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Convention for the Protection of Human Rights and Fundamental Freedoms

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Cher Direction générale de la justice,

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:

The Council of Europe` Protocol No 14, which entered into force on 1 June 2010, amends Article 59 of the Convention for the Protection of Human Rights and Fundamental Freedoms in order that the EU may accede to it.

Currently is not possible that the acts of the EU are subject, like those of the other High Contracting Parties, to the review exercised by the European Court for Human Rights in Strasbourg (ECHR) in the light of the rights guaranteed under the Convention.
This will be possible only after access of Union to the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols No. 11 and No. 14 / 2010.

I request access to the negotiation documents and correspondence between European Commission and European Court for Human Rights in Strasbourg (ECHR) related to access of Union to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The documents I would like to access might take form of emails, letters, minutes, notes. Any of such documents will be useful. If the amount of documents is large, I accept to narrow my request
only to the documents concluded & issued after the date of amending article 59 of the Convention.
Partial access is accepted (do not seek info under 45/2001 Reg.)

Je vous prie de croire, Monsieur/Madame, à l'assurance de mes salutations distinguées,

Eamon Dillon

Justice and Consumers

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Dear Mr. Dillon,
Thank you for your request for access to documents sent on 14/04/2014 to
DG JUST (see below).
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/....
 
Best regards,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]
 
 

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Justice and Consumers

Dear Mr Dillon,
 
Thank you for your email dated 14/04/2014. Your application has been
transferred to the Legal Service.
 
In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
response to your request within 15 working days. In case this time limit
needs to be extended, you will be informed in due course.
 
JUST ACCESS TO DOCUMENTS TEAM
 
 

Justice and Consumers

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Dear Mr.Dillon,
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:
[1]http://ec.europa.eu/transparency/regdoc/...
 
Best regards,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]
 

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Dear Justice (JUST),

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

I am writing to request an internal review of Justice (JUST)'s handling of my FOI request 'Convention for the Protection of Human Rights and Fundamental Freedoms'.

I am requested to provide my domicile. I live in EU and please usethis address for the replies:

Access Info Europe
Cava de San Miguel 8, 4º centro
28005 Madrid
Spain

Kindly please see this
http://www.access-info.org/en/european-u...
and pls use when treat my confirmatory review . Thanks a lot.

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

Yours faithfully,

Eamon Dillon

Justice and Consumers

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Dear Sir,

Thank you for your email dated 12/06/2014.

We hereby acknowledge receipt of your application for access to documents, which was registered on 12/06/2014 under reference number GestDem 2014/2779.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.

The time limit will expire on 03/07/2014. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence.
Berl. 05/329.

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Justice and Consumers

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Dear Mr Dillon,

Further to your initial application for access to documents registered under reference Gestdem 2014/2279, we regret to inform you that your application cannot be handled pending the submission of a valid, real and personal (and not a generic) postal address.

Indeed, on 1 April 2014, the submission of a 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 real and personal 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 urge you to please provide a real and valid postal address, so that the responsible Commission service can duly deal with your 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 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 to the Secretariat-General of 12 June 2014 cannot be considered a confirmatory application in the meaning of Article 7(2) of Regulation 1049/2001.

Thank you in advance.

Kind regards,

Carlos Remis
SG.B.4.
Transparence.
Berl. 05/329.

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We don't know whether the most recent response to this request contains information or not – if you are Eamon Dillon please sign in and let everyone know.