Dear Justice (JUST),
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:
The 28 reports, given to the EU commission (reference below), in preparation of the Brussels IIa Regulation/Consultation (EC2201/2003) review.
These reports must be there "..in the framework of the preparation of the application report as well as the evaluation study we have collected 28 reports from each and every member state .." (Verbal Quote of EU Commission member on 11 Nov 2014 around 17:45 at the Petition committee).
Dear Mr. Zinser,
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
JUST Access Documents team
Dear Justice (JUST),
my address has been added on:
There I made a reference to this FOI.
Dear Justice (JUST),
hereby I kindly remind you that this request has not be answered up to now. Unfortunately there is a delay from your side. As European Citizen I request a qualified answer ASAP.
Dear Justice (JUST),
any news on this request ?
Originally this should have been answered mid of December 2014. There was already a delayed answer. Because I had to complain again on 26th December 2014 a new deadline was put, saying 15 working days which is end of January 2015. I can't understand why I have not received the requested documents. Further for this complaint, that was necessary from my side, I don't understand why there was a new deadline which is factually 30 calendar days.
It would be very kind if I receive the requested data now.
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 'Brussels IIa (EC2201/2003) review - 28 Reports from 'each and every' memberstate for overall study'.
To give a brief history of the case.
In March 2010 there was a direct telephone call with Martin Selmayr who recommended to send an email with all data to Viviane Hofmann and open a Dossier as I had informed him on child contact issues.
As there was no activity in April 2010 the EU commission was personally informed through me about a possible violation of Brussels IIa through the Memberstate United Kingdom.
Afterwards nothing happened.
Even direct letters to the EU commissioner for Justice, Viviane Reding in 2012 and 2013 did not make the EU commission to get active.
This came out in the first petition hearing on 19th March 2014.
Starting from April 2014 there was a public consultation about Brussels IIa (EC2201/2003) done from the European Commission.
In this consultation there were some very strange results, as reports from people were not included and the commission was saying "First of all, please excuse the problems with downloading the results of the public consultation; it seems to us that the website has been spammed. We have informed the respective Commission's services to fix the problem." http://www.asktheeu.org/en/request/publi...
In the second petition hearing the EU commission reported that there are "28 reports from each and every member state". This has been said from the EU commission member Johanna Zerdinska who also seems to deal with the petition referred, too. in the video:
this is said in minute 14:32.
Coming to this FOI request which was made on 18th November 2014 it took until Dec 23rd 2014 when the first reply arrived, while 15 working days are given. Very strange, as the request was rejected it seems to be allowed to delay by another 15 working days which was calculated to 26th January 2015 which is one month in calendar days.
On 13th January 2015 I, as FOI requestor received a telephone call from two members of the European Commission where they asked for further details. As requestor I again confirmed that I want to have all the 28 reports which are all there, as Mrs Zerdinska has confirmed in the petition hearing on 11th Nov 2014.
Now, on 23rd January the European Commision, Mr Martin Kroeger, dept DSG2 B4 - Transparency http://ec.europa.eu/dgs/secretariat_gene... has written one working day before the documents should have been delivered
"..we have not yet been able to gather all the elements we need to carry out a full analysis of your request in order to take a final decision .."
Its said 'to take a final decision' what seems some lawyers are working on this request trying to avoid to give the requested information.
As a citizen of the European Union, seeing that several FOI request in this Child, Family area are treated very bad:
Seeing request #5 I have to use similar words:
Dear Secretariat General (SG),
My initial request dates from 18th Nov 2011, about two months ago. This is long overdue. Considering the European Commission's role as the Guardian of the European Union Law, I find it remarkable that this straightforwarded question seems so difficult to reply to.
Right now there are serious questions if the European Commission is really interested to have the European Parliament and the Citizens of Europe being part of this review and modification of Brussels IIa (EC2201/2003). Also to make sure the UN convention on the Rights of the Child is fulfilled.
Further there are more and more questions if the European Commission is really interested in enforcing EU law that was made from the EU-Commission and accepted by all member states who joined EN2201/2003 (BIIa).
Seeing how the dossier/case was treated since March 2010 and how it finally lead to the Petition in July 2013 people could get the impression that there is structural corruption in the EU-Commission.
The EU commission in not having started infringement proceedings against the member state, because of the violation of EU law (EC2201/2003), through this member state could lead to a similar impression.
To avoid such impressions, I request to deliver the documents as soon as possible and without any further delay in the next days. If some of the documents are not translated into English language you should start with the original documents in the original language as this also makes sure there are no translation errors. People have a right to get to know what has been reported from the member states.
A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/bruss...