Décision judiciaire de Raad van State, 1 décembre 2021
| Date de Résolution | 1 décembre 2021 |
| Juridiction | Nietigverklaring |
| Nature | Arrest |
Art. 32 GW wordt verder geconcretiseerd in art. II.26 van het bestuursdecreet. Art. II.31, eerste lid, van het bestuursdecreet voorziet in een principieel recht op openbaarmaking. Onder titel II, Hoofdstuk 3, afdeling 3 van het bestuursdecreet worden de uitzonderingen op dit recht geregeld. Elk beroep op een uitzonderingsbepaling moet concreet worden gemotiveerd met verwijzing naar de specifieke gegevens, eigen aan de zaak. Geen enkele uitzonderingsgrond kan de grondslag vormen om aan een bestuurde systematisch de openbaarheid van bestuur te weigeren.
Art. II.35, 4°, van het bestuursdecreet, bepaalt dat een aanvraag tot openbaarmaking wordt afgewezen indien het belang van de openbaarheid niet opweegt tegen de bescherming van de rechtspleging in een burgerlijk of...
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