Brevi riflessioni sul rapporto tra il nuovo regime di pubblicità degli atti processuali relativi a procedimenti ex art. 267 TFUE e il regolamento (CE) n. 1049/2001

The amended Statute of the CJEU requires, inter alia, to publish online the statements of case or the written observations of the parties submitted in proceedings under Art. 267 TFEU after the closing of the case, unless the parties raise objections to the publication. After outlining the new rules on the publication of judicial documents, this contribution analyses their content and rationale in light of the EU legal framework on transparency, with particular reference to the judicial activity of the Court. It then analyses the case-law and the principles governing the right of access to documents held by the institutions and their applicability to the new system of publication of judicial documents. Finally, it examines the possibility to refuse access or disclosure of such documents, and its effects, in the context of the coordination between Regulation (EC) No 1049/2001 and Article 23 of the Statute, also in light of the first period of implementation of the reform.