Some jurisprudential restrictions on the right of access to administrative documents

Abstract

The article analyzes case law restrictions on the right of access to administrative documents in France. The author highlights a tendency by the Council of State to restrict this right through two main developments: a more limited definition of administrative documents, excluding documents of a political nature, and a broadening of the concept of abusive requests, now also based on the burden imposed on the administration. These developments increase the discretionary power of public authorities and risk weakening transparency. The author criticizes this approach, highlighting potential problems of legitimacy, inequalities in application, and a progressive erosion of the fundamental right of access to administrative information.