The European Court of Justice has restricted the practice of governments of tacitly refusing public information requests. In a preliminary ruling handed down on 21 April 2005, the Court found that while Belgian legislation could provide that the failure of a public authority to respond to a request for information within a period of two months is deemed to give rise to an implied refusal which may be the subject of a judicial or administrative review in accordance with the national legal system, it is unlawful for such a decision not to be accompanied by reasons when the two-month time-limit expires. In those circumstances, the implied refusal must be regarded as unlawful.
The judgment came in a case examining the country's implementation of the European Union’s 1990 access to environmental information directive (Directive 90/313/EEC).
The Aarhus Convention also addresses the rights enjoyed by the public when making a request for environmental information, including the manner in which a refusal may be made by a Party to the treaty. Under article 4 of the Convention, a refusal of an information request must be made in writing if the original request was in writing or if the applicant requests written notification. A refusal must state the reasons for the refusal and give information on access to the review procedure provided for in accordance with article 9 of the Convention.
The European Community ratified the Aarhus Convention in February 2005.
