Legal advice on disembarkation platforms and centres
Dear Legal Service,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting access to:
- all documents generated or received by the European Commission containing legal advice and/or an analysis of the legality of the so-called disembarkation centres, disembarkation platforms, and/or regional disembarkation arrangements as presented at the Informal Working Meeting of 24 June 2018. I am interested in documents drawn up both before and since the meeting was held, to date.
Please note that among the documents I am interested in and that would fall under the scope of my request are those containing the legal analysis and/or legal advice in which the three scenarios on disembarkation (presented by the European Commission here: https://t.co/lhXd7G41AV ) are based.
Please do not hesitate to contact me if you need any clarification in regards to any aspect of my request.
Thank you in advance.
Yours faithfully,
Luisa Izuzquiza
Dear Ms Izuzquiza
Thank you for your request for access to documents.
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:
http://ec.europa.eu/transparency/regdoc/...
Thank you in advance.
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]
Dear Legal Service,
Thank you for your e-mail. Here's my postal address:
Luisa Izuzquiza
Open Knowledge Foundation Deutschland e.V.
Singerstr. 109
10179 Berlin
Germany
Best regards,
Luisa
Dear Ms Izuzquiza,
Thank you for your reply. Your request has now been registered under reference Gestdem 2018/3567. The deadline for the treatment of your request expires on 24/07/2018. You will be informed in due course if this deadline needs to be extended.
Kind regards,
Access to Documents team
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[email address]
Link: [1]File-List
Link: [2]Edit-Time-Data
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[5]Ares(2018)3557536 - RE: Your request for access to documents under
reference Gestdem 2018/3567
Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Madam,
Please note that your request has been split between two responsible
services:
- GestDem reference 2018/3567 - Legal Service
- GestDem reference 2018/3583 - Directorate-General for
Migration and Home Affairs
You will receive separate replies from each service.
Yours faithfully,
ACCESS TO DOCUMENTS TEAM (GD)
[6]cid:image001.png@01D3BD42.20769590
European Commission
Secretariat-General
SG B.4 – Transparency
[7][email address]
Dear Legal Service,
Thank you for your message. Please note that I had already filed this same request to DG HOME on 3 July 2018. DG HOME registered my request today, 4 July, under reference number GestDem 2018/3569 (see correspondance here: https://www.asktheeu.org/en/request/lega... )
Therefore, I believe there's no need to open a new procedure (Gestdem 2018/3583) by DG HOME.
I will also send this information to DG HOME so that they are also aware of the duplication.
Best regards,
Luisa Izuzquiza
Dear Ms Izuzquiza,
Thank you, Gestdem reference 2018/3583 has been closed.
The Legal Service will handle reference number 2018/3567 whereas
Directorate-General for Migration and Home Affairs will handle reference
2018/3569.
With kind regards,
ACCESS TO DOCUMENTS TEAM (GD)
[1]cid:image001.png@01D3BD42.20769590
European Commission
Secretariat-General
SG B.4 – Transparency
[2][email address]
Dear Ms Izuzquiza,
We refer to your request for access to documents under Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.05.2001, page 43).
Your request is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expired yesterday.
An extended time limit is needed as your request concerns documents of
which the Commission is not the author. According to Article 4(4) of
Regulation (EC) No 1049/2001, the Commission has to consult the third
parties from which the documents originate. This consultation procedure
adds an additional administrative step to the handling of your access
request.
Moreover, following the judgment of the Court in Case C-213/15P, Breyer,
the Commission has received a large number of access requests concerning a
very large total number of documents.
Therefore, it will not be possible to provide you with the reply within
the time limit set by Article 7(2) of Regulation (EC) No 1049/2001
regarding public access to documents. A reply will be provided to you as
soon as possible.
We apologise for this delay and for any inconvenience this may cause.
Kind regards,
European Commission
Legal Service
Access to Documents Team
B-1049 Brussels/Belgium
Dear Ms Izuzquiza,
We refer to your request for access to documents under Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.05.2001, page 43).
The deadline for your request expires today. However, we are not yet in
position to send you the reply of the Legal Service. In view of the summer
holidays and the limited human resources at this time of the year, in
combination with the number of the pending requests for access to
documents the Legal Service is dealing with, we will need to extend the
time limit by 15 working days in accordance with Article 7(3) of
Regulation (EC) No 1049/2001. The new time limit expires on 14/08/2018.
Please note that we will do our utmost to reply by the end of this week.
We apologise for this delay and for any inconvenience this may cause.
Kind regards,
Access to Documents team
[1]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[2][email address]
References
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2. mailto:[email address]
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[5]Ares(2018)4229152 - Your request for access to documents - ref. Gestdem
2018/3569
Sent by ve_home.access.to.documents (HOME)
<[email address]>. All responses have to be sent to
this email address.
Envoyé par ve_home.access.to.documents (HOME)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.
Dear Ms Izuzquiza,
We deeply regret that we have not been able to formalise our reply to your
request for access to documents yet.
We are finalising it in consultation with other services, and we hope to
provide it very soon. In the meantime, we would ask for your
understanding.
Yours sincerely,
European Commission
DG Migration and Home Affairs
Access to Documents' team
LX-46 0/138
B-1049 Brussels
References
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5. https://webgate.ec.testa.eu/Ares/ext/doc...
Link: [1]File-List
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[5]Ares(2018)4266968 - Your request for access to documents - Gestdem
2018/3567
Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Ms Izuzquiza,
We refer to your above-referenced request for access to documents under
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.05.2001, page
43).
Please be informed that your application is currently being handled by the
Legal Service.
Unfortunately, we have not been in a position to finalise the handling of
your request within the time limit of 15 working days, which expired on
14.8. This is due to the high number, and sometimes complex nature, of the
requests attributed to our service combined with a reduced number of staff
available to handle these requests during the summer holiday period.
An extended time-limit is therefore needed but please be assured that we
will do our outmost to send you the reply within the shortest time
possible.
We apologise for this delay and for any inconvenience this may cause.
Yours sincerely,
Françoise COULON
European Commission
Legal Service - Access to documents
BERL 1/182
B-1049 Brussels/Belgium
Tel : +32 2 296 59 99
Fax : +32 2 298 56 60
[6][email address]
[7]http://ec.europa.eu/dgs/legal_service/
References
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5. https://webgate.ec.testa.eu/Ares/ext/doc...
6. mailto:[email address]
7. http://ec.europa.eu/dgs/legal_service/
Dear Legal Service,
Please note that the deadline extension applied on 16 August is now long overdue. Please also note that more than two months have now past since I filed my initial request on 3 July 2018; this exceeds by far the time limit that Regulation 1049/2001 grants institutions to respond to access to documents requests.
Could the Legal Service please indicate if it will be able to respond to my request shortly?
Yours faithfully,
Luisa Izuzquiza
Dear Mrs Izuzquiza,
We are aware of the delay and apologize for any inconvenience caused.
Please note that the reply has already been submitted to the signature of the competent persons and it will be sent to you in the course of this week.
Yours faithfully,
___________________________
EUROPEAN COMMISSION
LEGAL SERVICE
Information and documentation team
Email: [SJ request email]
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Ares(2018)4864453 - Request for access to document registered under
reference GestDem 2018/3567
Sent by ve_sj.acces docs (SJ) <[SJ request email]>. All responses
have to be sent to this email address.
Envoyé par ve_sj.acces docs (SJ) <[SJ request email]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.
Dear Ms Izuzquiza,
Please find attached the reply of the Legal Service to your
above-referenced request for access to documents.
A paper copy of the cover letter will be sent to you by registered mail
shortly. Please note that the requested document is transmitted via email
only.
We thank you for your patience and apologize for this delay and for the
inconvenience it may have caused.
Yours sincerely,
Access to Documents team
[6]cid:image001.gif@01D1747B.A20B1610
European Commission
Legal Service
Berlaymont
B-1049 Brussels/Belgium
[7][email address]
References
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1. file:///tmp/cid:filelist.xml@01D451C5.0E69AA00
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...
7. mailto:[email address]