Luxembourg, 10/07/2001 (Agence Europe) - In a press release, the Court announces that Advocate General Leger has proposed that it validate the decision of the Court of Fist Instance of 19 July 1999 recognising partial right of access to Council documents. Philippe Leger proposes that it rejects the appeal by the Finnish Green, Heidi Hautala, who disputed the Council's refusal to communicate a report to her, claiming it contained "sensitive information which if divulged would harm European Union relations with third countries". Mr. Leger concludes "the only exemption to the right of partial access can only occur in a case of insurmountable administrative difficulties and under the control of the judge". The press release also stipulates that the Advocate General is explicitly referring to the Union's Charter of Fundamental Rights that guarantees right of access to documents.
The Advocate General considers that the Council's refusal to examine the possibility of partial access to documents is clearly contrary to the principle of proportionality. This practice of "all or nothing" does not seem to him to comply with the nature of fundamental right that should be recognised for the right of access to documents. The extra work that would result from this for the Council in identifying information that could be divulged inside a document does not, in principle, warrant depriving citizens of partial access to information. The Advocate General stipulates that "although certain requirements may warrant the limitation of the right of access, notably relating to national defence", he regards it necessary to check whether these restrictions of a fundamental principle (which must always be interpreted in a restrictive manner), remain proportional to the goal sought (the protection of the public interest).