Access to Documents

Legal framework

The principle of transparency and the right of individuals to access documents of EU Bodies and Institutions are laid down in both Article 15 of the Treaty of the Functioning of the EU and Article 42 of the Charter of Fundamental Rights of the EU. These are implemented through Regulation (EC) No 1049/2001 regarding public access to documents  (hereinafter, the "Access to Documents Regulation").

eu-LISA gives issues of transparency and public access to documents the utmost importance. Article 34 of eu-LISA Establishing Regulation (Regulation (EU) 2018/1726) underlines that the Access to Documents Regulation shall apply to the Agency in its entirety, with particular regard to the EU legal acts governing the development, establishment, operation and use of large-scale IT-systems.

Applications

According to Article 2 of the Access to Documents Regulation, any EU citizen, as well as any natural or legal person residing or having a registered office in a Member State, has the right to access documents held by eu-LISA, subject to the principles, conditions and limits defined in the Regulation itself.

Applications for access to document(s) can be made in any written form, including electronic form.

When submitting a request, as required by the Access to Documents Regulation, please ensure that your application is drafted in a sufficiently precise manner to enable the institution to identify the document(s). The Agency may request more detailed information from the applicant in order to clarify the application and guarantee a smoother process. The applicant is not obliged to state reasons for the application.

Applications can be submitted:

  • By post:
    European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice
    Vesilennuki 5
    10415 Tallinn,
    Estonia
  • By e-mail:
    pad@eulisa.europa.eu

 

Processing

The Agency will acknowledge and process your application in accordance with the Access to Documents Regulation, within 15 working days starting from the registration of the application. In exceptional cases, for example due to the necessity of processing a large quantity of documents, this time limit may be extended.

Taking into account the Access to Documents Regulation, eu-LISA can decide to grant full or partial access as well as to refuse access to the document(s) requested.

Within 15 working days of receiving eu-LISA's reply giving partial access or refusing access to the document(s) requested, it is possible to issue a confirmatory application, inviting the Agency to reconsider its initial decision. The confirmatory application can be requested in the same way as the original request. You should be aware of the fact that a failure by eu-LISA to reply within the prescribed time limit (explained above) allows the applicant to make a confirmatory application.

If the confirmatory application is not successful, you can take into consideration instituting court proceedings against eu-LISA before the Court of Justice of the European Union and/or making a complaint to the EU Ombudsman.