ADMINISTRATIVE | The Council of State refers a preliminary question to the Court of Justice on defensive access

On 15 October 2024, the Council of State issued a preliminary ruling to the Court of Justice. The question concerned access to documents, more specifically access for defence purposes. In particular, the Italian judges asked the European Court to rule on whether Italian legislation, which  provides for the unlimited prevalence of the right of defence over the right to confidentiality whenever an applicant submits a request for access for defence purposes, is in line with EU rules.

Newsletter n. 107 – May 2025