17 January 2025 –  Access Info and Open Knowledge France today release recommendations on how to align the French Access to Documents Law with international standards.

Access to documents is recognised as a constitutional guarantee in France and is governed by the Code of Relations between the Public and the Administration (CRPA).

Despite its constitutional status, the current legal framework regulating this right falls significantly short of the benchmarks established by the Council of Europe Convention on Access to Official Documents (Tromsø Convention) and other international best practices.

Key Gaps Identified in the CRPA

A detailed analysis, carried out under the ATI Network Project, reveals several critical shortcomings in France’s access to documents framework, including:

  • Lack of Scope: Draft documents and documents held by the Legislative Branch are out of scope of the law, leaving significant categories of public information inaccessible;
  • Absolute Exceptions: The law contains absolute exceptions that are not subject to a harm or a public interest test;
  • Weak Oversight Mechanism: the Commission for Access to Administrative Documents plays an advisory role, therefore lacking the power of binding decisions and sanctioning authority.

Despite being a member of the Council of Europe, France has yet to sign or ratify the Tromsø Convention, a step strongly recommended by GRECO in its Fifth Evaluation Report on France. To align the French legal framework with the Convention and global standards, various reforms are urgently needed.

Rachel Hanna, Executive Director of Access Info: 

“The right to documents must be upheld by a robust legal framework. Gaps and weaknesses in France’s current law create significant barriers that prevent citizens from fully exercising this essential right. Addressing these shortcomings is crucial to enhancing transparency, fostering trust, and promoting democratic engagement.”

Xavier Berne, Executive Director of Open Knowledge France : 

“In the face of the dangers of conspiracy theories and fake news, it is more important than ever for administrations to comply with the constitutional requirements of transparency. Unfortunately, French law has been poorly enforced for many years and remains insufficient in many respects.”

Access Info and Open Knowledge France have today published legal recommendations to strengthen the CRPA, bringing it into alignment with international transparency standards. They also call on the French Government to sign and ratify the Tromsø Convention.

  • Download the legal recommendations here 

About the ATI Network Project: Access Info Europe, along with mySociety and Open Knowledge Foundation Germany, are partners of the ATI Network Project. This three-year project aims to build a cohesive, wide, and activated community that is working to strengthen the right of access to information across the European region.