Question juridique clé
Whether third parties may obtain access to final non-prosecution and dismissal decisions under the publicity principle
Solution extraite
The publicity principle can confer an access right to interested third parties, but only if they show a protectable informational interest and no overriding public or private interests oppose disclosure.
Motifs extraits
The Court held that Art. 30(3) BV and Art. 6(1) ECHR are not limited to formal judgments; they also protect transparency in justice. A rigid distinction between convictions and dismissal/non-prosecution decisions would be too formalistic. However, access is not automatic and requires balancing interests, including anonymization if needed.