Non-binding Repatriation Agreements, Duty to Publish International Treaties and the Right to Access to Information Detained by the Public Administration in a Recent Judgment of the Council of State
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Abstract
A recent judgment of the Consiglio di Stato, the Italian highest administrative court, confirmed that technical arrangements concluded at ministerial level are not treaties and therefore the Italian Gov-ernment is not obliged to publish their texts. The article critically analyses the judgment both from the perspective of the international law on treaties and from the perspective of the right to obtain information, protected by art. 10 ECHR. It concludes that there is room to litigate a denial to publish such arrangements under the latter article.
Keywords
- non-binding agreements
- international treaties
- repatriations
- right to access to infor-mation
- transparency
- duty to publish international treaties
