FRA rules on Recruitements

Esperando una revisión interna por parte de Agencia de los Derechos Fundamentales de la Unión Europea de cómo han respondido a esta solicitud.

Dear European Union Agency for Fundamental Rights,
Dear Mr Paul Cozzi,

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:

1. Internal rules adopted by FRA in accordance to Article 110 Staff Regulation for Recruitments of staff (Contract Agents and Temporary Agents).

2. Rules of Procedure of FRA Staff Committee, adopted following Judgement F-112/10 and Rules of Procedure of FRA Staff Committee in force until 1st November 2010.

3. Relevant information and documents about the current role of the member delegated by FRA in its Recruitment Panels, whether currently the Staff Committee member votes or not.

Thank You.

Yours faithfully,

Cornelia Trentea

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

1 Adjuntos

To the attention of:

 

Ms Cornelia Trentea

www.asktheeu.org

Vienna, 13 August 2013

2013-outgoing-001341

 

Subject:         Your request of access to documents registered under
reference number 2013-incoming-001278

 

Dear Ms Trentea,

 

Thank you for your e-mail.  We hereby confirm receipt of your application
for access to documents on 31 July 2013, which was registered under
reference number 2013-incoming-001278.

 

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 21
August 2013.  In case this time limit needs to be extended, you will be
informed in due course.

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [1]http://fra.europa.eu | [2]Facebook | [3]Twitter |
[4]YouTube | [5]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

The EU as a community of values: safeguarding fundamental rights in times
of crisis - [6]read more in the FRA 2012 Annual Report Focus.

References

Visible links
1. http://www.fra.europa.eu/
2. http://www.facebook.com/fundamentalrights
3. http://twitter.com/#!/EURightsAgency
4. http://youtube.com/user/EUAgencyFRA
5. http://www.linkedin.com/company/eu-funda...
6. http://fra.europa.eu/en/press-release/20...

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

1 Adjuntos

Dear Ms Trentea

 

Subject: Your request of access to documents registered under reference
number 2013-incoming-001278

 

We refer to your request for access to documents dated 31^st July 2013.

 

 

1.       Internal rules adopted by FRA in accordance to Article 110 Staff
Regulation for Recruitments of staff (Contract Agents and Temporary
Agents).

 

After careful examination of your request, the Agency concluded that the
requested documents are to be found under the following link:

[1]http://fra.europa.eu/en/about-fra/key-do...

 

2.       Rules of Procedure of FRA Staff Committee, adopted following
Judgement F-112/10 and Rules of Procedure of FRA Staff Committee in force
until 1st November 2010.

 

We consider that you are an interested party under this proceeding.
[LINE REDACTED AT REQUEST OF AUTHOR]
[LINE REDACTED AT REQUEST OF AUTHOR]
[LINE REDACTED AT REQUEST OF AUTHOR]
Therefore your request falls under art 4 of Regulation
1049/2001. Nevertheless the Agency considers this information as public.
Please find herewith attached under the following link the Executive Board
Decision 2009/1:
[2]http://fra.europa.eu/sites/default/files...

 

3.       Relevant information and documents about the current role of the
member delegated by FRA in its Recruitment Panels, whether currently the
Staff Committee member votes or not.

 

After careful examination of your request, the Agency concluded that the
requested documents are to be found under the following link:

[3]http://fra.europa.eu/sites/default/files...

as well as the attached document (Role of staff Committee representative
in recruitment as per their note of May 4, 2010). Since then the Staff
Committee has decided that it will in the future participate as full
members in selection committees.

 

Please note that pursuant to Article 7(2) of Regulation (EC) No 1049/2001,
you may make a confirmatory application asking FRA to reconsider its
position. Such a confirmatory application should be addressed within 15
working days upon receipt of this email to FRA general e-mail:
[4][email address].

 

Yours faithfully,

Tara Morris

FRA Communications

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0

Email: [email address]

Visit us on: [5]http://fra.europa.eu | [6]Facebook | [7]Twitter |
[8]YouTube | [9]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

 

The EU as a community of values: safeguarding fundamental rights in times
of crisis - [10]read more in the FRA 2012 Annual Report Focus.

mostrar partes citadas

Dear European Union Agency for Fundamental Rights,

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

I am writing to request an internal review of European Union Agency for Fundamental Rights's handling of my FOI request 'FRA rules on Recruitements'.

DETAILS ABOUT COMPLAINT

As to your reply under point 2 –

I would like to reiterate that I made my request under provisions of Regulation 1049/2001 therefore I am fully entitled to request access to Rules of Procedure of FRA Staff Committee, adopted following Judgment F-112/10 and Rules of Procedure of FRA Staff Committee in force until 1st November 2010.

Any of the exceptions listed under article 4 of Regulation 1049/2001 are applicable to my request as you state in your reply.

Therefore I respectfully request to review your decision. Moreover I consider that the comments you made under point 2 of your reply are inappropriate and malicious in the way they are presented, taking view that my case is under appeal and the costs matters are pending the judgment before General Court. Therefore I do not understand such inappropriate remarks, which moreover are outside the purpose of Regulation 1049/2001. You are perfectly aware about the object of case F-112/10 appealed. You are also well aware that OLAF scrutinized and described EUMC/FRA recruitments in its report of 2009 released to the public domain and accessible from here http://www.asktheeu.org/en/request/453/r... at pages 4 to 6. If you decided to make this inappropriate public controversy around the case, apparently just because I requested access to some documents to which, by the way I am fully entitled, you should present also the entire background of the case, including OLAF Report on FRA Recruitments, now publicly available (see above).

A simple reading of case T-107/13P here http://eur-lex.europa.eu/LexUriServ/LexU... is relevant to show that what OLAF revealed in 2009 for previous years (poor management in recruitment issues, irregular recruitments, etc - see OLAF Report) and left on the FRA Appointing Authority to be solved (see again the OLAF Report), regrettably was not solved and the same problems occurred in recruitment procedure in question, launched in the same year of 2009 (subsequently escalated before the court - 2010). In this entire context in my opinion FRA representatives should have a refraining attitude at least until the General Court will release its Judgment.

Having regard to the above, I respectfully request to grant me access to Rules of Procedure of FRA Staff Committee in force until 1st November 2010. As I pointed above, any of the exceptions are not applicable to my request.
To be more precise I request access to Internal rules of staff committee mentioned in this link http://fra.europa.eu/sites/default/files... at article 8.

As to your reply under point 3 –

I reiterate my request to have access to the Rules on voting role of Staff Committee. You acknowledged that “Since then the Staff Committee has decided that it will in the future participate as full members in selection committees”.

I request access to the information revealing the exact date when “Staff Committee has decided that it will in the future participate as full members in selection committees”.

Also I note that you granted me access to a kind of unfinished document dated 4 May 2010 related to the non-voting role of Staff Committee http://www.asktheeu.org/en/request/722/r... .

I request additional information as to the provenance and issuer of this document. As you can see, this document titled “The role of the Staff Committee representative on the Recruitment Panel” : has no header (to identify whose Staff Committee drafted it), has no signature, has no registration number, seems to be unfinished – do not bear numbering of pages

I request access to the documents containing all these information as presented above, including date of approval. I request access to relevant information to allow me to identify the validity of that draft document.

You granted me access to this old EUMC recruitments rules http://www.asktheeu.org/en/request/722/r... In the meantime EUMC ceased its activity and FRA was set up as a new body.

I request access to the new rules, adopted by FRA after repealing these old rules http://www.asktheeu.org/en/request/722/r... .

These documents could be FRA Recruitment Guide, FRA Rules for selection panels, other similar documents.

Note – As you appended by error two relevant documents for the present request under a different request (on whistleblowing) I will transfer them under right place for an easier follow up.

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

Yours faithfully,

Cornelia Trentea

Dear Ms Tara Morris,

I would very much appreciate if you could tell me if the replies you provided me on 21 August 2013 represent FRA management opinion or your opinion.

May I kindly ask you to which paragraph of Article 4 of Regulation 1049/2001 you refer? Which exactly is the exception applicable to my request?
Please ask also an second informed/specialist opinion on the exceptions listed under Article 4. According to consistent case law and EU ombudsman Decisions I do not see any of those exceptions applicable to my requests. Also I would appreciate a lot if you could stick strictly to the purpose of the Regulation 1049 and do not develop any further harmful comments as you could identify in one of your reply dated 21.08.2013
I would like to stress once again: I ask access to FRA documents based on Regulation 1049/2001; therefore as an EU citizen. Thank you.

Yours sincerely,

Cornelia Trentea

Agencia de los Derechos Fundamentales de la Unión Europea

2 Adjuntos

This two documents were sent by European Union Agency for Fundamental
Rights, on the 21 of August 2013, but to the wrong request. Thereby, the
documents are being copied and sent by [1]AsktheEU.org Team
[2]AsktheEU.org Team

References

Visible links
1. http://asktheeu.org/
2. http://asktheeu.org/

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

1 Adjuntos

To the attention of:

Ms Cornelia Trentea

www.asktheeu.org

Vienna, 12 September 2013

2013-outgoing-001507

 

Subject:         Your request of access to documents registered under
reference number 2013-incoming-001278

 

Dear Ms Trentea,

 

Thank you for your confirmatory application received on 22 August 2013
with regard to access to documents request registered under reference
number 2013-incoming-001278. 

  

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 12/09/2013 due to complexity of
your request, high volume of data to be examined and limited human
resources at the Agency’s disposal. 

 

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 03/10/2013.

 

We apologise for this delay and for any inconvenience this may cause.   

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [1]http://fra.europa.eu | [2]Facebook | [3]Twitter |
[4]YouTube | [5]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA online toolkit to help connect public officials at all levels,
[6]available 25 September. 

References

Visible links
1. http://www.fra.europa.eu/
2. http://www.facebook.com/fundamentalrights
3. http://twitter.com/#!/EURightsAgency
4. http://youtube.com/user/EUAgencyFRA
5. http://www.linkedin.com/company/eu-funda...
6. http://fra.europa.eu/en/project/2011/joi...

EU Agency for Fundamental Rights (FRA), Agencia de los Derechos Fundamentales de la Unión Europea

4 Adjuntos

To the attention of:

Ms Cornelia Trentea

www.asktheeu.org

Vienna, 04 October 2013

2013-outgoing-001619

 

Subject:         Your request of access to documents registered under
reference number 2013-incoming-001278

 

Dear Ms Trentea,

 

Thank you for your confirmatory application received on 22 August 2013
with regard to access to documents request registered under reference
number 2013-incoming-001278. 

  

The outcome of internal review of your request related to access to
documents you may find herewith. Please note that questions that fall
outside the scope of an access to documents request under Regulation (EC)
No 1049/2001will not be answered.

 

Having carefully re-examined your application in the light of newly
provided information, we established that your request refers to the
following documents:

 

1.      Rules of Procedure of FRA Staff Committee,

2.      Email from the Staff Committee dated 04 May 2010 referring to the
document published under following link:

[1]http://www.asktheeu.org/en/request/722/r...

3.      Note from the Staff Committee dated 09 September 2013.

 

We have decided to grant access to these documents, which copies you may
find enclosed. 

 

Please note that pursuant to Article 4(1) (b) of Regulation (EC) No
1049/2001, access to a document has to be refused if its disclosure would
undermine the protection of privacy and the integrity of the individual,
in particular in accordance with Community legislation regarding the
protection of personal data. The applicable legislation in this field is
Regulation (EC) No 45/2001 of the European Parliament and of the Council
of 18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and
on the free movement of such data.

 

When access is requested to documents containing personal data, Regulation
(EC) No 45/2001 becomes fully applicable. According to Article 8(b) of
this Regulation, personal data shall only be transferred to recipients if
they establish the necessity of having the data transferred to them and if
there is no reason to assume that the legitimate rights of the persons
concerned might be prejudiced.

 

We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and that it cannot be assumed that such disclosure would not
prejudice the legitimate rights of the persons concerned. Therefore, we
are disclosing the documents requested expunged from this personal data.

 

If you wish to receive these personal data, we invite you to provide us
with arguments showing the need for having these personal data transferred
to you and the absence of adverse effects to the legitimate rights of the
persons whose personal data should be disclosed.

 

We would like to draw your attention to the means of redress against
decisions laid down hereby. You may either bring procedures before the
General Court or file a complaint with the European Ombudsman under the
conditions specified respectively in Art. 263 and 228 of the Treaty on the
functioning of the European Union, and the Regulation (EC) 1049/2001.

 

In addition, please kindly submit any future requests for access to
documents directly to FRA using the form available online at:

[2]http://fra.europa.eu/en/about-fra/regist...

 

Yours sincerely,

 

European Union Agency for Fundamental Rights
Schwarzenbergplatz 11
1040 Vienna, Austria
Tel: +43 1 58030-0
Email: [email address]

Visit us on: [3]http://fra.europa.eu | [4]Facebook | [5]Twitter |
[6]YouTube | [7]LinkedIn

Helping to make fundamental rights a reality for everyone in the European
Union

FRA survey of Jewish people’s experiences and perceptions of hate crime,
discrimination and antisemitism: [8]Results available 8 November

References

Visible links
1. http://www.asktheeu.org/en/request/722/r...
2. http://fra.europa.eu/en/about-fra/regist...
3. http://www.fra.europa.eu/
4. http://www.facebook.com/fundamentalrights
5. http://twitter.com/#!/EURightsAgency
6. http://youtube.com/user/EUAgencyFRA
7. http://www.linkedin.com/company/eu-funda...
8. http://fra.europa.eu/en/event/2013/fra-p...