Openness at the Court of Justice of the European Union: Toppling a taboo

Abstract

Despite the pervasive rhetoric of transparency in the EU, the openness of the Court of Justice has received little attention. Openness consists of various forms of active cooperation and communication between the EU institutions and the public. While the Court has consistently guaranteed the principles of transparency of judicial proceedings and publicity of trial vis-à-vis the parties (stemming from Art. 6 ECHR), it has not provided a similar level of "openness" beyond this. By establishing that openness applies essentially to the work of the executive and legislative, the Court emphasized the specificity of its judicial task. This article examines to what extent the public is informed or may obtain information concerning the activity of the Court, paying due regard to the distinction made in Article 15 TFEU between administrative and judicial tasks. It argues that Article 15(1) requires rendering all the activities of the Court more open.