Implementation of EU law - monitoring of infringements through data accesss for the European Citizens

La solicitud fue parcialmente exitosa.

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:

As I suppose DG JUST is the responsible and coordinating department for all infringement investigations, I send the request to you. In case another department is dealing with this issues and can answer my request better, kindly let me know immediately.

Request:
(1) Hereby I request an overview of all EU regulations where it is possible that infringement proceedings can be done. Even the Eu laws and regulations where there have never been infringement proceedings. Like for the EU law: EC2201/2203 there have never been infringement proceedings.

(2) Further I request either a possibility to download all data from the website: European Commission, Applying EU law Infringements, Infringement decisions either as Excel file or in CSV Format. Also JSON to be able to put online graphics. Also RDF should be considered (http://opendatahandbook.org/en/)

As people rely on these EU laws before going to a national court and spend time and money, this should be kept open permanent as the civil society has a right to know about the implementation of EU law.

(3) Also I want to know the chronology of the infringement numbers/case. E.g. when an infringement number has been created at the first time, the initial step there must have been a decision between sending a formal letter of notice and a withdrawal. But it is for sure the statuses change. For every infringement number I want to know all the statues they went through and when this happened.

E.g.
Infringement number Entry created on/Entry change on Decision Type
20112054 05.02.2011 Formal notice 258 (ex226)
20112054 05.05.2011 Reasoned Opinion
20112054 10.09.2015 Referal to Court 258 (ex226)
20112054 12.04.2018 Closing of the case

(4) Also I want to know more detailed the link/relation between
- the dependent entity (e.g. 'Dir A — Civil justice && 1. Civil justice policy' or 'Dir C — Fundamental rights and Union citizenship && 1. Fundamental rights and rights of the child' etc - please put an '&&' in between that a data specialist can split the string) of the EU directorates and
- the infringement numbers (which can have led to a formal notice or a withdrawal.

(5) Further I want to know
- decisions on financial sanctions,
- the reference case number at the European court of Justice and
- who made the decision on closing, going to court, financial sanctions.
Right now I am not interested to get to know who has opened the infringement number as I suppose this can be done from every EU Commission employee with a level of a legislative officer.

(6) Finally let me know the
(6.1) name of the database
(6.2) the specification document
(6.3) the database design.

With answering this request, in case there are questions where there are rejections, I request that the other points will be answered without any delay.

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

kindly answer my FOI request.

Also inform me immediately in case you have requested internal support from your legal department. Means, let me know when you are in contact with the legal department which gives a strong indication that you are trying to avoid answering the request and instead of this, you employ people to avoid transparency for European Citizens.

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

whats the status now ? When will you deliver ?

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

3 Adjuntos

Dear Mr Zinser,

Thank you for your message.

We inform you that a reply to your request (Gestdem 2015/881) was sent to you by our colleagues from SG.C.3 (see attached) on 11.05.2015.

Following this initial reply, please find an email (in attachment) which was sent to you by our unit on the same day.

Yours faithfully,

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

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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 'Implementation of EU law - monitoring of infringements through data accesss for the European Citizens'.

I have requested access to the entered infringements. This access was not given neither I have received all this entered data.

As I have serious concerns about the work of the EU commission I again request this information.

Thats the only chance for a EU citizen to monitor the work and to see if there has been maladministration through the EU Commission.

Further, the website:
http://ec.europa.eu/atwork/applying-eu-l...

is partially misleading. If there are serious issues on the interpretation of EU law, the national courts have the duty to forward the case to the European Court in Luxembourg. This procedure should be explained on this website.

Maybe even the EU Commission themselves, informed about infringements, could have done this in the same way. Especially in the case, if they were not clear on the laws they have made.

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

Before there is a rejection of my complaint I request all data entered for Agriculture and Justice and also the number of complaints in all other areas.

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

please make the internal review. Look what I had requested on 8th March and that this was rejected. Not even parts were answered.
I am very interested to get answers for the questions Number (3), Number (5) and Number (6). There must be data/documents. And there must be a database.

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(3) Also I want to know the chronology of the infringement
numbers/case. E.g. when an infringement number has been created at
the first time, the initial step there must have been a decision
between sending a formal letter of notice and a withdrawal. But it
is for sure the statuses change. For every infringement number I
want to know all the statues they went through and when this
happened.

E.g.
Infringement number Entry created on/Entry change on Decision Type
20112054 05.02.2011 Formal notice 258 (ex226)
20112054 05.05.2011 Reasoned Opinion
20112054 10.09.2015 Referal to Court 258 (ex226)
20112054 12.04.2018 Closing of the case

(5) Further I want to know
- decisions on financial sanctions,
- the reference case number at the European court of Justice and
- who made the decision on closing, going to court, financial
sanctions.
Right now I am not interested to get to know who has opened the
infringement number as I suppose this can be done from every EU
Commission employee with a level of a legislative officer.

(6) Finally let me know the
(6.1) name of the database
(6.2) the specification document
(6.3) the database design.

-----------

So we should have a list of all infringements with a detailed chronology.

My comments from yesterday mainly refer to another, similar FOI i had made.

European Citizens have the right to get to know what the commission is doing and whats possibly ignored.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

1 Adjuntos

Dear Mr. Zinser,
 
In order to enable us to register properly your confirmatory request,
could you indicate us the GESTDEM reference of the initial request to
which you refer in your email below ?
 
Thank you in advance,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 

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Dear Justice and Consumers, Dear Mrs Bluriot-Puebla,

unfortunately I cannot see the Gestdem reference in asktheeu.org.

I refer to the request that you can see under the weblink:
http://www.asktheeu.org/en/request/imple...

where I asked on March 08, 2015

Request:
(1) Hereby I request an overview of all EU regulations where it is
possible that infringement proceedings can be done. Even the Eu
laws and regulations where there have never been infringement
proceedings. Like for the EU law: EC2201/2203 there have never been infringement proceedings.

..

and had questions numbered up to:
(6.3) the database design.

Just keep my additional questions from 26th June aside. But on this day I requested the internal review. (The question from 26th June are linked to another similar FOI request). So, the request for an internal review was done on 26th June and I had put the questions on 27th June 2015.

So I request an internal review of the FOI
http://www.asktheeu.org/en/request/imple...
and to avoid a further rejection I narrowed the questions a little down on 27th June 2015 (but did not ask for additional information, I just gave the questions numbers which are most important).

What I want is to track infringements. When Infringements have started through an formal letter to the violating member state (thats also the time when they had got an unique number) and how the Infringements 'developed' (e.g. ended up at Luxembourg Court, have been stopped or the country made correction where the EU commission said they are satisfied).

If something is still not clear let me know.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

1 Adjuntos

Dear Mr. Zinser,
Your request for information has been forwarded to our colleagues of unit
C 3 (Secretariat general).  You will receive an answer as soon as
possible.
Best regards,
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/330
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 
 

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EC ARES NOREPLY, Justicia y Consumidores

2 Adjuntos

Veuillez trouver ci-joint le document Ares(2015)3068564 concernant "Access to information request - Implementation of EU law - monitoring of infringements through data accesss for the European Citizens" envoyé par M/Mme VON KEMPIS Karl le 22/07/2015.

Please find attached document Ares(2015)3068564 regarding "Access to information request - Implementation of EU law - monitoring of infringements through data accesss for the European Citizens" sent by Mr/Ms VON KEMPIS Karl on 22/07/2015.

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Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender VON KEMPIS Karl (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir VON KEMPIS Karl (mailto:[email address]).

Dear EC ARES NOREPLY, Dear Mr van Kempis,

it is good to see that there is progress. Nevertheless I have some questions:

#1. As I am not a lawyer its is difficult to decide where there is a violation. I have to accept your answer. Done.

#2. I can't really download the data. Open.

#3 Chronology is there. I checked with the number: 20140219 and I found two entries. Agreed and accepted. Done.

#4: Policy Area - well, there are around 50 different options. When looking on the infringement under number 3, there are no details. When I want to see all from DG JUST there are no details. The minimum what I would expect is down to the heads of Units. E.g. Institution European Commission DG JUST — Directorate-General for Justice and Consumers Dir A — Civil justice 1. Civil justice policy-> means down to '1 Civil Justice Policy'. Its not there. I don't agree. Open.

#5: Quote: 'On your request under point 5, please note that the decisions on the referral to the Court of Justice of the EU and on proposed financial sanctions are taken by the College of Commissioners.'
Can you explain whats is the 'College on commissioners.'But we should start earlier (if needed I can make another request). Suppose there is report from a European Citizen about a possible infringement. Who decides to close or go ahead ? When is the citizen informed ? Who decides to send a formal letter ? Who decides to closed the case after the receipt of the formal letter (as it happened in the case 20140219) ? On the decision to bring the case to the EU court you wrote the College of Commissioners (as requested kindly explain what it is).

In the document: http://ec.europa.eu/atwork/applying-eu-l... there are numbers. Lets take UK. Minumum Lump Sum: 9938(I suppose Euro). What does it mean exactly ? UK is paying 9938 Euro if they have been found guilty (decided from EU court) in one infringement case ? Open.

#6: Is fine. But personally i would recommend not to put the names of all the responsible people that easy on the web. It is fine that I know you are responsible for this database. But I should not be able to write a web scraper and get the names of 500-1000 EU Employees and the Databases they are responsible for. The NSA, the GCHQ, the Chinese Intelligence services or whatever (criminal) organisation can get this information in maybe 5 hours (4 hours writing a webscraper and 30 minutes for running). Give the names.But not that easy. Done.

Yours sincerely,

Klaus Zinser