Letters to EU Commissioner Viviane Reding about UK taking jurisdiction through EC2201/2003 after they have failed for years to enforce paternal contact order
Dear Justice and Consumers,
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:
- 30th April 2013 and
- 7th May 2013 EU Commissioner for Justice (and now MEP Viviane Reding) has received two letters from Klaus Zinser. They should have been answered within 15 working days. As this did not happen Niovi Ringou from the Commission
- sent a letter without even answering what was requested.
The commission was informed that there was an upcoming hearing at London High Court about the possibility of taking jurisdiction on 5-7th June 2015.
Factually the EU commission did not inform a EU citizen about the legal situation/remedies/possible preliminary requests and rulings through ECJ in Luxemburg. This when a EU member state systematically failed to enforce contact orders under EC2201/2003 (Brussels IIa). EU laws which had been made from the European Commission.
Even worse, when a EU member state (UK) takes jurisdiction of a case after they have failed to enforce contact orders.
Therefore I request
- the letters/documents sent to Mrs Viviane Reding on 30th April 2013, on 7th May 2013
- the temporary answer from Niovi Ringou on 24th May 2013 and also
- the follow up answers based on this.
Also I want to know
- all internal communication and the people names of who was involved in internal consultation (e.g. the Commissions legal service department etc) and drafting the documents. Including the qualification and practical experience of these people.
Further I want to know if this communication has lead to the intransparent review of EC2201/2003 with an Expert Group where there is no observer fron the EU Parliament or parents who suffered (Documents).
N° d'enreg. :
Dear Mr Zinser,
Please find attached a copy of the reply to your request for access to
documents registered under Gestdem N° 2015/04913.
The original has been sent to you by post.
Directorate-General for Justice and Consumers
Civil Justice Policy Unit
Dear Justice and Consumers,
seeing your answer I request also to (1) publish the attachents of the email from 30th April 2013.
(2) Further I would like to know the exact rule for the EU authorities to answer within 21 working days after receipt of a document/question from a European citizen.
I had contacted the EU Commission (DG JUST) on 30th April 2013 and asked for an urgent reply. When calculation 21 working days I should have received and answer latest on 30th May 2015.
Instead of a qualified answer I only received a "BlaBla" answer saying:
"Dear Mr Zinser
I refer to your email of 30th April 2013 and your letter to Vice President Viviane Reding (not mentioned that Viviane Reding was EU Commissioner for Justice at this time and maybe also interesting, Martin Selmayr was her assistant) and confirm the receipt of the documents.
The documents received an in-depth examination which is currently in progress. Please rest assured that we will revert to you as soon as possible with our assessment whether or not the UK authorities have complied with EU law.
Yours Sincerely Niovi Ringou"
As the European Ombudsman Emily O'Reilly rejected to investigate in this issue I have to do it myself.
The commission has several times been made aware of a violation of EU law through UK in not enforcing contact orders since 2009.
The EU commission has been urged in an email on 30th April 2013 with all required information that there is an upcoming hearing on 5-7th June 2013 where UK intends to take jurisdiction of the case.
There was also a reminder to Justice Commissioner Viviane Reding on the urgency on 7th May 2013. If the EU commission would have given a qualified answer I should have had this answer latest on 30th May 2013 which would have left enough time to prepare for the UK court hearing on 5-7th June 2013 as I was not on legal aid and couldn't afford horrible expensive lawyers and barristers in UK.
Neither the EU Commission DG JUST or the better qualified legal service unit SJ recommended or the UK court sent the case to the European Court (ECJ) in Luxembourg (nothing has arrived there) to request a preliminary ruling on the interpretation of EU law (EC2201/2003) when it comes
Based on this it can be suspected that there was either maladministration, biased employees or unqualified people within the EU Commission DG JUST in helping a European Citizen, a father to stay in contact with his child.
Request (3) when has there been an answer to the EU citizen Klaus Zinser as promised on 30th April 2013 "..that we will revert to you as soon as possible with our assessment whether or not the UK authorities have complied with EU law" please show me the document where this has been answered?
As a confirmatory application i request the documents:
(4) Beschwerdeformular - Vermuteter Verstoss gegen das Recht der Union durch einen EU Mitgliedststaat entered from Klaus Zinser on 06.08.2015 and
(5) the letter sent from EU Commissioner Jourova (Marek Dvorsky) on 26th August 2015 (including the fully email showing that Klaus Zinser has asked several times for an appointment with commissioner Jourova and
(6) the email and letter sent on 7th September 14:32 to Klaus Zinser, from Michael Shotter, signed from Karen Cecilia Vanderkerkhove (a dependent employee of Mr Shooter who is, from what I know as CV not published a British lawyer working for the EU commission)
Coming to the existing request this has not been answered:
(7) Also I want to know
- all internal communication and the people names of who was
involved in internal consultation (e.g. the Commissions legal
service department etc) and drafting the documents. Including the
qualification and practical experience of these people.
(8) Further I want to know if this communication has lead to the
(intransparent) review of EC2201/2003 with an Expert Group where
there is no observer from the EU Parliament or parents who suffered
Please answer these questions.