OLAF investigation following European Parliament request dated 27.04.2012

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Von: Mike Stabenow

Dear European Parliament, Mr Schulz

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:

- All documents and information related to the outcome of OLAF investigation made at awareness of European Parliament via a letter dated 27.04.2012, accessible from here
http://www.asktheeu.org/en/request/452/r...

- I request access to the documents submitted by OLAF to European Parliament, following finalization of Investigation.
- I request information on which that EU Agency is.

Yours faithfully,

Mike Stabenow

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Von: Registre
Europäisches Parlament


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Dear Sir

We acknowledge receipt of your request.

You will receive a reply within 15 working days

Best regards

 
 

Transparency - Public Access to documents Unit
 

  Directorate C - DG Presidency
European Parliament
[1]Public Register webpage

 

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Von: Registre
Europäisches Parlament

Dear Mr Stabenow,

Following your request, we inform you that to date, the European
Parliament has not received any communication from the OLAF related to
the outcome of its investigations.

Concerning any other information released on the subject, please
consult:

http://www.asktheeu.org/request/hearing_...

Best regards

Transparency - Public Access to documents Unit

Directorate C - DG Presidency
European Parliament

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Von: Mike Stabenow

Dear European Parliament, Mr Schulz,

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

I am writing to request an internal review of European Parliament's handling of my FOI request 'OLAF investigation following European Parliament request dated 27.04.2012'.

Arguments for review:

1. The date of EP letter to Mr Kessler is 27.04.2012. I request a follow up on that request of European Parliament to OLAF, namely: did OLAF finalize that investigation or is still on it; did the lack of reply from OLAF counted for EP Budgetary Discharge for that EU Agency? How about Council`s opinion due in the frame of the respective Budgetary discharge?

2. Which is the name of the EU agency referred in the letter of European Parliament to OLAF?

3. Who from European Commission (i.e. EU commissioner, EC department, delegates of EC in Governing Board of EU Agency, etc) is in charge with the scrutiny of the activity of that EU agency?

4. Is this a standard practice that OLAF did not reply to European Parliament`s requests or is there a legal justification for that lack of reply?

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

Yours faithfully,

Mike Stabenow

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Von: Registre
Europäisches Parlament

We acknowledge receipt of your request. You will receive a reply within
15 working days

Transparency - Public Access to documents Unit
Directorate C - DG Presidency
European Parliament

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Von: Registre
Europäisches Parlament

Dear Mr Stabenow,

This is to inform you that the reply to your questions, as they do not
concern documents, will be provided by the competent service in the
European Parliament, the secretariat of the Committee on Budgetary
Control

Best regards,

Transparency - Public Access to documents Unit
Directorate C - DG Presidency
European Parliament

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Von: THEURER Michael
Europäisches Parlament

Dear Mr Stabenow,

 

You requested on 2 July 2013 for a follow-up of the letter of 27 April
2012 sent by the Chairman of European Parliaments Budgetary Control
Committee to OLAF.Director General.

 

I inform you that OLAF Director General replied on 9 July 2013 informing
that the investigation was closed without recommendation.

 

In principle, ongoing OLAF investigations may be taken under advisement in
the discharge procedure; however, before an OLAF investigation is
concluded, any allegations should have no bearing on a Parliament's
decision on discharge. 

 

In this particular case the Council welcomed that the Court of Auditors'
report in relation to the financial year 2011 of the agency did not call
for any comment.

Accordingly, the Council recommended the European Parliament to give
discharge.

 

Concerning your request to communicate the name of the agency, it was the
European Union Agency for Fundamental Rights (FRA).

 

As for the persons and entities in charge of the FRA in the European
Commission, those are Vice-president and commissioner responsible for
justice, fundamental rights and citizenship Ms Viviane Reding, and
Directorate-General for Justice. The Commission is represented in the
Agency's Management Board by Mr Paul Nemitz (Director - Fundamental Rights
and Citizenship) and Ms Salla Saastamoinen (Head of Unit - Fundamental
rights and rights of the child).

 

In conclusion, I confirm you that OLAF does reply to the requests from the
European Parliament 

 

Yours sincerely,

  

 

[1]http://www.europarl.ep.ec/
Michael Theurer, MEP  
Vorsitzender des Haushaltskontrollausschusses
Stv. Vorsitzender der FDP-Delegation im Europäischen Parlament 
ASP 09G 302
60, Rue Wiertz
B-1047 Brussels
Tel. +32 228 45572
Fax +32 228 49572
[2][email address]
[3]www.michaeltheurer.eu
[4]https://twitter.com/EUTheurer[5]https://...
[6]http://www.fdp-in-europa.de/  [7]http://...

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Von: Mike Stabenow

Dear Mr Theurer,

Thank you very much indeed for your reply which clarifies the situation.

I do not have further questions. Just want to raise your attention to the following.

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.

The case opened following your letter of 27.04.2012 is not on the list. Why OLAF did not revealed it, together with the other four? I will ask OLAF directly.

As to the absence of critical remarks from Court of Auditors Reports on FRA activity, I also noticed this absence and we made a research asking reports of COA for several EU agencies. Some replies are published in this website. Surprisingly indeed,FRA is the only agency with any remark from COA. This absence should mean that the activity at FRA is smooth and lean. However I saw in this website striking evidences that the reality is different and that at FRA exist questionable problems, notably in public procurement procedures.

Who can scrutinize these problems if OLAF replies to an EP letter of April 2012 after more than one year, i.e. in July 2013, informing EP that the case was closed with no recommendations.

Thank you again for your reply.

Yours sincerely,

Mike Stabenow

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Von: Mike Stabenow

Dear Mr Theurer,

In OLAF letter dated 31.07.2013, available under this link http://www.asktheeu.org/en/request/622/r... it is mentioned at page 2 point 2.2 par. a) that OLAF investigation on that case is concluded. From the first page of OLAF letter it is clear that OLAF refers to an investigation opened and concluded following the letter from European Parliament dated 27.04.2012 available here http://www.asktheeu.org/en/request/452/r... .

There is a typo error in page 1 of OLAF letter, in respect of the date (it is mentioned 27.04.2013 instead of 27.04.2012) but from the context it is clear that OLAF refers to letter from European Parliament / Committee on Budgetary Control available under the link specified above (they say that EP letter was registered in May 2012...it is not possible to register a letter of 2013 in 2012. So there is an evident typo error).

The OLAF letter say that “the Final Report has been adopted and was forwarded to the competent national authorities of the Member State concerned and EU body concerned”.
OLAF also says that “the matter is now under judicial investigation…”

In your reply of 30.07.2013 available here (http://www.asktheeu.org/en/request/olaf_... ) it is written that OLAF replied to you on 9 July 2013 stating that the investigation was closed with no recommendation.

There is a clear contradiction between the two replies (i.e. from you and from OLAF).

In accordance to Regulation 1049, I request access to OLAF letter submitted to you on 9 July 2013 (integral text).

If not possible, I request a confirmation if OLAF case OF/2012/0391 mentioned at page 2 point 2.2 par. a) of this link http://www.asktheeu.org/en/request/622/r... refers to FRA.
Thank you in advance.

Yours sincerely,

Mike Stabenow

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Von: Registre
Europäisches Parlament


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Dear Mr Stabenow,

Following your request adressed to Mr Theurer concerning OLAF letter of
9 July 2013, please find attached the document in question.

Best regards,

Transparency - Public Access to documents Unit
Directorate C - DG Presidency
European Parliament

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Von: Mike Stabenow

Dear Mr THEURER,

I would like to ask access to a piece of information, i.e. whether in your letter submitted to OLAF, dated 27/04/2012 available here http://www.asktheeu.org/en/request/452/r... there were mentioned alleged irregularities related to Danish Institute for Human Rights.
OLAF replied to your letter of 27/04/2012 only after one year and a couple of months, i.e. in 9/07/2013 http://www.asktheeu.org/en/request/604/r... saying that the investigation was closed with no recommendation.
Would be possible to specify the case number and the closure date of the OLAF investigation

Yours sincerely,

Mike Stabenow

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Von: Mike Stabenow

Dear Mr THEURER ,

I am writing to follow up my request of August 28, 2013. I received a letter from OLAF dated 11 - 10 -2013 which contains information about some ongoing procedures/ selections. See p.3.3.2(2). http://www.asktheeu.org/en/request/lack_...
I would appreciate if you could grant me access to the information I requested on 28 August 2013 (see here http://www.asktheeu.org/en/request/olaf_...).
Thank you very much.

Yours sincerely,

Mike Stabenow

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