Excluding Institutions Acting in Legislative Capacity from the Scope of the Directive 2003/4/EC
Excluding Institutions Acting in Legislative Capacity from the Scope of the Directive 2003/4/EC

Summary/Abstract: Based on two recent judgements of the Court of Justice of the EU the following paper analyses the possibility to exclude institutions acting in legislative capacity from the scope of public authorities obliged to disclose information. The paper focuses on institutions whose primary main function is not adopting laws, but which participate in legislative process by means of submitting their observations, preparing bills etc. When preparing bills the ministries gather background materials which may often be politically sensitive. By refusing to disclose this information institutions undermine the transparency and openness of public administration.

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