions shall, in an appropriate manner, give citizens of the Union and representative associations the opportunity to make known and exchange their views publicly in all policy areas within the Union's competence, and shall maintain an open, transparent and regular dialogue with representative associations and civil society. The principle of transparency must be observed by the legislative bodies in the legislative process. The transparency requirement thus also takes into account the fact that the political self-determination of the Union's citizens depends on their being informed. In the event of non-compliance, EU citizens have the option of appealing to the ECJ, which is often the case. The Court often finds in favor of the applicants.