Access to EU Antidumping/Subsidy Confidential Files: The EU Law 'Zwartveld Sincere Cooperation Doctrine', Surprise What You Are Looking for Already Exists

摘要

At the EU level the Administrative Protective Order (APO) is a long-standing theme which recurs on a regular basis among stakeholders and scholars.' Trade Defense Instruments ('TDI's') is namely the area where interested parties are lobbying for the introduction of an APO system. The goal is of course to bring more transparency in the EU anti-dumping and anti-subsidy investigation regime which although appreciable for the quality of the EU officials involved, still leave the door open to criticism due to the lack of access to some information used in the investigation process. The introduction in the EU of an APO system similar to some extent to the one existing in the US could be a great step forward. However, some practical hurdles and a general political discontent in Brussels make the introduction of an APO regime extremely difficult. Not all is lost, however; as it will be introduced in this brief contribution, at EU level it already exists a means to ask for access to a confidential file in the hands of the EU institutions: the 'sincere cooperation' doctrine. The 'sincere cooperation' TEU is based on the doctrine and has been shaped in its scope by the Court of Justice of the European Union (CJEU). It does allow any interested parties via an EU domestic jurisdiction to request in compliance with full mutual respect existing between the EU and Member States, the assistance of the Brussels based institutions in order to access to a confidential file in the hands of the EU Institutions. The 'sincere cooperation' doctrine is not merely theoretical in fact it has been already successfully experimented in a limited number of cases by few trade lawyers. Perhaps, the effective answer to the call for transparency in TDI's is already in the 'EU house' and not in the yard of the neighbours.