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Disenfranchised Persons

We're waiting for domenic be to read recent responses and update the status.

Dear European Commission,

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: new initiatives and legislative control (political proposals, grants, funds, research projects, etc) which deal with the subject of, disenfranchised persons. The titles of any such document would suffice.

For your information, the European Council identified you*. I enclose last two messages and originating FOI query.
*if I improperly direct my FOI query (there are over 40 different offices listed under, 'European Commission', all of which are competent to receive 'asktheeu' FOI queries), perhaps you would kindly identify the correct office.

F.Y.I. The 'Vocabulary-on-line-dictionary' gives this definition of the word disenfrancised: .....deprived the rights of citizenship especially the right to vote. The adjective 'disenfranchised' describes a person or group of people who are stripped of their power. Rights are violated and they have little power to change life for the better....'

Yours faithfully,
domenic be

_______________________

February 08, 2018

Dear Mr Be,
Thank you for your message to our colleagues of "access to documents" of the General Secretariat of the Council of the EU.
We would like to inform you that all new initiatives and legislative control (political proposals, grants, funds, research projects etc) fall under the competence of the European Commission. We send you in the link below, the contact address to facilitate your research: https://ec.europa.eu/info/about-european... (https://ec.europa.eu/info/about-european...)

Yours sincerely,
The Public Information Service
General Secretariat of the Council of the European Union
Tel: +32 (0) 2 281 56 50
Fax: +32 (0) 2 281 49 77
E-mail: www.consilium.europa.eu/infopublic (http://www.consilium.europa.eu/infopublic)

_______________________

February 07, 2018

Dear European Council,
Subject: European Council policy on Disenfranchised Persons.
Many thanks for your message. As a follow up question: with respect, how does one alarm the EC of its failure to hold any such policy?

Yours faithfully,
domenic be

______________________

ORIGINATING FOI query

December 08, 2017

Dear European Council,
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: Council policy on disenfranchised persons. The titles of any such documents would be most kind....

Generalsekretariat der Europäischen Kommission

1 Attachment

Dear Sir,

Thank you for your request.

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

You may, of course, use directly the electronic form for entering your
request:

[1]http://ec.europa.eu/transparency/regdoc/...

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (GD)

 

European Commission

Secretariat-General

SG B.4 – Transparency

[2][email address]

 

 

 

 

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Dear Secretariat General of the European Commission,

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'Disenfranchised Persons'.

Given that the General Secretariat of the Council of the European Union required no additional personal details and the Commission does, it's my guess such information is subject to discretion. Given the discrepancy, would you do me the courtesy of offering me a response on this occasion.

In any event, it seems there exists no policy document dealing with disenfranchised persons so, how does one alarm the EC of its failure to hold such a policy?

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

Yours faithfully,
domenic be

Generalsekretariat der Europäischen Kommission

2 Attachments

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  • Attachment

    RE access to documents request Disenfranchised Persons.html

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Dear Mr Be,

 

With respect to your questions regarding the provision of a postal address
(copied below), please find our explanations below.

 

On 1 April 2014, the postal address became a mandatory feature for the
purpose of introducing a request for access to documents.

 

The decision to ask for a postal address from applicants for access to
documents was triggered by the following considerations:

 

·         The need to obtain legal certainty as regards the date of
receipt of the reply by the applicant under Regulation 1049/2001. Indeed,
as foreseen by Article 297 of the Treaty on the Functioning of the
European Union (TFEU), […] decisions which specify to whom they are
addressed, shall be notified to those to whom they are addressed and shall
take effect upon such notification. Replies triggering the possibility for
administrative or judicial redress are therefore transmitted via
registered mail with acknowledgement of receipt. This requires an
indication of a valid postal address by the applicant;

 

·         The need to direct the Commission's scarce resources first of
all to those requests which have been filed by "real" applicants. With
only a compulsory indication of an e-mail address, applicants can easily
introduce requests under an invented identity or under the identity of a
third person. Asking for a postal address helps the Commission to protect
the administration, as well as other citizens and legal persons, from
abuse;

 

·         For similar reasons, asking for a compulsory indication of a
postal address enables the Commission services to verify whether Article
6(3) of the Regulation, on voluminous requests, is being evaded by
introducing several requests under different identities. Indeed, in its
Ryanair judgment, the General Court confirmed that Article 6(3) cannot be
evaded by splitting the application into a number of applications. The
Commission would like to point out that, in 2012/2013, it received some 57
confirmatory requests from what it suspects to be one single applicant
operating under 13 different identities;

 

·         Knowing whether the applicant is an EU resident in the sense of
Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of
correctly applying the exception in Article 4(1)(b) of Regulation
1049/2001 (protection of the privacy and integrity of the individual),
which has to be interpreted in accordance with Data Protection Regulation
45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the
level of protection afforded by the third country or international
organisation when transmitting personal data to third-country residents or
legal persons. It follows that, in case of requests for documents which
include personal data, the correct application of the data protection
rules cannot be ensured in the absence of a postal address enabling the
Commission to ascertain that the minimum data protection standards will be
respected.

 

All of these considerations show that the request for and the consequent
processing of a postal address is not only appropriate but also strictly
necessary for the performance of a task carried out in the public interest
within the meaning of Article 5 (a) of Data Protection Regulation 45/2001,
namely providing a smooth and effective access to documents.

 

We therefore kindly reiterate our request to you to provide a full postal
address, so we can duly register and handle your request. Please note
that, once we receive your postal address, we will register your request
for access as an initial application for access to documents in the
meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling
your initial request shall run as from the moment of registration of your
request following the submission of your postal address.

 

Please be also informed that, as your application has not been dealt with
yet at the initial level pending the receipt of your postal address, your
message cannot be considered a confirmatory application in the meaning of
Article 7(2) of Regulation 1049/2001.

 

Thank you in advance.

 

Kind regards,

 

 

ACCESS TO DOCUMENTS TEAM (GD)

 

[1]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[2][email address]

 

 

 

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Dear Secretariat General of the European Commission,

That I identify myself as being from the UK, does this suffice?

Yours faithfully,

domenic be

Generalsekretariat der Europäischen Kommission

1 Attachment

Dear Sir,

 

In order to allow us to handle your request, we need your full postal
address for the reasons described below.

 

Thank you for your understanding.

 

Yours faithfully,

 

 

ACCESS TO DOCUMENTS TEAM

 

[1]cid:image001.png@01D3BD42.20769590

European Commission

Secretariat-General

SG B.4 – Transparency

[2][email address]

 

 

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Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie domenic be sind, bitte melden Sich an und lassen es uns wissen.