Bulletin n. 2/2011
October 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Maubernard Christophe
    Transparence, procès équitable et union de droit
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 551, septembre ,  2011 ,  498-505
    The requirement of transparency applies to the Union's institutions and bodies, in order to allow a consistent and constructive exchange with European citizens, as encouraged by new article 11 item 3 of the Treaty instituting the European Union, as well as EC regulation n° 1049/2001 relating to access to the documents of some institutions. The European Union Court of Justice, even before its codification, had made a principle of the concept. However, no judge had had an opportunity to rule on the impact of the principle of transparency in legal proceedings. That has been done in the API ruling entered on September 21, 2010. Considering that proceedings documents play a vital role in the proper sequence of proceedings and therefore help ensure fair proceedings, the Court of Justice does not hesitate to clarify the cases where the principle can be usefully claimed and those where, on the contrary, it has to be rule out, including to reconcile the rights of defence with legitimate citizen information. The principle of transparency is therefore the subject of a specific application in legal proceedings.
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016