Advanced Search
MyIDEAS: Login to save this article or follow this journal

Public access to community documents: a fundamental human right?

Contents:

Author Info

  • Davis, Roy W.
Registered author(s):

    Abstract

    There is a marked difference between the culture of open government in some Member States, particularly Sweden, and the culture of secrecy in Britain. Recent calls for a uniform interpretation of the law regarding public access to documents held by the Community Institutions seem to suggest that a Swedish-style right of access should be adopted at EU level, on the grounds that public access to government-held information is a fundamental human right. To date, however, it seems that insufficient arguments have been advanced in order to justify this particular claim. Notable constitutional lawyers remain sceptical, as do some Member State governments. Furthermore, in the absence of a convincing philosophical justification for the claim, a situation may be created in which certain people are said to enjoy a fundamental human right, not because they are human beings, but by virtue of their status as citizens or residents of an EU Member State. This appears to be counter-intuitive, if it is accepted that fundamental human rights should be enjoyed by all and should therefore be justified on the basis of universally-shared fundamental values. It therefore seems that further explanation of the importance of public access to documents is required, and further justification of the claim that this is, or should be regarded as, a fundamental human right.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://eiop.or.at/eiop/texte/1999-008a.htm
    File Function: Abstract
    Download Restriction: no

    File URL: http://eiop.or.at/eiop/texte/1999-008.htm
    File Function: Full text
    Download Restriction: no

    File URL: http://eiop.or.at/eiop/pdf/1999-008.pdf
    File Function: Full text
    Download Restriction: no

    Bibliographic Info

    Article provided by European Community Studies Association Austria (ECSA-A) in its journal European Integration online Papers (EIoP).

    Volume (Year): 3 (1999)
    Issue (Month): (07)
    Pages:

    as in new window
    Handle: RePEc:erp:eiopxx:p0041

    Contact details of provider:
    Email:
    Web page: http://www2.wu-wien.ac.at/ecsa/
    More information through EDIRC

    Order Information:
    Web: http://eiop.or.at/eiop/

    Related research

    Keywords: access to documents; Sweden; U.K.; Amsterdam Treaty; transparency; fundamental/human rights; European citizenship; democracy; law;

    References

    References listed on IDEAS
    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
    as in new window
    1. Öberg, Ulf, 1998. "Public Access to Documents after the entry into force of the Amsterdam Treaty: Much Ado About Nothing?," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), European Community Studies Association Austria (ECSA-A), vol. 2, October.
    Full references (including those not matched with items on IDEAS)

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:eiopxx:p0041. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Editorial Assistant).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.