Request to access Audit reports on DIHR false accounting

Waiting for an internal review by Justice and Consumers of their handling of this request.

Dear Governing Board of Fundamental Rights Agency, Dear Ms Maija Kaarina Sakslin (Chairperson); Dear Mr Paul Nemitz, Dear Ms Salla Saastamoinen, Dear Ms Lina Papamichalopoulou, Dear Mr Julien Desmedt (EC representatives),

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:

In 1st March 2012 Mr Morten Messerschmidt, a member of European Parliament submitted a Parliamentary Question to Mrs Viviane Reding on the False Accounting at Danish Institute of Human Rights. This question is stored at http://www.europarl.europa.eu/sides/getD...
and reads :

“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”

1. I would appreciate if you could grant me access to any relevant document or information showing the state of play of that false accounting, how it was addressed by Governing Board of FRA.

2. I also request access to the written statement submitted to FRA Governing Board by Mr Morten Kjærum, in his quality as current Director of Fundamental Rights Agency Vienna, Austria (FRA) and ex-director of DIHR, following MEP`s question of 1st March 2012, in case there was an investigation launched into the false accounting or any other circumstances (i.e. Explanations or clarifications requested by FRA Governing Board Request). I also request access to the Letters, Notes, Fax-Notes sent to Mr Kjaerum by FRA Governing Board asking for relevant explanations on false accounting.

3. If FRA governing Board has Audit Reports by relevant Danish authorities ref Irregularities
mentioned by MEP I request access to those reports. Their existence is mentioned here
http://um.dk/en/~/media/UM/English-site/... . This request is based on the fact that FRA concluded contracts with DIHR and most probably FRA Governing Board is in possession of relevant documents, as Audit Reports by different audit bodies, including of European Union. I would like to understand if before the awarding of these contracts to DIHR, the false accounting matters was resolved by Danish Authorities and there were legal conditions created for DIHR to apply for
and win contracts at FRA.

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-...

As you are aware in your official capacities at FRA, in order to be awarded grants or contracts DIHR have to pass some legal requirements envisaged in EU financial rules. As can be observed looking into the dates of contracts, and Danish authorities statements, DIHR was awarded contracts at FRA and subsequently at European Commission around the date Danish Ministry cut off DIHR funding.

In the frame of a grant competition organized by EC in 2012 DIHR declared that everything is in order in its activity as you can see in this Declaration on honor
http://www.asktheeu.org/en/request/703/r... and in some others disclosed by EC to the public domain and accessible at
http://www.asktheeu.org/en/request/decla...

It would be much appreciated any access you could grant to any document or useful information and it will contribute to the clarification of false accounting matters raised in Parliamentary Question of 1st March 2012. Also it will clarify the entitlement of legal entities with such problems as false accounting to access EU funds and to win contracts or grants. Many thanks.

Yours faithfully,

Mike Stabenow

Justice and Consumers

Dear Mr Stabenow,

 

Thank you for your e-mail dated 17/09/2013 addressed to DG Justice Access
to Documents mailbox, and intended to FRA Governing board. 

We hereby acknowledge receipt of your application for access to documents,
which was registered on 20/09/2013 under reference number GestDem
2013/4725.

 

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 11/10/2013. In case this time limit needs to be extended, you will be
informed in due course.

 

Yours faithfully,

 

JUST ACCESS TO DOCEMENTS TEAM

Mike Stabenow left an annotation ()

deadline 11/10/2013

Justice and Consumers

1 Attachment

Dear Mr Stabenow,

 

I refer to your request of access to document of 17 September 2013
addressed to the Management Board of FRA and Mr Nemitz, Ms Saastamoinen,
Ms Papamichalopoulou and Mr Desmedt (DG JUSTICE) and registered on 23^rd
September 2013 under the GESTDEM number 2013/4725.

 

You requested to receive the following documents:

 

1)      "any relevant document or information showing the state of play of
that false accounting, how it was addressed by Governing Board of FRA";

2)      "the written statement submitted to FRA Governing Board by Mr
Morten Kjærum, in his quality as current Director of Fundamental Rights
Agency Vienna, Austria (FRA) and ex-director of DIHR, following MEP`s
question of 1st March 2012, in case there was an investigation launched
into the false accounting or any other circumstances (i.e.  Explanations
or clarifications requested by FRA Governing Board Request)." As well as
 "the Letters, Notes, Fax-Notes sent to Mr Kjaerum by FRA Governing Board
asking for relevant explanations on false accounting";

3)      "Audit Reports by relevant Danish authorities ref Irregularities
mentioned by MEP", If FRA governing Board has such reports;

4)      "any document or useful information and it will contribute to the
clarification of false accounting matters raised in Parliamentary Question
of 1st March 2012".

 

Concerning documents listed in points 1 to 3, the request should be
addressed directly to the Fundamental Rights Agency. We have no copy of
such documents, if they exist.

 

Concerning the request under n. 4, I would like to inform you that we
could not find any document matching your request in our archives. We are
therefore unable to handle this request.

 

Yours faithfully

 

 

SANDRA KRAMER
Head of Unit
 
[1]cid:image001.gif@01CEC670.1457AC90
European Commission
Directorate-General for Justice
Programming, evaluation and communication

MO59  07/27
B-1049 Brussels/Belgium
+32 2 2955541
[2][email address]

Join the debate on the future of Justice in the European Union

[3]Register now for the 'Assises de la Justice' (21-22 November 2013)!

 

References

Visible links
2. mailto:[email address]
3. http://ec.europa.eu/justice/events/assis...

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 'Request to access Audit reports on DIHR false accounting'.

The persons mentioned in my initial request - Mr Nemitz, Ms Saastamoinen, Ms Papamichalopoulou and Mr Desmedt (DG JUSTICE)- are members and alternate members of FRA Management Board.

They have responsibilities in respect to FRA Director activities, personal conduct, budget of FRA, alleged false accounting in previous positions etc.
The FRA management board members specified above wrongly rejected my request, recommending to go directly to FRA. I request an internal review:
either, dealing with my request or
submitting formally my request to FRA.
The nature of my request and related information are to be handled by the FRA management board members mentioned above.

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

Yours faithfully,

Mike Stabenow

Justice and Consumers

1 Attachment

Dear Mr Stabenow,

 

I refer to your e-mail of 14 October 2013, presumably related to a
previous request registered under GESTEM n. 2013/4725.

 

In this e-mail you ask DG JUSTICE to instruct the Fundamental Right Agency
to reply to you request of access to documents.

 

The European Commission has no documents matching your request, as you
were previously informed.

 

According to the rules on access to documents, we are requested to handle
documents that the European Commission holds. When this is not the case,
it is not for the Commission' services to look for to those documents
elsewhere.

 

The Fundamental Rights Agency is an independent entity and the European
Commission or Commission staff members of the management boards are not
entitled to intervene in its daily activities.

 

You could therefore address your request directly to the Agency, which
will reply according to the applicable rules on access to documents.

 

Yours sincerely,

 

 

SANDRA KRAMER
Head of Unit
 
European Commission
Directorate-General for Justice
Programming, evaluation and communication

MO59  07/27
B-1049 Brussels/Belgium
+32 2 2955541
[1][email address]

Join the debate on the future of Justice in the European Union

[2]Register now for the 'Assises de la Justice' (21-22 November 2013)!

 

 

References

Visible links
1. mailto:[email address]
2. http://ec.europa.eu/justice/events/assis...

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 'Request to access Audit reports on DIHR false accounting'.

Dear Justice (JUST),

I would like to ask you to analyze if there is any legal possibility to refer the request to European Commission representatives in FRA management board;
Mr Paul Nemitz http://fra.europa.eu/en/about-fra/struct...
http://fra.europa.eu/sites/default/files...
Madame Salla Saastamoinen http://fra.europa.eu/sites/default/files...
Madame Lina Papamichalopoulou http://fra.europa.eu/sites/default/files...
Mr Julien Desmedt http://fra.europa.eu/sites/default/files...

Additionally I would like to access all documents showing if these four representatives of European Commission are remunerated for their activities / meetings in FRA Vienna (rules or internal directives of EC).
This is a confirmatory application following a request to access information and documents. Please indicate to which instruction you refer in your email above. thanks.

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

Yours faithfully,

Mike Stabenow

Justice and Consumers

Dear Mr Stabenow,

Thank you for your e-mail dated 23/10/2013 addressed to DG Justice Access to Documents mailbox.
We hereby acknowledge receipt of your application for access to documents, which was registered on 20/09/2013 under reference number GestDem 2013/4725.

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 11/10/2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

JUST ACCESS TO DOCEMENTS TEAM

Dear Mr Stabenow,

Thank you for your e-mail dated 23/10/2013 addressed to DG Justice Access to Documents mailbox.
We hereby acknowledge receipt of your application for access to documents, which was registered on 25/10/2013 under reference number GestDem 2013/5306.

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 19/11/2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

JUST ACCESS TO DOCEMENTS TEAM
-----------------------------------------------------------------------------------

show quoted sections

Justice and Consumers

Dear Mr Stabenow,

Thank you for your e-mail dated 23/10/2013 addressed to DG Justice Access to Documents mailbox.
We hereby acknowledge receipt of your application for access to documents, which was registered on 25/10/2013 under reference number GestDem 2013/5306.

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 19/11/2013. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

JUST ACCESS TO DOCEMENTS TEAM
-----------------------------------------------------------------------------------

show quoted sections

Mike Stabenow left an annotation ()

The time limit will expire on 19/11/2013

Justice and Consumers

Dear Mr Mike Stabenow,

Further to your email of 23 October 2013, please note that the access to documents system set up by Regulation 1049/2001 does not include internal reviews. In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory application that should be addressed within 15 working days upon receipt of this letter to the Secretary-General of the Commission at the following address:

European Commission
Secretary-General
Transparency unit SG-B-5
BERL 5/327
B-1049 Bruxelles
or by email to: [email address]

You have also requested in your email access to "all documents showing if these four representatives of European Commission are remunerated for their activities / meetings in FRA Vienna (rules or internal directives of EC)". As there is no remuneration foreseen for such activities, there are no documents that we can send you.

Yours faithfully,

Salla Saastamoinen

show quoted sections

Dear Justice (JUST),

Thanks for this reply. As to the possibility to make an internal review, this is envisaged in the electronic version of AskTheEU application. As all citizens who used this platform, I followed that possibility to select option "internal review". Did you liaised with representatives of this website http://www.asktheeu.org/en/request/docum...

Yours faithfully,

Mike Stabenow