Fundamental Rights Agency Reports by Court of Auditors

Waiting for an internal review by European Court of Auditors of their handling of this request.

Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

OLAF published in its letter available here
http://www.asktheeu.org/en/request/453/r...
these 4 cases:
A) Case OF/ 2007/ 0488 on FRA Recruitment.
B) Case OF/ 2010/ 0711 on FRA Procurement.
C) Case OF/ 2011/ 0573 on FRA Mismanagement.
D) Case OF/ 2013/ 0328 on FRA Forgery of document.

This 5th case was opened following European Parliament letter of 27.04.2012 available here
http://www.asktheeu.org/en/request/452/r...

European Parliament has been informed in 2nd July 2013 that following its letter dated 27 April 2012 OLAF closed the related case with no recommendation. Details could be found in this Letter
by Mr Michael Theurer (President of EP Budgetary Control Committee) http://www.asktheeu.org/en/request/olaf_...

1. I request access to following information: if Court of Auditors cooperated on all these 5 cases with OLAF. I read in this website that COA is precluded to give details on that cooperation with OLAF, if any. Therefore I request punctual, simple and general information : in which of the above 5 cases COA cooperated with OLAF.

2. I also request access to an overview of critical remarks in COA reports in respect of the other EU agencies. I ask access to these information because I did a research in COA website and noticed that FRA is the only EU Agency which has any critical remark in COA Audit Reports. In asktheeu website, European Parliament Website, Ombudsman website I noticed that FRA has some sensitive and not yet clarified problems with tender procedures, conflict of interest, employment cases, harassment cases, etc.

I would very much appreciate having access to some documents, even in partial form with names covered, in order to be able to understand how FRA managed not having any critical remark in COA Reports, given the details provided in point 2.

Thank you very much.

Yours faithfully,

Mike Stabenow

European Court of Auditors

Dear Mike Stabenow,

We acknowledge the receipt of your request for access to ECA documents
sent on 30 July 2013 regarding:

- ECA cooperation with OLAF in the below-mentioned cases;
- ECA reports in respect of the FRA and other EU Agencies;

You will receive a reply within 15 working days, that is by the end of the
business day on Wednesday 21 August 2013.

Kind regards,
ECA Info

From:        Mike Stabenow <[FOI #718 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        30/07/2013 17:22
Subject:        access to information request - Fundamental Rights Agency
Reports by Court of Auditors

--------------------------------------------------------------------------

Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

OLAF published in its letter available here
[1]http://www.asktheeu.org/en/request/453/r...
these 4 cases:
A) Case OF/ 2007/ 0488 on FRA Recruitment.
B) Case OF/ 2010/ 0711 on FRA Procurement.
C) Case OF/ 2011/ 0573 on FRA Mismanagement.
D) Case OF/ 2013/ 0328 on FRA Forgery of document.

This 5th case was opened following European Parliament letter of
27.04.2012 available here
[2]http://www.asktheeu.org/en/request/452/r...

European Parliament has been informed in 2nd July 2013 that following its
letter dated 27 April 2012 OLAF closed the related case with no
recommendation. Details could be found in this Letter
by Mr Michael Theurer (President of EP Budgetary Control Committee)
[3]http://www.asktheeu.org/en/request/olaf_...

1. I request access to following information: if Court of Auditors
cooperated on all these 5 cases with OLAF. I read in this website that COA
is precluded to give details on that cooperation with OLAF, if any.
Therefore I request punctual, simple and general information : in which of
the above 5 cases COA cooperated with OLAF.

2. I also request access to an overview of critical remarks in COA reports
in respect of the other EU agencies.  I ask access to these information
because I did a research in COA website and noticed that FRA is the only
EU Agency which has any critical remark in COA Audit Reports. In asktheeu
website, European Parliament Website, Ombudsman website I noticed that FRA
has some sensitive and not yet clarified problems with tender procedures,
conflict of interest, employment cases, harassment cases, etc.

I would very much appreciate having access to some documents, even in
partial form with names covered, in order to be able to understand how FRA
managed not having any critical remark in COA Reports, given the details
provided in point 2.

Thank you very much.

Yours faithfully,

Mike Stabenow

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #718 email]

If [European Court of Auditors request email] is the wrong address for information requests to
European Court of Auditors, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Court of Auditors will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[4]http://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

**********************
Disclaimer: If you have received this message in error, please contact the
sender immediately.

**********************
Avertissement : Si ce message vous a été adressé par erreur, nous vous
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References

Visible links
1. http://www.asktheeu.org/en/request/453/r...
2. http://www.asktheeu.org/en/request/452/r...
3. http://www.asktheeu.org/en/request/olaf_...
4. http://www.asktheeu.org/en/help/officers

European Court of Auditors

Dear Mike Stabenow,

We would like to inform you that pursuant to Article 6(3) and (4) of
Decision 12-2005 of the Court of Auditors regarding public access to Court
documents, and due to the vacation period, the initial deadline of 15
working days (ending on 21 August 2013) must be exceptionally extended for
another 15 working days.

You will receive a reply by the end of the business day on Wednesday 11
September 2013.

Kind regards,
ECA Info

From:        ECA-INFO/Eca
To:        Mike Stabenow <[FOI #718 email]>
Cc:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        31/07/2013 09:01
Subject:        Re: access to information request - Fundamental Rights
Agency Reports by Court of Auditors
Sent by:        Damijan FISER

--------------------------------------------------------------------------

Dear Mike Stabenow,

We acknowledge the receipt of your request for access to ECA documents
sent on 30 July 2013 regarding:

- ECA cooperation with OLAF in the below-mentioned cases;
- ECA reports in respect of the FRA and other EU Agencies;

You will receive a reply within 15 working days, that is by the end of the
business day on Wednesday 21 August 2013.

Kind regards,
ECA Info

From:        Mike Stabenow <[FOI #718 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        30/07/2013 17:22
Subject:        access to information request - Fundamental Rights Agency
Reports by Court of Auditors

--------------------------------------------------------------------------

Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

OLAF published in its letter available here
[1]http://www.asktheeu.org/en/request/453/r...
these 4 cases:
A) Case OF/ 2007/ 0488 on FRA Recruitment.
B) Case OF/ 2010/ 0711 on FRA Procurement.
C) Case OF/ 2011/ 0573 on FRA Mismanagement.
D) Case OF/ 2013/ 0328 on FRA Forgery of document.

This 5th case was opened following European Parliament letter of
27.04.2012 available here
[2]http://www.asktheeu.org/en/request/452/r...

European Parliament has been informed in 2nd July 2013 that following its
letter dated 27 April 2012 OLAF closed the related case with no
recommendation. Details could be found in this Letter
by Mr Michael Theurer (President of EP Budgetary Control Committee)
[3]http://www.asktheeu.org/en/request/olaf_...

1. I request access to following information: if Court of Auditors
cooperated on all these 5 cases with OLAF. I read in this website that COA
is precluded to give details on that cooperation with OLAF, if any.
Therefore I request punctual, simple and general information : in which of
the above 5 cases COA cooperated with OLAF.

2. I also request access to an overview of critical remarks in COA reports
in respect of the other EU agencies.  I ask access to these information
because I did a research in COA website and noticed that FRA is the only
EU Agency which has any critical remark in COA Audit Reports. In asktheeu
website, European Parliament Website, Ombudsman website I noticed that FRA
has some sensitive and not yet clarified problems with tender procedures,
conflict of interest, employment cases, harassment cases, etc.

I would very much appreciate having access to some documents, even in
partial form with names covered, in order to be able to understand how FRA
managed not having any critical remark in COA Reports, given the details
provided in point 2.

Thank you very much.

Yours faithfully,

Mike Stabenow

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #718 email]

If [European Court of Auditors request email] is the wrong address for information requests to
European Court of Auditors, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Court of Auditors will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[4]http://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

**********************
Disclaimer: If you have received this message in error, please contact the
sender immediately.

**********************
Avertissement : Si ce message vous a été adressé par erreur, nous vous
prions de vous mettre immédiatement en rapport avec l’expéditeur.

References

Visible links
1. http://www.asktheeu.org/en/request/453/r...
2. http://www.asktheeu.org/en/request/452/r...
3. http://www.asktheeu.org/en/request/olaf_...
4. http://www.asktheeu.org/en/help/officers

Mike Stabenow left an annotation ()

deadline 11 September 2013

European Court of Auditors

Dear Mr. Stabenow,

The ECA has considered your requests of 30 July 2013:

Request 1:
I request access to following information: if Court of Auditors cooperated
on all these 5 cases with OLAF. I read in this website that COA is
precluded to give details on that cooperation with OLAF, if any. Therefore
I request punctual, simple and general information : in which of the above
5 cases COA cooperated with OLAF.
References provided in respect of the first 4 cases are internal OLAF
references.  It is not possible for the ECA to identify what
recruitment/procurement/transactions were the subject of the OLAF
investigation from these references or from the annexed documents provided
by OLAF to the requestor.  For the 5th case, the case concerned a
procurement but this procurement is not identified in any of the documents
provided.  In the absence of a means to identify either the procurements,
recruitments or transactions involved, it is not possible to make any
comment as we use different reference codes than OLAF in recording our
work and we cannot reconcile our references to those of OLAF.

Request 2:
a) I also request access to an overview of critical remarks in COA reports
in respect of the other EU agencies.  

b) In asktheeu website, European Parliament Website, Ombudsman website I
noticed that FRA has some sensitive and not yet clarified problems with
tender procedures, conflict of interest, employment cases, harassment
cases, etc.

I would very much appreciate having access to some documents, even in
partial form with names covered, in order to be able to understand how FRA
managed not having any critical remark in COA Reports, given the details
provided [in point 2].

a) The information requested is already in the public domain, i.e our
reports are publicly available at
[1]http://www.eca.europa.eu/en/Pages/AuditR....  No
document containing an "overview of critical remarks" has been produced by
the ECA, and thus we are unable to provide such a document.  
b) You have not specified what documents you are seeking access to.  In
the absence of a request for specific documents, it is not possible to
determine which documents will enable you to understand the judgement the
ECA applied in drafting its report.  
We draw your attention to the fact that, pursuant to Article 7 of Decision
No. 12/2005, you may make a request for reconsideration within 15 working
days of receiving this reply, and ask the ECA to reconsider its position.

Kind regards,

Aidas Palubinskas

From:        Mike Stabenow <[FOI #718 email]>
To:        information requests at European Court of Auditors
<[European Court of Auditors request email]>
Date:        30/07/2013 17:22
Subject:        access to information request - Fundamental Rights Agency
Reports by Court of Auditors

--------------------------------------------------------------------------

Dear European Court of Auditors,

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

OLAF published in its letter available here
[2]http://www.asktheeu.org/en/request/453/r...
these 4 cases:
A) Case OF/ 2007/ 0488 on FRA Recruitment.
B) Case OF/ 2010/ 0711 on FRA Procurement.
C) Case OF/ 2011/ 0573 on FRA Mismanagement.
D) Case OF/ 2013/ 0328 on FRA Forgery of document.

This 5th case was opened following European Parliament letter of
27.04.2012 available here
[3]http://www.asktheeu.org/en/request/452/r...

European Parliament has been informed in 2nd July 2013 that following its
letter dated 27 April 2012 OLAF closed the related case with no
recommendation. Details could be found in this Letter
by Mr Michael Theurer (President of EP Budgetary Control Committee)
[4]http://www.asktheeu.org/en/request/olaf_...

1. I request access to following information: if Court of Auditors
cooperated on all these 5 cases with OLAF. I read in this website that COA
is precluded to give details on that cooperation with OLAF, if any.
Therefore I request punctual, simple and general information : in which of
the above 5 cases COA cooperated with OLAF.

2. I also request access to an overview of critical remarks in COA reports
in respect of the other EU agencies.  I ask access to these information
because I did a research in COA website and noticed that FRA is the only
EU Agency which has any critical remark in COA Audit Reports. In asktheeu
website, European Parliament Website, Ombudsman website I noticed that FRA
has some sensitive and not yet clarified problems with tender procedures,
conflict of interest, employment cases, harassment cases, etc.

I would very much appreciate having access to some documents, even in
partial form with names covered, in order to be able to understand how FRA
managed not having any critical remark in COA Reports, given the details
provided in point 2.

Thank you very much.

Yours faithfully,

Mike Stabenow

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #718 email]

If [European Court of Auditors request email] is the wrong address for information requests to
European Court of Auditors, please tell the AsktheEU.org team on email
[email address]

This message and all replies from European Court of Auditors will be
published on the AsktheEU.org website. For more information see our
dedicated page for EU public officials at
[5]http://www.asktheeu.org/en/help/officers

-------------------------------------------------------------------

**********************
Disclaimer: If you have received this message in error, please contact the
sender immediately.

**********************
Avertissement : Si ce message vous a été adressé par erreur, nous vous
prions de vous mettre immédiatement en rapport avec l’expéditeur.

References

Visible links
1. http://www.eca.europa.eu/en/Pages/AuditR...
2. http://www.asktheeu.org/en/request/453/r...
3. http://www.asktheeu.org/en/request/452/r...
4. http://www.asktheeu.org/en/request/olaf_...
5. http://www.asktheeu.org/en/help/officers

Dear European Court of Auditors,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of European Court of Auditors's handling of my FOI request 'Fundamental Rights Agency Reports by Court of Auditors'.

The object of my request for internal review:
I request a review of your decision and to grant me access to any documents related to my questions 1 and 2. If such docs does not exist, I request to be provided with a reply stressing why FRA has no critical remarks in COA reports and the other 27 EU agencies has a lot of critical remarks.

I particularly request a confirmation by COA that activity of FRA justifies this absence of critical remarks.

I see that FRA launched a new call for tender of 20 millions euro http://fra.europa.eu/sites/default/files... for the same subject as here
http://fra.europa.eu/sites/default/files..., which is a contract of 12 millions euro awarded in 20.5.2011. Did COA have any legal means to see why this new award procedure is launched after only 2 years out of 4.
I would appreciate an assurance by COA that the new call of 20 millions is legal and regular in all matters and aspects and that the money are used as requested by Financial Regulation. Which is the final outcome for these contracts of 12 + 20 millions euro ?

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/funda...

Yours faithfully,

Mike Stabenow

Dear European Court of Auditors,

This is a reminder for the pending reply I am awaiting form you on my confirmatory application dated 10.09.2013.

Yours faithfully,

Mike Stabenow