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Essay On Transparency

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Transparency has broad and narrow meaning. A broader transparency definiton implies openness, communication, and accountabilitywhich are not precise enough to be applied in concrete cases. .Transparency does not only cover availibility of informations but also requires them to be clear and understandable. This latter point distinguishes ‘transparency’ from ‘openness’ Also, transparency has a dimension with regard to access to documents. İt is a part of the freedom of expression in the sense that people have right to receive information.Therefore, right to access to information is recognised as a human right. EU Charter of Fundemantal Rights( thereafter EU Charter) recognises access to documents as a fundamental right .”This right is both a fundamental right of individuals and an institutional principle. “ Article 8 of the Charter codifies right to access to personal data, article 41(2) gives the parties in administratif procedures right to access to file and article 42 codifies it with regard to documents of EU institutions. On the other hand , right to access to informations is not an absolute right. Hovewer, exceptions should be interpreted restrictively in order not to undermine the purpose of the right. Transparency is perceived to increase the legitimacy of the EU institutions as well as the trust that EU citizens have in them. Transparency provides greater legitimacy and accountability of the administration in a democratic system because citizens are given the opportunity to understand the considerations underpinning EU regulations in order to exercise their democratic rights.. The Treaty of Amsterdam enshrined these principles. Article 255 TEC provided the legal basis for governing the right of public access to EU d... ... middle of paper ... ...the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The High Representative shall decide on the implementing rules for the EEAS.” However, “the right to the protection of personal data is not, however, an absolute right, but must be considered in relation to its function in society” as put by the Court in Schecke and Eifert. Thus, article 8(2) of the Charter authorises the processing of personal data the conditions are met. In addition to that, article 52(1) of the Charter enviseages the possibility to restrict the rights enshrinded in the Charter if the conditions are fulfilled. The last but not the least important provision is article 52(3) of the Charter which gives the rights in the Charter the same meaning and scope with European Convention on Human Rights