access to OLAF Reports used to my conviction to 4,6 yrs inprisonment
Dear Court of Justice of the European Union,
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 Final Reports documentation OF0944/10 and 0161/2015, which were used by the romanian payment agency for rural devlpt( www.afir.info) to convict me to 4,6 yrs of imprisonment.
I ve asked Ombudsman to ask them to give me access but they said they are confidential. Also the Appeal Court of Brasov asked my lawyer to ask OLAF to send them to Court they haven t observed and since then,4 yrs ago, I desperately tried to get docs from them to show their first report is wrongly issued nased on a visit to a dead company and the second one, also time barred, based on their good cooperation w romanian authorities ( secret police- DLAF / DNA .
Barna Dragos Septimiu
M:++40 753 995 697
We have received your request regarding access to OLAF Final Reports
OF0944/10 and 0161/2015.
In your email you do not refer to a particular case pending before the
Court, in which the requested documents would be submitted, nor do you
claim to be a party to such proceedings.
In these circumstances we need to point out that, the Court of Justice of
the European Union does not systematically receive and hold document
issued by other EU institutions, agencies or bodies, which are not
submitted to the Court in relation to a particular court proceedings. The
Court is therefore not in a position to accede to your request.
In any event, as far as access to documents held by the Court is
concerned, we would like to draw your attention, first, to the fact that
access to documents held by the Court of Justice in the exercise of its
administrative functions is subject to the Decision of 26 November 2019 of
the Court, which you can find together with all the relevant information
on the internet (https://curia.europa.eu/jcms/jcms/P_1848...). Note
in this regard, that the Court of Justice of the European Union does not
fall under the institutions covered by Regulation (EC) No 1049/2001 when
it exercises judicial functions.
Second, as regards access to documents held by the Cour in the exercise of
its judicial function, we need to point out that it is the practice of the
Court to treat procedural documents as confidential and not to allow
access to procedural documents in pending or closed cases to persons who
are not a party to the case.
Although the Statute of the Court of Justice provides that the hearings
are to be public, it restricts those entitled to receive communication of
procedural documents to the parties and to the institutions whose
decisions are in dispute. Similarly, the Rules of Procedure provide for
procedural documents to be served only on the parties to the proceedings.
Therefore, neither the Statute of the Court of Justice nor the Rules of
Procedure provide for any third-party right of access to documents
submitted to the Court in court proceedings.
They may only become accessible after 30 years, provided the conditions
laid down in the rules on the Historical Archives of the European Union
are met, and without prejudice to an individual assessment of each
request. For further information, please refer to our website:
Under these circumstances, the Registrar regrets to inform you that the
Court is unable to accede to your request.
The Registry of the Court of Justice
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