Bad application of EU Laws. Detection and complaints

La solicitud fue rechazada por Justicia y Consumidores.

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:

Background:

There was a FOI request:
http://www.asktheeu.org/en/request/infri...

With the question:
"On what individual dates (initially and follow up information with
numbering the cases) has the European Commission received
information about a possible violation of the EC2201/2003
regulation since January 2008 up to now. What was the source, the information was coming from (a EU citizen, a member orf parliament etc)? .."

And it was answered on 6th August 2014 (DG JUST/A1/JS/sls/(ARES(2014)27799960):
"..We regret to inform you that no documents were found that would correspond to the description given in your application."

Now I found the document:
Report from the Commission - 29th Annual Report on monitoring
the application of EU law
http://ec.europa.eu/atwork/applying-eu-l...

On page 9 it is said:
"2. INCORRECTTRANSPOSITION AND BAD APPLICATION OF EU LAWS
While the Commission in its duty as guardian of the Treaty conducts its own enquiries to detect in- fringements of EU Law (point 2.1.2), citizens, businesses and stakeholder organisations make a sig- nificant contribution to such monitoring task by reporting shortcomings in the transposition and/ or application of EU law by Member State authorities (see complaints under point 2.1.1). Once detected, problems are followed up by bilateral discussions between the Commission and the Member State concerned in order to remedy them, to the extent possible, using the EU Pilot platform.

2.1. DETECTION OF PROBLEMS AND INFORMAL SOLUTIONS

2.1.1. COMPLAINTS
Complaints are submitted by citizens, businesses, NGOs or other organisations. They are handled in line with the Commission’s Communication on the handling of relations with the complainant in respect of application of Union law12 which sets a target of 12 months for the closure of a case or the launch of the formal procedure from the registration of a complaint. The chart below shows the key data on citizens’ complaints in 2011:

3115 new complaints – The three Member States against which the most complaints have been filed were Italy (386 complaints), Spain (306) and Germany (263). Citizens, businesses and organisations re- ported irregularities especially in connection with environment, internal market & services and justice affairs (604, 530 and 434 complaints, respectively).
3078 processed complaints – Following an initial assessment of more than three thousand submissions in 2011, the Commission opened bilateral discussions with the Member State concerned in relation to 619 complaints in order to clarify whether EU rules had been breached.
Complaints that led to bilateral dis- cussions were most frequently related to environment, internal market & services and taxation & customs union (149, 101 and 87 pre-infringement files, respectively). Bilateral discussions with Member States are dealt with within EU Pilot (see under point 2.1.3).

Request:
As this data is available I kindly request information about:

SUBMITTED AND PROCESSED COMPLAINTS between 2010 and now.

Mainly
- Subject,
- Classification,
- date received,
- country received,
- EU department dealing with the compaint,
- decided on date,
- what happened to the complaint
-- nothing
-- e.g. letter to the member state and
-- infringement proceedings. Best would be access to a database (webpage) to make a detailed and maybe permanent online analysis

In case you want to sent a letter to me, kindly let me know in advance as I am often travelling so that I can give you the current adress or even better I can send you a fax number.

Yours faithfully,

Vinzenz Zinser

Justicia y Consumidores

Dear Sir,

 

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:

[1]http://ec.europa.eu/transparency/regdoc/...

 

 

Yours faithfully,

 

European Commission

SG.B.4/rc

Transparency

 

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Dear Justice and Consumers,

kindly answer my request.

Yours faithfully,

Vinzenz Zinser

Justicia y Consumidores

     Dear Sir,

Thank you for your e-mail dated 12/02/2015 applying for a copy of
documents in accordance with Regulation (EC) N° 1049/2001 regarding public
access to European Parliament, Council and Commission documents.

Your application will be dealt with as quickly as possible. However, as
your request implied a specific analyse, a consultation of several
departments was necessary. Due to unexpected delays in analyzing the
documents in question, we have to extend the prescribed period by another
of 15 working days before you receive a reply. We apologize for this
delay.

Yours sincerely, 

                Joël De Bry (Secretariat-General).

                BRU-BERL 05/393

 

Dear Justice and Consumers,

in reference to a direct email on 20th March 2015 from Karl von Kempen who is the Head of Unit, Application of EU Law, Secretariat-General, European Commission

and seeing not only, but especially this case:
http://www.asktheeu.org/en/request/viola...
where the EU Commission was informed in 3/2010 and still ignores the violation of EU law through the UK.

I suspect, there is the possibility of a systemic malaministration and ignorance in some areas.

European Citizens do have the right to expect that good laws are made and that this existing EU laws are implemented and enforced. This requires proper work from the EU Commission.

Especially as European Citizens cannot go to the EU Court in Luxemburg in case the EU Commission does not start infringement investigations/proceedings (initially send formal letters) when there is a violation of EU law.

Therefore I request a complete and formal answer to this request. I would be very happy when it comes out that there is no maladministration. This I will check on the above case but also other cases.

Yours faithfully,

Vinzenz Zinser

Dear Justice and Consumers,

I am still waiting, for your answer.

Yours faithfully,

Vinzenz Zinser

Dear Justice and Consumers,

another two weeks have passed without any reply from your side.

I kindly remind you that the initial request was done nearly two months ago on 12th February 2015.

Yours faithfully,

Vinzenz Zinser

Dear Justice and Consumers,

this is long overdue. Whats the status ? Kindly answer my request.

Yours faithfully,

Vinzenz Zinser

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'Bad application of EU Laws. Detection and complaints'.

As my FOI request is permanently delayed any maybe even ignored I request an internal review and answers to my questions.

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

Yours faithfully,

Vinzenz Zinser

Justicia y Consumidores

Dear Sir,

Thank you for your email dated 28/04/2015.

We hereby acknowledge receipt of your confirmatory application for access to documents, which was registered on 30/04/2015 under reference number GestDem 2015/881 – Ares(2015)1848410.

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 27/05/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/332

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Direct Email received today:

Subject:
EUROPEAN COMMISSION *ЛЧ> SECRETARIAT-GENERAL
¿į*v. Directorate C - Smart Regulationand Work Programme The Director
SG/C.3 JDB/zk
Mr Vinzenz Zinser
by e-mail: XXXX
Your request under Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents - Ref. GestDem 2015/881

Dear Mr Zinser,
Thank you for your e-mail dated 12/02/2015 [GESTDEM 2015/881], requesting access to documents which contain specific information about complaints under Regulation (EC) No 1049/20011 regarding public access to European Parliament, Council and Commission documents.
First of all, I would like to apologize for the late reply.
We have looked attentively into your request.
You request for information is about submitted and processed complaints between 2010 and now. You list a number of criteria and ask for «access to a database (webpage) to make a detailed...analysis».
Given the high amount of information you are interested in, the Head of Unit 'Application of EU law' in the Secretariat general of the Commission, Mr Karl von Kempis, invited you by mail of 20 March 2015 to examine if you could be more precise in your request. This would have allowed my services to try to check what kind of information could be helpful for you. This message had remained unanswered. Notwithstanding, you have informed a member of the unit that you insist on your initial request.
In that regard, I have to inform you that there is no document available with the information requested. As specified in Article 2, (3) of Regulation (EC) 1049/2001, I must draw your attention here to the fact that the right of access as defined in that Regulation applies only to existing documents in the possession of the institution.
In closing, I would like to refer you to the information on the main decisions taken by the Commission on breaches of EU law that can be accessed at the following website address: http://ec.europa.eu/atwork/applving-eu-l... en.htm
The information on the website referred to above should not be reproduced or disseminated for commercial purposes unless the Commission hasfirst given its approval.
Yours faithfully,
Elizabeth Goldberg

Dear Justice and Consumers,

It seems you rejected because of the high amount of data. Thats definitely no reason to reject the FOI.

Now it is at the Ombudsman.

Yours faithfully,

Vinzenz Zinser