In the Union we Trust: Trust enhancing principles of community law Koen Lenaerts

Purpose of article: examine recent case law developments regarding trust enhancing principles 1. 2. 3. 4. 1. 2. Principle of transparency Principle of equality in arms Precautionary principles Principle of sound administration Principle of Transparency Used to only allow certain documents Growing distrust of government by citizens and emergence of civil society and non-governmental organization as new powerful check on government power ^ spurred political elite to increase transparency Declaration no. 17 annexed to Maastricht treaty in 1992 Further directives improved access and transparency Important because if recognized, means courts can look at reason why refused and generally look at exceptions within legislation in light of principle Court has so far taken ambiguous position But no doubt that principle of transparency has involved into general principle of EU law Treaty of Amsterdam enshrined right of access to documents in Article 255 EC Article 255 EC has been implemented through Regulation 1049/2001 of the EP and Council Right of access was unequivocally upgraded to a FR with its incorporation in the Charter of Fundamental Rights of the EU Court has used principle of proportionality to limit scope of exceptions Principle of equality in arms First appeared in Solvay and ICI judgements of 1995 (soda Ash cases) Now article 27(2) of Regulation no.1/2003 provides that the parties involved in proceedings uner Article 81(1) and/or 82 EC shall be entitled to have access to the Commissions files subject to classic exceptions relating to business secrets and other confidential info and internal documents of commission Commission will have to apply provision within general principle of law Precautionary principles Generally recognised a general principle of law Can take precautionary measures without having to wait for reality and seriousness of those risks to become fully apparent Commission courts have rightly attached utmost importance to the respect of proportionality principle each time they were called upon to examine the legality of a national or community measure adopted by reference of the precautionary principle Principle of sound administration Article 41(1) of the Charter of Fundamental Rights of the EU confirms that every person has the right to have his or her affair handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union Encompasses standards of a) Administrative care and diligence b) Administrative fairness c) Legal certainty

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