Decision on PETITIONS: 0435/2012 and 1229/2013
The request was partially successful.
From: Klaus Zinser
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:
(1) all statements decisions on the PETITION: 0435/2012
(2) all decisions on the PETITION 1229/2013
(3) all other petitions regarding the violation of European Union law EC2201/2003 through a EU member state (as I don't know if there are or were more petitions)
Both cases (1+2) were about the Violation of European Union law, the non enforcement of paternal contact orders (Fathers) who wanted to see their children. On of the petitions was from a French father on a violation through Germany and the second a violation from a German father through UK.
To be clear, the original petition, all position statements from the EU commission and the rejection letter from the PETI chair should be given.
Further we should be clear, I don't see the PETI Chair, the MEPs and the EU Commission as qualified in denying that there was a violation.
Maybe this helps:
It was clearly indicated on 11 Nov 2015 from an MEP and the MEP PETI chair that the commission should write a letter to UK to start infringement proceedings. That "..the commission has to deliver. Full stop"
OUR REF A(2016)4625
Dear Mr Zinser,
We acknowledge receipt of your request. You will receive a reply within 15 working days.
TRANSPARENCY – ACCESS TO DOCUMENTS EPRS | European Parliamentary Research Service
Directorate for the Library
Dear Mr Zinser
In reply to your recent three requests for access to documents on the
basis of Regulation (CE) no 1049/2001 regarding public access to European
Parliament, Council and Commission documents and in particular:
A 4625 2016
1) all statements of decisions on petition 0435/2012 + original
2) all decisions on petition 1229/2013 + original petition
3) petitions on infringement of Regulation (EC) No 2201/2003
4) letter on UK infringement as follow-up of the meeting of the
Committee on Petitions held on 11.11.2015
A 4626 2016
all hearing documents in all EU languages since 2009
A 4631 2016
on public release of your email to two MEPs of the Committee on Petitions
requesting support on your Petition 1229/2013 with their reply
and on whether the issue of violation of Regulation (EC) No 2201/2003 has
been discussed with the UK Court Authorities during the visit of the
Committee on Petitions in the UK
please find enclosed:
- Original text of petition 0435/2012 anonymised
- Minutes of PETI Committee of 05.05.2015
- Notice to Members
- Original text of petition 1229/2013 anonymised
- Letter of 16.12.2015 on petition's conclusion
- Notice to Members
Minutes of PETI meeting of 19-20.03.2014
Minutes of PETI meeting of 11.11.2014
Minutes of PETI meeting of 03.12.2015
Those documents can also be found if launching a research in Parliament's
Public Register, using as keyword "petition 1229/2013"
Document search page Internet ExplorerDocument search page Internet
Likewise, by launching a research with the keyword "EC 2201/2003" the
Notices to Members of petitions 1414/2010 and 0963/2012 come out, together
with a few written questions + answers.
Regarding the drafting of a letter on alleged infringement against the UK,
the Secretariat of the Committee on Petitions informed us that during the
committee meeting of 03.12.2015 the Commission's representative explained
that the Commission did not find any infringement of EU law in the UK's
actions with regard to your case and therefore no letter was sent.
The EU Open Data Portal is not owned by Parliament. Instead, since
November 2014 Parliament has its own Petitions Portal
https://petiport.secure.europarl.europa.... , which
enables citizens to lodge petitions electronically and also to lend their
support to petitions.
A general description of the petitions process can be found on the
The portal contains petition summaries from 2013 and 2014 (in all EU
languages). Those petitions which are still open, can be supported.
More summaries will be uploaded gradually. For the time being, no other
documents are made available through the portal.
However, for closed petitions the Public Register can be searched as
As you know, all meeting documents of the Committee on Petitions are
public, unless a petitioner asks for fully confidential treatment of his
file. These meeting documents are available on the following dedicated
webpages (summary of the petition - in all languages of the committee -
and the replies by the Commission and/or other authorities:
We invite you to try the various options for research and if you still
have questions please come back to us for further clarification.
Regarding emails sent to MEPs we would like to inform you that documents
received or drawn up by Parliament are registered for the purposes of
access to documents as far as they refer to Parliament's governing bodies,
committees or interparliamentary delegations or Parliament's Secretariat
(Article 116 of the Parliament's Rules of Procedure).
Therefore, documents drawn up by individual Members or political groups
are Parliament documents only if they are tabled under the Rules of
Any other correspondence is neither registered nor archived in the
relevant database as it is not classified as 'EP documents'.
Similarly, the Committee on Petitions does not have access to emails sent
to its individual Members nor does it store messages, apart from those
addressed to the Chair or the Secretariat of the Committee.
Therefore, we are very sorry to inform you that it is not possible for us
to supply any evidence for any exchange between you and the two MEPs.
Regarding the fact-finding visit of PETI MEPs to the UK, we can inform you
that it focused only on the issue of adoption without consent. The issue
of paternal contact orders was not raised. Individual cases were not
discussed unless referred to only as examples of certain situations. A
full report on this visit will soon be available on the PETI Committee's
We hope that this information is useful to you. If you need further
clarification please do not hesitate to contact us.
LOGO_EP TRANSPARENCY UNIT
Directorate-General for Parliamentary Research Services
Directorate for the Library
15. mailto:[email address]
From: Klaus Zinser
question (1) and (2) have been answered.
But i don't see and answer to question (3) all other petitions regarding the violation of European Union law EC2201/2003 through a EU member state (as I don't know if there are or were more petitions)
(A) Kindly confirm that PETITION 0435/2012 (Germany, Jugendamt) is still open whilst my petition 1229/2013 has been closed ?
(B) Have there been other petitions on indication in the violation of 2201/203EC ? I do not have the detailed data like the original text of the petitions. Neither i still don't have the full skills to recognize all types in violation of 2201/2003EC. I am writing 'indication in Violation of 2201/2003EC' as I have received an answer from the EU commission:
It my be noted, not even the EU Commission is capable on this as it was written:
"Dear Mr Zinser,
Many thanks for your email and your submission in the Lighten the load – have your say.
Concerning your suggestions, please note that the European Commission does not decide on infringements of EU law. This is the competence of the Court of Justice of the European Union (CJEU). We would also like to clarify that while the judgments of the CJEU are legally binding, this is not the case with Commission's views expressed in the infringement procedure. Indeed, the legal position of the Commission and that of the Court are not necessarily the same. In all cases the Court has the last and binding word.
Please further note that in accordance and under the conditions as set out in Article 263 of the Treaty on the Functioning of the European Union (TFEU), any natural or legal person (not only EU citizens) may initiate proceedings against any act of EU institutions.
I have received this email on 21 April 2016