Legal advice and/or analysis of the legality on EU-Turkey agreements

Luisa Izuzquiza made this access to documents request to Migration and Home Affairs

The request was partially successful.

From: Luisa Izuzquiza

Delivered

Dear Migration and Home Affairs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting access to:

a) all documents generated or received by the Commission containing the legal advice and/or analysis of the legality under EU and international law of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation, OJ L 134, 7.5.2014

b) all documents generated or received by the Commission containing legal advice and/or analysis of the legality of the actions to be carried out by the EU and its Member States in implementing the actions set out in the statement on the agreement reached with Turkey at the summit held on 7 March 2016 (statement here: http://www.consilium.europa.eu/en/press/.... I am interested in documents drawn up both before and since the meeting was held, to date.

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 sincerely,

Luisa Izuzquiza
Access Info Europe

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From: EC ARES NOREPLY
Migration and Home Affairs

[1]Ares(2016)1346945 - RE: Freedom of Information request - Legal advice
and/or analysis of the legality on EU-Turkey agreements

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Mrs 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:
[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,
European Commission
DG Migration and Home Affairs
Access to Documents Team

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From: EC ARES NOREPLY
Migration and Home Affairs

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[4]Ares(2016)1612358 - your request to access to documents, Ref Gestdem:
2016/1681

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Madam,

 

Thank you for your e-mail dated 5/04/2016. We hereby acknowledge receipt
of your application for access to documents, which was registered on
5/04/2016, under reference number GestDem 2016/1681.

 

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
26/04/2016. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.

 

Yours faithfully,

 

European Commission

DG Migration and Home Affairs

Access to Documents Team

 

 

From: Luisa Izuzquiza [mailto:[email address]]
Sent: Tuesday, April 05, 2016 2:13 PM
To: HOME ACCESS DOCUMENTS
Subject: Postal address for access to documents request via AsktheEU.org

 

Dear Migration and Home Affairs,

 

Hereby I submit my postal address in order for you to be able to process
and handle [5]my access to documents request via the site AsktheEU.org:

 

Luisa Izuzquiza

Access Info Europe

Calle Cava de San Miguel 8, piso 4ºcentro

28005 Madrid - Spain

 

I would nonetheless like to receive the answer to [6]my request, as well
as any other correspondance in regards to my request, via [7]AsktheEU.org
following the original thread of the conversation indicated above.

 

Thank you very much in advance.

 

Yours sincerely,

 

Luisa Izuzquiza

 

--

 

Luisa Izuzquiza

Communications Officer

Access Info Europe | [8]http://www.access-info.org

Twitter: @luisaizuz - @Access_Info

Madrid office: +34 913 656 558

Mobile: +34 609 707 264

References

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5. my access to documents request via the site AsktheEU.org
http://www.asktheeu.org/en/request/legal...
6. my request
http://www.asktheeu.org/en/request/legal...
7. http://asktheeu.org/
8. http://www.access-info.org
http://www.access-info.org/

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Dear Ms Izuzquiza,

 

We refer to your application for access to documents, which was registered
on 5/04/2016, under reference number GestDem 2016/1681.

 

Your application is currently being handled. We are identifying and
assessing the documents concerned by your request.  

 

However, in view of the number and nature of the applications for access
to documents the Legal Service is dealing with currently, we will not be
in a position to complete the processing of your requests within the time
limit of 15 working days, which expires on 26/04/2016.

                                                                                                                                    

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 23/05/2016, but
we will do our utmost to send you replies before that date.

 

We apologise for this delay and for any inconvenience this may cause.

 

Yours sincerely,

 

Elena ADSERÀ RIBERA

Member of the Legal Service 

 

[1]cid:image001.png@01CE61E3.A82B8D20

European Commission

Legal Service

 

BERL 4/96

B-1049 Brussels/Belgium

+32 2 296 63 21

[2][email address]

 

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Dear Mrs Izuzquiza,
 
We refer to your application under reference GestDem 2016/1681 (in
relation with the "statement on the agreement reached with Turkey at the
summit held on 18 March 2016"). By e-mail of 25 April 2016 we extended the
deadline to reply to it. Unfortunately, we have not been in a position to
fully complete the handling of it within the extended deadline which
expired yesterday. In this respect, we would like to inform you that the
reply is in the process of being finalized and that we expect to be able
to send it to you in the shortest time possible.
 
As regards your request 2016/2228 (in relation with the "statement on the
agreement reached with Turkey at the summit held on 18 March 2016"), we
will start working immediately after having dealt with your previous
request. Therefore, in accordance with Article 7(3) of Regulation No
1049/2001 regarding public access to documents we have to ask for an
extension of the deadline which expires today. The new time limit expires
on 14 June 2016. This request for an extension is due to the fact of the
large number and nature of the requests the Legal Service is currently
dealing with.
 
We apologise for this additional deadline and for any inconvenience this
may cause.
 
___________________________
 
European Commission
Legal Service
Information and documentation sector

[1][email address]
 
 
 
 
 

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Dear Ms Izuzquiza,
 
You will find enclosed an advanced copy of the Legal Service's reply to
your request for access to documents. The original version of the reply
will be sent to you by certified mail.
 
Yours sincerely,
 
___________________________
European Commission
Legal Service
Information and documentation sector

[1][email address]
 
 
 

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From: Luisa Izuzquiza

Delivered

Dear Secretary-General,

This is a confirmatory application to challenge the refusal to provide full access to documents contained in the request for access to documents made by Luisa Izuzquiza of Access Info Europe (https://www.asktheeu.org/en/request/lega....

1. Facts

1.1 On 17 March 2016, Access Info Europe filed a request to DG HOME in order to be granted access to EU documents on grounds of Regulation No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ("the Regulation"). On behalf of Access Info Europe, Luisa Izuzquiza requested access to the following documents:

a) all documents generated or received by the European Commission containing the legal advice and/or analysis of the legality under EU and international law of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation (OJ L 134, 7.5.2014);

b) all documents generated or received by the European Commission containing legal advice and/or analysis of the legality of the actions to be carried out by the EU and its Member States in implementing the actions set out in the statement on the agreement reached with Turkey at the summit held on 7 March 2016. Access Info Europe is interested in documents drawn up both before and since the meeting was held, to date.

1.2 The request was registered by the European Commission on 5 April, after confirming the postal address of the applicant. On 25 April the deadline for answering was extended. On 24 May it was extended again. A postal response arrived on 16 June 2016. Upon request, it was confirmed that the deadline for filing the confirmatory application was 7 July 2016.

2. First part of the request

2.1 With respect to the first part of the request the Commission stated that the Legal Service signalled its approval of the draft Agreement between the EU and Turkey by marking “positive opinion” on the draft proposals on 8 May 2012.

2.2 It appears from the Commission’s response that none of the documents identified with respect to the Second part of the request make any reference to the 2014 agreement. As part of this confirmatory application, please confirm that this is the case.

2.3 In its requests, Access Info Europe asked for all documents “generated or received by the Commission”. By way of this confirmatory application, we ask you to confirm that the Commission does not hold any other documents that refer to the 2014 Agreement. These might include, for example, documents received from Council or the Parliament, received from inter-governmental organisations such as the UN, including the UN Special Rapporteur on the human rights of migrants, and/or from civil society and humanitarian organisations.

2.4 Access Info Europe’s goal here is to understand whether the Commission held information relating to the competence of the EU and understand compliance with EU and international humanitarian law. We have a specific interest in understanding in depth the decision-making process that led to the EU-Turkey Agreement as published in the Official Journal in 2014, and the decision-making around the subsequent “statement” of March 2016. The legal advice and/or analysis generated or received by the Commission is a key part of the documentation that is necessary to be able to do this.

3. Refusal to grant (partial) access to documents falling under the second part of the request

3.1 The European Commission in its 3 June 2016 response identified an 8-point list of documents as a result of examination of the Legal Services files. These documents include a Legal Service and DG HOME joint note of 7 March 2016 and a series of emails from the Legal Service.

3.2 These documents have been denied to Access Info Europe by invoking three exceptions, namely (i) the protection of the court proceedings and legal advice, (ii) the public interest as regards international relations, and (iii) the protection of the decision-making process.

3.3 The European Commission has failed to inform Access Info Europe whether or not, in addition to the documents that it has generated, it holds any documents that were received from other institutions or external actors. By way of this confirmatory we therefore ask the Commission to indicate whether it has any such documents in its possession. This is an important question for us as we are seeking to understand which documents were held by the Commission and, hence, what analysis and perspectives were and are being taken into account in its decision making.

3.4 As to the documents listed in its 3 June response, the Commission appears to be asserting that the three exceptions invoked apply in their entirety to the full content of all the documents. No consideration is given to the possibility of partial access to some parts of some of the documents as required by Regulation 1049/2001 (Article 4.6). Access Info Europe hereby calls on the Commission to review and to be more precise about which exceptions apply to which parts of which documents. We believe that there are likely to be parts of the documents to which no exceptions apply. Hence these documents can be released in redacted form, along with clear indications of which exceptions are applied to which parts of the documents.

3.5 Access Info also requests by way of this confirmatory application that the Commission examines more fully how the public interest test might permit partial access: there may be parts of the documents to which the Commission might argue that the decision-making and legal advice protections apply, but where there is also an overriding public interest in accessing that content, and hence those parts can also be released in the redacted versions of the documents. This should in particular apply to passages that discuss the competence of the EU in the context of the agreement and/or arrangements made with Turkey on and around the March 2016 Summit.

3.6 Access Info Europe sets out below why it believes that the refusals to grant access to the requested documents breach the Regulation.

4. The protection of the court proceedings and legal advice

4.1 The European Commission argues that disclosure of the requested documents would harm the protection of court proceedings and legal advice as enshrined in Art. 4(2) of the Regulation.

4.2 When it comes to court proceedings, we note that the advice at issue here was not given in the context of ongoing or contemplated legal proceedings.

4.3 The Commission refers to “possible litigation” before the Court of Justice. First, this is an unacceptable basis for applying the exception, because every single piece of legal advice could relate to hypothetical future court cases and this would therefore amount to a blanket ban on all legal advice. Such an approach is at odds with the requirement that all exceptions be narrowly construed. Second, there are no indications and no reasons provided what those possible proceedings would be. It is difficult to see what proceeding would be conducted before the EU Courts. The Commission has not provided any indication in this regard.

4.4 To the extent that there are specific cases underway which relate to some of the legal advice provided, we would be grateful for much precise information and an indication as to which passages of which of the documents listed are affected.

4.5 The Commission has further argued that the legal advice contained in the documents listed has been “intended exclusively for the President and Members of the Commission and for the Commission’s service responsible for Migration and Home Affairs.” Access Info Europe notes that an exception cannot be invoked merely by arguing that the document was originally prepared for a limited audience. Indeed, the Treaty requirement that EU bodies “conduct their work as openly as possible” implies that it should be assumed that all documents are, in principle, prepared with the potential of access by any EU citizen or resident. Only when, at a particular point in time, an exception can be justified and only when there is no overriding public interest (where the Regulation provides for this), and that information be withheld from public disclosure.

4.6 Next, the Commission contents itself with arguing that the EU-Turkey statement is highly sensitive and therefore disclosing the legal advice would “clearly have a serious [presumably negative] impact” on its ability to seek and receive frank advice on sensitive issues in the future. The Commission fails, however, to demonstrate precisely how this would happen, preferring to make this a blanket argument for all the documents identified as falling under the scope of this part of the request.

4.7 Access Info Europe notes that the legal advice and/or legal analysis contained in these documents could well vary in nature. We anticipate that the documents will include legal analysis, legal descriptions and/or advice which discusses and provides information and/or views on the competence and possibility under national, EU and /or international law to implement and/or carry out the actions and legal framework discussed (and according to the large majority of press reports " agreed") with Turkey on (or around) the summit held on 17-18 March 2016. Consistent with the jurisprudence of the European Court of Justice, legal advice on the competence of the EU in a particular area is something in which there is a particular public interest and hence should be provided pursuant to access to documents request. We therefore request that these passages in the identified documents be provided in full to Access Info Europe.

4.8 To the extent that legal advice relates to the legality of some of the actions being undertaken, Access Info Europe notes that the Court of Justice has stated on multiple occasions that the finding that the risk that the disclosure of legal advice relating to a decision-making process could give rise to doubts concerning the lawfulness of the adopted acts is not sufficient to constitute a threat to the protection of legal advice.[1] Such reasoning is in principle transposable to the field of the international activity of the European Union, because the decision-making process in that area is not exempt from the application of the principle of transparency.[2]

4.9 Even should the European Commission conclude that disclosure of the requested documents were to undermine protection of court proceedings and legal advice, it must still assess whether there is an overriding public interest in access. In the present case, two overriding public interests outweigh the exception.

4.10 First, disclosure of the requested documents is particularly critical in the present political context where across the EU there is debate on immigration in general and specifically on the agreements and arrangements that have been negotiated with Turkey. The rationale of the Regulation is to allow citizens to participate more efficiently in the European democratic debate and to strengthen the EU institutions' legitimacy. Disclosure of the requested documents in this specific political context is the rationale and the ratio legis of the Regulation.

4.11 Second, in the context of the current humanitarian crisis both within the EU and at its borders, it is crucial for all actors in our society to be aware of the competence of the EU and the actions that can be legally conducted in order to act efficiently to address the crisis.

5. Protection of the decision-making process

5.1 The European Commission has put forward two arguments under this exception firstly, that it would affect ongoing discussions on the implementation of the agreement actions, and secondly other ongoing discussions with the Council and Parliament related to regulatory reform.

5.2 The Commission has applied the exception to all the documents listed without stating specifically which content would be likely to cause harm to the protected interest should it be disclosed. Furthermore the Commission refers to all the listed documents as “internal documents”, a definition which is not admitted by Regulation 1049/2001.

5.3 Access Info Europe calls on the Commission review the application of this exception. We note that has been confirmed on multiple occasions that the exception for decision-making processes can be relied upon only if the disclosure of the contested documents would seriously undermine the institution's decision making process concerned.[3]

5.4 In the present case, disclosure of information that relates to ongoing discussions European Commission and the Greek government does necessarily in and of itself undermine the institution's decision-making process. Additionally, to the extent that the documents relate to regulatory reform, there is a particular public interest in transparency of the legislative process (something the treaties explicitly require for the Council and Parliament, and by extension the Commission when handling documents related to legislative reform).

5.5 Since all the exceptions to the principle of possible public access to documents must be narrowly construed, the arguments put forward by the European Commission cannot be accepted given the extensive record of strong decisions taken by the EU institutions and the Members States on highly sensitive topics when the respective opinions of the different actors were public and widely published.

5.6 In the event that the European Commission concludes that disclosure of the requested documents would harm decision-making, it should be much more concrete in explaining why that would be the case. Moreover, the Commission must still assess whether the public interest overrides the principle protected. As noted above (paragraph 4.10 and 4.11) there is a huge public interest in being able to participate in the debate about solutions to the migrant crisis. In the present case, specific attention must be paid to the ultimate aim of the Regulation and particular weight should be given to its rationale. The refugee crisis, and the associated humanitarian crisis, has been the most debated political topic in the EU during 2016 and it is most likely that it will remain so for the coming period. Information about precisely what is being done at the EU level to address this, including the legal analysis of the actions being undertaking, is absolutely crucial to permit public participation in the debate on how to address this serious challenge. In other words, disclosing the requested documents - and in any event those documents and passages that concern the competence of the EU to act in this important area - would provide the EU institutions with a great opportunity to achieve the democratic goal set by the EU Treaties, namely that in order “to promote good governance and ensure the participation of civil society, the Union institutions, bodies, offices and agencies shall conduct their work as openly as possible.” To do otherwise and for there to be non-disclosure of these documents would harm greatly the political debate in Europe and would in addition isolate the EU institutions even further from their citizens. Consequently, even if the European Commission were able to demonstrate that there would be harm caused to its decision making on this issues, it should strike the balance in favour of the higher public interest of public participation and release the documents.

6. The protection of the public interest as regards international relations argument

6.1 The European Commission's reasoning that disclosure of the documents would undermine protection of international relations cannot be accepted for two reasons.

6.2 First, the Commission failed to explain precisely how the disclosure of the requested documents might harm the public interest as regards international relations. Rather it stated: "Making available the refused documents to the public would seriously prejudice the crucial relations between the European Union and Turkey in the context of this highly sensitive situation."

6.3 Such an argument is at best circular as it merely asserts stating that the exception applies since we are in a situation where the exception is applicable. The Commission fails to explain why or how disclosure would harm international relations, nor does it show any causal link between the sensitivity of the situation and such harm. We note that the requested documents do not relate to negotiation strategy. The causal link between the sensitivity of the situation and the benefits for the EU democratic debate of such disclosure, is on the contrary very concrete and not at all speculative. This will be explained further in the below.

6.4 The European Commission's unacceptably brief explanation amounts to a failure to state reason. We note that the Regulation states and the Court of Justice has affirmed that the Commission is expressly bound by the duty to state reasons if it refuses to grant access to EU documents, even when it relies on exceptions enshrined in Art. 4(1) of the Regulation.

6.5 Second, in any event, granting access to the requested documents does not infringe the public interest as regards international relations.

6.6 Indeed, it has been held in case law that the risk of disclosing legal opinions taken within the EU institutions regarding the choice of the legal basis in the process of negotiation of an international agreement (which might in certain cases invalidate the act concluding the agreement in the future) does not in itself establish the existence of a threat to the European Union's interest in the field of international relations.[4] Such reasoning is mutatis mutandis applicable to the present case.

6.7 The General Court and the Court of Justice went as far as to consider that when it comes to on-going negotiations, the absence of disclosure of documents on the choice of the proper legal basis "can only be worse in the absence of a prior objective debate between the institutions concerned regarding the legal basis of the action envisaged"[5]. In the same case, it was even recalled that "at the material time, there was a procedure under EU law, in Article 300(6) EC [now Art. 218 (11) TFEU] specifically designed to prevent complications, both at the European Union level and in international law, resulting from an incorrect choice of legal basis [or in the present case more broadly regarding the compliance with EU law]"[6].

6.8 In accordance with this case-law, in any event legal analysis and/or advice pertaining to the competence of the EU to act, and mandates to the EU, should be disclosed.

6.9 The Court of Justice also ruled unambiguously that, even when protection of international relations is invoked, exceptions to the principle of possible public access to documents must be interpreted and applied strictly.[7]

6.10 To conclude, disclosure of legal opinions does not threaten the European Union's interest in the field of international relations. On the contrary, withholding this information could only be more detrimental for the EU in the future. Moreover, the mere fact that the topic of the agreement is sensitive speaks in favour of disclosure. The sensitivity of the topic in the European political debate gives more weight to the Regulation's aim to enhance democracy in the EU.

7. Conclusion

7.1 To conclude, it is our understanding that the European Commission made an error in law by deciding not to disclose the requested documents, partially or in full, in its decisions dated on 3 June 2016.

7.2 Consequently, Access Info Europe hereby reiterates its request for access, partial or in full, of the requested documents and in particular of those passages that concern the competence and mandate for the EU to act.

Yours faithfully,

Luisa Izuzquiza
Access Info Europe

Footnotes:
[1] T-529/09, para. 76 and confirmed by the Court in C350/12 P; Sweden and Turbo v Council, C-52/05 P para. 60; Sweden v MyTravel and Commission, C-506/08 para 113.
[2] T-529/09, para. 76 and confirmed by the Court in C350/12 P.
[3] Among others see T-300/10 para. 130; T-344/08 para. 152-154; T-424/14 and T-425/14 para. 61.
[4] T-529/09, para. 46 and 51; confirmed by the Court in C350/12 P para. 44.
[5] Para. 52; confirmed by the Court in C350/12 P para. 44.
[6] Para 53; confirmed by the Court in C350/12 P para. 44.
[7] C350/12 P para. 48.

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Dear Ms Izuzquiza,

 

Please find attached a note for your attention regarding your confirmatory
application GestDem 2016/1681.

 

Best regards,

 

 

 

ACCESS TO DOCUMENTS (NL)

[1]cid:image002.jpg@01CFC082.A6D14DD0
European Commission
Secretariat General
B4 – Transparency

 

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Dear Ms Izuzquiza,

 

Please find attached a note for your attention regarding your confirmatory
application GestDem 2016/1681.

 

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

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Dear Ms Izuzquiza,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2016/1681, adopted and notified on 19/09/2016 in the
above-mentioned case.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

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From: EC ARES NOREPLY
Migration and Home Affairs

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2016)5506259 - your request for access to documents ref gestdem
2016/4799

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Izuzquiza,

You received the Commission Decision C(2016)6029 replying to your
confirmatory request registered under number gestdem 2016/1681 on
19/09/2016. In accordance with this decision, we have created a new
initial request, registered on 21/09/2016 under the number gestdem
2016/4799.

 

This message is an acknowledgement of receipt of this new initial case
2016/4799.

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
reply within 15 working days (12/10/2016).

Document request: 'In its requests (initial request gestdem 2016/1681,
dated 05/04/2016, dealt with by the Legal Service), Access Info Europe
asked for

(a) [a]ll documents generated or received by the Commission containing the
legal advice and/or analysis of the legality under EU and International
law of the Agreement between the European Union and the Republic of Turkey
on the readmission of persons residing without authorisation O J L 134,
7.5.2014;

(b) [a]ll documents generated or received by the Commission containing
legal advice and/or analysis of the legality of the actions to be carried
out by the EU and its Member States in implementing the actions set out in
the statement on the agreement reached with Turkey at the summit held on 7
March 2016.

 

By way of this confirmatory application dated 5 July 2016, registered on
6 July 2016 (you received the Commission decision in reply C(2016)6029 on
19/09/2016), we ask you to confirm that the Commission does not hold any
other documents that refer to the 2014 Agreement. These might include, for
example, documents received from Council or the Parliament, received from
inter-governmental organisations such as the UN, including the UN Special
Rapporteur on the human rights of migrants, and/or from civil society and
humanitarian organisations. The European Commission has failed to inform
Access Info Europe whether or not, in addition to the documents that it
has generated, it holds any documents that were received from other
institutions or external actors. By way of this confirmatory we therefore
ask the Commission to indicate whether it has any such documents in its
possession. This is an important question for us as we are seeking to
understand which documents were held by the Commission and, hence, what
analysis and perspectives were and are being taken into account in its
decision making.

Yours sincerely,

European Commission

DG Migration and Home Affairs

Access to Documents Team

 

 

References

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3. file:///tmp/~~colorschememapping~~
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[4]Ares(2016)5507269 - your request for access to documents, ref gestdem
2016/4821

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Izuzquiza,

You received the Commission Decision C(2016)6030 replying to your
confirmatory request registered under number gestdem 2016/2228 on
19/09/2016. In accordance with this decision, we have created a new
initial request, registered on 21/09/2016 under the number gestdem
2016/4821.

 

This message is an acknowledgement of receipt of this new initial case
2016/4821.

 

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
reply within 15 working days (12/10/2016).

Document request: In your initial application of 26 April 2016 (gestdem
2016/2228), dealt with by the Commission's Legal Service you requested
access to [a]ll documents generated or received by the European Commission
containing legal advice and/or analysis of the legality of the actions to
be carried out by the EU and its Member States in implementing the actions
set out in the statement on the agreement reached with Turkey at the
summit held on 18 March 2016(…).

 

By way of this confirmatory, dated 14/07/2016, registered on 15/07/2016
(you received the Commission decision in reply C(2016)6030 on 19/09/2016),
you indicate that "The European Commission has failed to inform Access
Info Europe whether or not, in addition to the documents that it has
generated, it holds any documents that were received from other
institutions or external actors. By way of this confirmatory we therefore
ask the Commission to indicate whether it has any such documents in its
possession. This is an important question for us as we are seeking to
understand which documents were held by the Commission and, hence, what
analysis and perspectives were and are being taken into account in its
decision making."

 

Yours sincerely,
European Commission

DG Migration and Home Affairs

Access to Documents Team

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D214E1.933225A0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. http://www.cc.cec/Ares/ext/documentInfoD...

Link to this

From: EC ARES NOREPLY
Migration and Home Affairs

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2016)5868505 - your requests for access to documents ref gestdem
2016/4799 and 4821

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Izuzquiza,

We refer to your requests for access to documents, reference numbers
 gestdem 2016/4799 and 4821.

Your applications are 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 expires on 12/10/2016.

An extended time limit is needed as your application concerns documents
held by different Services which must be consulted.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 04/11/2016.

We apologise for this delay and for any inconvenience this may cause.

Yours faithfully,

European Commission

DG Migration and Home Affairs

Access to Documents Team

 

 

From: EC ARES NOREPLY [mailto:[email address]]
Sent: Thursday, September 22, 2016 2:27 PM
To: [FOI #2695 email]
Cc: HOME ACCESS DOCUMENTS
Subject: Ares(2016)5506259 - your request for access to documents ref
gestdem 2016/4799

 

[5]Ares(2016)5506259 - your request for access to documents ref gestdem
2016/4799

 

Sent by HOME ACCESS DOCUMENTS <[6][DG HOME request email]>. All
responses have to be sent to this email address.

Envoyé par HOME ACCESS DOCUMENTS <[7][DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

 

Dear Ms Izuzquiza,

You received the Commission Decision C(2016)6029 replying to your
confirmatory request registered under number gestdem 2016/1681 on
19/09/2016. In accordance with this decision, we have created a new
initial request, registered on 21/09/2016 under the number gestdem
2016/4799.

 

This message is an acknowledgement of receipt of this new initial case
2016/4799.

In accordance with Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents, you will receive a
reply within 15 working days (12/10/2016).

Document request: 'In its requests (initial request gestdem 2016/1681,
dated 05/04/2016, dealt with by the Legal Service), Access Info Europe
asked for

(a) [a]ll documents generated or received by the Commission containing the
legal advice and/or analysis of the legality under EU and International
law of the Agreement between the European Union and the Republic of Turkey
on the readmission of persons residing without authorisation O J L 134,
7.5.2014;

(b) [a]ll documents generated or received by the Commission containing
legal advice and/or analysis of the legality of the actions to be carried
out by the EU and its Member States in implementing the actions set out in
the statement on the agreement reached with Turkey at the summit held on 7
March 2016.

 

By way of this confirmatory application dated 5 July 2016, registered on
6 July 2016 (you received the Commission decision in reply C(2016)6029 on
19/09/2016), we ask you to confirm that the Commission does not hold any
other documents that refer to the 2014 Agreement. These might include, for
example, documents received from Council or the Parliament, received from
inter-governmental organisations such as the UN, including the UN Special
Rapporteur on the human rights of migrants, and/or from civil society and
humanitarian organisations. The European Commission has failed to inform
Access Info Europe whether or not, in addition to the documents that it
has generated, it holds any documents that were received from other
institutions or external actors. By way of this confirmatory we therefore
ask the Commission to indicate whether it has any such documents in its
possession. This is an important question for us as we are seeking to
understand which documents were held by the Commission and, hence, what
analysis and perspectives were and are being taken into account in its
decision making.

Yours sincerely,

European Commission

DG Migration and Home Affairs

Access to Documents Team

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D223E2.72C06C40
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. http://www.cc.cec/Ares/ext/documentInfoD...
5. http://www.cc.cec/Ares/ext/documentInfoD...
6. mailto:[DG HOME request email]
7. mailto:[DG HOME request email]

Link to this

From: EC ARES NOREPLY
Migration and Home Affairs


Attachment GestDem n 2016 4799 and 2016 4821.pdf
138K Download View as HTML

Attachment ares 2016 2149549.pdf
4.5M Download View as HTML

Attachment ares 2019 4010162.pdf
75K Download View as HTML


Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

[4]Ares(2016)6712065 - Your applications for access to documents - GestDem
n°2016/4799 and 2016/4821

Sent by HOME ACCESS DOCUMENTS <[DG HOME request email]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[DG HOME request email]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Ms Izuzquiza,

Please find attached an advance copy of the reply to your requests for
access to documents. The original will follow via registered mail.

 

European Commission

DG Migration and Home Affairs

Access to Documents Team

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D24B16.DCB50420
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. http://www.cc.cec/Ares/ext/documentInfoD...

Link to this

Things to do with this request

Anyone:
Migration and Home Affairs only: