Dear Justice (JUST), Dear Madame Reding,
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:
On 1st March 2012 Mr Morten Messerschmidt submitted a Parliamentary Question to you in relation to False Accounting at Danish Institute of Human Rights. MEPs question is stored in the website of European Parliament
http://www.europarl.europa.eu/sides/getD... and reads as follows:
“To what extent does the Commission monitor the money at the disposal of the European Union Agency for Fundamental Rights? This EU agency is headed, as the Commission will be aware, by its Danish director Morten Kjærum. Rigsrevisionen (the National Audit Office of Denmark) has now revealed that there was a widespread incidence of false accounting while Mr Kjærum was head of the Danish Institute for Human Rights between 2002 and 2008, and that public funds were used, with Mr Kjærum’s knowledge, contrary to applicable law and their intended use. Bearing in mind that the European Union Agency for Fundamental Rights has a much larger budget than the Danish body, the circumstances uncovered in relation to Mr Kjærum’s period in charge of the Danish Institute for Human Rights should give rise to a comprehensive audit of the use of resources at the EU agency, inter alia to see whether the unlawful use of public funds has continued at EU level”
In your answer of 20 April 2012 you declined EC competence on the subject http://www.europarl.europa.eu/sides/getA...
stating that FRA director is responsible for all matters within his agency and that “OLAF may also intervene whenever there are sufficiently serious suspicions of fraud, corruption or irregularities detrimental to EU financial interests.”
1. I would appreciate if you could grant me access to any relevant document or information showing how that false accounting was settled (if OLAF looked into the matter as suggested by you, if any other controlling body looked into those false accounts).
2. I also request access to any written statement submitted to you by Mr Morten Kjærum, during the period of preparations of your Answer to Mr Morten Messerschmidt, following his question of 1st March 2012, or Phone call Notes, or Minutes or similar showing Mr Morten Kjærum explanations on the false accounting happened at DIHR when he served as DIHR Director.
3. Could you confirm if this EP Letter http://www.asktheeu.org/en/request/452/r... dated 27 April 2012 was sent to OLAF following issues raised in Mr Messerschmidt Question of 1st March 2012 and during the preparation of your Answer to this MEP. Mr Theurer confirmed me through www.asktheeu.org that it was FRA the EU agency in question mentioned in that letter.
As you might know DIHR was and is a contractor of FRA and of European Commission. This is why I request access to any relevant documents or information you might have: to understand if before the awarding of these contracts, the false accounting matters was solved by DIHR and thus there were legal conditions created for DIHR to apply and win grants and contracts at FRA and EC.
The EC and FRA contracts are available in European Commission FTS system, the last one being disclosed to the public domain here http://www.asktheeu.org/en/request/548/r...
The FRA contracts are available in OJ of EU and some versions were disclosed to public domain
Other reason of asking access to these documents and information is because the Danish Ministry had cut off funding to DIHR because of “the deliberate transfer of old losses to non-existing projects that were created for this purpose” http://cphpost.dk/news/national/foreign-... .
In order to be awarded grants or contracts DIHR have to pass some legal requirements envisaged in rules. DIHR was awarded contracts and grants around the date Danish Ministry cut off DIHR funding. DIHR declared that everything is in order in its activity http://www.asktheeu.org/en/request/703/r... http://www.asktheeu.org/en/request/decla... )
If you allow me, I would like to raise your attention to the replies given recently by representatives of European Commission, i.e the department under your direct supervision, following a request to access declarations of DIHR. It looks that DIHR benefits of several exemptions from EU Financial Regulations, their financial capacity is not assessed, mandatory documents are not requested from DIHR, they are treated preferentially etc, but you can see full details under this link and its annotations http://www.asktheeu.org/en/request/decla...
It would be very appreciated and of great help if you could grant access to any document or useful information which finally could contribute to the clarification of false accounting matters raised Mr Messerschmidt Parliamentary Question of 1st March 2012 and the entitlement of legal entities with such problems of false accounting to access EU funds and to win grants procedures organized by European institutions.
It is public interest but is also your interest to dismiss or confirm the allegations against DIHR and to protect the image of you (as Commissioner for Justice, human rights) and the image of European Commission. Finally is the European Commission which concluded several contracts and grant agreements with Danish Institute for Human Rights, an institute confronted with accusations of false accounting which are not yet sorted.
Thank you very much.
Dear Mr Stabenow,
Thank you for your e-mail dated 14/09/2013 addressed to DG Justice.
We hereby acknowledge receipt of your application for access to documents,
which was registered on 17/09/2013 under reference number GestDem
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 to provide you with
an answer concerning the access to the documents you request will expire
on 07/10/2013. In case this time limit needs to be extended, you will be
informed in due course.
JUST ACCESS TO DOCEMENTS TEAM
Dear Justice (JUST),
This is a follow up on my request of 14/09/2013 . I would appreciate receiving a response. The time limit indicated by you has expired on 7/10/2013.
Dear Mr Stabenow,
Thank you for your email of 14 September (GESTDEM n° 2013/4624). Please accept our apologies for the delay in responding to your request.
Under point 2 of your email, you request access to "any written statement submitted to you by Mr Morten Kjærum, during the period of preparations of your Answer to Mr Morten Messerschmidt, following his question of 1st March 2012, or Phone call Notes, or Minutes or similar showing Mr Morten Kjærum explanations on the false accounting happened at DIHR when he served as DIHR Director". Following your request, we carried out a check in the archives and could find no correspondence that is relevant in relation to the request for access to documents that is being made.
As regards your request for access to documents under point 1 and 3, they have been forwarded to the OLAF, which will respond separately to you.
Head of Unit
JUST.C.1 Fundamental rights and rights of the child
Directorate General Justice
Tel. +32-2-29 69463
Gsm. +32-498-9 69463
E-mail: [email address]
Join the debate on the future of Justice in the European Union.
Register now for the 'Assises de la Justice' (21-22 November 2013)!