Legal aspects of classified information in the European Union

Abstract

Undoubtedly, information is emerging as a powerful tool in the modern turbulent environment of security for states, organisations and individuals. This paper aims to contribute to the legal-theoretical discussion signalling that the EU values and human rights are threatened by the handling of classified information in the EU. By analysing the legal nature of the EU Council Security Rules and its applicability to the MS, in conjunction with the supranational judicial review on human rights and fundamental freedoms, the impact of policies regarding classified information on EU values and human rights becomes more transparent. Having established that, this paper adds to the legal-theoretical understanding that EU needs to reconsider its rules regarding classified information, which must be restructured carefully in order to safeguard the rule of law, transparency, accountability and the rights of the individuals, especially the right of access to documents.