EP Study: The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures

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Dear European Parliament,

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:

Background:
There is a public hearing:
http://www.polcms.europarl.europa.eu/cms...
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PUBLIC HEARING
Taking Citizens' concerns seriously: broadening the scope of the EU Charter on Fundamental Rights (Article 51)?
23 February 2016 - Room ASP A3G-2 - 9:00-12:30
9:00-9:05: Introductory words by PETI Chair Ms. Cecilia Wikström
9:05-9:20: Presentation of the research study commissioned by Policy Department C on
"The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures" by Professor Eleanor Spaventa, Chair in European Law, School of Law, Durham University, UK and author of the study
FIRST PANEL: Protection of fundamental rights under the CFR and its article 51 - the viewpoint of academics and Member States
Moderator: Pál Csáky, MEP, Vice-Chair, Committee on Petitions
9:20-9:30: Professor Elise Muir, Associate Professor of EU law, Maastricht University
A reflection on the edges of the Charter of Fundamental Rights?
9:30 - 9:40: Dr. Austin Bencini, Head of Department of Public Law, University of Malta
(exact title tbc)
9:40 - 9:50: András Jakab, Director of Institute for Legal Studies at the Hungarian Academy of Sciences in Budapest; Schumpeter Fellow, Max Planck Institute for Comparative Public law and International Law, Heidelberg, Germany
The application of the EU Charter of Fundamental Rights in purely domestic cases
9:50-10:00: Professor Jean Paul Jacqué, Professor at University of Strasbourg and College of Europe
The scope of the Charter of Fundamental Rights
10:00-10:25: Questions and answers
SECOND PANEL: Protection of fundamental rights - the judicial viewpoint at EU and Member-State level
Moderator: Professor Notis Marias, MEP, Committee on Petitions
10:25 - 10:40: Professor Eleanor Sharpston, Advocate General, Court of Justice of the EU
Widening the scope of the Charter: For and Against
10:40 - 10:55: Justice Jiří Zemánek, Czech Constitutional Court (Ústavni Soud)
The role of the European jurisprudence in consideration of national fundamental rights cases
10:55-11:05: Questions and answers
THIRD PANEL: Protection of fundamental rights under the CFR and its article 51 from an institutional scope
Moderator: Beatriz Becerra Basterrechea, MEP, Committee on Petitions
11:05-11:20: Ms. Georgia Georgiadou, European Commission, DG Justice, Directorate C.1 Protection of fundamental rights under the Charter of Fundamental rights and its article 51 – The European Commission perspective
11:20-11:35: Ms. Barbara Spinelli, MEP, LIBE Committee, European Parliament
11:35- 11:50: Mr. Graham Smith, Member of the European Ombudsman's cabinet, Senior adviser
The European Ombudsman's role in protecting the fundamental rights of EU citizens and residents
11:50-12:05: Dr. Gabriel Toggenburg, Senior Legal Advisor, European Union Agency for Fundamental Rights (FRA)
Article 51: scope for hope or too tight a right? Accessing justice despite the Charter's limitations
12:05 - 12:25: Debate
12:25-12:30: Concluding remarks by PETI Chair Ms Cecilia Wikström
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But up to now the referred study is not publicly available, I request:

(1) All documents, correspondence, related to:
1.1 the reason to contract the below study
1.2 the budgetline of the study, decision to contract
1.3 the tender documents of this study
1.4 the evaluation of the tender
1.5 the delivery date

(2) coordinator and schedule
2.1 the name of the coordinator
2.2 the reasons why this study was made in the UK
2.3 as no-one is able to prepare with the study for the public hearing tommorrow, the promised and agreed delivery.

DIRECTORATE GENERAL FOR INTERNAL POLICIES
POLICY DEPARTMENT C: CITIZENS' RIGHTS AND
CONSTITUTIONAL AFFFAIRS

Research Study Commissioned by Policy Department C on
"The interpretation of Article 51 of the EU Charter of Fundamental Rights: the dilemma of stricter or broader application of the Charter to national measures" by Professor Eleanor Spaventa, Chair in European Law, School of Law, Durham University, UK
STUDY

Yours faithfully,

Vinzenz Zinser

Registre, Europäisches Parlament

OUR REF: A(2016)2403

 

Dear Mr Zinser,

 

Thank you for your message. Parliament will handle your request within 15
working days.

 

Your sincerely,

 

 

TRANSPARENCY – ACCESS TO DOCUMENTS

EPRS | European Parliamentary Research Service

Directorate for the Library  

[1][email address]

 

References

Visible links
1. mailto:[email address]

Dear Registre,

thank you very much.

As 3.1 I also request:
all documents and guidance/requirements given to the author to prepare the study.

Kindly confirm that this additional point will be added.

If this is not possible I will make another request.

Yours sincerely,

Vinzenz Zinser

Registre, Europäisches Parlament

Our ref.: A(2016)2403

Dear Mr Zinser,

Thank you for the supplementary message. Parliament will treat it together with the request in reference.

Your sincerely,

TRANSPARENCY – ACCESS TO DOCUMENTS
EPRS | European Parliamentary Research Service
Directorate for the Library

Zitate anzeigen

Registre, Europäisches Parlament

1 Attachment

Our ref.: A(2016)2403

 

Dear Mr Zinser,

 

following your request for public access to documents on the procedure
that led to the publication of the study “The interpretation of Article 51
of the EU Charter of Fundamental Rights: the dilemma of stricter or
broader application of the Charter to national measures” (EP document PE
556.930) you will find the documents in a zipped file attached to this
mail.

 

Please find some explanations on these documents following your questions
below:

 

(1) All documents, correspondence, related to:

 

1.1 the reason to contract the study, decision to contract:

Request by the Committee on Petitions of 12 November 2015 (see document
01)

 

1.2 the budgetline of the study:

Line 06-0-3200-01-20 (Acquisition of expertise).

 

1.3 the tender documents of this study:

See documents 02 to 06.

 

1.4 the evaluation of the tender: 

There is no evaluation for this type of contracts. According to Article
137 (2) of the Rules of Application for the Financial Regulation
applicable to the budget of the European Union “contracts with a very low
value not exceeding EUR 15 000 may be awarded on the basis of a single
tender following a negotiated procedure without prior publication of a
contract notice.”

 

1.5 the delivery date:
The date initially indicated by the European Parliament was 1 February
2016, which was modified to 22 February 2016.

    

(2) coordinator and schedule:

 

2.1 the name of the coordinator:

You will find the name of the coordinator(s) in the study on page 4 (see
document 07).

 

2.2 the reasons why this study was made in the UK: 

The contractor (you may find her profile on Durham University’s website:
https://www.dur.ac.uk/law/staff/?id=4411) was chosen on the basis of her
expertise on the matter of the specific study (fundamental rights and EU
citizenship). The EP does not discriminate on the basis of nationality of
the expert or of the place of work.

 

2.3 as no-one is able to prepare with the study for the public hearing
23/2, the promised and agreed delivery:

The study was due by the expert on the 22 February 2016 and once received,
it was circulated by email to PETI MEPs the same day. It was published
online on the 23 February 2016 and may be found under the following link:
http://www.europarl.europa.eu/thinktank/....

 

3.1 all documents and guidance/requirements given to the author to prepare
the study:

All documents that were provided to the author are part of the documents
referred to under point 1.3 of your request, i.e. documents 02-06.

 

Furthermore you will find the meeting minutes on the PETI Committee’s
pages: http://www.europarl.europa.eu/committees....

You may also find the video of the meeting and the author’s presentation
of her paper on Parliament’s website:
http://www.europarl.europa.eu/ep-live/en...

 

For reasons of data protection some information have been anonymised in
the attached documents.

 

Regards

 

TRANSPARENCY – ACCESS TO DOCUMENTS

EPRS | European Parliamentary Research Service Directorate for the Library