A confirmatory application under Regulation (EC) No 1049/2001 has been filed challenging the Council's refusal to grant public access to document WK 6662 2026 REV 1, which contains Commission questions and Member State replies regarding the EU's possible signature and conclusion of the Council of Europe Convention for the Protection of the Profession of Lawyer. The applicant contests the Council's invocation of exceptions for protection of the decision-making process and international relations, arguing that no concrete harm has been demonstrated and that an overriding public interest in transparency on rule-of-law matters exists.
The Council, in its initial refusal, argued that disclosure would reveal preliminary views and policy options, thereby undermining ongoing decision-making on the international agreement. It also claimed that release could harm mutual trust in external relations with the Council of Europe and its member states. The Council found no overriding public interest in disclosure and denied partial access, stating the document forms an inseparable whole.
The confirmatory application, dated 1 July 2026, challenges each of these grounds. The applicant contends that the exceptions are not justified and that partial access should be granted. The outcome could set a precedent for transparency in EU decision-making on international agreements affecting fundamental rights. If the refusal is upheld, it may reinforce a restrictive interpretation of transparency exceptions, limiting public scrutiny of internal deliberations on international conventions. The case highlights tensions between confidentiality in external relations and democratic accountability, potentially influencing future access-to-documents jurisprudence.