Documents for Opinion 1/15 of CJEU

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Dear European Parliament,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and jurisprudence from Case C‑213/15 P, I am requesting:

any written, legal and/or oral pleadings in Opinion 1/15 of the Court (Grand Chamber) of 26 July 2017, as well as any answer to questions asked within that context by the Court to the different parties

that might have come in the possession of the European Parliament.

My mailing address is
Paul-Olivier Dehaye
14 Rue de l'Abbaye
1196 Gland
Suisse.

Sincerely,
Paul-Olivier Dehaye
PersonalData.IO

Yours faithfully,

Paul-Olivier Dehaye

AccesDocs, Parlamento Europeo

OUR REF: A(2017)9449

Dear Mr Dehaye,

Parliament acknowledges receipt of your request under Regulation (EC) No 1049/2001. You will receive a reply within 15 working days.

Yours sincerely,

TRANSPARENCY – ACCESS TO DOCUMENTS
PRES | Directorate General for the Presidency
Directorate for Interinstitutional Affairs and Legislative Coordination

[email address]

AccesDocs, Parlamento Europeo

1 Adjuntos

OUR REF A(2017)9449

 

Dear Mr Dehaye,

 

You sent to the European Parliament, under Regulation (EC) No 1049/2001,
 a very large request for access to documents referenced A(2016)9449. It
concerns judicial documents held by Parliament in connexion with
proceedings in Opinion 1/15.  The number of pages involved is estimated at
around 500. As you know Regulation (EC) No 1049/2001 requires and
individual screening of the documents prior to any decision on public
release.

 

Additionally, most documents' originator is not the European Parliament as
they consist of observations lodged by different parties. The Court has
clarified in its judgement of 18 July 2017 (C-213/15) that Regulation (EC)
No 1049/2001 applies to judicial documents, and the Institutions are thus
in the obligation to assess each application for such documents in light
of the Regulation. Following the Court ruling, Parliament is at present
confronted to other voluminous requests for judicial documents, which must
be treated simultaneously. 

 

Under Article 4(4) of Regulation (EC) 1049/2001, Parliament is bound to
consult the originators of the documents with a view to assessing whether
an exception in Article 4(1) and (2) of the same Regulation is applicable.
Given the particular nature of the documents at stake, Parliament would
need to launch consultations with 8 different parties in order to obtain
the necessary elements for the assessment. This consultation could at
present take longer than usual as relevant experts in the Members
States/other third parties are absent due to the summer break. Moreover,
even in case of disclosure, any personal data contained in the documents
needs to be redacted prior to public release.

 

Article 6(3) of Regulation (EC) No 1049/2001 provides that 'in the event
of an application relating to a very long document or a very large number
of documents, the institution concerned may confer with the applicant
informally with a view to finding a fair solution'. 

 

In this respect, and taking into consideration that according to case law
deadlines cannot be negotiated, we are contacting you in order to propose
to narrow down your request in a reasonable way so as to allow Parliament
to proceed with the screening within the 15 working days statutory
deadline without jeopardizing the work of Parliament's services.

 

The agreement would not curtail your right to access documents under
Regulation (EC) No 1049/2001. You would remain free, and welcome, to send
new requests for access to the documents excluded from request
A(2017)9449, and any other documents you would wish to access. The
agreement would give Parliament the possibility to carry out the necessary
consultations and to assess each document within the statutory deadlines.
It does not prejudge on whether access to the documents can be granted or
not under Regulation (EC) No 1049/2001.

 

Would you agree to narrow down request A(2017)9449, to the documents
originating at the European Parliament, the European Commission, the
Council and the Court of Justice?

As the main institutions have established a system for swift consultation
in case of requests received by one institution for documents originating
in another, Parliament could launch the consultation under the system and
assess the documents within the statutory deadlines. 

 

Until reception of your reply under 6(3) of Regulation (EC) No 1049/2001,
the statutory deadline cannot run. In the absence of any answer within 20
working days, your application will be considered withdrawn and the file
closed.

 

We look forward to reading from you,

 

Kind regards,

 

 

 

[1]EP-logo-EN TRANSPARENCY – ACCESS TO
DOCUMENTS
PRES | Directorate
General for the
Presidency

Directorate for
Interinstitutional
Affairs and Legislative
Coordination
 

[2]Public Register
Webpage

[3][email address]
 
 

 

 

 

 

 

 

References

Visible links
2. http://www.europarl.europa.eu/RegWeb/app...
3. mailto:[email address]

Dear FOI officer,

Please provide me with all the documents requested, as soon as they become available.

Yours sincerely,

Paul-Olivier Dehaye

AccesDocs, Parlamento Europeo

1 Adjuntos

 

OUR REF: A(2017)9451

 

Dear Mr Dehaye,

 

In reply to your message we would like to underline that the strict
deadlines imposed by Regulation (EC) No 1049/2001 oblige the Institutions
to imperatively reply to each application within 15 working days (in
exceptional cases, 15 additional working  days).  Furthermore, the Court
has ruled that such time-limits cannot be modified by the parties (see
C-127/13 P, in particular par 24-28).

 

Although Article 6(3) of the Regulation allows the Institution concerned
to find a fair solution with an applicant seeking access to a large number
of documents, the Court has ruled that "that solution can concern only the
content or the number of documents applied for", not the time-limit.

 

In consequence Parliament cannot extend the examination of your
application beyond the given time limits.

 

It is Parliament's understanding from your message that you did not accept
the proposal to narrow down your application to the documents Parliament
is able to asses within the statutory time-limits, and that you maintain
your application registered on 27 July concerning the judicial documents
held by Parliament in the context of Opinion 1/15.

On this basis Parliament's formal decision regarding your request with Ref
A(2017)9451, will be taken within 15 working days, i.e. by 18 August 2017.

 

Yours sincerely,

 

 

[1]EP-logo-EN TRANSPARENCY – ACCESS TO
DOCUMENTS
PRES | Directorate
General for the
Presidency

Directorate for
Interinstitutional
Affairs and Legislative
Coordination
 

[2]Public Register
Webpage

[3][email address]
 
 

 

 

 

References

Visible links
2. http://www.europarl.europa.eu/RegWeb/app...
3. mailto:[email address]

AccesDocs, Parlamento Europeo

1 Adjuntos

OUR REF A(2017)9449

 

Dear Mr Dehaye

 

The deadline for replying to your application of 27 July expires tomorrow.
However, given the large number of documents at stake and the fact that
consultation with different parties/screening of the relevant documents is
still ongoing, Parliament needs to extend the time-limit for replying your
application by a further 15 working days (i.e. till 8 September 2017), in
accordance with Article 7(3) of Regulation (EC) No 1049/2001. 

 

We thank you for your understanding.

 

Kind regards,

 

[1]cid:image001.png@01D30C6B.2A8FAF90 Transparency Unit
 
 
European Parliament
Directorate-General for the Presidency
Directorate for Inter-institutional Affairs
and Legislative Coordination
[2]http://www.europarl.europa.eu/RegistreWeb/
 

 

References

Visible links
2. http://www.europarl.europa.eu/RegistreWeb/