Public Consultation EC2201/2003 - I can't find my contribution from 15th July 2014

La solicitud fue parcialmente exitosa.

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:

As there was a public consultation of EC2201/2003 also called Brussels IIa between 15th April and 18th July 2014. I have looked up the individual results under the link:

http://ec.europa.eu/eusurvey/publication...

There are 190 published results (after I received an email with a link).

Nevertheless when I try to find my contribution, sent by email on 15th July 2014 (which was in the given timeframe) I cant find it.

On 16th July 2014 11:25 it was confirmed by email from [email address] that the document, sent on the day before has been recived:
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Von: <JUST-CIVIL-COOP_XXX_EMAIL>
Betreff: RE: Reply/Answer to Public Consultation on functioning of Council Regulation EC 2201/2003 - attached, please confirm receipt
Datum: 16. Juli 2014 11:25:03 MESZ
An: <klauszinser@_XXX_EMAIL>
Kopie: <JUST-CIVIL-COOP_XXX_EMAIL>

Dear Mr Zinser,

Thank you for your contribution to the public consultation on the Brussels IIa Regulation.

Best regards,
European Commission
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Why has this document been excluded ? I am also aware of other documents which are missed or should not be there.

This worries me very much as I had made comments:
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35. Are there any other provisions of the Regulation which, in your view, would need to be improved ?
"The recognition of a court order according to BIIa (EX2201/2003) seems to work relatively goog (but should not delay). It should be considered that the trip can only take place after the order is recognized in the other country.
What is not working are national enforcements. For international but also national cases this has to be monitored and published regularly. Also non-complicant states should to to the EU court."

36. Are there any other comments you wish to make:
"When a child is brought to another country there is a much higher risk that this child looses contact to the left behind parent. Because of this, the effort to keep contact to both parents have to be at the same level or even on a higher level compared to national cases.
Therefore I request that the standard for children with parent in two nations will be equal/shared parenting (as it is in Sweden, very strong in France and now standard Switzerland).
Refering to a conference in Bonn/Germany in 2014 I further request that the International Council on Shared Parenting - ICSP is requested to make recommendations for rules. Well known leading people as Prof Eward Kruk Ph.D Canada, Prof Dr. Hildegund Süderhauf Germany, Oliver Hunziker GeCoBi Switzerland, Ned Holstein NPO US, Joe Sorge, Malin Bergström Ph.D. Sweden, Dr. Alexander Masardo UK, Dr. Chantal Clot-Grangeat France and Jurgen Rudolph (Cochem Model).
http://twohomes.org/en_ICSP_board_of_dir...
These leading member with their wide knowledge should be able to provide clear rules on what has to be ruled, agreed, implemented and if necessary enforced that these children are not discriminated compared to children who live together with both parents.
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Further there is an ongoing petition at the Petition Committee of the European Parliament.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

 

Dear Mr Zinser,

 

Thank you for your message. Please be informed that your contribution to
the public consultation on the Regulation Brussels IIa can be found under
the following link: [1]http://ec.europa.eu/eusurvey/publication...

 

You can find it the section: Individual result, entry number is 186.

 

Best regards,

 

European Commission

Civil Justice Policy Unit

 

References

Visible links
1. http://ec.europa.eu/eusurvey/publication...

Dear Justice (JUST),

I have been asking for a contribution from Klaus Zinser which was done

Now the consultation has 2054 entries where several (especially the last ones are very strange). It seems they come from another survey. This is one entry (2053 of 2054): "Do you like it here? the money machine pay day loans The first component of the package provides an overview ofthe system's security requirements and describes the controlsthe contractor has installed. It covers access controls andauthentication, for instance, so that hackers cannot ping thehub and access IRS data."

See here:
http://ec.europa.eu/eusurvey/publication... (Entry 2053 of 2054)

Now I have
(1) a download of data from 25.09.2014 12:25 with roughly 190 entries and
(2) a download of data from 31.10.2014 14:35 with roughly 2050 entries.

Both of these files i have downloaded and stored at several places.

I ask you again, where is the Entry of Klaus Zinser done on 15th July 2014 9:15 PM ?

You refer to an entry from Vinzenz Zinser which is different.

Yours faithfully,

Klaus Zinser

Dear Justice (JUST),

I just checked and downloaded the file.

'Shortname BXLIIA
Export Date Sun Nov 02 23:52:03 CET 2014'

Now there are 2428 entries but still I can't find the one from Klaus Zinser.

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Mr Zinser,

 

Thank you for your message.

 

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.

 

In addition, as confirmed in our e-mail of 16 July 2014, we have received
your contribution which will be taken into account in the assessment of
all contribution received in the course of consultation.

It seems to us that you have sent it to us only as an attachment to your
e-mail and did not upload it in the EU survey system. The system therefore
while transferring all the contributions did not cover your document. We
do not have the possibility of introducing your contribution manually to
the system which in the meantime has been closed; we will look however at
the possibilities of its publication on the website.

 

We hope you will find this information useful.

 

Yours sincerely,

 

European Commission

Directorate-General for Justice

Civil Justice Policy Unit

 

 

Dear Justice (JUST),

as you wrote:

"It seems to us that you have sent it to us only as an attachment to your e-mail and did not upload it in the EU survey system. The system therefore while transferring all the contributions did not cover your document. We do not have the possibility of introducing your contribution manually to the system which in the meantime has been closed; we will look however at the possibilities of its publication on the website."

I am not aware that I had to put my answers into your system. Even when I sent my answers and there was a receipt confirmation there was no such request.

I expect that the so called 'spammed' survey is tidied up and all the answers, that were sent to you will be included into the official survey documents/results. Everything that came outside the timeframe of the survey has to be marked as invalid or removed.

Then I will do another analysis and check if all the documents I know about are included. Also I will check if everything outside the timeframe has been removed.

Because of this un-careful work I request an internal review. There is a very high risk that the survey was not done careful enough and also that the results are wrong.

Yours faithfully,

Klaus Zinser

Dear Justice and Consumers,

still i don't have an answer (internal review open).

I just checked the results. The last entry: "2766 of 2766" which means there is still your so called spammed data in the public consultation data.

Also I suppose the missed contributions are not added. As the work is going ahead with the 'external consultant' what information does this person get ?

Yours faithfully,

Klaus Zinser

Justicia y Consumidores

Dear Mr Zinser,

Please note that we have published your contribution of 15 July 2014 on the DG Justice website (section concerning public consultation on the Brussels IIa Regulation) as it was not possible to upload it in the EU survey system after the expiry of the deadline for submitting the contributions.
Please consult the following website http://ec.europa.eu/justice/newsroom/civ....

Best regards,

Civil Justice Unit
European Commission

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