Request of a town councilor, who asks for copy of a report that is found judicial in headquarters

The access to the municipal administrative report related to the object subject of consultation has to be accessible to the town councilors in order to be able to exercise its functions, and has to distinguish from the access to the previous diligences of a penal cause instructed by a Court of Instruction. Apart from suppositions of denial motivated of access, foreseen in the regulations, the existence of a litigious secret makes impossible the access of the town councilor to the information, in the same way that if the Town Council is not a part in the cause. In case the Town Council is a part in the cause, an access could be produced to the applicant town councilor always and when the access is produced within the framework of a legitimate purpose, determinate and explicit, as the development of legally attributed concrete functions, as the case would be of functions directly linked to the penal process, for example. It is necessary to take especially the principle of quality into account.