{"id":18728,"date":"2026-03-17T17:54:29","date_gmt":"2026-03-17T16:54:29","guid":{"rendered":"https:\/\/www.daldewolf.com\/?p=18728"},"modified":"2026-03-17T17:54:29","modified_gmt":"2026-03-17T16:54:29","slug":"the-officil-january-february-2026-issue-108","status":"publish","type":"post","link":"https:\/\/www.daldewolf.com\/en\/the-officil-january-february-2026-issue-108\/","title":{"rendered":"THE OFFICI@L \u2013 January\/February 2026 \u2013 Issue 108"},"content":{"rendered":"
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The OFFICI@L – Issue 108 – January\/February 2026, our newsletter dedicated to European Union officials, has just been published. It is available in both French and English.<\/span><\/p>\n<\/div><\/div>

Editorial<\/h1>\n

Dear Readers,<\/em><\/p>\n

Your Offici@l returns at the beginning of 2026 with a special focus on the right of access to files and documents<\/a>.<\/em><\/p>\n

In case law, a recent judgment of the Court of Justice of the European Union on tax relief<\/a> has caught our attention.<\/em><\/p>\n

Finally, the measures relating to the \u201clow emission zone\u201d affecting vehicle circulation in Brussels<\/a> will be covered in our \u201cBelgian Law\u201d section.<\/em><\/p>\n

Is there a topic you feel strongly about? The next issue of the Offici@l could be dedicated to it!<\/em><\/p>\n

Feel free to contact us by email: theofficial@daldewolf.com<\/a>.<\/em><\/p>\n

The DALDEWOLF team<\/em><\/p>\n<\/div><\/div><\/div><\/div><\/div>

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DALDEWOLF<\/strong>
\n– European Union Law and Human Rights<\/strong><\/em>
\nTHIERRY BONTINCK – ANA\u00cfS GUILLERME – LUCIE MARCHAL – CELIA ANDR\u00c9 – PAULINE BAUDOUX – SABRINA NAPOLITANO – FEDERICO PATUELLI
\n– Belgian Law<\/strong><\/em>
\nDOMINIQUE BOGAERT<\/p>\n

in partnership with PERSPECTIVES law firm<\/strong>:
\n– Family Law<\/strong><\/em>
\nCANDICE FASTREZ<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div>

<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section>
<\/div>

Focus – Right of Access to the File and to Documents<\/strong><\/h2>\n

Transparency in practice: how to exercise your right to access documents?<\/strong><\/em><\/p>\n

Who has never wondered about the procedures for obtaining access to documents? Whether to understand a decision adversely affecting the interests of the concerned staff member or to properly prepare a defense, access to information remains a crucial issue. The principles of sound administration and transparency, which are fundamental to the proper functioning of the European institutions\u2014particularly in the employment relationship with officials and agents\u2014help prevent misunderstandings and misinterpretations. It is not uncommon for certain disputes to arise from a lack of transparency, particularly when individuals have been unable to obtain the documents needed to understand or challenge a disputed decision.<\/p>\n

The aim of this article is therefore to examine the various procedural avenues available to European officials and agents to obtain access to documents that concern them or that are necessary for the exercise of their rights. It will also highlight the distinctions that exist between these mechanisms, both legally and in practice.<\/p>\n

First of all, it is important to emphasize that several legal frameworks govern access to documents within the European Union. However, the application of these rules varies depending on the nature of the documents sought and the purpose pursued by the individual concerned.<\/p>\n

Firstly, Article 26 of the EU Staff Regulations (Articles 11 and 81 of the CEOS for the agents)\u2014grants every official the right, including after termination of service, to consult all documents in their personal file and to obtain copies thereof. This file includes, in particular, documents relating to their administrative situation, as well as reports on their ability, efficiency or conduct. Thus, an agent wishing to access information concerning their administrative situation (e.g. recruitment, employment status, secondment, etc.), their assessment reports or possible disciplinary sanctions may simply invoke Article 26 and submit a written request to the administration. By contrast, access to medical files falls under Article 26a of the EU Staff Regulations: the request must be submitted through a doctor chosen by the person concerned, who cannot access personal notes made by doctors where confidentiality is necessary to protect the person concerned or the rights of others (CSC, 16 September 2013, CN\/Council, F\u201184\/12, EU:F:2013:128). If the administration rejects a request for access under these provisions, the individual may submit a complaint under Article 90(2) of the EU Staff Regulations within three months of the refusal.<\/p>\n

Secondly, the individual may also submit a written request for access on the basis of Article 41(2)(c) of the EU Charter of Fundamental Rights, which provides that everyone has the right to access their file, subject to the legitimate interests of confidentiality, professional secrecy and business secrecy. The request must be addressed to the authority holding the information sought. According to case-law, the concept of a \u201cfile\u201d for the purposes of this provision is broader than that in Article 26 of the Staff Regulations and may include, for example, an investigation report (GC, 8 October 2025, CQ\/EESC, T\u2011117\/24, EU:T:2025:948)\u2014which is not the case for the personal file referred to in Article 26 of the Staff Regulations (CFI, judgment of 2 April 1998, Apostolidis\/Court of Justice, T\u201186\/97, EU:T:1998:71). It should also be noted that the individual concerned may combine Article 41 of the Charter with Articles 26 and 26a of the Staff Regulations when submitting a request for access. If the administration rejects a request based on Article 41 of the Charter, the individual may likewise lodge a complaint under Article 90(2) of the EU Staff Regulations.<\/p>\n

Thirdly, individuals may invoke Article 6 of Regulation 1049\/2001 regarding public access to documents of the European Parliament, the Council and the Commission. It should be recalled that when making such a request, the person acts not as a member of staff, but as an EU citizen (Article 1(1) of the Regulation), seeking access to all documents held by the institutions in all areas of EU activity. This right is therefore broader than that provided under Article 41 of the Charter or Articles 26 and 26a of the Staff Regulations (GC, judgment of 16 July 2025, Ballmann\/EDPS, T\u2011183\/23, EU:T:2025:735). The purpose of the Regulation is to ensure the greatest possible transparency of public authorities\u2019 decision-making processes and the information underlying those decisions. Its primary aim is therefore to facilitate the exercise of the right of access to documents and to promote good administrative practices (CJEU, judgment of 29 June 2010, Commission\/Bavarian Lager, C\u201128\/08 P, EU:C:2010:378). Requests to access to documents do not need to be reasoned but must be submitted in writing and specify the documents sought. However, this is not an absolute right: Article 4 of the Regulation provides for several exceptions, including the protection of essential public interests (public security, defence, etc.), privacy and personal data, commercial interests, and judicial proceedings or audit\/investigation activities that could be compromised by disclosure. Access may nevertheless be granted where an overriding public interest justifies it. These exceptions must be interpreted strictly (GC, judgment of 10 September 2025, Nouwen\/Council, T\u2011255\/24, EU:T:2025:865). Unlike requests based on Article 41 of the Charter or Articles 26\/26a of the Staff Regulations, refusals (total or partial) under Regulation 1049\/2001 may be challenged by submitting a confirmatory application within 15 working days (Articles 7(4) and 8 of the Regulation).<\/p>\n

Lastly, Regulation 2018\/1725 on the protection of natural persons with regard to the processing of personal data by the EU institutions, bodies and agencies\u2014the EU administration\u2019s \u201cinternal GDPR\u201d\u2014may also be invoked by individuals seeking information about their personal data or requesting its transfer (Article 17(3)-(4)). This right exists solely to verify that their data is being processed lawfully under the Regulation. The request must be made in writing to the data protection officer (the DPO). This Regulation may also apply in cases where access to documents has been requested under Regulation 1049\/2001, helping determine whether a refusal of access is justified on the basis of the protection of third parties\u2019 personal data. Disclosure is possible only if it is necessary, does not prejudice the interests of the person concerned (Article 9(1)(a)-(b)) and constitutes lawful processing under Article 5 (GC, judgment of 6 April 2022, Saure\/Commission, T\u2011506\/21, EU:T:2022:225). In principle, to reconcile access rights and data protection, the institution may provide a redacted version of the documents. In the event of refusal, the individual may lodge a complaint with the European Data Protection Supervisor within two years of becoming aware of the unlawful situation of his data processing (Article 14(4)).<\/p>\n

In conclusion, access to documents is governed by several distinct mechanisms, each serving its own purpose: the EU Staff Regulations govern access to the personal file, Article 41 of the Charter provides access to the broader administrative file of the concerned staff member, Regulation 1049\/2001 governs transparency for all citizens, and Regulation 2018\/1725 protects personal data. Although these frameworks differ, they may be strategically combined depending on the nature of the documents sought and the purpose pursued. When used effectively together, they offer a complete set of tools enabling individuals to fully exercise their right to information.<\/p>\n<\/div>