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State Attorney reply to the appeal submitted by Greenpeace under the fundamental rights procedure

Appears in case: Complaint Against the Minister of Industry, Commerce and Tourism Through a ‘Special Procedure for the Protection of Fundamental Rights’




Armed Conflict in Yemen

Recipient State

Saudi Arabia, United Arab Emirates

Document Type

Government Submissions

The state attorney replies to the appeal submitted by Greenpeace upholding the arguments of the government at first instance.

To the first of the questions posed by the Court, the State Attorney answers that the right of access to files and records public services does not enjoy, as the appellant seems to claim, the enhanced protection of fundamental right. The state argues that although the jurisprudence of the ECtHR has linked the right of access to information with article 10 ECHR, this link results from the absence of another legal basis in the ECHR that grants protection to the right of access to public information. However, the Spanish constitution has granted this right.  With regard to the second of the questions to “determine the scope of the classification of certain documents as classified and secret matter in relation to the right of access to information”, the State Attorney refers to the Law on Official Secrets.