Public access to documents in EU external relations

Abstract

As the EU's competences and activities in the area of external relations expand, it becomes increasingly relevant for citizens and civil society to be able to access documents related to EU external action in order to effectively participate in the democratic life of the EU. Yet many of the documents held by EU institutions on external affairs potentially fall within the scope of the ‘international relations’ and ‘defence and military matters’ exceptions contained in the EU's Access to Documents Regulation 1049/2001. This contribution critically assesses the application of these exceptions by the Court of Justice of the EU, the Ombudsman and the EU institutions themselves, and identifies which rationales might warrant withholding access to specific types of documents that concern EU external relations. In light of the expansion of the EU's external competences, this article argues that EU institutions should properly substantiate any refusal to disclose a document in this field, and the CJEU should apply stronger judicial scrutiny of the use of these exceptions, in order to safeguard the fundamental right of access to documents, and safeguard the democratic legitimacy of decision-making in the EU.